BAILIFFS HAVE THE RIGHT TO INDEPENDENTLY PUNISH COLLECTORS FOR VIOLATIONS

BAILIFFS HAVE THE RIGHT TO INDEPENDENTLY PUNISH COLLECTORS FOR VIOLATIONS

BAILIFFS HAVE THE RIGHT TO INDEPENDENTLY PUNISH COLLECTORS FOR VIOLATIONS
Bailiffs have the right, by their own decision, to impose sanctions against collectors-violators. This statement was made by the First Cassation Court of General Jurisdiction.


Similar edits were made to the law the day before. However, not all bailiffs began to act in accordance with the innovations. For example, in one of the cases, the court overturned the decision of the bailiffs, who imposed a fine on collectors. However, the Court of Cassation called such an action of the court unreasonable, writes RG.RU .

The authorities of the country aim to increase attention to the practice of debt collection. The supervision of the Federal Bailiff Service will be extended, including to banks and microfinance organizations. The innovation will come into force on March 1.

Also in 2017, the regulations for debt collection began to operate. All official collection agencies are represented in the register of the Federal Bailiff Service. Agencies that are not included in the register are unofficial and do not have the right to conduct their activities.

"The current legislation establishes rules that should guide persons engaged in the collection of overdue debts. For example, limiting the number of calls. You cannot call third parties. And much more," said Vladimir Gruzdev, Chairman of the Board of the Association of Lawyers of Russia.

Violation of the requirements is fraught with a fine. Bailiffs can present it even in case of night calls.

The press service of the State Department of the FSSP in the Krasnoyarsk Territory reported that one of the collection organizations received a fine of 100 thousand rubles for illegal actions against a pensioner. The court terminated the transaction between the 75-year-old woman and the bank, since at the time of the conclusion she was incapacitated. At the same time, representatives of the credit institution ignored the court's decision and demanded a refund from the borrower. They also received the number of her representative without the consent and informing of the woman and systematically called him.

Not so long ago, the Criminal Code introduced an article on criminal liability for collectors, which is provided in case of threats to the debtor. It is customary to resolve such cases through judicial proceedings.


07.09.2023