Supreme Court of Russia ordered to check what will be left to a retiree after the debt recovery

The Supreme Court of the Russian Federation considered the complaint of a retiree from Krasnoyarsk, who did not have enough money to live on after a monthly settlement with creditors.  The amount of the debt was about 500 thousand rubles, and the debtor himself was a retiree and a disabled person.

When considering the case, the Supreme Court of Russia pointed out the importance of examining the circumstances and sources of income of the debtor separately in each case.

This must be done in order to maintain a balance of interests between the pensioner and his creditors. The situation when a person pays more than he (she) is able to is simply unacceptable.

In the case of a pensioner from Krasnoyarsk, the debtor had two sources of income: a disability pension and a monthly cash payment due to his health condition. At the same time, according to the law, the last source of income could not be subject to collection within the framework of enforcement proceedings. Therefore, the pension turned out to be ‘under the blow’ of the bailiff.

Initially, the withholding amount was half of the total retirement benefit. Then it was reduced to 10% and, nevertheless, the debtor did not have enough money for living.

Justifying his expenses, the applicant mentioned the need to pay for utilities, as well as the maintenance of a minor child who was dependent on him.

It should be noted that the current legislation provides for the possibility of collecting debts from pensions in the amount of up to 70%. At the same time, the Supreme court of Russia recalled that in this case, a situation may arise when the pension is the only source of income, and here it is important to make sure that after the collection there will be enough funds for living. This circumstance should be checked by the courts in the event of collection of debts from a retiree, summed up the representatives of the Supreme Court.