Debt for utility bills bailiffs

Housing and communal services in Russia

If the consumer partially pays for utilities and services for the maintenance and repair of residential premises provided by the contractor, then the contractor divides the payment received from the consumer between all types of utilities specified in the payment document and the payment for the maintenance and repair of residential premises in proportion to the size of each payment specified in payment document.
In this case, the contractor calculates the consumer's debt for each type of utility service based on the partially unpaid amount. a) the contractor in writing sends a warning (notification) to the consumer-debtor that in case of failure to repay the debt for payment of a utility service within 30 days from the date of transmission of the specified warning (notification) to the consumer, the provision of such utility service to him may first be limited, and then suspended or, in the absence of the technical possibility of introducing a restriction, suspended without first introducing a restriction. The warning (notification) is brought to the attention of the consumer by handing it over against signature or sending it by registered mail (with a description of the attachment);

There is a debt for housing and communal services, but I partially pay it off

• The defendant admitted the claim brought against him.
• The defendant partially paid this debt.
• With the permission of the defendant, a contribution was made towards the debt by another person.
• Part of the amount imposed on the debt by sanctions was paid.
• The defendant signed any documents confirming his debt to public utilities.
• The defendant previously declared recognition of this debt and made payments on account of it for the previous period.
• An agreement on deferred or installment payment was drawn up.
• Amendments were made to the agreement between the tenant and the management company, which indicated the recognition of the debt by the defendant.
• In most cases, legal protection for the utility debtor will be provided by the court in full and regardless of any reasons on the basis of Article 199 of the Civil Code.

When paying off a debt, we must not forget about making timely payments on current receipts. The management company may terminate the contract unilaterally if the debtor does not make payments on time or is late in paying the current debt. Consequences of debt The consequences of rent debt are as follows:

There is a debt for housing and communal services, but I partially pay it off

How can I pay off rent arrears in installments? No matter what difficult life situations you encounter, first of all, you should not aggravate the situation and add wars with the management company to the total number of problems. Therefore, of course, it is worth paying your bills on time. But, if suddenly you cannot pay your bills on time, you need to take action immediately.

• In exceptional cases, the debtor's apartment may be put up for auction to pay off rent arrears. Then the state is obliged to provide the owner with living space of at least six square meters per person in a dormitory or in a communal apartment. After the apartment is sold and the debts are paid, the remaining funds are returned to the debtor.
• Rent debt: what to do What to do if you suddenly find that your utility debts are too high? First of all, don't panic.

We recommend reading: Necessary documents to obtain a property tax deduction

What are the consequences of not paying debts?

The management company usually charges penalties for debts on utility bills. The amount of penalties is indicated in the payment receipt in each month following the formation of the debt.

Expert opinion

Evgeniy Belyaev

Legal consultant, financial expert

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Important! When paying off debts through a bank cash desk, Russian post office or other service point, you must separately indicate that you also want to pay off the penalty, otherwise the cashier will not include it in the check.

How long penalties will accrue depends entirely on the service provider. Any rent receipt contains services from several different companies:

• HOA;
• water utility;
• energy workers;
• intercom companies, etc.

Each of them has its own provisions on the maximum period of waiting for debt repayment. As soon as the established deadlines come to an end, the organization has the right to limit the defaulter’s access to services. This is done as follows:

1. 20 days before the expected date of disconnection, the debtor is given, against signature, a notice of the debt and the supplier’s intention to take restrictive measures.
2. If the debtor has not made any payments to the company within 20 days, the supply of the service is suspended.
3. Then, within 30 days, the debtor is obliged to pay at least part of the amount charged to him for payment or to completely repay the debt.
4. If no payments are received within the specified period, the service provider has the right to completely restrict access to it.
5. After settlement of debts, the provision of services will be resumed within two days from the moment funds are received into the company’s account.

Expert opinion

Evgeniy Belyaev

Legal consultant, financial expert

Ask

Important! For residents of apartment buildings, the law prohibits interrupting the supply of heating and cold water. Any other services may be completely disabled.

I have a housing and communal services debt that I am paying partially, will they let me go to Turkey with a voucher?

In accordance with Part 4 of Art. 8 of the Federal Law of December 29, 2016 389-FZ "On amendments to the Code of the Russian Federation on Administrative Offenses of the Russian Federation" On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony"

In accordance with Art. 42 of the Law on the Protection of Consumer Rights, a consumer to whom a product of inadequate quality is sold, determined by the readings of a metering device, the warranty period is calculated from the date of issuance of the examination to the consumer, including goods concluded in an electricity contract, unspecified requirements for the quality of goods (work, services) in accordance with its intended purpose.

Payment of utility bills

Advice from lawyers:

1. What can happen if you have a significant debt to pay utility bills?

1.1. For employers. Housing complex of the Russian Federation. “Article 90. Eviction of the tenant and his family members living with him from the residential premises with the provision of another residential premises under a social tenancy agreement. If the tenant and his family members living with him for more than six months without good reason do not pay for housing and utilities, they can be evicted in court with the provision of another residential premises under a social tenancy agreement, the size of which corresponds to the size of the residential premises. premises established for moving citizens into a hostel.”

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2. I have not lived at my place of registration since May 2013, since the house was declared unfit for habitation, and I pay all utility bills at my place of residence. But at the place of registration, invoices for payment of the CTO arrived and a debt arose, although I provided documents, but the settlement center does not want to listen to anything. Tell me what should I do? Thank you.

2.1. Good afternoon. I recommend that you submit a written appeal to the head of the legal entity, collecting a package of documents from which it will be clear that you really do not reside.

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2.2. Hello. To the head of legal Have you contacted the department?

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2.3. In your appeal, you must refer to the law of the Russian Federation “On the Protection of Consumer Rights”, to the federal law. “On production and consumption waste”, indicating that your property is not a residential premises, because An agreement for waste removal can be concluded only with the owners of residential buildings/premises, as well as with organizations authorized by them. And you only own one living space.

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3. The new owner makes a demand for my payment of contributions for major repairs in an apartment building relating to my period of ownership of the property. At the time of transfer of ownership, the management company provided documents confirming that I had no debt on utility bills. Subsequently, six months after the transaction, debts for major repairs were revealed. Is his demand legal?

3.1. Good afternoon According to Part 3 of Article 158 of the Housing Code of the Russian Federation, when the ownership of premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of major repairs of common property in the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for capital repairs, passes to the new owner. repair. The buyer’s demands are unlawful if this fact (the existence of a debt, or the absence of claims for payment of obligatory payments) is stated in the contract or the transfer acceptance certificate.

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4. We are buying an apartment, but we have not received a certificate from the seller indicating that there is no debt on utility bills. Is it necessary to notarize a receipt in which the seller undertakes to pay the debt?

4.1. Hello. Notarization is your right and expense; in case of non-payment of utility debt, you will have to solve these problems and go to court.

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4.2. No need to certify. You just need to not give him part of the payment and pay off the debts right away... And not debts at all - the former owner must pay them off, they cannot collect from you.. But then problems may arise for you...

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5. It is necessary to sell a house in Ukraine to a Ukrainian citizen located in Russia under the current closed borders. Is it possible to do this remotely? What is the procedure if before this it is necessary to discharge relatives registered in the house (court order on the discharge of those registered but not living in the family), and to pay arrears on utility bills?

5.1. Hello! Can. This is paid information.

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5.2. You need to write out a power of attorney for someone and they will sell it to you by power of attorney.

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6. Are the actions of the State Public Institution “Payment Center” legal to suspend monthly monetary compensation for expenses for housing and utilities due to the presence of debt to the management company? At the same time, utility bills are promptly paid directly to resource-supplying organizations and the house is recognized as unsafe and subject to demolition. Thank you in advance.

6.1. Hello! I think they are illegal. With these arguments, it is worth filing a complaint against the actions of the KSCU to the prosecutor’s office on the basis of Art. 10 Federal Law On the prosecutor's office, and then to the court.

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7. Registered in his parents’ apartment. I haven’t lived there myself for 3 years. I rent an apartment, pay for it (I have a rental agreement and all payment receipts). On the website of the bailiffs, a debt is displayed “for payments for living space, utility bills, including penalties, with the exception of debt for payments for gas, heat and electricity.” The parents live in the apartment permanently, are healthy, both work and are able to pay (they don’t just pay). How can I get rid of my debt?

7.1. Only registered or also the owner? Also according to parents the owners or the apartment according to social security. will I hire? The fact that you rent an apartment and pay for it in good faith is good, but this is not a basis for removing the burden of paying housing and communal services for the apartment in which you are registered. And you didn’t do anything for this in the first place.

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8. A “claim-warning” letter has arrived regarding debt on utility bills for 2020. Until today, there are no debts in the bills for payment for housing and communal services. could this be? If so, does the statute of limitations of 3 years qualify?

8.1. Maybe they didn’t take something into account, or maybe they were scammers. Check with the Criminal Code. The statute of limitations is three years. Sincerely.

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9. A large family of 6 children, the mother is raising one, has a debt on utility bills in the amount of 180,000, the debt is partially collected by the bailiff service. A warning has been received to limit the supply of electricity. How can I arrange payment in installments for what is the maximum period?

9.1. It is necessary to contact resource supplying organizations with an application for installment plans. Offer your options for the installment period. It depends on your income, required expenses and RSO position.

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10. I'm on the stock exchange and I can't pay utility bills. An installment plan was arranged for payments, but I am unemployed and violated the agreement to pay the debt. At the moment, the housing cooperative is threatening to put caps on both water and sewerage. The question is what can be done and how to solve this current situation..? Best regards, Olga.

10.1. Dear Olga, you need to contact the local department of social protection of the population with an application to recognize you as low-income and provide subsidies to pay for utilities. Also submit an application to utility companies for debt restructuring due to newly discovered circumstances. File a complaint with the prosecutor's office and Rospotrebnadzor, deprivation of water and sanitation from a residential premises is a violation of sanitary standards, the Constitution and human rights. Utility companies must collect debts through writ proceedings.

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11. When paying for utility bills for housing and communal services if there is debt from previous years, what are the current payments or the debt being paid in advance?

11.1. In order not to lose the general statute of limitations of the management company, HOAs pay off previous long-standing debts at the expense of current revenues. It turns out that you are paying payments for September 2020, but they are for September 2020, and you still owe for September 2020.

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11.2. Distribution of deposited funds is made in proportion to accruals for all services.

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12. My husband and I have arrears in paying utility bills. 48,000 and a fine of 60,000 was calculated. We pay off the debt + monthly payments. But are penalties legal?

12.1. The very fact of accruing penalties is legal. However, you need to check that the penalty amount is correct. There are doubts about the amount.

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12.2. Oksana, who counted? According to Art. 333 of the Civil Code of the Russian Federation there is a requirement that the amounts of the principal debt and fines and penalties be proportional. You didn’t write whether the penalty was established by the court or not? If by court, then you need to appeal the judicial act, referring to Article 333 of the Civil Code of the Russian Federation.

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13. Does the management company have the right to turn off electricity if there are debts on utility bills? There is no debt on electricity payments.

13.1. If there is no debt to pay for electricity, then they have no right to turn off the lights. In addition, they must notify in advance the Decree of the Government of the Russian Federation of May 6, 2011 N 354 (as amended on July 13, 2019) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services to owners and users premises in apartment buildings and residential buildings")

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14. I have received a claim for payment of debt on utility bills. How to formulate a response to a request for a deferred payment due to a delay in wages.

14.1. Either write in any form yourself, or order the work from the site’s lawyer in a personal message.

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14.2. You go to the management company and agree on an agreement to pay off the debt.

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15. On January 14, 2019, I bought an apartment with a debt on utility bills. An application was written with a request to open a new personal account, with a request not to reflect in the receipts any debt for payment for the maintenance of the apartment and utilities for the period from 02/09/2019 (the date of registration of the property in the Unified State Register of Real Estate). The answer was a refusal. What to do? Thank you! +79313007991

15.1. It is necessary to clarify whether your purchase and sale agreement contains a separate clause on debt obligations: if it is stated that the seller notifies the buyer that the apartment does not have encumbrances in the form of debts for utility bills, then the new owner can appeal the management company’s refusal to open a separate legal entity accounts and has the right not to recognize any debts of the previous owner. But if this clause is missing, or the contract stipulates that debts for utility bills are transferred to the new owner, this means that these debts will have to be paid.

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16. A notice of debt for one month came with the payment for heat exactly a year ago (for July 2020). The payment was definitely made through Sberbank online. The receipt was not printed. Does the utility service have the right to demand documents confirming this payment with such a statute of limitations? Will the bank provide such a document?

16.1. Hello! If you paid online through Sberbank, your payment history will be saved; the statute of limitations is 3 years. So, they have the right to demand confirmation of payment.

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17. If you have paid arrears on utility bills, the payment receipt can be considered proof of payment. The bailiffs say that I need to bring a certificate from the HOA, that I don’t owe them anything, and the receipt for payment through Sberbank is not considered evidence.

17.1. Here the bailiffs are of course wrong. If the amount in the receipt corresponds to the amount collected, they are obliged to accept it and resolve the issue of ending enforcement proceedings. But in order to be sure that the debt has been repaid, bailiffs usually require such a certificate.

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18. A letter was received Resolution on the initiation of enforcement proceedings from the Justice of the Peace regarding arrears in payments for living space, utility bills, including penalties in the amount of 14,045.71. “The Debtor” died in April of this year. Lived in his own house. I assume that this debt was attributed to water. They did not bring receipts for payment for water. Five years after the well was drilled, the plaintiff did not use tap water from the public water supply. Help me where to start.

18.1. Good afternoon. Most likely, a court order was issued; it is issued without summoning the parties and without trial. This court order needs to be overturned. To do this, you need to write your objection and send it to the court that issued the Court Order. In accordance with Art. 129 of the Code of Civil Procedure of the Russian Federation, the judge cancels the court order if the debtor within the prescribed period receives objections regarding its execution. If everything is done correctly, it will definitely be cancelled.

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18.2. Good afternoon Is this a court order or a court decision? I will answer all your questions! I would be grateful for your feedback.

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19. Received a resolution to initiate enforcement proceedings. Debt in payments for utilities. It was submitted by an organization with which I have had no relationship for 2 years now and they paid everything on time. No subpoenas or court orders were received. This document fell out of the blue. What to do, where to start refuting? The payment period for the alleged debt is 5 days.

19.1. If you have not received a summons for the court hearing, you have documents about payment, contact the court that issued the order, to restore the deadline for going to court and a statement of disagreement with the court order. If you have difficulties with writing, contact any website lawyer you choose. Don’t delay, send a telegram to the bailiffs that you don’t agree with the order and will appeal it.

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20. I have a question: there is arrears in utility bills, payments for the current months for utility bills are made monthly + partial payment of the debt, our HOA filed a lawsuit on the issue of collecting debts for utilities to the magistrate. What demands can they make of me?

20.1. Debt and interest under Article 395 of the Civil Code of the Russian Federation and legal costs of Article 98 and 100 of the Civil Procedure Code of the Russian Federation. If you miss the statute of limitations, Articles 196 and 199 and 200 of the Civil Code of the Russian Federation ask the court to dismiss the claim.

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20.2. Natalya, hello! Has the HOA applied for a restraining order? Or has the court order already been issued and was canceled? The requirements are simple - the amount of debt and penalties. In your case, it is important to understand for what period the debt exists. All payments older than three years at the time of filing a statement of claim (namely a claim, and not an application for a court order) can be “written off” by filing a petition to apply the statute of limitations - in this case, the court for debts older than three years will refuse to satisfy the claims of the HOA .

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The sister purchased an apartment in an apartment building and registered the ownership in her own name.

The management company filed a lawsuit regarding arrears in payment of utility bills in the period from 01.

The debt to pay for utilities is 225 thousand rubles. In the court order, the debt being collected is 85 thousand rubles (for the last 3 years).

Last year, I received a letter about a trial regarding arrears in utility bills,

The Unified Settlement Center sent a notification in my name about the presence of arrears in payment for residential premises and utility bills.

I am paying for a mortgage on an apartment in which my ex-wife and I are the owners (mat capital was invested as part of the loan repayment).

We rent an apartment, there is an agreement, we haven’t paid taxes. Tenants are constantly delayed in paying rent, and utility bills have become arrears.

She filed a claim in court to determine the procedure for paying utility bills.

My sister and I have an apartment. Privatized 1/2 and 1/2. Utility bills are separated.

My sister and I have an apartment. Privatized 1/2 and 1/2. Utility bills are separated.

I have a question, I sent a claim for payment of debt on utility bills,

What to do if you have nothing to pay a large debt for an apartment

No matter what difficult life situations you encounter, first of all, you should not aggravate the situation and add wars with the management company to the total number of problems. Therefore, of course, it is worth paying your bills on time. But, if suddenly you cannot pay your bills on time, you need to take action immediately.

1. The first, the simplest and most reliable, is to contact the Housing Office directly, where they will tell you at your address the exact amount of debt and accrued fines (penalties).
2. If you don’t have time to stand in line at the housing office, there is a way to get information via the Internet. To do this, you need to go to the website of your management company and log into your personal account.
3. There are also banks that provide payment services for housing and communal services. You will have to register, which will take no more than 10 minutes, and gain access to your personal account. Using this method, you can not only find out the amount, but also make payment immediately.

How to find out rent arrears

1. In order to view your utility debt, you need to go to the “payments for housing and communal services” tab.
2. Click to receive the service.
3. You must indicate the address of the apartment.
4. We specify the automatic option for determining the address or specify it manually.
5. Select the bottom of the list of the desired service provider.
6. Then enter your personal account number. The system instantly issues debt amounts. If the payer does not agree with the information provided, you can immediately send a claim remotely to the body involved in direct settlements.

Can I sue for housing and utility debt if I pay off the debt to the best of my ability?

Hello! I have rent arrears as of September 1, 2016. in the amount of 11,029 rubles. I pay rent every month + 1300 I pay off the outstanding debt. 09/20/2016 paid 3313 rubles (2366.29 sq. fee + 947 debt). Today I received a warning about overdue debt and the need to repay the debt within 3 days. I can’t pay the entire amount at once, because... I pay two loans, my salary is small - 12,200. What does this threaten me with? And can they sue me?

Most likely, the creditor will receive a court order for the amount of the debt and submit it for collection through enforcement proceedings. Next, the FSSP will seize your accounts, property, foreclose on your salary (other income), etc... This is the saddest option.

We recommend reading: Disciplinary sanctions, procedure for application and removal

Is it legal to post lists of rent debtors in the entrance, indicating the name and amount of debt?

If the parents cannot come to an agreement, the dispute is resolved by the court with the participation of the guardianship and trusteeship authority at the request of the parents (one of them). At the request of the parents (one of them) in the manner established by civil procedural legislation, the court, with the obligatory participation of the guardianship and trusteeship authority, has the right to determine the procedure for the exercise of parental rights for the period before the court decision enters into legal force.

3. In case of failure to comply with a court decision, measures provided for by civil procedural legislation are applied to the guilty parent. In case of malicious failure to comply with a court decision, the court, at the request of a parent living separately from the child, may make a decision to transfer the child to him based on the interests of the child and taking into account the opinion of the child.

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What to do with a large utility debt

• Drawing up a debt restructuring agreement. Thanks to it, the total amount will be divided into parts, which will allow it to be paid in several stages, thereby easing the financial burden. For most debtors, this is very important, because often non-payment of housing and communal services occurs due to a lack of funds. This method of dealing with utility debt is available to a category of citizens who were not previously debtors. The debt is distributed evenly over a certain period, after which it is repaid voluntarily.
• Subsidy. A government type of assistance available to tenants and those who own an apartment. In this case, the restructuring agreement must be drawn up. Information on how to apply for a subsidy can be found on the government services website. It is worth considering that this type of government assistance is provided if 22% or more of the total income of the family living in the apartment is spent on maintaining the living space.

Therefore, you should be careful, and in this case write a statement to the court indicating this fact. This is in the interests of the debtor, because if you do not indicate the terms of collection, no one will pay attention to them. This means that the amount can increase significantly. Regardless of the size, you can always agree with the management company on the best way to deal with debts.

Can debts for housing and communal services be written off?

Payment of utilities is the responsibility of each property owner who has entered into an agreement with the management company. When selling a real estate property, the debt for the apartment does not pass to the new owner, but remains with the former owner.

The purchase and sale agreement may provide for a clause under which the amount of debt will proportionally reduce the redemption price of the property.

However, in practice there are grounds on which utility debts can be written off.

By statute of limitations

At the legislative level, there is a statute of limitations for housing and communal services debts. This rule applies as follows:

• The expiration of the statute of limitations occurs after 3 years of non-payment of housing and communal services debts . That is, after the specified time, the plaintiff loses the right to sue, and the debtor now may not pay at all - and this is already legal;
• If the debtor does not pay the debt on his own, then the resource supplying organization has the right to file a corresponding claim (

  
  )

  ;
  
• collection of debts for housing and communal services can be carried out only for the last three years preceding the start of the trial (all debts after 3 years cannot be claimed);
• if the debtor at the court hearing does not indicate the need to apply the rule (article) on the statute of limitations, then the court decision can be made to write off the debt in full (since the principle of legal proceedings is impartiality, therefore the judge cannot tell the parties to the process how it is more profitable to defend their position).

Due to the death of the debtor

Due to the fact that debts follow the owner who allowed them to accumulate, the occurrence of his death entails the complete termination of all rights and obligations of the subject , including the automatic write-off of debts for utilities.

The situation is different when the debtor is a legal entity. Cancellation of a legal entity's debt to resource supply organizations is permissible only in the event of bankruptcy of the debtor.

But in this case, it is not so easy to write off housing and communal services debts, since each company begins liquidation procedures related to the sale of all balance sheet property and the repayment of debts from the proceeds. If such funds are not enough, then resource supply companies will have to write off the debt for housing and communal services.

Under the housing and communal services amnesty from Putin

As part of the planned federal program, presented by the current President of Russia, it is planned to introduce an amnesty on property, transport, and land taxes. However, the bill does not say that Putin will write off utility debts.

There is a small caveat in that the 2018 housing and communal services debt amnesty will be applied to debt incurred before 2015. In fact, utility debts will be written off in 2020 due to the expiration of the statute of limitations.

Write-off of debts for utility bills according to the statute of limitations (judicial practice)

Accordingly, even if you have not paid your bills for thirty years, they can only recover payment from you through the court for a period of three years. But the defendant must independently prepare a petition with a request to refuse full satisfaction of the plaintiff’s claims due to the fact that he missed the statute of limitations. Such a statement is written in free form and must be attached to the record of the trial. If the petition is not submitted to the judge in a timely manner, you will have to pay for all the years of freebies. Our lawyers will help you draw up such a statement for free, taking into account the latest changes in legislation. You just need to leave a request via the feedback form.

The start of the limitation period should begin from the date of the last payment in favor of service providers. In this case, each new payment will be considered a new “starting point”. Each document signed in an organization (for example, an act of reconciliation of testimony and/or amount of debt) also resets the elapsed time, and the statute of limitations begins to run again.

How can you avoid paying rent penalties?

If the management company, during the trial, claims to receive the entire amount, the defendant needs to contact the court with a request to take into account the statute of limitations, since otherwise a decision may actually be made to recover the entire amount, and then appeal the claim prescription will no longer be possible.

The order of repayment of claims for any monetary obligations is carefully spelled out in Article 319 of the Civil Code. In particular, this rule indicates that the amount of the payment made, which is not enough to fulfill the existing monetary obligation in full, in the absence of any other agreement, first of all pays off the creditor’s costs associated with obtaining fulfillment, after which they are paid interest and only then the principal amount of the debt is repaid.

New judicial practice for collecting debts for utility bills

According to the Civil Code of the Russian Federation, a partnership and members of a partnership of real estate owners are not liable for each other’s obligations. Thus, the homeowners association is liable only for the property it owns and the funds received in the course of commercial activities, if any. In practice, the most common sources of additional income are the rental of non-residential premises, the lease of space for placing equipment of Internet providers, the placement of advertising structures, etc. This provision is often ignored in law enforcement. An HOA, like any other person, has a personal current account with banking institutions. All payments are received to this account, i.e.