In many cases, debtors are entitled to protect an amount equal to living wages from being written off by creditors. About how to do this, the manager of the law firm “Spetsyust” Alexander Tselykh told “Vechernaya Moskva”.
Introduced in February
As the expert noted, debtors have recently acquired the right to maintain a living wage.
– Since February of this year there is a restriction: it is forbidden to collect the funds that make up the debtor’s living wage. Neither bailiffs, nor employers, nor banks have the right to collect such funds if the debtor has written a proper application, – explained the interlocutor of VM.
It works like this: Every month the bailiffs or the employer withhold part of the income to pay off the debt, while the living wage amount must stay with the debtor. This may be the subsistence minimum for the entire country (in 2022 it is 13,919 rubles – note “VM”), and the regional one, if it is higher, the specialist emphasized.
i need a statement
According to the specialist, in order to prohibit creditors from canceling the living wage, it is necessary to write a proper application.
– To save the living wage for the debtor, it is necessary to submit an application to the bailiffs indicating their salary, income and other information. Bailiffs in the future indicate everywhere that the debtor needs to maintain a living wage, – said the expert.
Banks also have the right to accept execution orders and collect money in favor of creditors, the interlocutor of “VM” noted. As of July 1, debtors can apply to banks that have an execution order against them. Banks, having received such a statement, are obliged to keep for a person an amount equivalent to a living wage, the expert specified.
You can also send an application to the employer or the Pension Fund, Entero noted.
– The third instance in which you can file an enforcement order: the debtor’s employer or Pension Fund. A bill has recently been introduced that debtors will also have the right to apply to the employer or the Pension Fund. In the State Duma, the amendments were adopted in stages: first for the bailiffs, then for the banks, and now they are going to add one more right to the debtor. But even without these amendments, such a provision was in force for debtors: it was adopted in January, but now they want to enshrine it at the level of law. In fact, this is already being applied on the basis of clarifications from Rostrud, ”said the VM interlocutor.
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not just for you
The debtor may be entitled to protect large amounts if he has other dependents, the attorney said.
– In addition to the debtor, they must also leave a living wage for those who are in their charge. For example, minor children or elderly parents. In this case, you must apply to the court to increase the limit. The court, having considered the request, can decide to maintain the amount of the subsistence minimum, proportional to the number of dependents, the expert explained.
There are exceptions
In some cases, the debtor cannot exercise the right to a benefit, said Plenary.
– If we talk about basic income (salary, income from the sale of real estate, old-age pension), then they are subject to restrictions related to the level of subsistence. But certain income has always been excluded from cancellations: for example, payments for damages caused to health, payments for the loss of a breadwinner. It is impossible to maintain a living wage with alimony obligations, the expert concluded.
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