How to get a copy of child support payments
Public Records Act Requests | CA Child Support Services
Guidelines for Access to Public Records
The Constitution of California (Art.I, sec.3) and the Public Records Act (Government Code sec. 6250 et seq.) provide a right to access public information in government records. These guidelines provide guidance to members of the public on how to access public records of the California Department of Child Support Services (Department).
Requesting Information About Your Case
Documents containing personal information about your case are confidential and are not public records. If you have a child support case managed by a local child support agency and seek information or documents on your own personal account, please contact the office as follows. You may send an email by logging into your personal Customer Connect account, you may call 1-866-901-3212 or you may make your request in person by visiting the local child support agency that manages your case. Office locations and contact information are available by clicking here.
Submitting or Making Public Record Requests
The primary recipient of public record requests within the Department is the Office of Legal Services. Written requests must be sent to the following mailing address:
California Department of Child Support Services Office of Legal Services P.O. Box 419064 Rancho Cordova, CA 95741
Requests for public records should be specific, focused and detailed so records can be identified, located, and retrieved sufficiently. Oral requests for public records may be confirmed in writing to clarify understanding of the request and to create a tracking record for the request. Please make sure you include contact information so that the Department can contact you about your request.
Search and Production of Records
Location or search of records will be conducted by appropriate divisions and units of the Department that are the holders of the requested records. If the search cannot be performed or completed immediately, the Department will notify the requester of the result of the search within the 10 days of receipt of the request if the records are readily accessible and they are not subject to specific exemptions from disclosure under the Department. Normal operational functions will not be suspended to permit inspection of records.
If portions of the requested records require redaction, the Department may take reasonable time to provide the redacted records.
Responses to Public Record Requests
The primary responsibility of responding to public record requests lies with the division of the Department that is holder of the requested record. Determinations on producing records or denying disclosure of portions or entire records will be made by management personnel of the specific division involved. The Department may refuse to disclose any records or portions of records which are exempt from disclosure under the Public Records Act. Claiming of specific statutory exemptions for redaction of information or denying disclosure of records will be communicated to the requester through the Office of Legal Services, in writing.
Charges for Copies
The Department will charge fees for copies covering direct cost of duplication or a statutory fee, if applicable. Copying fees are ten cents ($0.10) per page for each black and white page copies on paper. Direct cost of producing a copy of record on color copier or in an electronic format will be determined on a case-by-case basis depending on the nature of the record requested. Copies of records will be provided after the receipt of payment. A requester may pay for records using a money order, check or cash. If payment is made by check, records may be withheld until after the check has cleared through the Department’s bank account. The requester is responsible for arranging and paying for the pick-up or delivery of the copies.
Florida Dept. of Revenue - public_records
Members of the public are entitled to be treated with respect, courtesy, and professionalism when interacting with the Department of Revenue.
Public records requests do not have to be made in writing, unless a specific statute requires otherwise. In that case, the statute imposing such a requirement shall be cited.
All public records requests shall be acknowledged promptly and in good faith as required by Section 119.07(1)(b), Florida Statutes.
Fees for production of public record documents shall not exceed the statutorily authorized fees and the statutory authority for such fee shall be cited.
The public has the right to receive an itemized invoice of proposed fees or fees charged.
The right to access public records and meetings is secured under Sections 119.07(1) and 286.011, Florida Statutes and Article 1, Section 24, Florida Constitution.
How to Request Public Records
In an effort to assist you, the Department of Revenue has provided a few easy steps for you to consider when making your request.
1. Determine if what you are looking for is already available.
We are committed to making it easy for you to get the public information that we have, so we are always working to update and improve our web site. What you are looking for may be available right now. We invite you to visit our Home, Child Support, Property Tax, and other Florida Taxes web pages, or simply ask us your question.
2. Is the information you are looking for related to your own child support case or tax account? If so, contact the following:
Child support information - Call the Customer Contact Center at 850-488-KIDS (5437). Your case information is confidential. We will not talk about your case with anyone but you or someone you have authorized us in writing to talk to.
Property tax information - For information about your property value assessment contact your county property appraiser. For information about your property taxes, contact your county tax collector.
Florida tax account (except property) information - Call the Customer Contact Center at 850-488-6800. For copies of your own tax records , send a written request to:
Department of Revenue
Records Management Room 1-4364
5050 W. Tennessee St.
Tallahassee, FL 32399-0158
Written requests help us ensure your confidential information is protected. When submitting your request it should be on company letterhead and include: business Federal Employer Identification Number or owner's Social Security Number, physical location of your business, photo identification (for sole proprietor), records being requested (type of tax, dates, etc.), and the signature of the owner or a registered officer of the business.
3. Is the information you are requesting confidential?
The Department of Revenue maintains sensitive business and personal information for millions of people. Some of this information is exempt from disclosure under Florida's public records law. When responding to requests for confidential information, it is our policy to provide the information only when permitted by law.
Listed below is the most commonly requested confidential information for child support, property tax, other Florida taxes, and administrative and financial services.
Child Support - We cannot disclose:
- Information about applicants for or recipients of child support services and the children involved such as the address of residence
- Information gathered or used by the parent locator service
- Information in multi-subject documents that is unrelated to the public records requested
- Social security numbers and related records
- Federal taxpayer information
Property Tax - We cannot disclose:
- Ad valorem tax returns
- Financial records, including but not limited to federal income tax returns, wage and earnings statements, and sworn statements of gross income
- Social security numbers and related records
- Federal taxpayer information
Other Florida Taxes - We cannot disclose:
- Florida tax information related to specific taxpayers
Note: Some tax information can be disclosed, including: 1) statistical information that does not identify individual taxpayers and 2) verification of whether a specific person or business holds a valid registration, pursuant to Chapter 212, Florida Statutes (sales and use tax) and s. 206.27 (fuel tax). - Reemployment (formerly Unemployment) tax information regarding employers and employees
- Social security numbers and related records
- Federal taxpayer information
Administrative and Financial Services - We cannot disclose:
- Employees' medical and insurance records
- Certain employees' home addresses, date of birth, telephone numbers, and photos
- Procurement documents and bids before the vendor is chosen and the decision is posted
- Social security numbers and related records
4. How do I make a request for Public Records other than my own account?
Requests for records can be made in-person, by e-mail, by phone, or in writing. We will respond to your request promptly. Because e-mail sent over the Internet is not secure, please do not include your social security number or any other confidential information in an e-mail. Listed below is the contact information for each of our programs for requesting public records.
Child Support Records
Email:
Call:
Write:
[email protected]
850-488-KIDS (5437)
Child Support Program Director’s Office
P.O. Box 8030
Tallahassee, FL 32314
Property Tax Records
Email:
Call:
Write:
[email protected]
850-717-6570
Property Tax Oversight
Florida Department of Revenue
P.O. Box 3000
Tallahassee, FL 32315-3000
General Tax Records(excluding Property Tax)
Email:
Call:
Write:
taxpublicrecords@floridarevenue. com
850-488-6800
Department of Revenue
Records Management Room 1-4364
5050 W. Tennessee St.
Tallahassee, FL 32399-0158
Efax:
850-922-0861
NOTE: Do not request your own records through e-mail, rather call the numbers listed above. We must establish your identity (or that you are an authorized representative for the taxpayer) before we can discuss or release confidential information to you. To protect the confidentiality of taxpayer records, the requested records will be mailed to your address of record. Requests for confidential taxpayer records will not be responded to through e-mail and you may be required to provide written documentation before we can release the records to you.
Personnel Records
Email:
Call:
Write:
PersonnelPublicRecords@floridarevenue. com
850-617-8370
Department of Revenue
Office of Workforce Management
P.O. Box 10410
Tallahassee, FL 32302
Financial Records
Use to request contracts, procurements and budget records:
Email:
Call:
Write:
[email protected]
850-617-8430
Department of Revenue
Operational Accounting
P.O. Box 10669
Tallahassee, FL 32302
Revenue's Open Government Officer
Email:
Call:
Write:
Sarah Wachman Chisenhall
[email protected]
850-617-8347
Department of Revenue
Office of the General Counsel
P. O. Box 6668
Tallahassee, FL 32314-6668
5. I've made my request for public records, now what?
When we receive your public records request, we check to see if the Department of Revenue has the records requested, if the request includes confidential information, and if there will be a charge for responding.
Then we will promptly provide you with an accurate, clearly communicated response. This response may include the information requested or an explanation of when the information will be ready.
If part of the information you request is confidential and cannot be disclosed, we will provide you with redacted records. This means that confidential or exempt information in the records will be blacked out. If all, or part, of your request cannot be disclosed, we will provide you with an explanation and legal reference.
You will also receive an itemized invoice of proposed fees or fees charged. State law allows agencies to charge for filling requests that require extensive time and effort by staff (including time spent redacting confidential information) and a per-page charge of $0.15 for copies (Section 119.07(4), Florida Statutes).
The prosecutor explains - the Prosecutor's office of the Ulyanovsk region
Prosecutor explains
- April 28, 2020, 14:18
How is alimony collected by bailiffs?
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The requirements of executive documents for the recovery of alimony are subject to immediate execution and are satisfied in the first place (Article 211 of the Code of Civil Procedure of the Russian Federation). If you know the place of work of the debtor, then you have the right to present a writ of execution directly at the place of his work. To do this, you must write an application in duplicate, in which you must specify:
- details of the bank account where funds should be transferred, or the address to which funds should be transferred;
- last name, first name, patronymic, as well as passport data (series, number, by whom and when issued, subdivision code, registration address) of the claimant.
In addition, a copy of the writ of execution must be attached to the application. This package of documents can be sent by mail with acknowledgment of receipt or taken directly to the organization. When transferring the application and the original writ of execution, be sure to receive a mark on the second copy of the application containing information on the date of receipt of the application and writ of execution, the person who accepted the documents, and contact numbers by which you can find out the fate of your writ of execution.
Another way to enforce the requirements of a writ of execution is to submit a writ of execution to the territorial office of the Federal Bailiff Service to initiate enforcement proceedings.
By virtue of paragraph 4 of Art. 21 of the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings", enforcement documents for the collection of periodic payments can be presented for execution during the entire period for which the payments were awarded. In these cases, the terms for presenting such documents for execution are calculated for each payment separately.
According to art. 7 of the said Law, the procedure for collecting alimony and debt on maintenance obligations is determined by the RF IC. In accordance with Art. 113 of the RF IC, collection of alimony for the past period on the basis of an agreement on the payment of alimony or on the basis of a writ of execution is carried out within a three-year period preceding the presentation of a writ of execution or a notarized agreement on the payment of alimony for collection; the amount of debt is determined by the bailiff on the basis of the amount of alimony determined by a court decision or an agreement on the payment of alimony.
Thus, the enforcement of the decision to collect periodic payments, which include alimony, is the right of the applicant, not limited to a three-year period. It can be implemented in any period of time for which periodic payments are awarded (Determination of the Supreme Court of the Russian Federation of December 1, 2009 N 49-Г09-45).
When collecting alimony for minor children, enforcement documents may be presented for execution before the child reaches the age of 18, and also within three years after this date in case of debt (clause 4, article 21 of Law N 229-FZ; paragraph 2 of Art. 120 SC).
To present the list to bailiffs, it is also necessary to prepare two copies of the relevant application, a copy of the writ of execution (remains with you, since you give the original to the bailiffs), as well as the most complete information about the debtor that you have.
In accordance with paragraph 10 of Art. 30 of Law N 229-FZ, if an executive document is subject to execution, then after it enters the bailiff unit, it is immediately transferred to the bailiff, whose powers extend to the territory where the execution is to be carried out, and in his absence, to another bailiff .
The bailiff must make a decision to initiate enforcement proceedings or to refuse to initiate enforcement proceedings within one day from the date of receipt of the executive document by the bailiff unit. A copy of the decision of the bailiff-executor to initiate enforcement proceedings no later than the day following the day of issuance of the said decision shall be sent to the recoverer, debtor, as well as to the court, other body or official that issued the executive document.
Let's look at what a bailiff should do and what arsenal of means he can use to enforce a court order to recover alimony.
In accordance with the requirements of art. 30 of Law N 229-FZ, the bailiff, upon receipt of the writ of execution, must initiate enforcement proceedings to recover alimony from your ex-husband. If his place of residence is known, call him for a conversation. In addition, in order to obtain information about the debtor's property and income, the bailiff may send the necessary requests to establish the financial and property status of the debtor. For example, such requests can be sent to the traffic police, bodies that carry out state registration of rights to real estate, tax authorities, the central address and reference bureau of the Main Department of Internal Affairs, and other departments. If the debtor hides his place of work, information about him can be obtained from the regional office of the Pension Fund of the Russian Federation, which maintains a personalized record of all officially registered employees.
Also, the bailiff performs exit at the place of residence of the debtor. If the debtor has property, this property is seized. Seizure is imposed:
- on property for an amount not exceeding the amount of debt on alimony;
- the debtor's funds in rubles and foreign currency and other valuables, including those held in banks and other credit organizations (Article 80 of Law No. 229-FZ).
If there is no information about the location of the debtor in enforcement proceedings for the recovery of alimony, then in this case, in accordance with Art. 65 Law N 229-FZ, the bailiff-executor without fail, on his own initiative or at the request of the recoverer, issues a decision on the search for the debtor, which is approved by the senior bailiff.
A search may be announced:
- at the place of execution of the enforcement document;
- the debtor's last place of residence;
- the location of his property;
- the place of residence of the claimant.
The search for a person obliged to pay alimony is carried out by the internal affairs bodies. To conduct search activities, as a rule, the bailiff within three days from the date of the decision sends the following official documents to the internal affairs bodies at the place of registration of the recoverer:
- decision to search for the debtor and his property;
- a certified copy of the executive document;
- certified copies of responses to inquiries;
- a certified copy of the act of impossibility of collection;
- a certified copy of the resolution on the calculation of debts for alimony;
- claimant's application to search for the debtor and his property.
We also draw your attention to the fact that, in accordance with Art. 67 of Law N 229-FZ, if the debtor did not fulfill the requirement contained in the executive document within the prescribed period without good reason, then the bailiff may issue a decision to temporarily restrict him from leaving the Russian Federation. The bailiff makes such a decision on his own initiative or on the initiative of the recoverer. It is approved by the senior bailiff, copies are sent to the debtor and to the territorial body of the federal executive power authorized to exercise the functions of control and supervision in the field of migration and to the border authorities. Therefore, immediately apply with an application for a temporary restriction on the debtor's departure from the Russian Federation.
The practice of recovery of alimony shows that a large number of such cases in the production of bailiffs sometimes interferes with the proper measure and volume of fulfilling all the recovery measures provided for by law. Therefore, we recommend that you take control of the recovery process.
If the debtor interferes with the lawful activities of the bailiff when performing enforcement actions, for example, does not provide information about the place of work, place of his actual residence, or other actions (inaction), the bailiff in accordance with Art. Art. 17.8, 19.7 of the Code of Administrative Offenses of the Russian Federation draws up a protocol on an administrative offense and sends it to the court for a decision on the imposition of an administrative fine. But the measures of administrative responsibility do not exhaust the arsenal of influencing a malicious non-payer of alimony. If the debtor avoids paying alimony for a long time, it will be possible to write an application to initiate a criminal case against your ex-spouse under Art. 157 of the Criminal Code of the Russian Federation, since the current legislation provides for liability up to criminal liability for non-payment of alimony. As practice shows, at present, debtors are increasingly being held criminally liable for malicious evasion from paying alimony.
By virtue of paragraph 2 of Art. 10 of the Law of July 21, 1997 N 118-FZ "On bailiffs", a senior bailiff is obliged to organize and control the work of the unit he leads and be responsible for the performance of tasks assigned to bailiffs.
Thus, in case of violation of the deadlines for the execution of a writ of execution transferred to the bailiff service, the interested person has the right to file an application with the court at the same time against the bailiff who is in charge of this case, and the senior bailiff, who must control the execution of the tasks assigned to a particular task division.
Protection of the family, motherhood, paternity and childhood
How is alimony collected by bailiffs?
The requirements of executive documents for the recovery of alimony are subject to immediate execution and are satisfied in the first place (Article 211 of the Code of Civil Procedure of the Russian Federation). If you know the place of work of the debtor, then you have the right to present a writ of execution directly at the place of his work. To do this, you must write an application in duplicate, in which you must specify:
- details of the bank account where funds should be transferred, or the address to which funds should be transferred;
- last name, first name, patronymic, as well as passport data (series, number, by whom and when issued, subdivision code, registration address) of the claimant.
In addition, a copy of the writ of execution must be attached to the application. This package of documents can be sent by mail with acknowledgment of receipt or taken directly to the organization. When transferring the application and the original writ of execution, be sure to receive a mark on the second copy of the application containing information on the date of receipt of the application and writ of execution, the person who accepted the documents, and contact numbers by which you can find out the fate of your writ of execution.
Another way to enforce the requirements of a writ of execution is to submit a writ of execution to the territorial office of the Federal Bailiff Service to initiate enforcement proceedings.
By virtue of paragraph 4 of Art. 21 of the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings", enforcement documents for the collection of periodic payments can be presented for execution during the entire period for which the payments were awarded. In these cases, the terms for presenting such documents for execution are calculated for each payment separately.
According to art. 7 of the said Law, the procedure for collecting alimony and debt on maintenance obligations is determined by the RF IC. In accordance with Art. 113 of the RF IC, collection of alimony for the past period on the basis of an agreement on the payment of alimony or on the basis of a writ of execution is carried out within a three-year period preceding the presentation of a writ of execution or a notarized agreement on the payment of alimony for collection; the amount of debt is determined by the bailiff on the basis of the amount of alimony determined by a court decision or an agreement on the payment of alimony.
Thus, the enforcement of the decision to collect periodic payments, which include alimony, is the right of the applicant, not limited to a three-year period. It can be implemented in any period of time for which periodic payments are awarded (Determination of the Supreme Court of the Russian Federation of December 1, 2009 N 49-Г09-45).
When collecting alimony for minor children, enforcement documents may be presented for execution before the child reaches the age of 18, and also within three years after this date in case of debt (clause 4, article 21 of Law N 229-FZ; paragraph 2 of Art. 120 SC).
To present the list to bailiffs, it is also necessary to prepare two copies of the relevant application, a copy of the writ of execution (remains with you, since you give the original to the bailiffs), as well as the most complete information about the debtor that you have.
In accordance with paragraph 10 of Art. 30 of Law N 229-FZ, if an executive document is subject to execution, then after it enters the bailiff unit, it is immediately transferred to the bailiff, whose powers extend to the territory where the execution is to be carried out, and in his absence, to another bailiff .
The bailiff must make a decision to initiate enforcement proceedings or to refuse to initiate enforcement proceedings within one day from the date of receipt of the executive document by the bailiff unit. A copy of the decision of the bailiff-executor to initiate enforcement proceedings no later than the day following the day of issuance of the said decision shall be sent to the recoverer, debtor, as well as to the court, other body or official that issued the executive document.
Let's look at what a bailiff should do and what arsenal of means he can use to enforce a court order to recover alimony.
In accordance with the requirements of art. 30 of Law N 229-FZ, the bailiff, upon receipt of the writ of execution, must initiate enforcement proceedings to recover alimony from your ex-husband. If his place of residence is known, call him for a conversation. In addition, in order to obtain information about the debtor's property and income, the bailiff may send the necessary requests to establish the financial and property status of the debtor. For example, such requests can be sent to the traffic police, bodies that carry out state registration of rights to real estate, tax authorities, the central address and reference bureau of the Main Department of Internal Affairs, and other departments. If the debtor hides his place of work, information about him can be obtained from the regional office of the Pension Fund of the Russian Federation, which maintains a personalized record of all officially registered employees.
Also, the bailiff performs exit at the place of residence of the debtor. If the debtor has property, this property is seized. Seizure is imposed:
- on property for an amount not exceeding the amount of debt on alimony;
- the debtor's funds in rubles and foreign currency and other valuables, including those held in banks and other credit organizations (Article 80 of Law No. 229-FZ).
If there is no information about the location of the debtor in enforcement proceedings for the recovery of alimony, then in this case, in accordance with Art. 65 Law N 229-FZ, the bailiff-executor without fail, on his own initiative or at the request of the recoverer, issues a decision on the search for the debtor, which is approved by the senior bailiff.
A search may be announced:
- at the place of execution of the enforcement document;
- the debtor's last place of residence;
- the location of his property;
- the place of residence of the claimant.
The search for a person obliged to pay alimony is carried out by the internal affairs bodies. To conduct search activities, as a rule, the bailiff within three days from the date of the decision sends the following official documents to the internal affairs bodies at the place of registration of the recoverer:
- decision to search for the debtor and his property;
- a certified copy of the executive document;
- certified copies of responses to inquiries;
- a certified copy of the act of impossibility of collection;
- a certified copy of the resolution on the calculation of debts for alimony;
- claimant's application to search for the debtor and his property.
We also draw your attention to the fact that, in accordance with Art. 67 of Law N 229-FZ, if the debtor did not fulfill the requirement contained in the executive document within the prescribed period without good reason, then the bailiff may issue a decision to temporarily restrict him from leaving the Russian Federation. The bailiff makes such a decision on his own initiative or on the initiative of the recoverer. It is approved by the senior bailiff, copies are sent to the debtor and to the territorial body of the federal executive power authorized to exercise the functions of control and supervision in the field of migration and to the border authorities. Therefore, immediately apply with an application for a temporary restriction on the debtor's departure from the Russian Federation.
The practice of recovery of alimony shows that a large number of such cases in the production of bailiffs sometimes interferes with the proper measure and volume of fulfilling all the recovery measures provided for by law. Therefore, we recommend that you take control of the recovery process.
If the debtor interferes with the lawful activities of the bailiff when performing enforcement actions, for example, does not provide information about the place of work, place of his actual residence, or other actions (inaction), the bailiff in accordance with Art. Art. 17.8, 19.7 of the Code of Administrative Offenses of the Russian Federation draws up a protocol on an administrative offense and sends it to the court for a decision on the imposition of an administrative fine. But the measures of administrative responsibility do not exhaust the arsenal of influencing a malicious non-payer of alimony. If the debtor avoids paying alimony for a long time, it will be possible to write an application to initiate a criminal case against your ex-spouse under Art. 157 of the Criminal Code of the Russian Federation, since the current legislation provides for liability up to criminal liability for non-payment of alimony. As practice shows, at present, debtors are increasingly being held criminally liable for malicious evasion from paying alimony.
By virtue of paragraph 2 of Art. 10 of the Law of July 21, 1997 N 118-FZ "On bailiffs", a senior bailiff is obliged to organize and control the work of the unit he leads and be responsible for the performance of tasks assigned to bailiffs.
Thus, in case of violation of the deadlines for the execution of a writ of execution transferred to the bailiff service, the interested person has the right to file an application with the court at the same time against the bailiff who is in charge of this case, and the senior bailiff, who must control the execution of the tasks assigned to a particular task division.
Protection of the family, motherhood, fatherhood and childhood
Where is the writ of execution for the recovery of alimony? - Lawyer in Samara and Moscow - representation in court and legal services
Lawyer Antonov A. P.
After receiving a writ of execution for the recovery of alimony, it can be presented to the bailiff service or sent to the debtor's place of work. A writ of execution may be presented during the entire period for which the alimony was awarded, as well as within three years after the expiration of this period.
General provisions on the writ of execution for the recovery of alimony and its presentation for execution
If parents do not provide maintenance for their minor children, the funds for their maintenance are recovered from the parents in a judicial proceeding. A similar provision applies to other family members who are obliged to support each other. The writ of execution issued at the same time by the court is one of the types of writ of execution giving the right to collect alimony from the debtor (clauses 1, 2 of article 80, clause 2 of article 87, clause 2 of article 89, Art. Art. 93 - 97 RF IC; p. 1 h. 1 art. 12 of the Law of 02.10.2007 N 229-FZ).
Immediately after the decision of the court on the recovery of alimony, the writ of execution is handed over to the claimant at his request or sent directly by the court for execution to the appropriate division of bailiffs (Article 211, Part 1 of Article 428 of the Code of Civil Procedure of the Russian Federation; clause 9. 3.2 , 9.3.3, 9.3.8 of the Instruction approved by the Order of the Judicial Department at the Supreme Court of the Russian Federation of 04.29.2003 N 36).
Having received a writ of execution, the recoverer may present it to the bailiff service, employer or other person paying the debtor periodic payments (for example, wages, pensions, stipends) to withhold alimony (parts 1, 2, article 5, part 1 Article 9, part 1, art. 12 of Law N 229-FZ).
Please note! The writ of execution may be presented for execution during the entire period for which the alimony was awarded (when collecting alimony for minor children - until the child reaches the age of 18), as well as within three years after the end of this period (part 4 of article 21 Law N 229-FZ).
Presentation of a writ of execution to the bailiff service
The recoverer may present a writ of execution together with an application for initiation of enforcement proceedings to the bailiff service at the place of residence of the citizen-debtor, his place of residence or the location of his property. In the absence of information about the whereabouts of the debtor, his property, the writ of execution and the application may be presented at the last known place of residence or place of stay of the debtor or at the place of residence of the recoverer until the location of the debtor, his property is established. If the recoverer does not know to which division of bailiffs it is necessary to present the writ of execution, he can present it with a statement to the chief bailiff of the constituent entity of the Russian Federation, who will send the documents to the desired division (parts 1, 3, 4 of article 30, parts 1, 4 Article 33 of Law N 229-FZ).
If the application is made by the representative of the claimant, then the application must be accompanied by a power of attorney or other document certifying his authority (part 2 of article 30 of Law N 229-FZ).
The decision to initiate enforcement proceedings (or to refuse such initiation) the bailiff takes within one day from the date of receipt of the writ of execution for the recovery of alimony in the bailiff unit. A copy of the decision to initiate enforcement proceedings, including in the form of an electronic document, no later than the day following the day of its issuance, is sent to the recoverer, debtor, as well as to the court that issued the writ of execution (Article 211 of the Code of Civil Procedure of the Russian Federation; parts 10, 17 Article 30 of Law N 229-FZ).
Presentation of a writ of execution at the place of payment to the debtor of periodic payments
The recoverer has the right to send a writ of execution to an organization or other person paying the debtor wages, pensions, stipends and other periodic payments, to withhold alimony (Article 109 of the RF IC; Part 1 of Art. 9 of Law N 229-FZ).
The writ of execution is presented together with the application, which indicates:
details of the bank account to which the funds should be transferred, or the address to which the funds should be transferred;
Full name, details of the identity document of the claimant.
If a writ of execution and an application are presented by a representative of the recoverer, a power of attorney or other document certifying his authority will also be required (parts 2, 3 of article 9 of Law N 229-FZ).
Persons paying the debtor wages (other periodic payments), from the date of receipt of the writ of execution, are obliged to withhold alimony from the wages (other income) of the debtor and within three days pay or transfer them to the exactor at the expense of the debtor. At the same time, when transferring funds by persons paying wages (other income) to the debtor's account in a bank or other credit institution, the settlement document indicates the amount recovered under the writ of execution.
The maximum amount of deduction by the specified persons from the salary (other income) of the debtor when collecting alimony for minor children cannot exceed 70% (Article 109 of the RF IC; part 3 of article 98, part 3 of article 99 of Law N 229-FZ ).
In case of doubt about the correctness of the deduction and transfer by the person paying the debtor wages (other periodic payments), funds, the recoverer can apply to the bailiff service with an application for an appropriate audit (clause 16, part 1, article 64 of Law N 229-FZ; paragraph 1 of Art.