The growing debt for communal services is the scourge of our time, and they have been trying to solve this problem for a long time and in various ways.
The courts were inundated with a pile of cases to recover overdue payments for housing and communal services. So, officials and legislators decided, it’s time to use more operational and effective mechanisms to extort money.
A NOTARY WILL HELP CREDITORS
Soon, debtors will probably have to experience a new way of interacting with bailiffs. Those who owe money will be “attacked” out of court using the executive inscription of notaries. A bill on this topic will be considered in the State Duma in the near future. And, as experts say, it is likely to be accepted quickly.
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An executive inscription is a special notary mark on a document. The inscription gives the creditor the right to forcibly recover money or property from the debtor, who evaded repayment of the debt, without going to court.
Of course, all this is done primarily in the interests of creditors – the same housing management companies (CC). And, of course, in the interests of the judicial system (notaries do not belong to it), which will sigh with great and poorly concealed relief, because millions of cases of millions of municipal defaulters sometimes almost paralyze the work of the courts of the Russian Federation.
So a creditor with a notarized executive inscription on his hands will soon be able to immediately go to the bailiffs, bypassing long proceedings in the courts themselves.
RECOVERY IS A DIFFICULT PROCESS
Another thing is that our beloved bailiffs (not collectors!) they are also not omnipotent: if a person leads an antisocial lifestyle, is unemployed or bankrupt, well, at least ring his doorbell, even if you glue threatening decrees on it three times a day, it will still be useless!
Even if the debtor opens the door, it is far from a fact that it will be possible to take money or property from him. And it is forbidden to forcibly sell the only housing in our country in any case, so as not to breed an already huge number of homeless people in the country. It is possible to relocate families and individual citizens to cheaper housing for debts on housing and communal services, which, of course, with the same notarial inscription will be much easier, which means that the country can expect an increasing wave of such relocations.
IT’S IMPORTANT TO KNOW!
The notary will use the executive inscription to collect debts if the debtor is indicated in the data of the Unified State Register of Real Estate (USRN) as the owner or user of the apartment for which the debt arose. Notaries will be able to obtain the necessary information about debtors from state information systems.
HOW TO PROTECT CITIZENS FROM NOTARY ERRORS?
Interestingly, before notifying the debtor of the received demand to repay debts and before making an executive inscription, the notary is obliged to request the necessary information from the Unified State Register of Legal Entities. The goal is to eliminate the possibility of recovery from a citizen who is not responsible for this debt.
Legislators also want to introduce such a norm: a citizen can appeal against the debt indicated in the executive inscription in court. It will be possible to do this within three months from the day when he learned or should have learned about the execution of the executive inscription. If there is a valid reason, the missed deadline can be restored by the court.
That is, the point is that you can not give all the power in this important and delicate money issue to the “sweet couple” notary – creditor. Otherwise, they will impose such a thing on us with the help of only an executive inscription that we will be left not only without apartments, but also without pants.
In any case, we need a safety net from the judiciary, and this, of course, is very important.
Housing and communal services market expert, Doctor of Law Marina Sladkova: “The future implementation of the notary’s executive inscription mechanism in theory should become an effective tool for dealing with overdue debts of citizens for housing and communal services. Time will tell what will happen in practice, the law can always be adjusted. Another question is, if it turns out to reduce the costs of management companies while facilitating debt collection, will they meet citizens halfway in terms of reducing, at least a little, payments for their services? I think it’s unlikely – greed and stupidity in these matters have not been canceled yet.”
Evgeny Alexandrov
Photo: LEGION-MEDIA
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