What Happens If A Pensioner Is In Debt?

by Roy Rudd

Banks are wary of retired borrowers, as their income often does not meet the requirements for solvency. As a result, arrears arise, fines are charged. Bankers have to go to court to obtain an order for a enforced recovery, and now the task of the bailiff is to ensure the implementation of the court order.

 

Pensioner owed loans

Pensioner owed loans

When organizing a forced recovery from the income of retirees, they are guided by the norms of federal legislation – Article 99 of Law No. 229-ФЗ and Article 138 of the LC RF. According to the laws, according to the writ of execution, an FSSP employee is entitled to withhold up to half the income of citizens. Since for elderly people the only cash income is often only a pension, they will repay the debt to the credit institution from the PFR deductions.

The limit of 50% deduction can be exceeded only in the event of debt collection for alimony payments in favor of children, or in case of compensation for harm to health, on the occasion of loss of the breadwinner or for damage caused by the criminal actions of the debtor. In the above cases, the pension is reduced to 30%, and the rest goes to pay off the debt.

If there are several court decisions on enforced collection, according to Article 111 of Law No. 229-FZ, some sequence is set up in the prioritization at maturity:

  1. Debt for alimony payments, in case of damages, including compensation for non-pecuniary damage, are repaid in line 1.
  2. Funds recovered as part of the payment of severance pay and earnings of employees hired under the contract, money for remuneration to the authors of the intellectual product, shall be reimbursed following the list.
  3. This is followed by payments overdue as part of mandatory contributions to the state and extra-budgetary fund.
  4. The latter are satisfied with other financial claims of citizens and organizations.

 

What if the pensioner is in debt?

pensioner is in debt?

Thus, the lender’s financial claims are satisfied only when the debt to minors, hired personnel, and the state has been paid. At the same time, there is no provision for partial fulfillment of the requirements of different priority. Payments occurring sequentially. Only if there are financial claims of a single turn, the income of the pensioner is distributed in proportion to the amounts of debt that are stated in the executive documents (see paragraphs 2.3 of Art. 111 of the law on enforcement proceedings).

Faced with the impossibility of fulfilling credit obligations and a court decision on the compulsory collection of credit debt, the pensioner is advised to contact the bailiff who initiated the enforcement proceedings and agree on the collection procedure in order to avoid misunderstandings about blocking accounts and cards for which social contributions are paid.

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