On July 7, the State Duma adopted the draft law "On the specifics of the execution of judicial acts, acts of other bodies and officials, as well as the return of overdue debts during the spread of a new coronavirus infection" in the third reading and sent it to the Federation Council. This bill provides for an installment plan for debt collection in enforcement proceedings for businesses and citizens.
Who can get an installment plan:
- Legal entities and individual entrepreneurs that are small and medium-sized businesses and operate in the industries most affected by the coronavirus;
- Citizens who receive an old-age pension / disability pension / survivor's pension in the amount of less than 2 minimum wages and do not have other sources of income and real estate (except for the only dwelling suitable for permanent residence)
What is the installment plan:
1) Citizens-retirees can receive a one-time installment plan for no more than 2 years under loan agreements within 1 million rubles.
2) Legal entities and individual entrepreneurs can receive an installment plan until August 1, 2021 to collect debts for taxes, fees, insurance premiums or loan agreements, if the amount of debt does not exceed 15 million rubles.
The installment plan is provided once on the terms of the phased repayment of the debt in the form of monthly payments in equal shares for the installment period from the beginning of the calendar month following the month in which the decision on its provision was made.
If the debtor has violated the debt repayment schedule, the installment plan is canceled and the enforcement proceedings are carried out in accordance with the general procedure.
During the term of the installment plan, the debtor does not have the right to make surety transactions, issue guarantees, alienate or encumber his property, and debtors-legal entities also have no right to pay dividends or other payments on securities, distribute profits.
Compulsory enforcement measures are not applied to debtors during the term of the installment plan, except for the seizure of property. Inspection of movable property located at the debtor's place of residence, seizure of property, as well as seizure and transfer of property, with the exception of vehicles, are not applied to debtors-citizens until December 31, 2020.
How to get an installment plan
- The installment plan can be obtained only for executive documents presented for compulsory execution before October 1, 2020.
- The installment plan is provided in a simplified manner on the basis of an application with the attachment of a debt repayment schedule to the bailiff.
- The installment plan is not provided in a simplified manner without going to court, another body or to the official who issued the executive document, according to the requirements:
- for compensation for harm caused to health;
- on compensation for harm in connection with the death of the breadwinner;
- on compensation for moral damage;
- for the payment of severance pay;
- on remuneration of persons working (worked) under an employment contract;
- for the payment of remuneration to the authors of the results of intellectual activity