Judicial practice: Court decision on joint and several collection of debt for payment for water supply and sanitation services No. 2-1858/2017 ~ M-1764/2017

Debt collection for housing and communal services

In 2020, the Housing Code of the Russian Federation was supplemented with amendments regarding the requirements for payment of debts for housing and communal services. The utility service provider has the right to apply to the court for an order to collect the debt

. In some Russian regions this practice has been in effect for a long time, in others it began to be actively used when legislative amendments came into force.

A court order is issued by a single judge on the basis of an application for debt collection. Its peculiarity is that the debtor may not be aware that the utility service provider is going to court.

This fact will become known to him only upon receipt of an order issued against him or forced debiting of funds from his bank account to pay off the debt.

Housing and communal services companies have the right to go to court to issue a court order in 2020, subject to two conditions:

The amount of debt does not exceed 500 thousand rubles.
The debt period is at least 3 months.

You can avoid this turn of events if you pay your rent on time. If the order has already been issued, it is possible to cancel its entry into force.

How to get rid of joint and several liability?

Obviously, few people want to pay another person’s debts, especially if we are not talking about a relative, but an ordinary neighbor . In this case, how to avoid joint liability for utilities?

Often, residents not only have no family ties, they have separate budgets, but only receive one receipt for utility bills. Usually they pay a receipt in proportion to the space they occupy and the resource they consume by verbal agreement. This is not entirely correct from a legal point of view.

At any moment, relations with neighbors can deteriorate, which can lead to financial disputes over payment of utilities. In addition to the amount of debt for utilities, residents will be required to pay late fees in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

Also, management companies may suspend the provision of services or completely disable many resources. Sometimes it even comes to eviction of tenants from the apartment.

Persons to whom joint liability may be applied have the following rights:

Exemption from debt payment only if it is fully repaid by other owners.
The right of recourse to collect payment of debt from another tenant.
Payment of expenses in accordance with the square meters occupied.
Allocation of the share of each owner.
Preemptive right to acquire the defaulter's share by other owners.

There is no need to pay other people's debts if this can be avoided legally.

Possible solutions to the problem

The easiest way to solve this reproduction is peacefully, by agreeing with other residents on the division of personal accounts and payment of debts in proportion to the area of residence. This agreement should not be oral, it should be documented by the management company, and best of all, notarized.

However, it is not always possible to solve this problem peacefully. If it is impossible to reach a compromise, you need to go to court. Courts consider cases of separation of personal accounts. The decision will record the division, and liability from the moment it enters into legal force will not be joint and several, but personal.

Possible ways to solve the problem can be outlined as follows:

Payment of all debts and filing a claim in court by way of recourse. This should be done only when there is confidence that something can be recovered from the real debtor. If there is no such confidence, it is better not to take risks. You will have to wait a very long time for a refund in the future.
Notarized division of personal accounts in court or peacefully.

The possibility of separating accounts is regulated by clause 30 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009.

For tenants under a social tenancy agreement, the division of accounts will lead to the termination of the old agreement and the conclusion of a new one with each tenant of the premises.

Cancellation of a court order

Debts for housing and communal services are collected from debtors through writ proceedings . These are unconditional debts that do not need to be proven. Housing and communal services companies usually bring batches of applications to the court to issue court orders against debtors.

After receiving an application without summoning persons to a court hearing, the judge independently issues an order and transfers it to the bailiffs for collection.

If it is not possible to collect the debt from the owner of the premises, a court order is issued on joint and several liability for housing and communal services. More precisely, these are several orders regarding the attitude of all residents of a given premises.

After issuance, a copy of the court order will be sent to the apartment residents for review and the possibility of its cancellation . Residents have the right to cancel a court order if they do not agree with its contents.

To cancel the order, residents need to submit an application to the court to cancel the order, on the basis of which the court will be obliged to cancel the document. After the court order for the collection of utility debts is canceled, the housing and communal services company will file a claim in court on the same subject of the dispute.

When it comes to a lawsuit, the parties will participate in a court hearing, where they will have the right to defend and prove their position.

You can cancel a court order even after the deadline for appealing it has expired. To do this, you will additionally need to write an application to restore the missed deadline for appealing the document. Samples of such statements are always on stands in court buildings.

Grounds for challenge

Before challenging a court order for utility debts, it is necessary to determine whether there is a legal basis for its cancellation.

The debtor must carefully study the contents of the document and check for its compliance with the actual circumstances of the case.

The law establishes several grounds for canceling a court order for utility debts:

the amount collected does not correspond to the actual amount of the debt;
the debtor is not notified in a timely manner about the implementation of the judicial investigation;
the order does not fall under the requirements specified in Art. 214 Code of Civil Procedure of the Russian Federation;
The statute of limitations for debt collection has expired.

If at least one of these grounds is discovered during the study of the order, the citizen has the right to challenge the procedure for collecting housing and communal services debt.

To do this, you need to familiarize yourself with the procedure for appealing and canceling a court order on utility bills, the rules for filing an application, the deadline for filing it and further actions.

Grounds for appealing a court order to collect housing and communal services debts

Above in the article we talked about why such an order is unpleasant - that it becomes known about it when it has already been signed. There is no reason to notify the debtor that the housing and communal services company has filed a lawsuit. But there is still an opportunity to fight for the cancellation of the decision to repay the debt for housing and communal services. True, the time frame for such actions is extremely limited - only 10 working days. Let's consider the reasons and grounds for appeal:

One of the main reasons is the citizen’s disagreement with the specified amount of the debt, or the accrual of penalties and other fines on it. If the amounts in the order do not correspond to your calculations, challenge the decision of the judicial authority. For this purpose, prepare all documents on payments made and your own calculations for presentation to the court.

It is important to know! Keep documents confirming payment. These documents are proof of your payment for the services consumed.

Another reason for appealing is the statute of limitations. Remember that the statute of limitations has not been waived. The period of 3 years is fixed in Article 196 of the Civil Code of the Russian Federation.

Violations in filling out the order form. In Article 124 of the Code of Civil Procedure of the Russian Federation, a court order has its own form. When an order appears in your hands, the completed form of which differs from the description in the law, there is an opportunity and every right to challenge it.

Legislation

The obligation to pay for utilities, methods, terms, rules and procedure for its execution are determined by the norms of the Housing Code of the Russian Federation.

Article 153 establishes the obligation of tenants to pay rent for their accommodation. Article 156 provides for the amount of utility bills.

New provisions for debt collection for housing and communal services companies were introduced by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 62 dated December 29, 2016. They touched upon the simplification of the procedure for collecting debt from homeowners: by court order.

Cancellation of a court order for utility payments

Having found a legal basis for canceling the received deed, the debtor should study how to cancel a court order for utility payments. The procedure is carried out upon application.

Certain rules and requirements are established for its registration. The completed application must be submitted to the court that issued the order for utility debts.

The period for challenging a court order is 10 days. The beginning of its course is the date of notification of the debtor about collection

. It is important to submit your application within this period.

If a citizen did not manage to submit an application within the prescribed period for a good reason, the court will be able to extend it. The validity of the reason must have evidence.

Application form and sample

The likelihood of the court order being canceled depends on the correct execution of the application. It is important to note that it cannot refer to the disputing parties as plaintiff and defendant.
.
The use of these terms in simplified legal proceedings does not comply with the norms of the Code of Civil Procedure of the Russian Federation
. As a result, the document may be returned without consideration.

The “Debtor” acts as a defendant in writ proceedings. Instead of the plaintiff (housing and communal services company), the “Collector” is indicated.

The applicant must provide the following information on the form:

The date the order was issued.
Full name of the judge who issued the act.
Court precinct number.
The locality in which the court is located.
Type of debt collection – for housing and communal services.
Claimant's name.
Full name of the debtor.
The amount of recovery specified in the judicial act.
Grounds for canceling the order (reason for disagreement).
Compiler's signature.

Each application detail must be written in the appropriate place on the form.

The text is divided into three sections:

Document header. This part contains the name and coordinates of the judicial authority, as well as information about the parties to the dispute: the claimant and the debtor.
Main part. The details of the judicial act and its content are reflected here
. The amount of debt to be recovered must be indicated, broken down by composition: main debt for housing and communal services, penalties, etc.
Next, you should describe in detail the essence of the disagreements that have arisen and the reasons for disagreement with the order. In their presentation, it is necessary to rely on the grounds for challenging the document: the time of existence of the debt, its indicated amount and the actual size.
Final part. Contains the applicant's request to cancel the court order, a list of attachments, and the personal signature of the originator.

Can they refuse to cancel a court order?

As a rule, debtors' requests to cancel the order are granted. Failures usually only occur in the following cases:

The debtor missed the established 10-day deadline for filing the application without good reason.
The document in which the citizen declares disagreement with the claims of the claimant is drawn up incorrectly (for example, the necessary details are missing).

You can appeal the decision of the magistrate to a higher authority. To do this you will have to file a cassation appeal. It is worth noting here that we are talking specifically about a cassation complaint, and not about an appeal. The corresponding explanations are given in the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 62 of December 27, 2016.

Terms of consideration

In the procedure for challenging an order, it is important to have documentary evidence of receipt of the application for its cancellation in the court office (a mark on the copy of acceptance) or postal mail (receipt and list of attachments). In this case, the likely date for consideration of the application will be known.

There is currently no clear regulation of the timing of consideration of applications to cancel court orders for utility debts.

Judicial practice shows that they are usually considered as quickly as possible. As a rule, it is 10 days.

Required Documentation

The list of important certificates and papers must include:

Application with a claim to a judicial institution.
An extract from the debtor's personal account.
Documents confirming that the resources were delivered to his apartment on time and were of adequate quality.
A document with the calculated amount of debt.
Certificates confirming the fact of non-payment.
Bank details of the energy supplier.
Letters of claim, notices and other evidence.
Receipt for payment of state duty.

This is important to know: Sample application to bailiffs for acceptance of a writ of execution

Further actions

To the debtor’s application, the judge can give either a positive answer (cancel the order) or a negative decision (refuse to cancel). The result largely depends on the specified grounds for challenging the document and the correctness of the drafting

. In case of refusal, the judge explains to the claimant his right to challenge it in a lawsuit.

When enforcement proceedings under the order have already begun (for example, funds have been written off from the card), it is advisable for the debtor to take the decision made to cancel the document and hand over a copy of it to the bailiffs.

Certain circumstances influence the development of events in the future. If the amount of rent arrears is not disputed by the debtor, it should be closed as quickly as possible. Otherwise, interest may be charged on legal costs while challenging the order.

A judicial act with a positive decision should be kept for several years - at least three, which constitutes the statute of limitations.

Cancellation of a court order

So, the court order has been issued and the judge is obliged to send a copy of the court order to the debtor, who, within ten days from the date of receipt of the order, has the right to submit objections regarding its execution (Article 128 of the Civil Procedure Code)

In turn, if the debtor receives objections within a 10-day period, then the judge is obliged to cancel the court order (Article 129 of the Civil Procedure Code)

The article will be useful: Is the extract from the FSIS USRN official?

Video about a court order to collect utility bills

You can challenge a court order regarding public services in the same way as any other similar judicial act - the procedure is the same. Challenging is carried out by filing a written objection to the execution of the order, which is the reason for its cancellation. Some nuances are associated with the grounds and circumstances of obtaining this court decision in connection with utility debts.

How to find out the amount of debt for utilities?

You can find the total amount of debt in the payment document that the management company sends to the payer monthly.

This is important to know: Dismissal due to loss of trust under an article of the Labor Code

If the tenant, for various reasons, has not received a receipt, then you can find out about the debt in the following ways:

By visiting the office of the management company in person, on the website, entering your personal account number or address.
By visiting a branch of an energy supplier.
Through online banking.
Register on the State Services portal, in your personal account select the “Payment for housing and communal services” item.

On the procedure for ordering debt collection for utility bills

Since 2020, obtaining a court order to collect debts for housing and communal services has become widespread. Utility workers saw this as an effective opportunity to pay off the huge debts of the population, despite the fact that the debt is not always indisputable.

The main advantage of the order is the speed of obtaining a court decision, which is also an executive document, and therefore the speed of starting enforcement measures. But for debtors, this results in completely different consequences - the impossibility of personally participating in the process and challenging the debt, debiting funds from cards and accounts, introducing restrictions and prohibitions, which they often learn about only from bailiffs or third parties.

Housing and communal services organizations can apply to the court to obtain an order if two mandatory conditions are met:

the debt does not exceed 500 thousand rubles;
non-payments (delay) are more than 3 months.

Typically, utilities work according to the following scheme:

They wait 3 months. If payments for services are not renewed, a written notice is prepared and sent to the debtor - a kind of claim
. Typically, the notice indicates, among other things, the amount of the debt, its structure (breakdown) and the period for repayment, as well as measures that can be taken - restriction, termination of services, the accrual of a penalty (penalty) and collection of the debt in court.
They are waiting for the debtor to voluntarily repay the claim within the allotted time. If nothing happens, they consider the option of turning to the magistrate for an order
.
This stage sometimes lasts 3-6 months, and often a year or more - much depends on the order adopted or established in a particular municipality, locality, in the organization of housing and communal services and other circumstances
.
At the same stage, it is widely practiced to consider issues of installment or deferment of debt repayment, but, of course, if the debtor himself is interested in this
. In some cities and regions there are special commissions in this regard, especially when it comes to debts to municipal housing and communal services enterprises.
If the debtor's inability or unwillingness to repay the debt is obvious, obtaining a court decision is inevitable - it is only a matter of time.
A court order is received in just 5 days from the date of application.
10 days from the moment the debtor receives a copy of the order, it comes into force and can be immediately submitted for foreclosure on property, funds and income.

It is possible to challenge a court order to collect a debt for utility bills by canceling it, without allowing the commencement of enforcement proceedings, only within the 10 days indicated above. And this is where problems often begin:

the order came to an address where the debtor does not actually live;
the letter from the court got lost somewhere along the way;
the debtor was on vacation, a business trip, or somewhere else, but not at home;
other circumstances did not allow receiving the order.

The result of all this is the expiration of the deadline for challenging the order. And in this situation, debtors simply do not know what to do, especially when write-offs from cards, accounts have already begun, or bailiffs have come to seize property.

Collection of housing and communal services debts. Now by court order

The resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2016 clarified some of the subtleties of writ proceedings. Debtors need to prepare for the fact that debt collection for housing and communal services or, for example, telephone communications will be carried out using a court order. This will allow you to quickly write off debts directly from bank cards and accounts of citizens.

Today, the debt of Russians for housing and communal services is about 275 billion rubles. It is quite possible that very soon the size of this debt will be reduced thanks to a simplified collection procedure based on a court order.

Let us remind you that a court order for a creditor is the simplest and fastest way to collect debts, bypassing protracted legal proceedings. In fact, they simply don't exist. The company goes to court, provides documents that indicate the existence of a debt, and then receives a court order. It is issued by a judge without summoning the parties, without trial.

A court order is also an executive document, therefore, on the basis of this document, the bailiffs will begin working with the debtor. Bailiffs will check the debtor’s financial situation, send inquiries to banks, and make inquiries about his accounts and deposits. If funds are available, funds may be debited from accounts. So, one fine day the debtor will discover that an amount equal to the debt for housing and communal services has disappeared from his bank card. Note that the bailiff has no right to touch some of the debtor’s income. Read more about what income of a debtor bailiffs cannot seize here.

Collection of housing and communal services debts by court order can be fraught with one unpleasant feature for citizens, especially those who, for example, do not live at their place of permanent registration and do not look into the mailbox. Such citizens will miss all notifications and, perhaps, will find out about everything only at the time the funds are debited from their bank card. Considering the speed with which court orders are issued, collection of debts for housing and communal services will obviously take place as quickly as possible.

How to challenge an order

Three situations are possible:

The order has not entered into force.
The order has entered into force, but you have grounds to restore the missed deadline for its cancellation.
The order has entered into force, and you understand that there are no valid reasons for reinstating the term, or the magistrate has already denied you this.

The first situation is the simplest. It is necessary to promptly prepare a written objection addressed to the magistrate who issued the order

.
Samples are available online, but they can also be found in the courthouse itself
.
When drawing up an objection, it is enough to refer to your disagreement with the amount of debt for utility bills
. There is no need to invent and confirm anything, make calculations and provide evidence. You just need to state your disagreement - this is enough for the judge to make a decision to cancel the order.

The second situation is more complicated, but all is not lost here. In addition to the objection, it is necessary to prepare an application for the restoration of the missed deadline, be sure to indicate good reasons for this and confirm them with documents. When considering the objection, the judge will also consider the issue of restoring the term
. Cancellation of the order will entail the termination of enforcement proceedings, if they have already begun, the removal of all restrictions, prohibitions and the cancellation of enforcement measures.

The third situation is a more serious problem. Cancellation of the decision is impossible, but it is possible to challenge the court order to collect debts for housing and communal services in cassation procedure

.
In this case, you will have to seriously think about the grounds for considering the case in cassation and overturning the court decision. It will not be possible to simply refer to your disagreement with the debt or its size
.
In cassation, the court will take into account only significant violations of the rules of substantive or procedural law committed by the magistrate when making the order and which influenced the outcome of the case. Considering that the writ proceedings are accelerated and simplified, there is no trial as such, the parties do not participate and do not present evidence in the process, it is extremely difficult to find any grounds for reviewing the order in cassation
. And do not forget that appealing to cassation will not suspend enforcement proceedings, so if the goal is to delay debt collection, then it is better to immediately go to court on this matter, rather than delay the process.

objections to a court order for utility payments

It is known that residents of apartment buildings are required to pay utility bills and services. These include electricity, hot and cold water, heating, garbage collection, cleaning and other services.

And if a debt has accumulated, then the utility services apply to the court, which issues a court order to collect the debt for utility services. You can challenge it by preparing an application to cancel the court order for housing and communal services.

Its writing and presentation must be subject to certain procedural rules. Failure to comply with them will lead to the fact that the bailiffs, on the basis of a court order, will begin to collect utility debts forcibly.

How to properly formulate an objection

When writing such a statement, there is no need to list all the available grounds for canceling the order or the reasons why the applicant does not agree with it.

To cancel a document, an important point is the very fact of sending a statement reflecting the person’s objection, indicating in it the relevant legislative formulations and references to the provisions of the law that allow the order to be canceled.

Article 129 of the Code of Civil Procedure of the Russian Federation determines: in order to officially cancel an order adopted by the court, the court must be provided with certain objections regarding its execution.

The law does not establish clear requirements for the preparation of this document. However, when filing a return, it is necessary, in addition to the mandatory use of a written form of submission, to observe a number of general rules for drawing up the document.

In the upper right corner the following is indicated:

name of the judicial body, details of the judge who made the decision;
information about the applicant (his full name and actual address of residence).

In the central part of the document being prepared, its name is standardly indicated: “Objection”. Then the reasoning part of the objection is written, indicating why the applicant does not agree with the order issued by the court.

Such a clause is not mandatory - according to the law, the debtor has the right not to provide explanations regarding the objection. The pleading part is mandatory for the court to make a decision regarding the cancellation of the existing order - it reflects the applicant’s request to cancel the court order. When going to court, provide clear wording for this part of the document.

ATTENTION! Look at the completed sample of an objection to a court order for the collection of housing and communal services debt:

Grounds for canceling a court order to collect debts for housing and communal services

The peculiarity of the court order is that the tenant may not even suspect that he has been sued for “utilities”.

He will be confronted with the relevant fact only when he receives an order from the court to collect the debt, or the bailiffs forcibly write off the debt from the bank card.

And then there is very little time left to cancel the court order to collect the debt for housing and communal services - only 10 days.

On what grounds can this act be challenged? The first of these is disagreement with the amount collected (including the accrual of penalties). Then you should make your own calculations, referring to bills and receipts.

Save receipts and keep track of your utility bills for 3 or more years. This will make it much easier to defend your position if the conflict goes into court.

The next reason to question the court order may be the collection of part of the debts beyond the limitation period. After all, it also applies to payments for housing and communal services.

Finally, a court order to collect a debt for housing and communal services can be challenged due to the fact that it does not comply with the requirements established by law. To do this, you should read the article
. 124 Code of Civil Procedure of the Russian Federation.

Court order for housing and communal services, what is it?

A court order for the collection of debt for utility bills is a document of a court decision on the collection of a housing and communal services debt, on the basis of which the services have every reason to recover the debt with the help of bailiffs. All this is recorded in Article 221 of the Code of Civil Procedure of the Russian Federation. Documentation of this kind is simultaneously equivalent to enforcement documentation and is executed in accordance with the rules for the execution of court orders. In addition, the utility services themselves have the right to act on their own, having such a document in hand - by contacting banking organizations with a request to write off funds to pay off the debt of housing and communal services from the debtor's accounts.

How to appeal a court order for utility debts

The first and most important rule is meeting deadlines. The time to cancel a court order for housing and communal services is 10 (calendar) days

. And this period is calculated from the next day after which the court decision was received.

When the specified period is missed, it can be extended. However, practice shows that there must be compelling and documented reasons for this.

There is also a second point. An application to cancel a court order to collect debts on utility bills is submitted to the court from which the order originated.

In this case, the appeal will be considered by the judge who issued the court order to collect the debt on utility bills.

Cancellation of a court order should not be confused with an appeal. It is submitted specifically against the court decision to a higher authority

. And besides, unlike an application to cancel a court order, it will be necessary to pay a state fee.

When challenging a court order, you need to make sure that there is clear evidence that the application was received by the court office or sent by mail. Then you can know the likely date for consideration of the application for the court order.

Time limits for canceling a court order

In accordance with the current norms of civil procedural legislation in the Russian Federation, there is a single period for appealing court orders and decisions - ten days from the day following the day of such decision.

If, for good reasons, the deadline was missed, then it is possible to restore it in court on the basis of a special decision made by the judge. The following should be considered as valid reasons for reinstating the missed deadline for challenging the issued order:

staying in a hospital-type medical institution for a long time , which did not allow obtaining information about the judicial review of debt collection issues;
being on a business trip in another region , which excludes the possibility of obtaining any information about possible ongoing judicial actions against a person or his property;
absence of any information from the judicial authorities , management company or resource supply organizations about the conduct of a judicial procedure against a specific person for the collection of existing debt.

If any of these grounds is proven with the help of special accompanying documents, then it is possible for the judge to issue a special order to restore the missed deadlines for filing objections to existing court orders.

What actions should be taken next?

The Code of Civil Procedure does not speak about the procedure for considering an application to cancel a court order. However, practice shows that this appeal is considered immediately upon receipt.

If enforcement proceedings have already been initiated on the basis of a court order, care should be taken to suspend them. It is better to do this on the day of filing the application, by contacting the bailiff with a request to suspend enforcement proceedings

. This can be done in the form of a petition.

When a court cancels a court order, this does not mean that the conflict is over. Next, the resource supplying organization or management company can file a claim for the debt

. And then all your arguments need to be confirmed in objections to it.

Naturally, documentary evidence will also be needed regarding the actual amount of the amounts, the expiration of the statute of limitations, and errors in calculations.

What actions are being taken next?

Detailed descriptions of the review procedure are not available. But practice has shown that most documents are considered as soon as they are received by the addressee.

Sometimes they issue an order and then immediately begin enforcement proceedings. Then you will have to separately take care of its suspension. It is better to resolve the issue at the same time as submitting the application. It is enough to contact the bailiff with a corresponding request. It is permissible to file a petition describing the request to cancel the decision.

If the court decides to cancel the order, this does not mean that the conflict is completely settled. The supply company may submit another application for payment of the remaining debt. In such circumstances, the arguments require re-affirmation in the defense to this claim. The more documentary evidence the other side has, the better.

Peaceful resolution of disputes regarding utility bills is convenient not only for the management companies themselves, but also for citizens. Therefore, it is worth making attempts to find the most convenient option in which both sides would emerge victorious.

After the cancellation procedure is completed, the debtor has the following options:

deferment of debt repayment;
the opportunity to challenge a court decision;
the right to organize a full hearing with the presence of both parties.

Debt can also be written off from bank accounts if information about them becomes known to bailiffs. If there are no invoices, then collection measures are directed to the property for which the property is registered.

Useful tips and recommendations + objection to a court order to collect debts for housing and communal services

When there is already a court order and it needs to be canceled, then the easiest way is to cancel the housing and communal services court order according to the model that we propose to use as a basis. Of course, it can be modified to suit your situation.

To avoid litigation, in some cases it makes sense to negotiate with utility services regarding alternative options for repaying the debt, including deferment, installments or writing off part of it.

It would also be useful to consult with a lawyer regarding the resolution of the conflict with public utilities.

Legal advice can be obtained either in our office or by telephone. Moreover, a specialist can tell you how to best cancel a court order for housing and communal services debts.

Application for cancellation of a court order for utility payments

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116 Messages. Questions and answers from a lawyer on the topic: How to cancel a court order to collect debts on housing and communal services payments

According to the legislation established within the territory of the Russian Federation, payment for housing and communal services is a strict obligation for persons who own a residential/non-residential property.

This means that, firstly, this obligation can pursue both individuals and legal entities (their owners), and secondly, it applies to citizens from the moment they draw up a document confirming ownership of real estate. Such a document could be a purchase and sale agreement or a lease agreement.

Housing and communal services represent a list of services necessary to create residential conditions at the site. This includes hot and cold water supply, heating, gas supply, electricity supply, etc.

The need, procedure, rules, terms and methods of payment for housing and communal services are specified in a number of regulations that make up the Housing Code of the Russian Federation.

For example, Article No. 153 of the Housing Code of the Russian Federation explains the obligation of citizens to pay for services for living on site, and Article No. 156 describes the amounts charged as payment for housing and communal services (housing and communal services).

Article 153. Obligation to pay for residential premises and utilities

Article 156. Amount of payment for residential premises

It is important for a citizen living in the territory of this state to know the above nuances of paying for utility services. This is due to the fact that in case of arrears in payments, he will be subject to administrative liability.

Joint and several liability for debt collection for housing and communal services. Explanations

17.12.2019

Housing and communal services / Management companies and homeowners associations

Situation: a person is registered (i.e. registered) in an apartment, but does not actually live there. And those who live there have accumulated large debts to pay for utility bills. Who will be required to pay the debt if the management company files a lawsuit? The owner, all members of his family, everyone registered in the apartment? We are publishing clarifications on this matter from specialists from the Ministry of Housing and Communal Services of the Khabarovsk Territory. The information will be relevant for other Russian regions.

Joint and several liability for debt collection for housing and communal services. Explanations

According to Art. 153 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), citizens are obliged to promptly and fully pay for residential premises and housing and communal services.

The obligation to pay for residential premises and housing and communal services arises for the owner from the moment of registration of ownership of the residential premises, and for the tenant - from the moment of concluding a social tenancy agreement.

According to Part 3 of Art. 31 of the Housing Code of the Russian Federation, family members of the owner of a residential premises who are legally capable and limited by the court are jointly and severally liable with the owner for the obligations arising from the use of this residential premises, unless otherwise established by agreement between the owner and members of his family.

In accordance with Part 2 of Art. 69 of the Housing Code of the Russian Federation, family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant. Members of the family of the tenant of a residential premises under a social tenancy agreement who are capable and limited in their legal capacity by the court bear joint and several liability with the tenant for the obligations arising from the social tenancy agreement.

Joint and several liability for debt for housing and communal services implies that the management company or other organization that provides housing and communal services has the right to collect debt from any person who lives with the owner of the property (or tenant) and is registered at the same address.

If citizens are registered in a residential premises, but do not live in it, they retain the right to use the residential premises.

Failure to use premises by owners, tenants and other persons is not grounds for non-payment of payment for residential premises and housing and communal services (Clause 11, Article 155 of the Housing Code of the Russian Federation).

In case of temporary absence of citizens in a residential building that is not equipped with utility metering devices (if supporting documents are available), fees are recalculated, with the exception of fees for the maintenance of residential premises, heating, contributions for major repairs, and utility resources consumed for the maintenance of common property.

Accordingly, debt for housing and communal services can be collected both from the owner (tenant) and from a member of his family who has the right to use the residential premises.

Sources: Ministry of Housing and Communal Services of the Khabarovsk Territory

Is it possible

From June 1, 2020, changes were introduced into the Housing Code of the Russian Federation, which, first of all, relate to the collection of payments for utility services.

According to these changes, in case of non-payment, the body that acts as the supplier of housing and communal services will file an application with the court. As a result, the taxpayer may face a court order for debt on utility bills.

It is worth noting that in some constituent entities and regions of the Russian Federation, the judicial practice of applying orders for debt payment for housing and communal services has been used for more than five years, and in others it has only recently come into force.

A writ refers to a ruling issued by the judicial authorities of a state. The decision to issue it is made by the judge, based on the application for collection of utility bills.

.
However, recourse to judicial authorities is possible only in cases where the amount of debt to pay exceeds 500 thousand
. rub.

You can avoid this situation by paying your utility bills on time. If a court order regarding the debt has already been issued, then the legislation of the Russian Federation has the opportunity to cancel its entry into force.

Application for a court order to collect debts for utilities

What it is

Joint liability for housing and communal services debt implies the division of debt between all family members of the owner of the property or persons who live there.

Situation: the owner of the apartment, Ivanov, has not paid utilities for 5 years. For the last 2 years, his daughter has been living in the apartment with her husband and son, but they do not have ownership rights. During their stay they paid utilities. The management company filed a lawsuit to collect the debt for the previous three years, and a writ of execution was submitted to the executive service. The bailiff applied joint liability for the payment of the debt: since the owner had no money, they ordered the people living there to pay the debt.

So you can move into an apartment, pay utility bills for yourself, but then you will have to pay the previously accumulated debt, which you have nothing to do with.

Grounds for challenge

How to cancel a court order for utility payments? To challenge this debt act, you should find out whether it falls under one of the grounds for cancellation specified in the law. Those. the taxpayer needs to study the order and try to find the justification for its issuance or lack thereof.

The legislation of the Russian Federation provides the following grounds for canceling an order for arrears in payment of housing and communal services:

discrepancy in the amount collected for utilities;
untimely notification of a judicial investigation;
the court order does not fall under the requirements of the legislative framework of this state, which are specified in Article No. 124 of the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation);
recovery of an amount beyond the limitation period.

If a citizen discovers one of the above grounds when studying the court order, he has the legal right to challenge the process of collecting a fine for debt on utility bills. He should know the procedure for appealing and canceling an order for housing and communal services, the rules for filling out an application, deadlines and further actions.

Also, an individual has the right to use the legal services of various companies that will assist him in resolving the issue.

Procedure for collecting debts on utility bills

The Criminal Code informs the citizen about the debt by registered mail or delivers it home against signature if he has not made payment for more than 2 months.
If there are no payments for more than 3 months, the management company or the supplier calculates penalties for debt for housing and communal services - for the principal amount at the refinancing rate of the Central Bank of the Russian Federation 1/300 for each day of delay in the first 90 days and 1/130 for each subsequent day before repayment.
The management company sends an official claim to the debtor and enters into an agreement to repay utility bills with a payment schedule.
If debts remain, the supplier limits the supply of resources for 1 month. After paying the bills for the apartment, the supply of services is resumed within 2 days.
Pre-trial proceedings to collect debts for utility services are possible with the participation of intermediaries - citizens who are not personally interested in solving the problem.
In accordance with Federal Law No. 230, the Criminal Code or the supplier may transfer the debt to collectors before trial from the beginning of its occurrence.
Collection of rent arrears is carried out through a court of general jurisdiction if the problem cannot be resolved in a constructive way.

How can you appeal and cancel a court order for utility payments?

So, first of all, it is important for an individual who wants to challenge a court order on a legal basis to have a basis for carrying out the procedure.

Next, you need to write a corresponding statement. His form is filled out according to certain criteria.

Then it should be taken into account that a written application can only be submitted to those judicial authorities from which an order was received regarding debts for payment of housing and communal services. The review will be carried out by the magistrate who previously issued the order.

And the last important nuance is the deadline for filing an application to cancel the order by the payer and the deadline for reviewing the act by the judicial authorities.

Having taken note of these nuances, the payer of utility services can safely submit an application to the authorities that issued a court order for the debt of payment of utility and housing payments.

A decision to revoke an order will only be made if the basis for challenge is a valid reason provided for by law in the relevant law. But this will not be the end of the proceedings.

After all, the utility service provider can file a claim against the payer, and the latter will be forced to collect all kinds of evidence that the order does not correspond to reality. For example, receipts for payment of all housing and communal services - gas, water supply, heating, electricity, etc.

Sample objection to a court order for utility payments:

Form and sample statement of objection

As stated above, the statement is the primary basis for consideration of the situation by the judicial authorities. It is important for a citizen who needs to challenge a court order for housing and communal services debt to correctly draw up this act. The likelihood of cancellation largely depends on a well-formed application to challenge a court order.

A citizen should take into account that the application should not contain the terms “Defendant” or “Plaintiff”, because their use is a discrepancy with the Civil Procedure Code of the Russian Federation. As a result, the act may be returned to the payer without consideration

. Instead of these words, you need to use “Debtor” and “Collector”.

The form must contain the following data entered by the housing and communal services payer:

The date of the court order for the debt;
Full name of the magistrate who issued the order;
Court precinct number;
The city in which this federal body is located;
Type of collection (housing and communal services, alimony, arrears of taxes, fees, etc.);
Name of the claimant;
Name of the debtor;
The amount of the penalty in accordance with the order;
The reason for the debtor’s disagreement with the court order;
Applicant's signature.

Sample objection to a court order

What is a court order?

In accordance with Art. 121 of the Civil Procedure Code of the Russian Federation, a court order is a court decision issued by a single judge on the basis of an application for the collection of sums of money or for the recovery of movable property from the debtor.

A court order is at the same time an executive document and is executed in the manner established for the execution of court decisions. Court orders are issued by magistrates of the judicial districts at the debtor’s place of residence.

What happens after a utility contractor applies for a writ of certiorari to the relevant magistrate?

In accordance with Art. 126 of the Code of Civil Procedure of the Russian Federation, a court order on the merits of the stated claim is issued within five days from the date of receipt of the application for the issuance of a court order to the court. A court order is issued without a trial or summoning the parties to hear their explanations.

In accordance with Art. 128 of the Code of Civil Procedure, the judge sends a copy of the court order to the debtor, who, within ten days from the date of receipt of the order, has the right to submit objections regarding its execution.

In accordance with Art. 129 of the Code of Civil Procedure, the judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period. Further, according to Art. 130 of the Code of Civil Procedure, if the debtor does not submit objections to the court within the prescribed period, the judge issues to the creditor a second copy of the court order, certified by the official seal of the court, to present it for execution.

Thus, the utility service provider has in his hands a court order that has entered into legal force - a writ of execution, according to which the forced collection of debt is carried out. As a rule, court orders for the collection of debt for housing and communal services are transferred by collectors to the unit of the bailiff service at the location of the debtor. So, let’s look step by step at what the debtor should do in various scenarios of the current situation.

Deadlines for 2020

The period during which a court order for debt on utility payments can be challenged is 10 calendar days from the date of notification of the payer about collection.

If the payer of housing and communal services does not meet the deadline specified above, he has the opportunity to provide the judicial authorities with the reasons for the delay. If these grounds are recognized by the court as valid, the deadline for canceling the court order will be extended.

Options for pre-trial claims

There are several methods:

Sending a letter of claim to the debtor.
A message about a debt with a demand to repay it.
Conclude a debt restructuring agreement.
Notify about the imminent shutdown of energy resources: water, gas, electricity.

Letter of claim to the debtor

For the document to be truly valid, the following steps must be taken:

Indicate the existing problem, the amount of debt and the date when it arose.
Ask for a voluntary contribution.
Talk about the consequences of non-payment of debt: court proceedings, the debtor's expenses for the trial, enforcement proceedings with an inventory of all property.

You can request a sample claim

Notifying the debtor about the existence of a debt

This kind of document is sent for the purpose of informing a person. It is created three months after the debt arises. It is important to indicate the following information:

Name and details of the management company.
Information about the debtor.
The amount of debt.
Duration of debt formation.
The amount of additional fees in the form of penalties for late payment.
Repayment period.
Date and time of visit to receive explanations.
Possibility of receiving benefits and subsidies.
Consequences for delays.
Date of preparation of the document.

The procedure for calculating penalties for late payment is specified in article number 155 of part 14 of the Housing Code of the Russian Federation.

It looks like this:

If the payment was not made during the period from 31 to 90 days of the last payment, then for each day of delay 1/300 of the refinancing rate is charged (1/300 of 7.5%).
After 91 days of non-payment, the interest will be 1/130 of the refinancing rate (1/130 of 7.5%).

You can use this link for information letters.

Restructuring of debt on utility bills

If during the conversation it turns out that the debt arose for a good reason, then the debtor may be offered to restructure the debt. In other words, it will be divided into several parts. He will have to pay each of these parts within a specifically designated period.

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