Methods of working with debtors by phone. Efficient work with receivables

Galaktionova Svetlana Alekseevna,

subscription manager

From the time of the existence of the first libraries to the present day, the problem of preserving the library fund remains relevant, whether it is the protection of the material basis of the document from destruction, or the illegal actions of those who steal library books or unscrupulous readers who do not return books to the library for years, which we call debtors. In ancient times, such people would have faced severe punishment, and even the death penalty.

Talking today about indebted readers is a thankless task. But isn't it amazing that the library collection can suffer the most damage precisely from those for whom it is intended, and that it is the work with indebted readers that takes a lot of working time, effort and nerves from service department employees. The main reasons for non-return by readers - debtors of literature are the low culture of using the library fund and the belief in their impunity.

The main task of the service department as structural unit The library is to ensure the implementation of all library services, efficiency and quality of service, and therefore the prevention of failures. And one of the reasons for the rejection of books is their untimely return by some library users.

The problem of indebted readers is also relevant for the subscription of the Pskov Regional Scientific Library, which serves readers throughout the city. And returning books to the library sometimes requires a lot of work.

At the end of 2016, there were 358 debtors in the department. After analyzing the data by category of readers, the following picture emerged:

Students of universities, colleges, schools - 43%
Other readers, workers - 18%
Other specialists (engineers, medical workers, workers of culture and art, etc.) - 16%
Pensioners - 11%
Teachers - 9%
Military and law enforcement personnel - 3%

The picture has not changed over the past five years. Students are the largest group of debtors, the most optional, forgetful and often changing numbers mobile phones. Therefore, the main form of work with debtors - telephone calls - is difficult with them.

A few years ago there was a good form of struggle with this category of readers - compiling lists of students who are indebted and mailing these lists to educational institutions. This was handled by the registration department. I would like to continue this work.

If we break down the debts by years, we will see the following picture:

2012 - 55 (139)

2013 - 65 (151)

2014 - 52 (143)

2015 - 35 (106)

2016 - 129 (316)

Debtors 2012 - 2015 - this is already a “dry residue”, readers who can no longer be reached, cannot be reached by phone. But the forms are kept for five years mainly because of the students. This category of readers can take books in the 1st year, and come to the library if necessary in the 5th year and find out about their "debt".

The debtors of 2016 are mainly readers who did not turn in their books in October, November, December last year. These readers are constantly working on a daily basis.

When working with debtors, the employees of the department carry out a list of mandatory activities, which includes:

Conducting Returned Book Weeks twice a year;
Notification of debtors by phone;
Penalties.
Reimbursement of the penalty with books from the personal library;
Individual conversations with users when recording;

Holding a "Week of the returned book"

Together with the registration department, they are held twice a year. Usually in May and December. For a subscription, lists of readers - debtors with mobile phone numbers are printed. All applications of the department for the personal data of readers are noted in the "Journal of registration of the request for personal data" in the registration department. For a “week”, readers can return books that are overdue in terms of the return period without filing penalties and complaints from librarians.

The results of the action for the last three years are as follows:

2014 - 93 debtors returned 413 books

2015 - 78 debtors returned 276 books

2016 - 139 debtors returned 596 books

Notifying debtors by phone is the main form of work on a subscription. On average 60 - 70 calls per month. A mark is made on the reader's form with the date of the call and the result: got through, did not get through, unavailable.

In 2016, 740 calls were made to debtors with a reminder of the repayment deadlines.

In 2015, 710 calls were made.

In 2014, 920 calls were made.

In 2013, 1007 calls were made.

976 calls made in 2012

Penalties are applied to malicious debtors. According to the rules for using the library: “In case of violation of the deadline for returning books, after a month has passed from the date of recording them in the electronic reader's form, a fine of in due course according to the "Price list of additional paid ... services".

Penalty for non-compliance with the deadlines for the return of documents issued at home is 2 rubles per day for each document. The total amount of interest is calculated by the MARC SQL program, it is enough to select the required report and enter the plastic card number.

This has a good effect on debtors, especially when moms, dads, and grandmothers rent for them. What a librarian does not calculate on a penalty calculator, but all the data is in the library database.

Of course, penalties reach several thousand, but we make concessions: we ask you to compensate for the penalties with books from your personal library or buy new books needed for the department's fund. But it rarely happens.

According to the rules for using the library, readers with unrenewed library cards are not served, and in order to renew it, all books for the previous year on the subscription must be returned. Here we run into another problem. It happens that a reader is in debt on a subscription, but he is re-registered, books are renewed and he visits other departments without visiting us.

A big request to the heads of other service departments: let your employees know that only your department needs to renew books, and not all others at the same time. Ask him to go to the subscription and renew the books himself.

Individual conversations with users when recording:

However, the main emphasis should be placed not on the return of books, but on prevention, on educating the culture of the reader. Readers need to be worked on before they become indebted, before they take the book home. At the subscription, we introduce the reader to the Rules for using the library, because ignorance is the most common reason for their violation.

According to the Terms of Use:

The user can receive at home no more than 7 books for up to 20 days
The user can extend the period of use of books if they are not in demand by other users. You can renew in person, by phone, through the library website, but no more than three times in a row.
In case of violation of the deadline for returning books, after a month has passed from the date of recording them in the electronic reader's form, penalties are charged in the prescribed manner according to the "Price List of Additional Paid Services"

The staff of the library talk about the importance of the timely return of literature, carry out explanatory, preventive work to prevent violations of the Rules for Using the Library.

Such work is quite complex and painstaking, but it will be effective only if it is carried out persistently and systematically, and not from case to case and, moreover, with each user.

Go to LiveLib.ru - a service for communication. Here you can find like-minded people who like the same favorite books; find out what new products are being heard today; discuss the classics that never go out of style; chat on any topic on the book forum. I was attracted by the discussion of the topic “Did you return the books to the library?”. Among 85 people from all over Russia, only 33 people answered that they returned the books after reading on time and even ahead of time, the rest did not dare to come to the library.

In conclusion, I will emphasize once again that there is no single recipe for ensuring the safety of the fund from debtor readers. It is necessary to use, perhaps, a large set of methods and apply them consistently, day after day. And, perhaps, then the words of Anton Pavlovich Chekhov, who said: “If a friend asks you for a book, give him money, will cease to be so relevant. He may return the money, but the book is unlikely.

Each owner of an apartment in a multi-storey building, which is run by a management company, HOA or other housing and communal services body, is obliged to regularly pay utility bills. However, practice shows that not all tenants pay their bills in a timely manner, and some prefer not to pay for a communal apartment at all (despite this, they actively use housing and communal services). How to achieve the return of debts for housing and communal services and prevent delays - read the article.

For what types of debt is work with debtors of housing and communal services

Debts for housing and communal services are divided into several categories according to the timing of the fulfillment of obligations:

1. Current

Current debt is a debt that has been accumulated within one specified period. Such debt may arise even if it has not yet expired.

According to Article 155 Housing Code Russian Federation, it is necessary to pay for housing and communal services before the tenth day of each month, unless other conditions are specified in your agreements with managers or resource-supplying organizations. That is, the Housing Code of the Russian Federation allows the housing and communal services authorities to independently set the deadlines for paying utility bills in each individual house.

Thus, in the system of housing and communal services, the current debt is formed in the period from the first to the tenth day of each month following the paid one (unless other conditions are prescribed in the contract).

In relation to such a debt, no methods of working with housing and communal services debtors, penalties and penalties are applied. After all, the consumer has not yet managed to violate the rights of the creditor. However, some incentives for timely payment may still apply. They are aimed at preventing the formation of overdue debts.

2. Overdue

Arrears are debts that have already passed due date. If we talk about the current procedure for paying utility bills, then such a debt appears on the 11th day of each month (unless other conditions are specified in the contract).

In the event of such a debt, it is possible to apply penalties and penalties, because the consumer has already committed an offense by delaying the payment of a communal apartment. In order to develop an optimal set of measures to reduce overdue debts, you should find out what types of debt are divided into based on the possible repayment period:

Debt that has accumulated over two to three months.

Work with housing and communal services debtors who have accumulated debt for two months is practically not carried out, since it economic efficiency very small. After all, a debt collection specialist will spend a lot of working time on the offender, and the amount of debt paid by him will be very small.

Such debt can arise both because of the indiscipline of the payers, and because they receive a salary after the tenth day of each month.

Debt accumulated over a period of up to a year (long-term).

This type of debt can be caused by deeper reasons - for example, the deliberate evasion of the offender from paying utility bills.

Debt that can be repaid within 1-3 years or cannot be repaid at all.

Most often, this type of debt occurs due to a combination of the following reasons:

low income of the payer;
chronic diseases that interfere with making payments for housing and communal services (including alcoholism and drug addiction);
situations in which debt repayment is not possible due to legal or practical obstacles.

Watch a fragment of the webinar for our subscribers on the topic"Common Mistakes in Communicating with Residents: Practice, Tips and Examples"

The combination of the payer's unwillingness to make housing and communal payments and the impossibility of working with housing and communal services debtors and collecting debts from the housing and communal services authorities leads to the accumulation of debt.

Timely receipt Money from tenants for managing organizations is very important. Most of these companies operate without any significant inventory. financial resources, so even a small number of non-payers can undermine the stability of the management company.

The rigidity of managing organizations in collecting debts is explained by the fact that the presence of debtors in serviced houses directly threatens their existence. For such a threat to become real, even 5% of residents who do not contribute the necessary funds on time are enough. We are not even talking about the fact that they do not pay at all. This refers to the most common type of debtors who pay utility bills, but irregularly, for example, once every three months.

At the same time, the management company needs to pay for the supply of heat, water and other resources in a timely manner. 5% of the missing funds turn into a cash gap, which has to be somehow compensated. In the context of the rise in the cost of money and a decrease in their number of free financial resources, management organizations usually do not have it. We have to resort to lending, which means accumulating interest on the amounts borrowed from banks. With modern rates on loans in the region of 20% of the management companies begin to gradually accumulate their own debts, and after 4-5 years of such activity, an organization honestly working in the housing and communal services sector can become bankrupt.

Reasons that lead consumers to stop paying for housing utilities can be divided into two categories: objective and subjective.

Evaluation of different methods of payment for utilities

Reasons due to low income of the payer. It's about about consumers who receive low or average salary. Perhaps they would like to pay utility bills in a timely manner, but do not have such an opportunity due to lack of finances. So, a tenant can receive income that does not allow him to either qualify for benefits and subsidies, or pay utility bills in full. This category also includes reasons related to the date of receipt of income - most residents receive their main income in the form of a salary, the timing of which varies significantly.
Reasons due to the high costs of the payer. We are talking primarily about seasonal expenses for new year holidays, weddings, birthdays, etc., gathering children to kindergartens and schools, as well as other large expenses - for example, to buy a car, household appliances, large furniture, etc.
Reasons due to the moral and psychological state of the consumer. Such non-payers are divided into intentional ones, who do not pay for housing and communal services intentionally, for example, because they do not agree with the housing and communal services reforms, and unintentional ones, who simply forget to pay the receipt.
Causes due to the physical condition of the consumer. We are talking about citizens suffering from various diseases. They simply cannot pay for housing and communal services without outside help, hence the accumulation of debt. At the same time, they extinguish it as soon as all interfering circumstances can be eliminated.
Reasons due to the payer's place of residence (for example, in another city), his temporary absence. Such circumstances lead to a gap between accrued and paid bills and complicate the work with housing and communal services debtors.

Reasons due to the low quality of housing and communal services, unbuilt system of control over it. Payers often refuse to pay for low-quality services, moreover, if the tariffs for them are regularly increased.
Reasons due to organizational problems with the calculation of fees for housing and communal services. For example, a consumer may not agree with the amount to be paid. Until he finds out what causes the amounts in the receipts, he will not pay them.
Reasons due to the incorrect organization of the system for collecting payments for housing and communal services. We are talking about inconveniently located cash desks, untimely sent out receipts, bills that did not reach the consumer, etc. All these obstacles postpone the moment of payment of utility services for an indefinitely long period.
Reasons related to the right of certain categories of citizens to benefits and subsidies. Sometimes the procedure for exercising the right to compensation can be very complicated, long and confusing. In turn, this postpones the moment when the recipient of the subsidy will be able to pay for housing and communal services. In addition, this fact reduces the total number of recipients housing subsidies- people are not ready to spend time on paperwork, disclose information about their income and the social status of a low-income person.
Reasons for high tariffs for housing and communal services:

reasons due to the increase in prices and tariffs for housing and communal services - a regular increase in the volume of payments for each payer reduces their total volume - the population does not have time to reschedule family budgets, and citizens begin to move into the category of insolvent;
reasons due to the existing tariff setting policy, which is unnecessarily strict and inflexible. According to Russian legislation, price regulators should set fixed prices and tariffs for housing and communal services, uniform for the region as a whole, with a tiny percentage of profitability. As a result of such regulation, providers cannot reduce prices for services, and consumers from different areas receive services of different quality at uniform prices;

The reasons due to insufficiently thought-out mechanisms for bringing to responsibility for non-payment of housing utility bills or for them late payment. For example, citizens may not be in a hurry to pay utility bills if they know that there are no fines and penalties for delays, and if claims are brought against them in judicial order, they will be able to pay all the debt without additional fines in the pre-trial order.
Causes due to insufficient information of the population. It's about poor quality. information support, insufficient amount of information and restrictions on access to it.

The objective reasons for the accumulation of debts can also be attributed to the situation when the house is without a managing organization. This happens if the Criminal Code independently refuses to service the MKD, or it is deprived of such an opportunity due to violations.

Residents of high-rise buildings certain period find themselves in a legal gap. For some time they do not receive payments, although basic utilities continue to be provided. Sometimes this situation can drag on for years, as a result of which apartment owners accumulate debts, and common house property is neglected.

The house cannot be left without management. As a result, apartment owners will have to create an HOA or hold a meeting to select a new management company. If they cannot choose the managing organization on their own, then it must be appointed by the authorities local government. According to the law, the authorities are given three months to provide the house with a new Criminal Code. This deadline may be violated for several reasons:

the lack of activity of residents in resolving this issue;
non-fulfillment by officials of their duties;
conflict of several managing organizations for the right to receive a house.

When the Criminal Code is appointed, she will require payment of all missed invoices. Here, certain problems await her, as she will have to require residents to repay significant accumulated amounts.

The situations with the debts of absent debtors are also among the most difficult for managing organizations. For example, in such a case it is not easy to initiate legal proceedings. CC must be submitted statement of claim at the place of registration and residence of the owner, and it does not always coincide with the address of unpaid housing.

Another problem is the lack of control over metering devices by non-residential owners. This also causes the accumulation of additional debts for housing and communal services, which the owners then begin to dispute with the managing organization. For example, let's take a situation with a long-term empty apartment, in which the deadline for checking water and electricity meters is missed. In fact, none of these resources is spent, but due to the lack of action on the part of the tenant, the management company begins to charge fees according to the standard.

The owner, who appeared after some time, is trying to achieve a recalculation, but the law in this case is on the side of the managing organization. Monitoring the status of individual metering devices is the responsibility of residents, therefore the Criminal Code has the right to demand the return of funds accrued according to the standards. If necessary, such a position is defended in court without much difficulty.

Debtors for housing and communal services are traditionally understood as individuals who own housing or live in it under a contract social recruitment. However, the owners of apartments in multi-storey buildings are not only citizens. Substantial part housing stock is at the disposal of municipalities and various state bodies.

Apartments in ordinary MKDs can be owned by different ministries, which use them as official housing and for other purposes. For example, quite a lot residential areas is owned by the Ministry of Defense. By the way, it is it that is considered one of the main debtors for a communal apartment among owners who are not individuals.

Municipalities involved in the provision of housing under social rental agreements also often believe that in a difficult situation, utility bills can be neglected. It is often even more difficult for representatives of managing organizations to convince officials of the need to pay off debts than for ordinary citizens. In this case, it is often necessary to resort to the help of regulatory authorities, in particular, the prosecutor's office.

Simplified procedure for collecting debts for utilities in arbitration courts

What methods can be used to conduct pre-trial work with debtors for housing and communal services

Method 1. Find debtors who do not want to pay utility bills

There is a certain category of residents who fundamentally do not want to pay for utilities. They appeal to the fact that the services provided to them are of low quality, not corresponding to the payment for them. It is very important to explain to residents that non-payment of utilities is not an option, and there are legal methods to solve the problem.

Method 2 You can increase the collection of utility bills with the help of subsidies

Advise tenants not to accumulate debts, but to solve their problems through legal methods - for example, apply for a subsidy. After all, a person can lose his job, lose his already small income, simply get sick - there are many reasons for accumulating debts for housing and communal services. The subsidizing mechanism is designed to help people in difficult situations. A subsidy can be obtained if the cost of a communal apartment “eats up” 22% of the total family income. In the subjects of Russia, this percentage may be different, however, it cannot exceed the figures set at the federal level.

To ask for help from the state, you need to collect a minimum package of documents.

There are other types of benefits for paying utility bills that are valid for various categories of people. Information about them should be posted on information stands or communicated to residents orally.

Method 3 Offer to conclude an agreement on debt repayment

If personal communication and work with the housing and communal services debtor were not successful, you can proceed to pre-trial claims practice. An official claim can be sent by registered mail or handed in person under the signature. For many debtors, an official document becomes a decisive argument in favor of debt repayment.

After serving such a claim, almost half of the debtors immediately go to pay off their debts - they are afraid of the onset of more serious consequences. Read in the magazine "".

Method 4 Create inconvenience for debtors for housing and communal services

There are two legal methods of working with housing and communal services debtors:

restriction of the right to travel abroad;
disconnection or restriction of housing and communal services.

Working with housing and communal services debtors in court

When working with housing and communal services debtors in a judicial proceeding, the following actions are performed: required documents, drawing up a claim, participation in court hearings, obtaining a decision and writ of execution.

Distinctive feature court proceedings is that the parties to the case compete on equal terms. Accordingly, the public utility must prove to the court that the defaulter has accumulated just such a debt, and that the company itself has the right to demand its payment from the debtor. In turn, the owner of the apartment or its tenant can challenge these requirements. Often defaulters have claims precisely to the amount of the debt. They appeal to the fact that, in fact, utilities were not provided in full, the tariffs for which fees are charged were set illegally, and charges were made with errors.

A claim against a non-payer must be prepared with particular care: it is necessary to collect documents confirming the amount of the debt and attach them to the claim (Article 132 of the Code of Civil Procedure of the Russian Federation). It is worth noting that if the managing organization and the citizen do not have an agreement on the provision of housing and communal services, this is not a reason for him not to pay a communal apartment.

The law does not provide for mandatory repayment of debt in pre-trial order. If this norm is not spelled out in the contract for the management of an apartment building, then Management Company can immediately sue the debtor without sending him any notifications and demands to liquidate the debt.

If the defendant, who was informed of the place and time of the meeting, did not appear in the courtroom without a good reason and without a request to consider the case in his absence, the trial may proceed in absentia.

The party that wins the case will be able, by a court decision, to recover from the other side all the losses incurred during the proceedings, including the costs of state duty and a lawyer.

The execution of the decision of the court (or any other bodies and officials) will be monitored by federal Service bailiffs.

If the debtor does not comply with the court decision within the time limits established therein and without good reason, bailiffs may issue him a decision on a temporary ban on travel abroad. Such a document is issued at the request of the recoverer or on the own initiative of the bailiff service.

When working with debtors, management organizations have recently often used such an effective argument as the threat of entering information about overdue payments into a credit history. Many debtors are unaware of this risk. Getting into such a "black list" for a significant part of them is highly undesirable, since a considerable percentage of non-payers are quite wealthy people who do not pay for a communal apartment not at all because of a lack of funds.

For example, there are many debtors who purchase investment property. If you own several apartments, non-payment may simply be due to the fact that a person forgets to pay money.

The Criminal Code needs to be explained to such debtors that information enters the credit history 10 days after the court makes a decision to collect the debt. Thus, the defaulter is given a reasonable delay in payment even in this case. If he repays his debts in 10 days, he will not incur any reputational costs.

The managing organization can argue its position in different ways. The most effective here are the classical arguments that damage credit history due to a debt that will still be collected, may prevent a person from taking out a loan for any purchase or taking out a mortgage in the future.

Enforcement measures:

Foreclosure on the non-payer's property: money, deposits, securities.
Foreclosure on wages, pensions and other periodic payments that the non-payer receives on the basis of labor, civil law or social relations.
Foreclosure on the property rights of the non-payer - for example, on the right to receive payments for enforcement proceedings in which he is a claimant, the right to receive payments for hire, rent, as well as exclusive rights to the results of intellectual activity and means of individualization, the right to claim under contracts for the alienation or use of the exclusive right to the result of intellectual activity and means of individualization, etc. .
Seizure from the defaulter of the property awarded to the claimant.
Seizure of property of a non-payer in pursuance of a court decision.
Re-registration property rights from a non-payer to a recoverer in the cases and in the manner established by the current legislation.
The performance of the actions prescribed in the writ of execution on behalf and at the expense of the non-payer without his personal participation (if possible).
Forced eviction of the defaulter from the apartment.
Liberation non-residential premises(warehouses and storage facilities) from the property of the defaulter, a ban on staying in them.
Forced eviction from Russia of foreign citizens or stateless people.
Other actions that are provided for in federal law or executive documents.

Work with debtors of housing and communal services with the help of writ proceedings

Federal Law No. 45-FZ of March 2, 2016 introduced new provisions into the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation, which entered into force on June 1, 2016. They concern the orderly procedure for collecting debts for housing and communal services, as well as telephone communications.

Order production is new order consideration of indisputable claims of the creditor. Now they can be considered in a shortened time without a trial and hearing the views of the parties, but only with the help of a study of the written evidence submitted by the creditor. The result of such proceedings is the issuance of a court order.

court order- it court order and executive document in one paper. A creditor who has been issued a court order can immediately begin collecting the debt.

Previously, such a procedure was also provided for in some lawsuits, but it was not mandatory for housing and communal disputes.

Order production is designed to make judicial protection creditors more quickly, and the execution of judicial acts - more efficient. Such proceedings remove the need for the courts to take on cases that do not need detailed consideration, that is, cases with undisputed claims. It is still difficult to assess the new institution of order production. Nevertheless, it is already possible to define new requirements for working with housing and communal services debtors.

The benefits of a court order include:

promptness of issuance - within 5 days from the date of submission of the relevant application to the court;
absence judicial procedures– proceedings, summoning the parties, hearing their opinions;
equating a court order with writ of execution, enforcing it in the appropriate order.

However, the court order also has a number of disadvantages - first of all, for the non-payer. He can't learn about motivation decision because it is not included in the court order. In addition, he has no control over the collection process itself, and this can lead to encumbrance of his property and a ban on leaving the country.

Receipt managing organization a court order does not mean that the debtor will soon return the money. It often happens that the owner of the apartment has no money and official source income that could be levied. If the debtor really does not work and is ready to meet halfway in paying off the debt, then he can be offered to work it out. So a person can gradually remove monetary requirements from himself and get even a small income.

The proposal to work off the debt for housing and communal services is one of the compromise solutions in the arsenal of managing organizations. When implementing such a scheme, the management company can fill the existing vacancies and intensify work on some important this moment direction. In addition to the source of income, the debtor is offered to get rid of penalties and compensation for court costs. The latter will be inevitable if the homeowner does not become active in repaying the debt.

For more information about the possibility of attracting debtors to work off, correct design you can find out such a scheme and other intricacies of the process in an article from the magazine article “ MKD management» - « ».

Work with housing and communal services debtors: 4 stages of obtaining a court order

Stage 1. Applying for a court order.

If there are overdue debts for housing or utilities that do not exceed the amount of half a million rubles (clause 1 of article 121 of the Code of Civil Procedure of the Russian Federation), the creditor has the right to apply to the court for a court order. In this case, the claimant can be a management company, an HOA, a housing cooperative, a resource supply organization, etc.

In other situations, disputes over the repayment of debts should be resolved on the general basis of action proceedings.

Stage 2. Consideration of the issuance of a court order made by a judge without a court session, without notifying the parties, without keeping a record.

The judge independently makes a decision based on the documents provided by the claimant. As a result, the order must be:

issued within five days from the date of receipt of the application from the claimant;
issued in two copies on a special court letterhead. One copy remains in court, the other is issued to the creditor. The defaulter receives a copy;
It is composed in two parts - introductory and resolutive. The main difference from the court decision is the absence of a descriptive part, that is, motivation. It is limited to a reference to the law that served as the basis for satisfying the requirements.

The court order is sent to the address indicated by the recoverer (creditor), and only once. But since the period during which the defaulter can send his objections to the court order begins to be counted from the date the order is received by the defaulter, and he can temporarily leave or move at all, it is possible to resend the order to a new location.

The non-payer may contest the court order within ten days from the receipt of a copy of the court order. If objections are received, the order will be annulled. When issuing a ruling on cancellation, the judge must explain to the claimant that he can file the same requirements, but already in the order of a regular claim. Copies of the court ruling on the cancellation of the court order must be sent to the parties within three days from the date of issuance.

Stage 4. If within ten days the defaulter does not send his objections to the court, the judge may issue to the creditor a second copy of the document with the official seal of the court. The creditor can immediately present it for execution.

A court order is enforced in the same manner as all court decisions.

The procedure for the transition to direct payments for utilities

Work with debtors of housing and communal services with the involvement of collection agencies

Working with housing and communal services debtors and collecting debts from them is an integral part of the daily routine of management companies, HOA and housing cooperatives.

Typically, management organizations do not involve collectors in their activities - this is not accepted in the housing and communal services sector. Firms managing apartment buildings, trying to collect the debt from the tenants on their own. At the same time, experts believe that in the near future, collectors will be much more active in attracting customers from the housing and communal services sector.

Collection activities are now strictly controlled by law. Requirements and restrictions for collectors are specified in federal law No. 230-FZ of July 3, 2016.

The management organizations themselves, which collect debts from the population, are not subject to this law. Firms that manage apartment buildings do not become collectors by collecting debts for housing and communal services, because:

by law, collectors are persons for whom the collection of debts from individuals is the main activity;
the law does not apply to debts under laws on housing and communal services, supply of utilities, handling of household waste, etc.

The Debt Collectors Act is only valid when the authority to collect the debt is given to a bank or a professional collection agency.

Management companies, homeowners associations and housing cooperatives can also independently work with housing and communal services debtors and collect debts from them. this sphere new law does not concern. The activities of collectors mean the implementation of actions to collect overdue debts from individuals, which is carried out by specialized organizations. The law on collectors clearly spells out the methods that can be used in dealing with non-payers, as well as methods that are prohibited.

When concluding an agreement with a collection agency, remember the actions that are prohibited when working with housing and communal services debtors. These include the following prohibitions:

to use physical force against the debtor;
for damage to property;
to use dangerous methods;
on psychological impact (insults, public humiliation);
to mislead the debtor, other options for abuse of the right;
to disclose information about the non-payer to third parties.

The prohibition of such actions should be duplicated in the text of the contract that you will sign with collectors. Threats to commit acts prohibited by the Law on Collectors are equated with such acts themselves and are also strictly prosecuted.

Be sure to read all the information about the collection agency with which you plan to conclude an agreement on working with debtors of housing and communal services. Only legal entities that are in the state register can collect overdue debts from the population. While this list is only being developed, it has not been approved in its final form. Therefore, it is worth paying attention to the statutory documents of a potential partner.

Only companies that have in their constituent documents the OKVED code 82.91 (collection of debts on receipts, their forwarding to clients) or 69.10 (activities in the legal field) can engage in debt collection at a professional level. The Law on Collectors does not allow using the services of more than one collection agency at the same time.

Is it legal to disclose lists of debtors for utility bills?

Work with debtors of housing and communal services: examples from practice

Here are a few examples of how work was done with housing and communal services debtors in different Russian cities in different periods of time.

Example 1 Power engineers and officials from the Ministry of Construction of the Omsk Region personally went to the house of malicious debtors for housing and communal services, who lived in the districts of Omsk with low-rise buildings. They talked to them, they were given notices, they were offered schedules for repaying debts. Cases of disconnection of houses from electricity were rather an exception. In total, citizens owe more than 108 million rubles to the housing and communal services of Omsk, and their accounts payable exceeded 78 million. As a result, non-payers were issued about 14,000 orders to pay off 29 million rubles of debts, and claims against non-payers exceeded one million rubles.

Example 2 The names of the worst debtors of Klimovsk are published in local newspapers. One and a half thousand Klimovites have accumulated more than 25 million rubles of debt to municipal utilities. Among them were citizens who receive a good salary, but at the same time do not put payments for housing and communal services among the primary expenses. It was their names that were supposed to be printed in the newspapers, and not lists of people who found themselves in a difficult life situation.

Example 3 The authorities of Khanty-Mansiysk have developed their own method of dealing with non-payers: here they began to deduct debts for housing and communal services directly from the salary. Thus, the main way to work with housing and communal services debtors was to contact their employers directly. Public utilities in court sought to recover the debt directly at the place of service. For a debt of up to ten thousand rubles, public utilities issued notices to the debtors themselves, and when the amount passed the mark of 15 thousand rubles, the case was taken to court and to employers.

Example 4 AT Tyumen region people became debtors out of ignorance. Residents of the village of Poikovsky owed a huge amount to public utilities - almost four million rubles. Many of them have not paid their utility bills for years - for example, in four years some of them have accumulated a debt of 13,000 rubles. Utilities monthly came to the debtors, warned about possible shutdowns of services and eviction, but these actions did not give any result. Nevertheless, housing and communal services employees continued to go to the debtors, and then began to sue them and evict them from their apartments. In total, 700 families of Poikovsky were listed as debtors. The public utilities fought them only in court, but the bailiffs faced another problem - there was nothing to take from the debtors. Non-payers rarely showed conscience, but often complained about public utilities, and some of them did not even know that they had to pay for an apartment.

Example 5 A creative method of debt collection was developed by public utilities of Surgut. They transferred information about debtors to the passport office, and they were deprived of the opportunity to receive any certificate or service. Thus, the public utilities did not want to deprive residents of the certificates they needed, but only to inform about the debt and encourage them to pay it off.

Example 6 Employees of the municipal enterprise "Management of housing and communal services of the city of Kanash" found effective ways collection of debts from non-payers. So, they stopped power supply in 107 apartments. Such a measure of influence had its result: the majority of debtors partially or completely repaid the debt for electricity. Also, 546 lawsuits were sent to the court, they also became an incentive to pay debts. Lists of debtors were printed in local newspapers. The head of the city administration, by his decree, created a commission in the city for settlements of the population for housing and communal services. It was designed to monitor the completeness and timeliness of payment for housing and communal services, as well as to help reduce debt. 13 debtors were invited to the first meeting of the department. Two of them liquidated their debts as soon as they received notice of the commission, even before its meeting. The rest promised to do so as soon as the opportunity arose. Otherwise, they were threatened with deprivation of the apartment.

Work with housing and communal services debtors without errors

Error 1. The chairman (or manager) personally works with debtors and goes to court himself.

This is the first and most common mistake. The chairman or manager should not independently take part in litigation with tenants, apartment owners, HOA members or JSK. It is better that a representative of the organization acting on the basis of a power of attorney speaks in court. In addition, he must sign all lawsuits, petitions, etc. In this case, the chairman will feel the confrontation with the tenants to a lesser extent (although it will continue). Often, tenants do not pay utility bills for a long time precisely because of conflicts with the chairman, members of the board, or because of dissatisfaction with the chosen way of managing the house. So the management company may also face this confrontation.

There is another recommendation: it is easy to spur some non-payers to pay by a simple conversation, but not with the chairman of the HOA or the head of the Criminal Code, but with a lawyer hired to work with housing and communal services debtors. First of all, he must explain to the non-payer that the debt will be recovered from him in any case, but if you bring the case to court, this will create many inconveniences: the citizen will have to spend time and money on a representative in court, pay state duty, fines, penalties, court costs, incurred by the Criminal Code or HOA (HBC). Such conversations, along with written notices and receipts sent by registered mail under a signature, can lead up to half of the debtors on the right path.

In order to collect a debt in court, it is necessary to draw up a separate agreement for the provision of legal services- preferably, for each debtor individually. Please note: the courts collect the costs of a representative from the non-payer and only if there is a separate agreement that specifies the amount of these costs.

The general support of a lawyer can be specified in the cost estimate of the HOA (HBC) in the article “management costs”. But the costs of individual debtors will be carried out at the expense of these defaulters.

Error 2. Claims for debt repayment are sent to the court at the location of the apartment building.

The claim is filed not at the location of the house, but at the place of residence of the defendant. If the defaulter is not registered in the apartment for which the debt is registered (and now this is not mandatory), then the claim should be sent to the place of his permanent residence.

Error 3. If the owner, members of his family or tenants are not registered in the apartment, the fact of residence and use of housing and communal services must be established.

By the way, this applies not only to work with housing and communal services debtors. When it comes to payroll and current repair building, these costs must be borne by the owner without fail whether he lives in an apartment or not. The same can be said about uninhabited apartments owned by the municipality.

In order to present reasonable claims to the non-payer, the plaintiff must prepare strong evidence of his innocence. The following documents can serve as this:

acts signed by several persons (the chairman of the HOA, the head of the service company, members of the board or just residents);
report of the manager (commandant, etc.), confirming the fact of residence in a particular apartment of a certain number of people (family members or tenants);
receipts for payment of electricity (or a certificate from the power supply organization);
indirect evidence: information about a visit by a citizen to a nearby hospital, his children - a school or kindergarten.

Oral evidence can be witness statements. Both employees of the HOA or a service company (manager, commandant, even a locksmith!), And neighbors can act as witnesses.

Mistake 4. The conviction that the court itself knows everything.

This is not true. You must convince the judge that you are right. And the point here is not at all that the court initially treats you biased. Even if this is the case, you need to prove yourself that you are right. Proper pre-trial preparation is the first step on the road to success. The second step is good materials collected in a court case. The third step is your justified and reasoned position. If these three steps are completed, the court will have no choice but to recognize you as right and issue a positive verdict for you.

When you prove your position in court, it is necessary to provide reasonable and convincing evidence of your position and correctness, but emotions can do a disservice. Let them remain on the side of the defendant, but the plaintiff should get rid of them. That is why chairmen and leaders are rarely sent to court. Usually they come to the meeting once to argue their position, to prove their worth and professionalism. After all, firstly, they do not want to cause all the negative accumulated by the non-payer. Secondly, it is difficult for them to get rid of emotions, since they can be neighborly and even friendly with the defendant. In addition, as the same owners of apartments, it is especially unpleasant for them to see a defaulter living at the expense of their neighbors. Especially if this debtor is a wealthy person who does not pay only because of his own rudeness and neglect of others. Although defaulters are usually asocial persons, they also behave boorishly in court. All these circumstances lead to the fact that most often in court are independent lawyers hired by the plaintiffs. They have a fruitful effect on both the court and non-payers.

Attached files

Installation costing - dismantling of plugs.xls
KU Limit Notice.rtf
Warning about debt and about the limitation of KU.rtf

When it comes to receivables, it is important to assess the extent of losses in time and find a new effective business scheme. In 2012, we managed to reduce the level of overdue receivables by 2.5 times - from 24% to 9.5%, and increase the company's financial turnover by 15%. This was the result of the well-coordinated activities of three departments at once: financial, sales and security services. How to competently implement an algorithm for working with debtors?

Natalya Zhirnova,

Executive Director, Optimist

After reading this article, you will know:

How to work with debtors
How to build a receivables control system
Five steps to effective debt management

There are about 800 regular customers in the database of our company. With such a volume of trade, it is difficult to control the level of receivables. For example, if in January we sold goods for 100 thousand rubles. (conditionally) with an average delay of 30 days, which means that in February 100 thousand rubles should be credited to our account. However, often no more than 70 thousand were transferred to us, and the remaining amount was returned in March or even later. Consider, how to deal with debtors and how to build a new one receivables control system for a wholesale company operating in the b2b sector with a turnover of several billion rubles. in year.

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How to work with debtors: 5 steps to build a system for monitoring and accounting for receivables

Step 1. Change the motivation of sales managers

If a company uses a scheme of work with a deferred payment, then the question of motivating sales managers is extremely important, and the implementation of the business process should be based on the personal interest of the employee. Previously, in our company, the seller was given a bonus depending on the volume of goods shipped to the client and cut it for exceeding the rate of overdue receivables, but now for each sales manager there is a minimum point for cash receipts from the client, which is also the starting point for accruing bonuses. The minimum point depends on the break-even point of the company. For example, the lower threshold of monthly revenue should conditionally be equal to 100 thousand rubles. It is clear that if ten managers work in a company (and the turnover of each of them is approximately the same), then the minimum point is 10 thousand rubles. The accrual of bonus interest begins after the manager passes this point, which is determined individually for each employee, taking into account some factors. The minimum point is set for a certain period, for example, for a year.

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If the manager does not reach his minimum point, he receives only a salary (our salary varies depending on the length of service and sales volume of a particular employee, the minimum rate is 25 thousand rubles).

Thus, the manager monitors the result, which consists of several sources (prepayment, current payments or overdue accounts receivable) and seeks to ensure the maximum inflow of funds. For the company, this is a rather profitable scheme of work: if one of the customers does not fit into the payment schedule, the manager is interested in finding options to replace the receipt of payments in his group of clients.

Step 2. Enter weekly financial accounting

Previously, the manager used to control receivables once a month (usually at the end), and often payments came in unevenly - the peak was at the end of the month, when the entire department frantically began to collect money. The situation changed after the introduction of a weekly control system: the financial department generates the amount of overdue receivables for each invoice and distributes the information to the sales department. Managers make comments - "the client has already paid, we are waiting for the funds to be credited", "I informed the client, he will pay tomorrow" - and send the information to the heads of the commercial and financial departments. In non-standard cases, such as “the client asks for reconciliation and is ready to pay after signing,” the manager is also required to notify the financial service and his manager.

Based on data on overdue accounts receivable for the past month, a black list of debtors - clients who systematically violate payment discipline for up to 10-12 days is formed. Upon written notification, such a customer is transferred to a 50-100% prepayment for a period of up to three months.

Step 3. Control expected payments

According to a pre-arranged schedule for the receipt of funds (at least four weeks in advance), the manager organizes next steps. As soon as the goods are shipped and received by the client, it is necessary to find out if there were any problems with the quantity, assortment and quality of the delivery, and remind them of the planned payment deadline. A week before the payment deadline, the manager reminds the client in writing about the need to add our invoice to the payment schedule (previously, many payments did not arrive on time, because the client simply forgot about it). Also, a reminder is sent three days before the payment and on the eve of the date of the planned receipt of funds. In this way, we have minimized the delay in payments, and if the client cannot pay the fee in set time, then, as a rule, warns about it in advance. Nevertheless, the risk of non-payment still exists. How to deal with debtors in this case?

If the payment did not arrive on time, then the manager, within ten working days after the overdue payment date, independently works on the return of funds - sends reminder letters, conducts telephone conversations. During this period, it is necessary to document all stages of communication with the client: save letters, maintain a register of phone calls. All overdue customers are automatically included in the stop list, and the program does not allow the manager to form a further shipment.

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If a new order is received from the client within ten days, and the payment for the previous order has not yet been received, then only the finance department can authorize the shipment after checking the client (department employees keep statistics on the timeliness of payments) and with an official letter of guarantee.

Customers who delay payments for more than two weeks also go to the stop list. Financial service sends the client a letter of notification of the complete termination of the shipment until the receipt of funds to the account. In addition, the client must provide a schedule of expected payments. Usually we try to negotiate with the counterparty and agree on a solution that suits both parties. When it is not possible to agree, the manager sends one of the claim options to the customer. New conditions are fixed for a period of one to three months, depending on the frequency of customer purchases. A return to the previous system of work is possible subject to financial discipline.

If the problem cannot be solved within 21 days (the client does not make contact or asks for significant preferences), representatives of the security service start working. Data on the results of the work are generated in the form of a report.

If the payment has not been received, the collection of all documents related to the contract (the amount of the remaining goods, the collection of invoices) begins for possible appeal to judiciary. But this is an extremely rare measure - basically, customers transfer money even at the stage of getting into the stop shipment.

Step 4. Structuring receivables

Often the problem of late payments can be hidden in unresolved paper issues. For example, reconciliation has not been made and there is an unreconciled debt, the return of goods has not been carried out, claims have not been closed. To avoid such problems, we classified receivables by type: stock debt (for example, goods for the opening of a store), return of goods, underdelivery, other complaints. All information is collected weekly. A request for a solution is immediately sent to the appropriate service, which analyzes and solves the problem (to the complaint handling department, to the service department). All these issues are also controlled by both the manager and representatives of the financial department.

Step 5. We comply with the limit and form the priority of shipments

Another innovation is the shipment limit. The manager does not have the right to ship (sell) to the client a volume that exceeds the value of his average monthly order for the last three months. Previously, the seller worked with any application, and the client could afford to delay payments. Now, if the average monthly order is (conditionally) 5 million rubles, and the client sends an application for 7 million, the manager is obliged to coordinate it with the commercial director, as well as with the heads of the security service and finance department who must confirm solvency or request a letter of guarantee from the client company.

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As a result, the company practically does not have "hot" Fridays (the period of urgent fundraising for the past week) and the first week of the month, which was a failure in terms of finances. The schedule of shipments and payments has leveled off significantly.

It should be emphasized that priority in shipments is given primarily to those companies that work on a prepaid basis or make timely payments under the contract. Thus, we increased the company's cash flow by 15%.

Natalya Zhirnova Graduated from Moscow State Technical University. N.E. Bauman, faculty of power engineering, specialty "vacuum and compressor technology". She started her career in 2001 as a sales manager. She has experience in anti-crisis management, has developed a technology for the company to reach a stable level of solvency. In 2012, as part of the annual award of the magazine " General director” won in the nomination “Optimization of business processes” and entered the top 250 best Russian leaders in Russia.

"Optimist"- wholesale company, part of the commercial and industrial holding "Enthusiast". Sells equipment and tools for construction and repair. Represents products of world brands, develops its own trade marks. On the market since 1992. Official site - www.optimist-opt.ru

rockwool- manufacturer of non-combustible thermal insulation, sound insulation and fire protection. The Rockwool Group owns 27 factories in 17 countries in Europe, North America and Asia. The Russian division was founded in 1995 and occupies the third place in the group in terms of sales turnover - 11% of the total volume. Official site - www.rockwool.ru

Collectors are legendary. People of this profession have earned themselves not the best fame, despite the fact that most of the large collection companies operating in the market use quite civilized methods of debt collection. What is fraught with communication with the collector for you, and what methods of work of these people have provided them with a not the best reputation in the eyes of our compatriots? We will tell you more about this, as well as how the debt collection process should actually take place.

Legal methods of debt collection on a loan

The work of the collector begins after the transfer of the case of a particular borrower to him. According to the rules, a company that bought out a debt or started working on the principles of outsourcing (according to agency agreement), must notify the borrower in writing. There are several stages of collection of overdue debts. At each of them, collectors have the right to apply certain methods of influencing the debtor:

Early Collection (early collection). Creditors can call the borrower during the daytime, send sms-messages and letters to the registration address. Another name for this stage is Soft Collection, or soft collection. It lasts no more than 60 days. Both the bank and collectors can start Soft Collection, if the policy credit institution transfer of the borrower's case to outsourcing from the first day of delay is envisaged.
Late Collection (late collection). If the first stage has not yielded results, a late collection begins: letters, SMS messages and calls become more frequent, they become more persistent. The tone of the conversation is changing - collectors no longer ask, but demand to pay off the debt. Uncomfortable conditions are created for the borrower, but his rights are not infringed.
Hard Collection ("hard" collection). May start after 60 - 90 days of delay. Collectors try to meet with the borrower - visit his apartment, place of work. They do not have the right to disseminate information about the debt to strangers or relatives, but they try to communicate with the debtor. Intimidation, threats and blackmail are prohibited.
Legal Collection ("legal" collection). The debtor's case is being prepared for transfer to court. This period usually starts after 90 days of delay ( maximum term– 120 days).
Executive production. Since the state executive service is extremely slow, collectors assist the bailiffs - they can conduct investigations, provide information about the debtor's property, etc. Lawyers consider this moment controversial, since collectors do not have the right to collect information about their debtors, however this practice still exists.

Large collection companies conduct special courses where they teach employees the rules of dealing with debtors. Claimants are advised to be polite and at the same time persistent. It is strictly forbidden to violate the law or exceed your official powers. But this is a theory. We will talk about how the debt collection process actually looks like below.

The realities of life or how collectors work

On the forums you can find many messages in which people complain about the actions of collectors. The life of debtors turns into a real nightmare if their cases end up with the so-called "black collectors" - collectors who use illegal methods of debt collection. Most often, blackmail, threats and telephone terror are not the result of politics. collection company but the consequence of the dishonesty of a particular employee.

Debt collectors receive a piecework salary - in other words, the amount of their income depends on how much arrears they managed to collect in reporting period. Therefore, many of them use methods of work that are contrary to the policies of the employing company, but allow them to collect as much debt as possible. Notable companies, including "Bailiff", "Sequoia", "EOS" and others, value their reputation and strive to work within the boundaries of the legal field. However, in some cases, the "black" methods of work are approved by the agency itself: as a rule, this applies to small firms.

The following actions of collectors are considered illegal:

Refusal to introduce yourself before the start of the conversation, stating your last name, first name, patronymic, position held and the name of the company-employer. At a personal meeting - refusal to present documents (including those on the basis of which the collector starts working with you - an agreement with a bank, etc.).
Coarseness. The collector is obliged to address you by your first name and patronymic and must not become personal, insult you, accuse you, etc.
Calls and sending SMS-messages from 22:00 to 06:00.
Disclosure of information that is a bank secret (including information on the presence of a delay, the amount of debt, etc.) to third parties.
Acceptance of cash from the debtor. It is forbidden to give funds into the hands of collectors: the delay is repaid either to bank accounts or to the accounts of a collection company (if the debt is redeemed).

Collectors often use methods of "psychological pressure": they call the borrower 10-15 times a day, including at night, send threatening sms, look for meetings with debtors. An even greater violation is an attempt to influence debtors through their relatives or management: collectors inform relatives about the amount of debt and intimidate them. They can come to work and talk to management, asking to "punish" the debtor. Unfortunately, some "old-school" managers take the side of exactors and may demand that the employee pay off debts, threatening to be fired.

A crime (punishment for which is provided for in Article 163 of the Criminal Code of the Russian Federation - up to 4 years in prison) is extortion. Debtors are intimidated by the dissemination of information about the debt, imprisonment, confiscation of all property (recall, the apartment or house, which is the only place of residence of the borrower, cannot be seized from him according to the law).

Rarely, but still there are cases when collectors threaten physical violence. Such actions fall under the provisions of Art. 119 of the Criminal Code of the Russian Federation: one of the penalties is imprisonment for up to 3 years.

Attempts to “pressure” the borrower through his relatives or employer are also criminally punishable. Art. 137 of the Criminal Code of the Russian Federation for the collection and dissemination of information about an individual to others individual using his official position provides for punishment in the form of a fine in the amount of 100 to 300 thousand rubles, forced labor for up to 4 years with deprivation of the right to hold certain positions, arrest for up to 6 months, imprisonment for up to 4 years. x years, etc.

Also criminally punishable is the penetration of collectors into the debtor's housing against his will (when the collectors literally “break into” your house). Article 139 of the Criminal Code of the Russian Federation provides for a fine in the amount of 100 to 300 thousand rubles, arrest for up to 4 months, imprisonment for up to 3 years, etc.

If you have brought your relationship with a creditor to the point of referring cases to a collection agency, remember that you have enough rights to protect your own interests. The main thing in this matter is knowledge of the laws and