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For your information: how contributions are collected from non-payers in SNT

CrimeaPRESS reports:

The territory of garden non-profit partnerships (SNT) is usually landscaped only at the expense of contributions from their members. What condition the roads will be in, how snow will be cleared in winter, whether garbage will be taken out — all this primarily depends on the collection of payments. Therefore, experts RBC note that the most pressing issue for SNT is the collection of debts from non-payers. Let’s discuss this issue with a lawyer. The expert in this material is Dinara Khakimova, head of the legal department of the Russian Union of Gardeners.

Collects unpaid dues always SNT represented by the chairman. Even if the owner of the land plot is not a member of the SNT, but his plot is located within the boundaries of the partnership, he is also obliged to pay contributions. Although there is a difference in the recovery procedure from these two categories of landowners.

. What it is?

Litigation proceedings – a statement of claim is filed to collect a debt, and the proceedings are carried out on the basis of adversarial and equal rights of the parties – court hearings, meetings with procedural opponents, communication with a judge, etc.

Writ proceedings — an application for the issuance of a court order is submitted, and the case is considered by the judge alone, without conducting a trial, without calling the persons participating in the case, only on the basis of written evidence submitted by the claimant in support of his claims.

Recovery from a member of the SNT

If the debtor is a member of the SNT, then first you need to go through writ proceedings. The chairman of the SNT submits an application for a court order with all the necessary documents attached to the judicial division of justices of the peace (if the debt is up to 124 thousand rubles). rub.) at the place of registration of the debtor. When filing a claim, you must pay a state fee. For such claims, it is 50% of the amount of the state duty, which is paid when filing a claim.

Features of writ proceedings:

In case of debt up to 500 thousand roubles. the application is submitted to the justice of the peace;

The court independently issues a recovery order;

It is not possible to convey the missing documents;

Five days are given for issuing an order;

  • The debtor has a month to file objections;
  • Lawyers’ services are not reimbursed;

  • All stated requirements are satisfied;
  • The three-year limitation period does not apply;

    43569 The debtor has the right to cancel the court order simply by unmotivated objections, and then the claim will have to be filed.
    43569 Procedure for applying to the court

    The lawyer recommends that you first file a claim in the framework of writ proceedings. If the order is disputed, then the case will be considered within the framework of the traditional — action proceedings.

    Even if the owner of the land plot is not a member of the SNT, but his plot is simply located within the boundaries of the partnership, he is also required to pay contributions

    Collection from a non-member of the SNT

    In the event of the cancellation of the court order by a member of the SNT and the collection of debt from citizens who are not members, or if the amount of debt is more than 500 thousand rubles. you will have to file an application in the order of action proceedings.

    Features of the action proceedings:

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