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 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; Lawyers’ services are not reimbursed; 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. 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: If the amount of debt is less than 50 thousand rubles, the statement of claim is filed with the court district of justices of the peace, if more, then in the district (city ) court; The statement of claim is filed at the place of registration of the defendant; 43569 The presence of the parties at court hearings is required; Usually (in % of cases ) a three-year limitation period for contributions will apply; The losing party shall reimburse legal costs. 43569Is it possible to file a claim against a group of debtors at once? In accordance with Part 1 of Art. Code of Civil Procedure of the Russian Federation, you can file a claim against several defendants living or located in different places. The claim is brought to the court at the place of residence or location of one of the defendants at the choice of the plaintiff. According to Part 1 of Art. 124 Code of Civil Procedure of the Russian Federation, the plaintiff has the right to combine in one statement several claims related to each other, except for the cases established by this Code. What data about the debtor is needed for collection? In accordance with Part 2 of Art. 124, Part 2 of Art. 50 Code of Civil Procedure of the Russian Federation when filing an application for a court order and / or statement of claim, you must specify one of the following identifiers of the respondent-citizen ( debtor-citizen): insurance number of an individual personal account (SNILS); 43569 taxpayer identification number (TIN); 7947455 series and number of the identity document. Is it possible to recover a debt before or without a trial? The pre-trial procedure for resolving disputes related to the collection of debts in SNT is not provided for by the current legislation of Russia. But if the SNT board believes that sending a notice of the need to pay off the debt will help to get debts out of court, then, of course, you can use this method of resolving the dispute. Read more at RBC: https://realty.rbc.ru/news/31da43569a705cf8c124
43569 Procedure for applying to the court Recovery of fees from members who challenged the court order and mandatory contributions / payments from citizens who are not members of the SNT;
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