The enforcement proceedings for debt collection were terminated
the property seized was returned to the entrepreneur from Orekhovo-Zuevo urban district
The Moscow Region Business Ombudsman recieved an appeal from individual entrepreneur about the actions of Orekhovo- Zuevsky district department of bailiffs of the Main Department of the Federal Bailiffs Service in the Moscow Region.
In October 2020, the Orekhovo-Zuevsky district department of bailiffs initiated enforcement proceedings to collect from an individual entrepreneur almost 57.5 thousand rubles for utility bills and loan debt.
According to the applicant, she was not notified of the initiation of enforcement proceedings and a copy of the order to initiate enforcement proceedings was not provided to her either. In addition, the applicant argued that she intended to challenge the amount of the debt to be collected, with which she did not agree.
At the end of March 2021, as soon as the applicant became aware of the initiation of enforcement proceedings, the debt in the amount of 57 thousand 426 rubles 95 kopecks was fully paid, payment documents were provided to the Orekhovo-Zuevsky district department of bailiffs.
On the same day, despite the payment of the debt, in the absence of the owner, property was seized from the store located in the shopping center in Orekhovo-Zuevo. At the same time, the bailiff who seized the property was aware of the payment of the debt. The act with the inventory of the seized property was not issued to the entrepreneur. On the portal of State Services the restriction of leaving Russia was issued within the framework of enforcement proceedings.
In addition, on the portal of the State Services, the author of the appeal received resolutions prohibiting registration actions in relation to transport and on collecting debt from wages, issued in the framework of another enforcement proceedings, the debt on which was also previously paid off.
Thus, as a result of the actions of the Orekhovo-Zuevsky district department of bailiffs, the businesswoman activity was completely paralyzed.
When considering the appeal by the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region, a letter was sent to the Main Directorate of the Federal Bailiffs Service for the Moscow Region to verify the legality and validity of the actions of the Orekhovo-Zuevsky District Department of Bailiffs in relation to this individual entrepreneur.
“Based on the results of the inspection, enforcement proceedings were terminated, the seized property was returned to the owner. The entrepreneur activity has been resumed”, said Vladimir Golovnev, the Moscow Region Business Ombudsman.