In the summer of 2016, the Left Bank Department of Bailiffs of the Nevsky District of the Federal Bailiff Service of Saint-Petersburg initiated the enforcement proceedings. The bailiff did not send the resolution regarding the proceedings, however, they collected the money from the debtor, who became by then already our client. Later the bailiff also issued a resolution to recover the enforcement fee from the debtor in the amount of 7% of the debt, citing the fact that the debtor has not repaid the debt voluntarily within five days from the date of initiation of the enforcement proceedings. Believing that the collection under the described circumstances is against the law, we appealed to the Nevsky District Court with an administrative claim against the bailiff E. S. Chubinets.
The Nevsky District Court found the inaction of bailiff E. S. Chubinets legitimate, and made a decision (case of 2A-3177/2018) denying our claim, based on statute of limitations, and the fact that the debt under the writ of execution was not repaid in time, which, by the way, the debtor did not know until much later.
We appealed to the Saint-Petersburg City Court, which overturned the first instance decision, declaring illegal the decision to recover the enforcement fee, since the notification of the initiation of enforcement proceedings is the main evidence of the debtor’s fault and the basis for the liability in the form of the enforcement fee, and in the absence of such notification, the enforcement fee is not subject to recovery.