Law // Lawmaking
Cell-phone balance to make up for debts
02/15/10
Debtors now stake their money on mobile accounts. On request of bailiffs, means on mobile accounts can be blocked and used for repayment of a debt.
Now it is useless to sue them or complain to some other organizations. Mobile operators and several subscribers have already tried to protest, but got no support. Some of these days, the presidium of the RB Supreme Court legitimated the actions of bailiffs. It is the Federal Law "On execution proceeding" that entitles them to this. It provides for an opportunity to repossess in a compulsory manner any property of a debtor with the exception of housing (if there is only one of it) and living essentials. Cars, household appliances, furniture and other liquid property, are the first to be sequestrated. All of these will be subsequently sold and the raised money will be used to pay the debt. There were even precedents when bailiffs had to confiscate pets. Alongside with the traditional means of recovery, bailiffs are also entitled to use such exotic ways as to arrest the funds spent for air, railway or bus tickets and now funds used for recharging of mobile accounts.
"The services of mobile operators are usually paid in advance. Certain sums are deposited in a subscriber's personal account from which the operator withdraws means for the rendered services. Thus, advanced payments that enter personal accounts are not property of cell-phone companies and belong to subscribers," the press service of the RB Department of the Federal Bailiff Service says as an argument in their own favour.
However, the line is still not drawn in the dispute between bailiffs and operators. According to the federal mass media, the top three cell-phone companies brought this case before the Arbitration Court of the Russian Federation. Operators use an argument the law about non-disclosure of personal information.
We would also add that in recent years the state heads on accretion of bailiffs' power. In order to raise the percentage of the executed judgements, bailiffs have the right to apply such measures as eviction of a debtor to a less comfortable housing or prohibition to leave the country unless his debt is totally paid. In future debtors may also be deprived of driving licence and entrepreneurs may not be given licenses necessary for their business.
Alfiya Sharafutdinova.