What happens if you do not pay for utilities

1. penalties

In the case of force majeure briefly delay the payment for utility services may be: in the first month of the penalty is not provided. But from the 31 th day you will start to accrue interest. The financial penalty is provided for each day of delay, including the date of repayment. Thus interest may not exceed the amount of non-payment.

With the 31's to the 90 th day of the non-payment of a daily allowance will be 1/300 of the refinancing rate of the Central Bank of the Russian Federation (it isOn the refinancing rate of the Bank of Russia and
key rate Bank of Russia key rate of the Central Bank of the Russian Federation and of 7.25%The Bank of Russia has decided to keep the key rate unchanged at 7.25%
per annum) of the outstanding amount, then - 1/130 rate.

2. Termination of service

Heating deprive the debtor, and in an apartment building - and cold water according to the law will not work. But left without hot water, gas, power and sanitation can be after two months of non-payment.

according to the decreeRF Government Decree of 26.12.2016 N 1498 Government resursosnabzhayuschaya organization shall notify the debtor about the upcoming disconnected manner in which it will be possible to prove that the information reached the addressee. By law, it can be:

• a receipt notification when personal visit;
• registered letter;
• message platozhke;
• phone call conversation recording;
• SMS message;
• an e-mail;
• notification private office State information system of housing and communal services;
• resursosnabzhayuschey ad at the website of the organization.

If the response from the defaulter does not follow, employees 20 days limit the provision of services, such as will provide its bounds. After another 10 days, the organization can completely cover the necessary valves or, in the case of sanitation, insert the plug into the pipe.

Thereafter, non-payer will have to pay not only imperative but also the costs of the trip.

If you restrict the provision of services for technical reasons it is impossible, the company may immediately terminate its assist.

3. Familiarity with bailiffs

If the utility lost hope to reach out to the conscience of the debtor, they can go to court.

Since 2017 debt collection for utility services is simplified procedureResolution of the Plenum of the Supreme Court. Previously, this was preceded by a full trial, but now the decision is made within five days, and without the participation of the defaulter. Debtor comes two notifications: the fact that the court has received documents of debt, and a writ of recovery of non-payment. After receipt of the notice he has 10 days to challenge the decision of the court, or more if you did not have time to do it for a good reason.

If the decision is made in favor of the service provider, in the case enters the Federal Bailiffs Service, which has its own leverage on the defaulter:

• The ban on travel abroad. The debtor will not be releasedFederal Law "On Enforcement Proceedings" out of the country, if the amount of its liabilities exceeded 30 000 rubles.
• Retention of the income. Bailiffs can redirect resursosnabzhayuschim organizations up to 50% of income received on the account of the debtor. But some sources of funds can not impose a penaltyFederal Law "On Enforcement Proceedings".
• The arrest of bank accounts. At the request of bailiffs Bank will block all movement of funds in your accounts.
• The arrest of the property. If the debt exceeds 3000 rubles, the defaulter will describe the property and the prohibition to dispose of them. Subsequently, if the debt is not to repay, tangible assets (but not allArticle 446 CCP RF) Can be sold at auction, and the money will transfer in resursosnabzhayuschuyu organization.

4. Denial of credit or mortgage

After the trial, the defaulter gets into base bailiffs and information on its debts can get anyone. The bank, in which you apply for a loan or mortgage, site of the Federal Bailiff Service will study one of the first. And debts are more likely to become the basis for refusal to issue money.

5. Eviction

Municipal housing

If you live in an apartment on the social contract of employment, you will be asked to release her after six months of non-payment for municipal services. This measure is provided by the Housing CodeArticle 90 of the Housing Code Russian Federation. Without housing do not leave, but will have to make room as it should: the municipality will provide in return a flat area at the rate of 6 square meters. m per person.

In reality, defaulters are being evicted is not so often, but in practice there. For example, this year in Ufa Court issued a decisionWhy the mayor's office in Ufa began again to evict for debts of housing and communal services against two tenants of municipal apartments for the debts of 250 000 and 350 000.

From their homes

In theory, for the debts of the communal, and you can lose the apartment, which is owned by. In practice, this measure is not implemented because there are nuances in the law:

1. The debt for utility services should be commensurate with the cost of the apartment.
2. Accommodation should not be the onlyArticle 446 CCP RF.

So if the owner of several apartments, and the debt is equal to the value of one of them, the court may decide to sell it. Property put up for public auction. Money from the sale will go resursosnabzhayuschim organizations, and the balance, if it will be returned to the owner.

Therefore it is better to pay utility bills on time. How to do it, already Layfhaker I wrote.