Today, a debtor still has to prove the illegality of collecting statutorily protected payments. For this, he or she has to gather documents identifying the source of such income (by providing references or resolutions evidencing the fact that those are funds statutorily protected from collection).
For instance, if we are talking about child support, then he has to submit a court resolution on payment of child support, testimony by the other parent, bank statement documenting that it was the other parent who remitted the money, etc.
These documents should be used to challenge the legality of bailiffs’ activities and to demand the collected monies to be returned to a local bailiff service. However, Pavel Medvedev says that in the majority of cases an agreement cannot be reached and debtors have to apply to court. “If bailiffs fail to respond, then the complaint must be filed with the chief bailiff or, alternatively, directly
to court”, confirms Timur Khutov, Head of Criminal Law Practice, BMS Law Firm.