Enforcement proceedings for debt collection. Collection under a writ of execution through bailiffs. To receive the required capital, you must

Collecting debts of any nature through a lawsuit is quite a long and expensive matter. However, when starting to fight “for their money,” not everyone realizes that the court cannot always put an end to the litigation. Very often, instead of it, the plaintiff receives a “fat comma” and the beginning of a new process - debt collection through enforcement authorities, the Federal Bailiff Service.

Debt collection procedure

A situation where the defendant agrees with the court’s decision and is ready to pay the debt voluntarily after a court decision can be considered simply ideal. In practice it rarely occurs. Most debtors prefer to pay when there is nowhere to go. Compulsory execution of judicial acts in Russia is carried out on the basis of the Federal Law “On Enforcement Proceedings”.

In general, the debt collection procedure is as follows. The court makes a decision and issues a writ of execution, which serves as the basis for bailiffs to enforce the debt.

In accordance with Article 64 of the above law, the bailiff has the right to apply a wide range of measures. In short, this is the seizure of the debtor’s property and funds, verification of financial documents, search for the debtor and his property.

Immediately after the court decision enters into legal force, the court must issue a writ of execution to the claimant, or send it to enforcement proceedings at the request of the claimant. Thus, from the very beginning, the execution of a court decision depends on the plaintiff, on his will and desire to collect money.

If the claimant has not received the writ of execution or has not written an application to send it to enforcement proceedings, then the court’s decision is “stuck” and the plaintiff will not receive the money.

When deciding whether to receive the writ of execution in your hands, or send it to the bailiff service through the court by mail, you should take into account that in practice there are cases when just sending the writ of execution to the FSSP authorities takes several months.

The procedure for collecting debt under a writ of execution through the bailiff service

Having received the writ of execution in hand, the claimant usually takes it to the FSSP department, which has jurisdiction over the territory where the debtor lives or his property is located. As stated in Part 3 of Article 30 of the Law “On Enforcement Proceedings”: “...at the place of execution of enforcement actions and application of enforcement measures.”

Having received the writ of execution, the bailiff initiates enforcement proceedings within three days, but he is obliged to do this only upon a written application from the claimant, in which the latter can set out his demands and petitions for property penalties and restrictions against the debtor.

If the writ of execution has been received by the service for the first time, the bailiff sets a period for voluntary fulfillment of the requirements contained in the writ of execution, which cannot exceed five days from the date the debtor receives the order to initiate enforcement proceedings.

The Law “On Enforcement Proceedings” determines the time limits for collection under a writ of execution. In general, in accordance with Part 1 of Art. 36 of the law, the requirements of the document must be fulfilled by the bailiff within two months. However, part 7 of the same article establishes that this period does not include periods when proceedings are suspended or postponed.

In practice, debt collection proceedings through a writ of execution can last a very long time. To speed up actions, you should include as much information about the debtor as possible in your application to the bailiff service. In addition, it is recommended to periodically remind the bailiff about yourself, ask what specific actions are being taken to collect debts and search for property, and insist in writing on repeated requests to banks and other organizations.

Independent debt collection under a writ of execution

The law provides for the possibility of independent actions to collect debt under a writ of execution. If there is information about the debtor’s bank account, the debtor can contact the bank with a request to write off the amount of debt from his account. The application should indicate the details of the account to which the money should be transferred, information about the identity document of the claimant, details of the writ of execution. The writ of execution itself is attached to the application.

If the amount of debt subject to collection under a writ of execution exceeds 25 thousand rubles, then the writ of execution can be presented at the debtor’s place of work or at the place where he receives other income.

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A writ of execution is a document issued on the basis of a decision of a court of general jurisdiction or an arbitration court. It is served after the court decision has entered into force, and implies the possibility of execution in the following ways:

• territorial body of the FSSP
• the plaintiff himself
• by contacting the plaintiff for help from a law firm

The last option is the most effective and efficient method of collecting the debtor’s receivables. By entrusting the work to qualified lawyers, the client receives a reliable guarantee of satisfaction of financial claims against the debtor at the required professional level, i.e. in accordance with the law, in full and as soon as possible. An experienced lawyer will check the quality of the sheet’s preparation, its compliance with other case documents and the debtor’s details, the awarded amounts and other formal requirements.

Failure to comply with the filling rules and mistakes made are often the main reason for the significant delay in the debt repayment process. It is known that a document drawn up carelessly and incorrectly cannot be used in production work.

DEBT COLLECTION BY BAILIFFS

A court decision to collect debts is far from a guarantee...

Time limits for collection under a writ of execution

In most cases, except for collections in certain cases, including judicial acts, acts of other bodies and officials in administrative cases, the law provides a period of up to 3 years for the collection of debt under a writ of execution (from the date the act enters into legal force).

When the arbitration court restores the missed period for presenting the sheet for execution, the latter can be presented for execution no later than 3 months from the date the court issues a ruling to restore the missed period. This procedure must be carried out in strict accordance with the law.

Documents containing demands for the collection of periodic payments are presented to the debtor for execution during the entire period for which they were awarded by the court, as well as later - up to 3 (Three) years after the end of the previously specified period.

There are other features and limitations of presenting a document to the defendant, which the specialists of the legal company “Legal Mil” will always help you deal with competently. We will carefully study your case and individually carry out a set of measures to legally and effectively recover your debtor’s debts.

FSSP or commercial bank?

How to collect a debt - through the bailiff service or through a bank? – This is the question most often asked by our clients. There are two main options for starting enforcement proceedings - submitting a document to the FSSP or to the debtor’s bank.

When contacting the territorial office of the Federal Bailiff Service, you must write an application, provide the original and a certified duplicate of the writ of execution, a passport and indicate the details of the bank account to which the debt compensation should be sent. If you do not have reliable information about the actual location, legal address of the counterparty, its assets, or in the event of a deliberate refusal by the debtor to repay the debt, the risk of non-payment of existing property claims may increase significantly. This is also due to the unproductive work of the FSSP bodies. Another obvious disadvantage of turning to bailiffs (unless, of course, you or your lawyer are competent specialists in such matters) is the length of debt collection procedures - sometimes it takes months just to send documents and have them accepted by the bailiff service. This is objective reality. Bailiffs very often violate the deadlines for working with enforcement documents established by law.

Another option for working with the debtor is to present the document to the financial institution servicing the debtor. Current legislation allows the plaintiff or his legal representative, if he has a issued writ of execution, to contact credit institutions. If the details of the debtor's bank accounts are known, you can submit an application to these financial institutions, demanding that the debt amount be written off from the debtor's accounts (in whole or in part) - in accordance with the presented writ of execution. Technically, this procedure is quite difficult and has many “pitfalls”, since banks, as a rule, are not eager to accommodate third parties (which is any non-client of the bank) to the detriment of the interests of their clients (which are those persons who hold in the bank your money). It is not uncommon for a bank to refuse to fulfill its obligation at the request of a creditor, citing even the smallest error or inaccuracy in the presented sheet or application. Therefore, it is critically important to approach the issue of working with the bank to collect the debtor’s debt in the most careful, responsible and competent manner.

Debt collection under a writ of execution

By contacting the lawyers of the Legal Mil company, the client has the opportunity to achieve the speedy satisfaction of his legal requirements. Debt collection under a writ of execution when concluding an agreement with Legal Mil implies the following works and services:

• Obtaining a document in court
• Checking for the correctness of its preparation and the limitation period
• Checking information about the debtor and assessing his financial condition
• Assessing the prospects for satisfying the client’s property claims
• Negotiating with the debtor about repayment of debts
• Working with the Federal Tax Service, FSSP and credit organizations to update information about the debtor, his bank accounts, assets and repayment of debt to the creditor

If the debtor refuses to repay his debt to the creditor, and collection through banks is difficult, the company’s lawyers turn to the procedure for initiating enforcement proceedings in cooperation with the authorities. We assist the Federal Bailiff Service in searching for liquid assets of the debtor. Active debt collection also involves the seizure by bailiffs of the debtor’s assets, the forced sale of his movable and immovable property and other actions.

Collection under a writ of execution organized by our experts will allow you to quickly and legally return your material assets back to the company. We provide our clients with democratic and open pricing, comfortable service conditions, in-depth expert advice on collection issues and support of enforcement proceedings. With us you have guarantees of a successful result. The main thing is to apply on time!

Call, write to us or visit our office and get advice at minimal costs and maximum results.

In accordance with Article 6.1 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings,” the Federal Bailiff Service creates and maintains a data bank of enforcement proceedings in electronic form. According to the public part of the Data Bank is published on the official website of the FSSP of Russia.

The information specified in Part 3 of Article 6.1 of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” is publicly available until the day of completion or termination of enforcement proceedings, with the exception of information about the return of the enforcement document to the claimant on the grounds provided for in paragraphs 3 and 4 of Part 1 Article 46 of the Federal Law, or on the termination of enforcement proceedings on the grounds provided for in paragraphs 6 and 7 of Part 1 of Article 47 of the Federal Law, which are publicly available for three years from the date of completion of the enforcement proceedings.

According to Part 3 of Article 6.1 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings,” the requirements contained in executive documents issued on the basis of a judicial act, the text of which, in accordance with the legislation of the Russian Federation, is not subject to publication, are not published in the publicly accessible part of the Data Bank. posting on the Internet.

To work with the bank, you need to select a subsection - search by individuals or search by legal entities. The section “Territorial Bodies” indicates the region of official registration of an individual, the place of stay or location of his property, the place of registration of a legal entity with the Federal Tax Service, the location of his property or the address of his representative office or branch (for example, Altai Territory).

In accordance with Article 33 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings,” enforcement proceedings may be transferred to another division of bailiffs. By decision of the Director of the Federal Bailiff Service - the chief bailiff of the Russian Federation, enforcement proceedings may be transferred to the Department for the Execution of Particularly Important Enforcement Proceedings. In this case: in the section “Territorial Bodies” it is indicated - the Department for the Execution of Particularly Important Enforcement Proceedings.

The date of birth for an individual is not required to be filled out. If the data matches, for more accurate identification you can fill in the field in the format DD.MM.YYYY.

If you have information about the number of the enforcement proceedings, you can obtain information from the database of enforcement proceedings through the section “Search by number of the enforcement proceedings”.

If you have information about the number of the writ of execution, you can obtain information from the database of enforcement proceedings through the section “Search by number of the writ of execution”.

The FSSP of Russia does not store or transfer to third parties personal data entered by users in the search form.

The service “Data Bank of Enforcement Proceedings” is provided only on the official website of the FSSP of Russia at http:// and sections of the territorial bodies of the FSSP of Russia located in third-level domains r**..

using the service Data Bank of Enforcement Proceedings on the official website of the FSSP of Russia online through the electronic payment systems of Promsvyazbank, QIWI (no commission), Tinkoff (no commission), ROBOKASSA, OPLATAGOSUSLUG.RU, WebMoney, Yandex.Money, PAYMO, Syst Projects City, Systems Pro simple Payments, GOSOPAYA, RFI Bank. The payment system PLATAGOUSUSLUG.RU also allows you to pay debts from a mobile phone account and through Euroset stores, and the Yandex.Money payment system through mobile phone stores;

using the “FSSP” application for mobile devices online through electronic payment systems;

through your personal account in the Sberbank Online bank by selecting the “FSSP of Russia” service (for users of Sberbank of Russia bank cards);

through instant payment terminals and ATMs;

using the service Data Bank of Enforcement Proceedings on the official website of the FSSP of Russia, print a receipt for payment and pay directly at the bank.

The entry in the Data Bank will be deleted or changed (in case of partial repayment of the debt) within 3 to 7 days from the date of payment, since the funds must be transferred to the deposit account of the bailiff department, distributed, and transferred to the recoverer.

If you have any additional questions, you can contact the bailiff department directly at the specified address or telephone number in order to obtain information about the receipt of funds or about taken and possible enforcement measures, such as, for example, a temporary restriction on travel outside the Russian Federation.

To clarify the nature and basis of decisions taken to collect administrative fines and tax payments, the FSSP of Russia suggests contacting the authorized body that made the relevant decision, or obtaining information on the official website of the State Traffic Inspectorate of the Ministry of Internal Affairs of Russia, or the Federal Tax Service.

You can obtain information about the progress of enforcement proceedings by contacting the Unified Portal of State Services at: https://www.gosuslugi.ru/structure/10000001012

Users of the social networks “VKontakte” and “Odnoklassniki” have the opportunity to obtain information about the presence/absence of debt through a special application “Data Bank of Enforcement Proceedings”.

You can also obtain information about the presence/absence of debt from mobile devices using the following portable operating systems: Android, iOS and Windows Phone. The application is easy to find and install on the appropriate systems from the Windows application “stores” on Windows Phone, from Google Play on Android, from the App Store on iOS, by typing “fssp” in the search.

Applications for social networks and mobile devices allow you not only to receive information about the presence/absence of debt in enforcement proceedings once, but also to subscribe to receive this information constantly. By subscribing, you will receive notifications about new debts or changes to existing ones.

The decision made by the court presupposes its voluntary execution by the debtor. But this does not always happen. In such a situation, the second party has the right to obtain a special document from the court - a writ of execution.

It makes it possible to apply a number of coercive measures to the debtor, designed to force him to comply with the court decision. Debt collection under a writ of execution can be done independently or with the help of bailiffs.

Actions to independently collect debt

Having a writ of execution in hand, you can independently take measures to collect the awarded amounts from the debtor. This will require information about his bank accounts. After which you need to contact the bank with an application and present a writ of execution there. Within three days, the required amount will be transferred to the claimant’s account if it is in the debtor’s account. The bank does not require the consent of the account owner.

In the case when we are talking about one-time or periodic collection of an amount less than 25,000 rubles. the application and writ of execution can be submitted at the debtor’s place of work. The employer's accounting department will automatically withhold part of the salary and send this amount to the account of the claimant specified in the application. The amount of such deductions is regulated by the provisions of Art. 137 and art. 138 of the Labor Code of the Russian Federation. Alimony is collected in the same way.

Actions allow you to solve the problem of non-execution of a court decision faster than by contacting a government body, such as the FSSP. The claimant's options are limited. If the debtor does not have funds in banks or official employment, it is impossible to get money from him on his own. Bailiffs, as representatives of the state, have great capabilities.

FSSP capabilities

The activities of the FSSP are regulated by a special law “On Enforcement Proceedings” (hereinafter referred to as the Law). It gives bailiffs broad powers. They can:

• request information from the tax authority and banks about the accounts or property of the debtor (Article 69 of the Law);
• demand repayment of the debt from funds in identified accounts (Article 70 of the Law);
• seize accounts and property (Articles 80, 81 of the Law);
• seize and then sell the property at a special auction to obtain the amount to pay off the debt (Article 87 of the Law);
• restrict the debtor’s travel abroad (Article 67 of the Law);
• confiscate driver's licenses and other special permits (Article 67.1 of the Law);
• search for the debtor or his property if their location is unknown (Article 65 of the Law).

Contacting the bailiff service

The claimant has three years to appeal to the bailiffs. This is a general term, with the exception of periodic payments such as alimony.

You can use the help of bailiffs to obtain them during the entire period and three years after its end. A year is allotted for debt collection for administrative offenses.

In order for the FSSP bailiff to take action, you will need an application for recovery under a writ of execution, a sample of which can be found on the service’s website. After receiving this document, enforcement proceedings are opened within three days, within the framework of which various actions are carried out aimed at paying the required amount by the debtor. From this moment on, the claimant can only wait for the result.

You should contact the territorial department of the FSSP where the debtor is registered or his property is located. Otherwise, the application will be returned as submitted to the wrong address.

The reasons for refusal to accept a writ of execution will be:

• absence of an application or the applicant’s signature on it;
• death of the debtor;
• missing a three-year period without a good reason;
• incorrect execution of the writ of execution;
• the presence of closed enforcement proceedings on the debt.

In all other cases, the bailiff’s refusal to accept the application and writ of execution can be appealed. To do this, a written complaint is submitted to the head of the department. A sample of it is presented on the FSSP website in the information for citizens section.

Actions of bailiffs to collect debt

Bailiffs have the right to independently determine how to collect the debt under the writ of execution, acting within the framework of the law. The information provided by the applicant will help them with this. The more complete it is, the faster you will be able to receive the awarded funds. When nothing is known about the location of the debtor or his accounts and property, the collection period will be long.

After the bailiff opens enforcement proceedings, the debtor is sent a resolution on this, indicating the deadline for fulfilling the obligation to repay the debt voluntarily. This is five working days. The resolution is sent by registered mail to the registration address. All actions are taken after the expiration of the period specified in the appeal to the debtor.

First of all, information about bank accounts is requested in order to foreclose on the funds in them. Banks do not have the right to refuse to provide information. After receiving the data, the bailiff sends a request to the bank to write off the funds. If there are several accounts, but none of them have the required amount, then write-offs are possible from all accounts in different amounts.

Previously, accounts and property may be seized. This measure is intended to protect the rights of the creditor and prevent the debtor from withdrawing funds or selling expensive property before receiving the debt in full. The arrest is carried out on the basis of a resolution, copies of which must be handed over to interested parties.

In the event that the debtor does not have funds from which the debt could be repaid, its collection occurs at the expense of the property.

This process includes the following stages:

• seizure of property;
• professional assessment;
• sale at special auctions or transfer to a claimant;
• return of the remaining funds (if any) to the debtor.

The debt can also be forcibly written off from wages. The procedure for the bailiff will be the same as for the claimant himself: contacting the debtor's employer with the corresponding requirement and the enforcement document.

The accounting department will transfer part of the earnings monthly (20%). If the debtor is dismissed or the collection period expires, the writ of execution will be returned to the bailiffs.

Can a claimant independently present a writ of execution to collect funds from credit institutions registered in the name of the debtor?

How is the procedure carried out, on the basis of what regulations, and in what order are information about the accounts registered with the debtor provided by banks?

You will learn from this material about in what cases it is necessary to contact bailiffs and how to collect a penalty from a developer through a bank using a writ of execution.

The law allows claims under writs of execution directly by the claimant, bypassing the procedure for opening proceedings with a bailiff. In some cases, if there is sufficient information about the debtor's bank accounts, this can significantly speed up the procedure and carry out collection with the greatest efficiency. Let's figure out whether it is possible for the claimant to present a writ of execution to the bank.

The procedure for presenting a writ of execution to the bank without contacting the FSSP

Information about accounts constitutes confidential data and is provided only to the collector and the bailiff upon presentation of a court decision and a writ of execution, this is indicated in Art. 102 of the Tax Code of the Russian Federation, upon presentation of a copy of the writ of execution, the document must be certified by a notary office or the court that issued it.

Based Clause 2 of Article 69 of the Law on Enforcement Proceedings, funds are recovered from both ruble and foreign currency accounts, but within the limits of the requirements specified in the executive document. It is also possible to receive funds from other funds placed in deposits, safe deposit boxes and safe deposit boxes for permanent storage. The exception is funds in collateral, nominal, clearing and trading accounts.

Foreclosure is applied to foreign currency in the absence of sufficient funds in accounts in Russian banknotes. Rights to securities are also taken into account.

Tax authorities and credit organizations provide responses to requests about debtors’ accounts within 7 days from receipt of the request on the basis clause 9 of article 69 of Federal Law No. 229.

When imposing collection measures by a bailiff, an enforcement fee in the amount of 7% of the collected amount is also withheld from the funds found.

Collection independently under a writ of execution through a bank can also be carried out upon receipt of information from other proceedings. To do this you need to go to FSSP RF website and enter a request with the name and region of registration of the debtor. As a result, a list of productions with contracts for bailiffs will appear. Perhaps in other cases, officials in the files have information about existing bank accounts, which will facilitate the debt collection procedure.

Special cases of debt collection without contacting the FSSP

In practice, there are situations with conflicts when collecting funds under several writs of execution with different categories of claims. The procedure for presenting legal acts and transferring funds according to them within the limit is clearly established by law and is not subject to violation.

Failure by the bank to comply with the writ of execution threatens the credit institution with large fines and sanctions, including the loss of its license.

The order of collection in case of competing claims in the bank. Legal requirements

The procedure for distributing information on several executive documents received by the bank is carried out on the basis of the rules prescribed in Art. 111 Federal Law No. 229:

1. First of all, funds are subject to collection for alimony, for compensation for harm to health and for the loss of a breadwinner, for compensation for damage caused by a criminal offense, under writs of execution for monetary payment in connection with the infliction of moral harm.
2. As a secondary matter, it is necessary to satisfy claims for payment of funds under employment contracts and severance pay, in connection with the use of the result of intellectual work to the owners of works or utility models.
3. In the third place, funds are subject to payment in favor of extra-budgetary funds or in favor of the state or municipal budget.
4. All other requirements are combined into the fourth stage.

When several persons present writs of execution to the bank at once, collection occurs in the order of one turn in proportion to the stated requirements, one by one, until the debt is completely covered.

Also installed Art. 855 Civil Code of the Russian Federation. The norm states that when several claims are presented, the payment of amounts is carried out on a calendar basis if there are sufficient funds in the account to cover the debt as part of a certain queue.

The return of the writ of execution by the bank is carried out:

• upon liquidation of an enterprise and closure of accounts;
• no cash receipts for 3 months.

Debt of alimony and presentation of a writ of execution to the bank

In practice, difficult situations arise when a demand for debt repayment in favor of a credit institution is simultaneously presented for collection. In this case, the law clearly interprets the purpose of priority payments. Child support payments are made first. If they are satisfied, the balance of the debt in the order of the second subsequent priority is transferred in favor of banking institutions.

If the accounting department at the debtor’s place of work violates the procedure for paying funds, for example, carrying out 50% of alimony and 50% of the debt to the bank from the next salary, you should contact the bailiff with a complaint if the collection took place through the FSSP of the Russian Federation. If the collector collected alimony on his own or represented the interests of the bank, then it is necessary to contact the court that issued the decision or court order explaining the procedure for executing the acts, or file a claim in court.

Important! Based Art. 111 Federal Law No. 229 The protection of children's property rights is a priority, funds are collected for them as a matter of priority.

Submit a writ of execution for alimony to the bank, then the transfer of funds must be made in the maximum amount established by law and a judicial act or an agreement on the payment of funds for child support, but not more than 50% of total earnings. If the claims are related only to alimony, then in some cases it is allowed to withdraw up to 70% of the debtor’s monthly income.

Debt of the developer and presentation of a writ of execution for execution

The practice of interaction with developers remains at a low level. Often, to introduce certain objects on the basis of agreements on shared participation in construction, a large brand is chosen by word of mouth. Believing the company's promises, buyers rush to donate funds for the construction of apartments. However, there is a violation of the pace of construction; work is not completed within the agreed time frame.

As a result, shareholders, according to the law on the protection of consumer rights, receive the right to collect penalties for each day of delay. If under contract or Federal Law No. 214 penalties can range from 0.5% per day, then according to Consumer Protection Law– 3% per day. Taking into account the actual circumstances and the guilt of the construction company in case of violation of quality standards or in connection with the violation of the deadline for delivery of the project, the court may reduce the penalties at its discretion to any extent.

Shareholders have the right to file claims for the recovery of penalties in the specified amounts through the court. If a decision is made in their favor, a decision is issued, on the basis of which a writ of execution is issued. The document can be presented to the bank where accounts are opened and funds of the construction company are placed, or it can be collected by seizing and selling the organization’s assets.

However, in most cases the value of such companies is fictitious. All fixed assets are registered in the name of another company, which leases the property for construction purposes. This could be special equipment, commercial premises. Even employees often enter into employment contracts and receive wages from another company. What should the shareholder do in this case if there is no cash flow in the developer’s accounts, but he has a court decision with a writ of execution that has entered into force, but has not been executed?

Practice shows that when financial schemes are used, the company’s accounts usually do not have sufficient funds. Those that go into construction are borrowed from the parent organization at huge interest rates and, in fact, there is a transfer of loans to perform certain types of work. In this case, the constructed real estate is immediately registered under assignment agreements (assignment of the right of claim) to another legal entity.

In order to avoid a situation where it is not possible to recover funds from the developer, you should carefully select an organization, check its assets and analyze the duration of activity in the real estate market. This will help to avoid financial risks and will allow collection to be carried out promptly if a decision is made to pay a penalty.

Another effective tool for this category of cases is the seizure of valuable property registered in the company’s name on the basis of a request for interim measures. The petition must be submitted along with the statement of claim. This will help preserve the assets of the company until a decision is made on the case.

When a debt arises and writs of execution are presented to collect funds in favor of the equity holder, if there are claims on loan obligations against the bank, the funds are transferred through the court as a matter of priority. If a loan is issued to the debtor, the funds are transferred to a special loan account and then used to cover the debt.

Due to the technical features of paying off a loan or mortgage, the debtor has the opportunity to transfer funds directly to repay the loan debt. However, in practice such situations are unlikely, since the transfer is still made using a current account. Upon presentation of the writ of execution, the demands are placed in a file cabinet and are subject to direct write-off in the first place.

The bank's debt to the consumer. Where to submit the writ of execution

If, according to the writ of execution, the debtor is the banking institution itself, then the document should be presented to the State Technical University. The Central Bank of the Russian Federation is the supervisory authority. The main thing is to correctly write the details of the claimant, such as name, TIN, registration address, basis for collecting funds and bank details.

You should not submit the application with the sheet to the same credit institution from which the funds are being collected, since the implementation of legal requirements in this case is delayed indefinitely. Submitting an application to the head office of the debtor bank will not help either.

Important: After submitting documents on debt collection from the bank to the State Technical Directorate of the Central Bank of the Russian Federation, the requirements are implemented within 1 working day, maximum 3, if there are sufficient funds in the accounts of the financial organization.

The procedure for filing claims independently by the collector or with the help of the bailiff service is described in detail in the law and remains transparent for both debtors and recipients of funds. Payments from some entities have certain features, as is the case with the tax service and developers under the law on shared participation in construction.

In some cases, it is possible to withdraw a writ of execution for debts from a bank if there are no funds in the accounts for a long time or claims are made through a bailiff.