/Article How to work correctly with bailiffs?

How to work correctly with bailiffs?

So, you have received a writ of execution - now the most interesting, and sometimes the most difficult thing begins: actually getting your money from the debtor.

The execution of court decisions on the territory of the Russian Federation is carried out by the Federal Bailiff Service (FSSP RF), which is part of the Ministry of Justice. The FSSP of the Russian Federation carries out its activities on the basis of the Federal Law “On Enforcement Proceedings” No. 229-FZ of October 2, 2007.

The writ of execution should be submitted to the department of the Bailiff Service of the district where the debtor lives.

If the place of the debtor is not known, then to the Department located in the area where the debtor’s property is located, or to the department of the area that was the last known place of residence of the debtor. In general, as a rule, the area where the case is considered by the court and the area where the court decision is executed coincide.

Enforcement proceedings are initiated (namely, “initiated” - as in the Federal Law “On Enforcement Proceedings”) on the basis of a citizen’s application, which is drawn up (by hand or printed - it doesn’t matter) in two copies. The original writ of execution is attached to the application (be sure to keep a copy for yourself).

With these documents you go to the office of the bailiff service department: you give one copy of the application and the writ of execution to the office, on the second copy you put a stamp indicating the acceptance of the documents from you, indicating the date and signature of the person who accepted it.

Here in the office, or at the information stand, you can already see which bailiff will handle your case, since they have a territorial principle of competence: each bailiff is assigned certain streets and houses.

The bailiff, within 3 days from the date of receipt of the writ of execution, initiates enforcement proceedings or refuses to initiate them. The grounds for refusal to initiate enforcement proceedings are established by law: 1) failure to comply with the requirements for enforcement documents and 2) expiration of the deadline for presenting a writ of execution for collection.

In the first case, the fault lies with the court employee who issued the writ of execution. There is nothing you can do about it: you will have to write a new application for the issuance of a writ of execution and receive an already corrected document.

In the second case, the fault lies with the claimant, that is, with you, since the law establishes a 3-year period for submitting a writ of execution for collection.

In any case, the bailiff’s decision to refuse to initiate enforcement proceedings must indicate the basis on which the refusal occurred, so you don’t have to guess.

If everything is in order with the writ of execution, then the bailiff issues a resolution to initiate enforcement proceedings, a copy of which he sends to you and the debtor. In the resolution, the bailiff sets a period for the debtor's voluntary compliance with the requirements of the writ of execution - this period cannot exceed 5 days from the date of initiation of enforcement proceedings.

In addition, the bailiff notifies the debtor of the forced execution of the requirements of the writ of execution against him after the expiration of the established period with the collection of an enforcement fee from the debtor (7% of the collection amount specified in the writ of execution) and the costs of carrying out enforcement actions.

Our client R. has already won the case for the return of his debt in the amount of 1 million 230 thousand rubles. However, more than three months have passed since the receipt of the writ of execution and the start of the work of the bailiff. We decided to speed up the process of returning the amount to our client by appealing the bailiff’s inaction. At the same time, we advised R., if possible, to help the bailiff in the performance of his duties. As a result, with the help of a system of coercion and assistance, the amount was returned in just a few weeks.

If the debtor voluntarily fails to comply with the requirement to pay the amount of the debt within 5 days, the bailiff must take actions provided for by law to forcibly collect the amount of the debt from the debtor.

Here I want to make a small digression and talk about some of the features of the bailiff service. The fact is that the bailiff profession is low-paid and therefore not prestigious. Mostly people who work as bailiffs are either very young and not very experienced, or older people who don’t know how to do anything else, and are therefore lazy. However, there are pleasant exceptions to this rule: I personally had to work with bailiffs who were highly professional and not spoiled by public service.

But since such exceptions are, unfortunately, rare, I want you to remember: you need to work with the bailiff. This means that in most cases the bailiff himself will not take the initiative in enforcement proceedings and may limit himself to performing formal actions.

In addition, bailiffs are very busy with work, and they simply do not have enough time to complete everything that is required for enforcement proceedings on time. Therefore, if you have the opportunity, you need to offer your help to the bailiff: take a request for your debtor somewhere (for example, to the tax service), take the bailiff to the debtor to carry out enforcement actions, etc.

Collection under the writ of execution must be made within 2 months from the moment the bailiff receives the writ of execution (Article 36 of the Federal Law “On Enforcement Proceedings”). If the bailiff meets this deadline and you receive your money, consider yourself very lucky. In my practice, enforcement proceedings have never been completed within the period established by law. See above for the reasons for this phenomenon - here is the inexperience of the bailiffs, their laziness, and their heavy workload.

In principle, if within 2 months the bailiff has not collected the money owed to you, you can already appeal the inaction of the bailiff both to his head (senior bailiff) and to the court. But let's look at things realistically, if the bailiff does something, carries out any actions established by law, and you see that the person is really working - do not rush to complain. If, on the contrary, the bailiff is in no hurry to deal with your case and is limited to formal actions, then it is necessary to give the bailiff an incentive to work and appeal against his inaction.

So, the most important thing in working with a bailiff is to control the progress of enforcement proceedings: demand the opportunity to familiarize yourself with the case materials and ask to make copies of all documents of enforcement proceedings for you - the bailiff’s decisions, requests to various government bodies and commercial organizations, answers to the bailiff’s requests. Find out from the bailiff about his plans to collect the debt: what he plans to do, when; offer your assistance in delivering requests to the relevant authorities, etc.

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COLLECTION BY WORD OF EXECUTION WITHOUT BAILIFFS

R. KUZMAK

It is known that certain difficulties arise when executing judicial acts in the Russian Federation. This is due to the increase in the number of cases considered by the judiciary, the evasion of unscrupulous participants in civil transactions from the execution of judicial acts that have entered into legal force, the imperfection of the judicial system and the ineffective work of the Federal Bailiff Service. Let's consider independent methods of debt collection from legal entities that can be applied before resorting to enforcement.
Enforcement proceedings are the final stage of the civil and arbitration process, without which a judicial act does not give the result for which the person went to court.
After the judicial act has entered into legal force, the plaintiff has received a writ of execution, the execution of the judicial act can begin. The claimant can present a writ of execution to the bailiff service or try to carry out the collection on their own. The second option is more preferable because it is a faster method compared to turning to bailiffs.
When executing a judicial act to collect a debt arising from an agreement, the plaintiff always has information about at least one bank account of the debtor. The parties indicate this information in the details. The debtor can also obtain information about current accounts, for example, on the debtor’s website.
The collector, having information about the debtor's current accounts in credit institutions, has the right to send a writ of execution on the collection of funds or on their arrest to a bank or other credit organization (Article 8 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”) .
According to the rules of clause 1.1 of the Regulations “On the procedure for the acceptance and execution by credit institutions and divisions of the Bank of Russia settlement network of enforcement documents presented by claimants” (approved by the Central Bank of the Russian Federation on April 10, 2006 N 285-P), the claimant has the right to submit the enforcement document directly to the bank, in where the debtor’s account is opened, provided that he has information about the debtor’s accounts available there.
When contacting a credit institution in which the debtor has a current account, the debtor submits an application with account information and a request to write off funds to the debtor's current account. According to the rules of the above-mentioned Regulations of the Central Bank of the Russian Federation, the credit institution carries out the specified actions within three days and notifies the creditor of the result of the actions taken. This may be writing off funds if available, informing about the closure of the account by the debtor or the lack of funds.
If we go back a little to the beginning, namely the receipt of a writ of execution, then it is advisable for the claimant to immediately make a notarized copy of it, since the original of the writ of execution will be presented to the bank in which the debtor’s current account is opened. In parallel with the presentation of the writ of execution to the bank, the claimant on the basis of the specified Regulations and paragraphs 8, 9 of Art. 69 of Law N 229-FZ has the right, in the absence of information about the debtor’s current accounts, to apply to the tax authority with an application for the provision of such information, and the claimant may attach to the application not the original writ of execution, but a notarized copy. The tax authority provides the specified information within three days. After which the claimant can submit a writ of execution to other credit organizations where the debtor has current accounts, and in case of failure to receive the required amount of money, apply for enforcement to the bailiff service.
When concluding agreements with counterparties, it is advisable to obtain the maximum possible information about the legal entity and persons performing the functions of the sole executive body. This will make it possible in the future, if a party violates the terms of the payment agreement, to carry out collection as quickly as possible. Such information may include information about the actual location of the organization, the location of property (warehouses, equipment, etc.), current accounts, about the director, passport data with information about the place of residence (to call the debtor to an appointment with a bailiff or an investigator).
The listed information about the organization and the manager is not a trade secret and obtaining it when concluding a contract does not require extra effort.
Thus, in the process of debt collection, the speed of action and decision-making, as well as information about the debtor, plays an important role. The methods described above will allow the claimant to most quickly carry out collection before contacting the Federal Bailiff Service to initiate enforcement proceedings.

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In all cases, if the statement of claim is accepted by the court, the trial has taken place and a decision has been made, the interested party must proceed to the next stage called “collection by writ of execution.” Execution of court decisions occurs voluntarily and compulsorily through the federal bailiff service, as well as by presenting executive documents to institutions and bodies without the intervention of bailiffs.

For the process of executing a court decision, it is always necessary to obtain enforcement documents from the court or another body with the appropriate powers. There are several types, but most often it is a writ of execution issued by the court. In order to take it, it is necessary, after the decision has entered into legal force, to apply to the court (submitted through the office in free form with the details of the decision).

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Some documents issued by the court, for example, an order, are both its decision and an executive document at the same time. A number of decisions of other bodies that have legal force and establish the rights and obligations of the parties are themselves executive documents, for example: certificates of commissions on labor disputes, alimony agreements with notarization, acts of control bodies, resolutions that impose fines.

Executive documents are the only basis for enforcement by bailiffs. Let us briefly consider their types, since the collection process for them, with the exception of minor nuances, is in general very similar.

So, decisions of courts and other bodies are implemented on the basis of the following documents:

• Writs of execution. They are issued by arbitration courts and courts of general jurisdiction on the basis of their decisions and acts of other bodies. These are documents containing authoritative instructions about a certain action that must be performed or not performed.
• Court orders are court decisions made by judges alone, based on applications for the collection of sums of money, the recovery of movable property of debtors.
• Notarized alimony agreements.
• Executive inscriptions of notaries, in case of extrajudicial collection procedure provided for in a separate agreement or pledge agreement.
• Certificates of commissions on labor disputes.
• Acts of control authorities with documents indicating non-fulfillment or incomplete fulfillment of the legal requirements of these authorities, for example, when taxes are collected.
• Acts of courts or other persons on (fines).
• Decrees of bailiffs.

The writ of execution must be taken from the court and presented to the FSSP, even if the debtor has expressed a desire to comply with the decision after the court or partially fulfills it.

There are often situations when the debtor only promises to fulfill his obligations, comes up with dubious guarantees, but does nothing for this, but only stalls for time to hide his property or funds

Common parameters

There are three ways to use writs of execution to collect debt:

• Independent presentation of a document for collection through a bank, accounting department at the debtor’s place of work, or through other bodies in cases provided for by the Law “On Enforcement Proceedings”. That is, the creditor does not bother presenting the document to the bailiffs, but directly submits it to the organization for execution.
• Presentation to the federal bailiff service. Carried out for compulsory collection. The bailiff seizes the debtor's accounts, checks the availability of property, describes it, seizes it and sells it forcibly. If there is no property, the bailiff sends the writ of execution to the accounting department at the debtor’s place of work for deduction from income.
• The writ of execution need not be presented for execution if the debtor fulfills his duties voluntarily. It can be submitted to the bailiffs as soon as suspicions arise about evasion of debt payment.

Bailiffs and other bodies with relevant powers may refuse to accept a writ of execution if it does not meet the requirements of the law.

It often happens that an assistant judge or an office worker makes a mistake, so you should immediately check the correctness and completeness of the specified data, namely, the sample document should contain the following information:

• Name, address of the court or other body that issued the document.
• Last name, initials of the official (judge), his signature.
• Seal of the court.
• The name and number of the case that served as the basis for the extradition.
• The date of entry into force of a court decision, the issuance of a writ of execution, the deadline for presentation or an indication for immediate execution.
• Full name of the parties, address of their place of registration, registration, stay, location, date of birth of the individual. For the latter, the place of work, if any, is also indicated. For individual entrepreneurs – date and place of state registration, taxpayer identification number.
• It is mandatory for organizations to indicate the actual address, if known, the date of registration, and identification number.
• If the debtor is a budgetary institution, government agency, municipal entity - the name and address of the body that represents them and carries out management.
• A brief operative part of the court decision or act on the basis of which the document was issued. It must contain requirements imposing on the debtor the obligation to execute the decision for the benefit of the claimant.

The writ of execution may also indicate other information about the debtor, for example, bank accounts, location of property. If the claimant has complaints about the contents of the writ of execution, he can return it to the court office with a request to correct errors and include additional data, but only those that are in the court case.

If the document is accepted by bailiffs for execution, the claimant can inform the bailiff in writing about new circumstances relating to the debtor (change of residence, emergence of new property, etc.).

The enforcement documents must indicate the period of deferment of execution, if there is one in the court decision. Also, if there is an installment plan or payment procedure, this is indicated in it.

A correctly executed writ of execution must be accepted by the bailiff for execution within 3 days from the date of its submission to the FSSP at the place of residence, registration (actual location) of the debtor.

Possible schemes for recovery under a writ of execution

Each of the above two collection schemes (independent submission to the authorities executing the order or to the FSSP) under a writ of execution has its own nuances.

Independent work

Sometimes independent collection using a writ of execution is much easier than through the FSSP. For example, if there are details of bank accounts, the document should be immediately submitted to the relevant bank. If there are several banks, then you can make duplicate documents (or have them certified by a notary) and submit them to each.

This possibility implies the absence of barriers to the execution of a court decision, for example, when collecting through a bank (for example, Sberbank or any other) and submitting documents there, this institution freezes the debtor’s accounts regardless of whether he agrees or not.

Collection also occurs if the document is submitted to the accounting department - a percentage of the salary is withheld and transferred to the creditor’s account regardless of the will of the debtor.

Supervisory authorities have the right to present their acts to financial institutions for execution if taxes are collected. In these cases, the writ of execution is presented by the claimant himself, and not by the bailiff, which saves time and effort.

The writ of execution must be presented with a free-form accompanying letter of application. The main thing is that the claimant indicates his passport details (you can also attach a copy of your passport), full details of the debtor, all the details of the document and its brief content. And also a request to accept the document, write off the money and your bank details to which the money should be transferred. The original document is attached to the application.

The right to write off money from the debtor’s accounts in the absence of his consent is provided for in Part 1 of Art. 8 Federal Law “On Enforcement Proceedings”.

Even if the account numbers themselves are not known, writs of execution can be submitted. The main thing is that it contains the full name of the debtor, INN, number in the Unified State Register of Legal Entities, registration address, full date of birth - for individuals. persons The bank is obliged to accept and write off from those accounts that are opened in it and belong to the debtor. It does not matter whether their owner is an individual or a legal entity.

If the financial organization does not do this, does it at the wrong time, for example, gives the debtor the opportunity to withdraw money after the writ of execution has been submitted to the bank, you can file complaints with law enforcement agencies or the Central Bank of Russia.

The same algorithm of actions is used if the sheet is presented to the accounting department of the enterprise at the place of receipt of income. This can be done if the amount of debt is up to 25 thousand rubles., or when the claimant is not against collection from the debtor’s income, and also when the document itself indicates the method of deduction from income or the type of payments - periodic, for example, when alimony is collected.

Through bailiffs

The entire collection procedure is regulated by the Federal Law “On Enforcement Proceedings”. After the writ of execution is in the hands of the claimant, it must be presented to the FSSP.

The document must be submitted to the branch at the place of registration of the debtor. If it is known that he does not live at his place of registration, the document is submitted at the place of actual residence of the debtor, if known. For legal entities, it is advisable to submit at the place of their actual location.

You can also not take the document in hand, but write a petition to the court so that it is sent by the court to the appropriate department of the FSSP, then it is automatically sent by court officials to the bailiffs.

The writ of execution must be submitted with a covering letter of application. It contains a request to accept for execution all the details of the document (number, what, date of issue, names of the parties). They also indicate the applicant’s passport details, his details for transferring money and, necessarily, any information about the debtor and his property that is known to the claimant.

For 3 days from the moment the document is received, the bailiff opens enforcement proceedings, about which he issues a resolution, which is sent to the claimant and the debtor. The last one is given 5 days deadline for voluntary compliance. If alimony or periodic payments are collected, no deadline is established.

If the debtor did not manage to pay the debt within a voluntary period, he is charged an enforcement fee: for non-property claims 50 thousand rubles.- for legal entities faces, 5 thousand rubles.- for physical faces; for property claims – 7% from the amount collected, but not less 1 thousand with physical persons or individual entrepreneurs and 10 thousand- from legal persons

According to the law, the bailiff has 2 months in order to carry out all possible collection measures. These measures may take longer, for example, searching and inventorying property, targeting the detention of vehicles, and forced sale may last longer than the specified period. Enforcement proceedings may be stopped due to complaints from the debtor. The main thing here is that all measures should be started in 2 month term.

Measures taken by the bailiff to collect:

• requests to property registration authorities, tax authorities;
• arrest of identified accounts, securities, inventory and seizure of property;
• forced sale of property;
• deduction from wages and income;
• order to search for movable property and instructions for its detention;
• if the property belongs to spouses under the right of joint ownership, the bailiff is obliged to petition the court to allocate the debtor’s share, which is then subject to forced sale;
• travel ban.

As a rule, within two months the bailiff manages to apply all collection measures, but this does not mean that the debt will be paid - enforcement proceedings can last much longer. Successful cooperation and timely notification of the bailiff about new circumstances concerning the debtor can reduce the period.

After the presentation of the writ of execution, the main actions of the claimant to monitor the progress of the proceedings are requests and complaints. As a rule, bailiffs make inquiries to the property registration authorities, and if the debtor is not identified and he is not working, they return the writ of execution with a decree on the impossibility of execution; it must also have an act on the impossibility of execution.

The actions of officials may be incomplete, so lawyers recommend insisting in writing on repeated requests from the bailiff to the property registration authorities, banks, and tax authorities throughout the entire period of enforcement proceedings

Standard and related methods

The standard collection process in bailiff practice is as follows:

• Opening of production.
• Requests to registration authorities to identify property and accounts.
• Seizure of identified resources and funds.
• If there is cash - withdrawal, money in accounts - written off and transferred to the creditor.
• If there is no money, but there is property, its inventory and forced sale begin, followed by the transfer of the proceeds to the claimant. The process of inventorying and selling property is quite complex - the claimant must also take part in it. In this case, an expert assessment is appointed and paid for, the property is transferred to the responsible persons for safekeeping, and a specialized bidding organization is appointed.
• If there is no property, the writ of execution is sent to the place where the debtor received income. Sometimes this is done by agreement with the creditor, even if there is property, for example, when the amount of debt is small and there is no desire to begin the labor-intensive process of inventory and sale. In this case, the bailiff should not lift the arrest until the debt is fully retained.
• If no material assets or money are found in the accounts, the writ of execution is returned to the applicant with a resolution and a certificate of impossibility of execution. In this case, the bailiff may impose a temporary ban on the debtor from traveling abroad. The document can be presented again.

Non-standard situations:

• When the debtor is a store or organization whose cash register receives cash, the collection is directed against it. The bailiff seizes it to pay off the debt. If the amount of debt is large, and the bailiff does not have the opportunity to go every day to withdraw cash, he arrives at the place, seizes the cash and, by his decree, obliges the debtor to make transfers of money received at the cash desk for the deposit of the FSSP.
• The bailiff may request the company's balance sheet to identify property.
• A rather non-standard way is to allocate the debtor's share from the joint property of the spouses through the court, but the problem is that it is very difficult to sell it.

It should be remembered that if there is a request from the claimant to seize the property, the bailiff can impose it without waiting for the expiration 5 days deadline for voluntary compliance.

If there are several creditors, the money goes to the FSSP deposit account, and the bailiff divides it proportionally in accordance with the law and transfers it to the creditors.

Additional Help

The collector is always interested in the return of money, so he can assist the bailiffs in the process of fulfilling their duties.

It is advisable to constantly provide informational assistance, that is, inform the bailiff in writing or orally about new information that has become known about the debtor, for example, his travel abroad, the opening of new accounts, the location of vehicles (he can hide them with third parties), etc. .

The creditor can also provide purely practical assistance, for example, providing premises for storing seized property or transport for travel to the place where the property was discovered.

All documents related to enforcement proceedings submitted to the FSSP should be copied and kept with the office’s notes confirming their acceptance.

Often, bailiffs need to be reminded quite persistently of the need to more actively fulfill their official duties. This should be done in writing in the form of requests and complaints, which should be written to higher authorities. Complaints can also be written via the Internet on the FSSP website.

At any time, the claimant can pay a visit to the bailiff, present an identification document and receive a copy of the enforcement proceedings or review it to assess the effectiveness of the actions of the officials.

Documents should be submitted in person, and if sent by mail, then only by letters with acknowledgment of receipt, which indicate the time of receipt by the addressee. This is due to the fact that there are often cases when documents arrive late, are “lost” and the debtor manages to hide property or transfer money from accounts.

It should also be insisted that a temporary ban on leaving the country be imposed on the debtor - it should not be lifted even if the writ of execution is returned without execution.

Lawyers recommend that when submitting a document, when submitting a document, you immediately write a request to seize the property, citing the fact that there is information about its possible alienation - in any case, whether there is property or not, such an appeal will not hurt.

If the debtor is a budget institution, the bailiff does not have the right to seize some accounts, this is also worth taking into account.

The claimant must remember that even if the writ of execution is returned to him without execution, he has the right to present it throughout 3 years, and presentation interrupts the deadline. In fact, the document can be submitted forever, the main thing is to interrupt the deadline.

Refusal to accept documents

Bailiffs refuse to accept documents, and he must issue a reasoned decision indicating the reason for the refusal, in such cases:

• death of one of the parties, unless circumstances suggest the presence of legal successors;
• absence of an accompanying statement, other than sent directly by the court or authority that issued the document;
• the absence of the applicant’s signature on the application or the absence of a power of attorney from his representative;
• documents were not submitted at the place where enforcement actions were performed;
• the statute of limitations for presentation has been missed and not restored;
• the requirements for the design of the sheet have been violated;
• if the proceedings were previously opened and terminated under circumstances that exclude the possibility of re-presentation.

The work of bailiffs on a writ of execution is regulated at the legislative level. At the end of the trial, the plaintiff receives a writ of execution and acquires the status of a claimant. Often, ordinary citizens do not have sufficient legal knowledge, so they do not understand what the work of a bailiff is and what actions they will take based on a court decision.

In order for the process of forced collection under a writ of execution to begin, the claimant must send it along with an application to the territorial department of the FSSP of the Russian Federation.

Rules for sending a writ of execution

In order to find out in practice what the bailiff’s job is, the claimant must do the following:

1. check that the executive document complies with the rules enshrined in Article 13 of Federal Law No. 229 “On Enforcement Proceedings” dated 10/02/2007 (as amended on 07/03/2016);
2. The next important aspect is the deadline for presentation. Proceedings under a writ of execution will be opened if the deadlines allotted for presentation have not expired. This rule is regulated by Article 21, on the basis of which the sheet can be sent to the FSSP authorities within three years, with the exception of cases provided for in parts 2, 4, 7 of the same article;
3. draw up a written application with a request to initiate proceedings.

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1. full name of the FSSP of the Russian Federation, where the petition is addressed;
2. comprehensive data of the collector (full name, contact number, place of actual residence, bank account details for debt transfer);
3. statement of known information about the debtor;
4. the name of the court that made the decision;
5. number and date of the writ of execution and the court decision on the basis of which it was issued;
6. claims that are satisfied by the court in relation to the amount to be recovered;
7. in addition, the applicant has the right to petition for the seizure of property, a ban on the debtor’s right to travel outside Russia;
8. date, personal signature.

Based on Articles 30, 33, the claimant must send enforcement documents along with an application to the territorial bailiff office at the debtor’s residence address or at the location of his property and material goods. If such data about the debtor is unknown to the collector, then enforcement actions will be carried out at the last known location of the payer, or at the residence address of the collector, until the circumstances are clarified.

The prepared documentation is submitted personally by the claimant through the office of the FSSP branch, which is stamped with the date of acceptance. If this is not possible, you can send it by registered mail.

What measures does the executor take upon application?

After the department receives and registers the documents of the claimant, within 3 days they are distributed to a specific bailiff, who must take action on the writ of execution (Clause 7, Article 30 of Federal Law No. 229).

The duties of the bailiff include the following (Article 30):

1. upon receipt, within three days, issue a resolution to initiate proceedings on the writ of execution;
2. if there are no grounds for opening, refuse to initiate (motivate in writing);
3. about the measures taken, on the same day or no later than the next, the bailiff sends a copy of the resolution to the participants in the process (debtor, collector, court, other interested bodies).

The procedure for calculating deadlines is enshrined in Article 15 of Federal Law No. 229.

To monitor the execution and compliance with deadlines by bailiffs, it is recommended not to expect a copy of the decision by mail, but to receive it in person, in the order of receiving citizens. Thus, in case of disagreement with the resolution, the parties have a chance to appeal the document in a timely manner.

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What are the responsibilities of a bailiff?

Article 12 stipulates that the executor is charged with the enforcement of court decisions and acts of other authorities:

1. he must promptly and fully comply with the requirements of executive documents, guided by the provisions of the law;
2. at the request of the parties and their representatives, provide production materials for review, extracts, and photocopies;
3. consider applications and petitions of participants in the process. And based on the results of the consideration, make an appropriate decision and be sure to explain to the parties the procedure for appealing, and within what time frame they can do this;
4. It is not allowed to conduct enforcement proceedings by an interested bailiff, including if he is a relative of the claimant/debtor. In this case, he is obliged to recuse himself;
5. processes the personal information of the parties if required by full and correct execution;
6. if the location of the debtor is not known, his property organizes search activities, as well as the defendant or child on the basis of judicial acts in civil cases;
7. bailiffs also accept cases related to administrative offenses;
8. When a crime is discovered, the information is passed on to the investigative authorities.

What rights does the performer have?

Bailiffs have not only duties, but also rights.

The implementation of these actions is aimed at fulfilling the requirements of executive documents:

1. in the process of work, the bailiff can request the necessary documents, information, not only of a general nature, but also personal, and select explanations;
2. carry out checks with the employer if the debtor is employed by him. To find out to what extent the requirements of the writ of execution are met;
3. to involve the parties to the proceedings in carrying out certain enforcement actions by separate instructions;
4. if the executor demands access to the premises for inspection, the debtor or other persons do not have the right to refuse him. Otherwise, the employee may open it;
5. seize property and confiscate it. In the future, these benefits can be sold at auction in order to return the debt to the collector;
6. seize money and material assets in the amounts specified in the executive documents. In this case, funds mean not only cash, but also those in bank accounts;
7. if the owner of the non-residential premises gives consent, the bailiff can leave the seized property there for storage, as well as determine the circle of persons who will be responsible for its safety;
8. the executor is allowed to contact the authority that issued the executive act for clarification in case of points he does not understand;
9. check documents of citizens involved in the proceedings;
10. when carrying out executive search activities, make all kinds of requests to institutions, conduct surveys of citizens, if necessary, inspect premises, find out the necessary information that is relevant to the case and can help identify debtors or property;
11. involve employees of the Ministry of Internal Affairs, the FSB, the migration service and other government bodies for assistance;
12. act in other ways that do not contradict Russian legislation.

Thus, the main direction in the activities of bailiffs is the execution of requirements based on decisions of courts and acts of other authorized structures. The bulk of enforcement proceedings is the collection of debts on loans, alimony, fines, taxes, and utility bills.

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Content

Having failed to find a compromise in any case, the disputing parties resort to court with the hope of finding a solution to their problem. Defending your own interests in the courts is half the battle; the most important thing is to ensure that the ruling is executed by the losing party. For this purpose, a special document is issued, called a writ of execution, where, on the basis of the decision made, the debtor is given a time limit for execution of the decision. In the photo you can see what the IL sample looks like.

What is a writ of execution

Documents that are based on a decision of a court, and sometimes another competent authority, are writs of execution. They are issued in civil cases or administrative offenses. They contain details of the authority that issued the IL. In addition, it reflects information about the opposing parties (obligated and authorized person). This is an official document that decides to pay financial resources from one participant in the trial to another.

Types of writs of execution

According to the internal content, ILs are differentiated into 2 groups and depend on the type of recovery. Types of deductions based on writs of execution:

• property Contains information about collecting money. This is the most common type of document with a resolution to one person to pay an amount established by the court in favor of a second person, and it makes no difference whether it is an organization or an individual.
• non-property. They decide to take or not to carry out specified actions, for example, to transfer the garage to another person or reinstate a person to their previous job.

Where to obtain a writ of execution based on a court decision

The collection document is received by the claimant on the day the resolution enters into force. As a rule, after 10 days after the decision was announced, a writ of execution in a civil case is issued, since during this time the victim can still appeal the decision in court by filing an appeal. In practice, sometimes you have to wait longer before picking up a certified document. The IL is issued in a single copy, but if a decision is made in favor of more than one claimant, then the number of documents is directly proportional to their number.

How to obtain a writ of execution by court decision

There are 2 delivery methods. The writ of execution is issued to the bailiffs. If the debtor does not comply with the assigned order, then the plaintiff has grounds to request that the IL be issued to him. An appeal is drawn up in any form by hand, for which it is necessary to have a court order. In the header indicate the details of the court, the number of the decision and your own (last name, initials, residential address), then state the request. The application is signed and dated.

In addition, you can always request a duplicate if the original was lost for certain reasons. The application is drawn up in a similar way, with the exception that the request for a duplicate and the reasons for the loss of the original are indicated. It is necessary to attach proof of the loss of the original. There is no need to pay for the issued sheet, since the state duty is not charged for this.

What to do with a writ of execution from the court

The judicial authorities do not issue instructions on where to go with a writ of execution from the court. There are a number of ways that a claimant can use to obtain the funds owed. More often, citizens resort to the services of bailiffs. It is necessary to choose a service located in the territory of residence of the debtor, or an organization at the location of the property of the obligated person.

You are also allowed to act independently:

• send an application to a banking institution if the debtor’s account is located there;
• apply to the place where the obligated person received the income, if the amount does not exceed 25,000 rubles;
• resort to the help of collection agencies.

Submission of a writ of execution to the bailiff service

Together with the completed application for the execution of the court decision, you need to come to an appointment with the bailiffs. After the writ of execution has been submitted to the bailiff service, proceedings are initiated within 3 days and its implementation begins in order to recover the funds due from the debtor. Otherwise, the service is obliged to return the papers and submit a refusal, where the reasons for the impossibility of performing duties will be substantiated. A copy of the decision must be presented to both parties to the conflict.

How bailiffs work on a writ of execution

Having made a positive decision on enforcement proceedings, the work of the bailiffs begins on the writ of execution. They begin to implement a court order, for example, to evict a person from an occupied living space. If funds need to be collected from a debtor, then service employees begin to become interested and send requests to various services and registries, where they can obtain information about the debtor’s available financial resources. In the absence of money, the property of the obligated person is seized for the purpose of selling it and receiving money.

Validity period of the writ of execution

The deadline for collection of a writ of execution by bailiffs is established by law. In cases of courts of general jurisdiction, the collection period lasts three years or until the moment when a deferment for the repayment of doubtful debts was issued. Arbitration court decisions are valid only for 3 months, which is something you need to know. Payment for administrative offenses and fines can only be received no later than one year later.

Suspension of the writ of execution

It is important to know that there are certain conditions when a writ of execution may be suspended. The period is interrupted if the obligated person partially repays the debt or the IL is available for sale. If the period is renewed again, then the previous period that has expired before the debt begins to be repaid is included in the new one. When it is impossible to fulfill the obligations under a court decision, a new period is considered from the date of receipt of the document by the claimant.

There are certain circumstances when the renewal of the collection period from the debtor is not allowed. The only possible way to resume this process is to apply to the court that issued the order. Termination, in contrast to suspension, occurs due to the declaration of the debtor as dead, when the plaintiff withdraws claims, etc.

Debts under writs of execution

The decisions are issued by the body that considered the case. Debt collection under a writ of execution will occur in any case, regardless of what methods will be used for this - writing off funds or selling the property of the obligated person. If the amount of debt exceeds 10,000 rubles, then a number of restrictions are imposed on the debtor. He will not be released outside Russia until the amount is repaid and will not be able to receive a loan, since his data is entered into the bailiffs database, which can be viewed and checked online.