Either it was impossible, or it was ineffectual. There are cases when only bailiffs can enforce the decision. For example, according to non-property requirements (to evict the debtor from the premises, to oblige the debtor to transfer some thing or perform some actions).
I also recommend giving performance list bailiffs immediately(bypassing the bank and work), if your debtor has a lot of debts and they are not new (initiated several months or years ago).
As a general rule, enforcement actions are performed at the place of residence or stay of the debtor-citizen, the legal address of the organization or its branch, representative office, or at the location of the debtor's property. If a writ of execution is issued for certain actions, it is executed at the place where these actions were performed.
Open the writ of execution on the page with the debtor's data, find his address and try to find the bailiff department at this address through the service on the FSSP website. Sometimes it cannot identify the department. In this case, you can look at the Enforcement Proceedings Data Bank in which department most of the proceedings against your debtor are located. You can also clarify information by calling the FSSP in the corresponding city.
In part 1 of article 36 of the Federal Law on enforcement proceedings, it is reassuringly written:
In practice, alas, bailiffs can collect money from the debtor for an arbitrarily long time - there is no fixed period, and it all depends on the behavior and property status of the debtor. If the debtor is solvent and executes the court decision immediately after receiving the order from the bailiffs, the process of receiving money may take about 1-2 months (taking into account the mail run and the distribution of money to your account from the bailiffs department).
How you can influence the bailiffs and the debtor in order to get money faster, I will tell you next time.
6. If it is necessary to perform certain enforcement actions and (or) the application of certain enforcement measures in the territory to which the powers of the bailiff do not apply, he has the right to instruct the relevant bailiff to perform enforcement actions and (or) apply enforcement measures. The order is issued by the decision of the bailiff in accordance with Article 14 of this Federal Law and approved by the senior bailiff. According to the said decision, the bailiff to whom it was received initiates enforcement proceedings in compliance with the requirements of Article 30 of this Federal Law. For the duration of the execution of the order, the main enforcement proceedings may be suspended.
Debt obligations in modern society occur quite frequently. It could be like credit borrowers, and citizens who do not want to transfer alimony to their children. Often you may encounter a situation where the defaulter does not want to fulfill his obligations and hides his income. In such a situation, the collection of payments will occur with the direct participation of bailiffs.
Writ of execution - it is necessary to understand that the bailiff begins to search for the debtor and all his property only after receiving the writ of execution and the commencement of enforcement proceedings. This whole procedure can only start following the results judicial trial and a court decision that has entered into force.
In accordance with the Law on Enforcement Proceedings, enforcement actions and enforcement measures against civilians are applied by the bailiff at their place of residence, place of residence or location of their property.
You cannot be registered in any apartment or residential building, since in Russia for more than 16 years there has been no registration, which was canceled almost immediately with the collapse of the USSR. Law No. 5242-1 of June 26, 1993 "On the right of citizens to freedom of movement, choice of place of stay and residence within Russian Federation"Instead of the residence permit that existed at that time throughout Russia, registration records (registration) were introduced for citizens of the Russian Federation in residential premises at their place of residence (this is temporary registration) and at their place of residence (this is permanent registration).
Moving the debtor to another city should not be an obstacle to debt collection. If there is reliable information about the new place of residence of the debtor, please provide it bailiffs, they must check this and redirect the enforcement proceedings to another territorial department of the bailiff service.
That is, if enforcement proceedings are initiated at the location of the debtor (which usually happens), then the bailiff acts precisely at the location of the debtor, so that enforcement actions take place at the location of the property, grounds and a whole procedure are needed:
The bailiffs have always been endowed with the right to independently search for the property of debtors, and since 2012 they have already received the right to search for the debtors themselves. Bailiffs can resort to search actions in relation to non-payers and their property both at the request of the recovering person and on their own initiative.
Bailiffs usually do not even try to find out where the money comes from on the debtor's card. Therefore, in most cases, the entire amount available is deducted from the account of the person in debt, which can sometimes exceed the debt itself. In such situations, the debtor must contact the FSSP branch and write an application with a request to return part of the funds (the return procedure may take several days, then the money will come to the arrested account).
9. The chief bailiff of the Russian Federation or the chief bailiff of the subject (the chief bailiff of the subjects) of the Russian Federation, in order to more fully and correctly carry out enforcement proceedings, has the right to transfer enforcement proceedings from one division of bailiffs to another (including at the stage of initiating enforcement proceedings) about which a decision is made. The decision of the chief bailiff of the Russian Federation or the chief bailiff of the constituent entity (the chief bailiff of the constituent entities) of the Russian Federation on the transfer of enforcement proceedings from one division of the bailiffs to another no later than the day following the day of its issuance is sent to the relevant chief bailiffs of the constituent entities of the Russian Federation and senior bailiffs. The chief bailiff of the subject (chief bailiff of the subjects) of the Russian Federation, the senior bailiff, having received the said decision, no later than the day following the day of its receipt, organize the transfer of enforcement proceedings to another bailiff unit in the manner prescribed by parts 7 - 7.2 of this article .
Important: It is usually pointless for a person who is a debtor to hide their location or place of work. Find human, which is tied to the current system, is quite simple. And for all the time while he evades payments on his own debts, penalties (fines, forfeits) will grow. State fees are always added to the amount of the debt, which the claimant pays when applying to the court for debtor. For example, a creditor may sue while waiting for a certain period of debt to arise. This means that the fee in debt will be a multiple of the number of appeals to the judiciary.
That's all the measures of state exacting-debt coercion. Here I do not mention the right of the bailiff to charge a performance fee of 7% of the collected debt, since if the debtor did not return the main debt, then these 7%, of course, for him are like pellets for an elephant. The creditor has the right to recover through the court also a penalty for the late repayment of the debt and indexation; but again, due to the non-return of the principal amount, this penalty loses its punitive (for the debtor) and enriching (for the creditor) properties.
Such deadlines Russian legislation are provided only for the presentation of writ of execution for execution, which in your case has already been done. The bailiff, after a certain period of time, may decide to terminate the enforcement proceedings due to the impossibility of collection, but, as a rule, he has already taken all the necessary measures to collect the debt - all requests have been sent to the organization and answers have been received, accounts are arrested, etc.
After the Court has issued a decision and it has entered into force, the plaintiff is issued a writ of execution to initiate enforcement proceedings and enforce the court decision. Often the exactor has a question: “How to present a writ of execution to bailiffs?”
To initiate enforcement proceedings on the basis of a writ of execution by the territorial branch Federal Service bailiffs of the Russian Federation (hereinafter FSSP RF), the recoverer must:
1. prepare an application for the initiation of enforcement proceedings;
2. submit an application and an executive document to the territorial branch of the Federal Bailiff Service of the Russian Federation;
3. after 7 working days, receive a decision to initiate enforcement proceedings, or a decision to refuse to initiate enforcement proceedings.
Preparation of an application for initiation of enforcement proceedings
In Russia, as folk wisdom says, "they are greeted by clothes, they are escorted by the mind." The application for initiation of enforcement proceedings is your calling card. It is with the application that your acquaintance with the bailiff who will deal with your enforcement proceedings begins. The first impression about the claimant is formed when reading his application for initiating enforcement proceedings, therefore the application must be written correctly and contain all the necessary details.
The application for initiation of enforcement proceedings must contain the following information:
1. the name of the division of the Federal Bailiffs Service of the Russian Federation, to which the application is submitted, and its address;
2. the claimant-citizen indicates: surname, name, patronymic, details of the identity document, place of residence or place of stay, identification number of the taxpayer (if any);
3. The claimant-organization indicates: name, taxpayer identification number or code of a foreign organization, state registration number, location state registration and legal address;
4. details bank account the creditor to whom the collected funds should be transferred;
5. name, number and date of issue of the executive document, the name of the body that issued the executive document, as well as the name normative document on the basis of which the executive document was issued, the size of the requirements.
The recoverer, as a rule, knows information about the debtor, which can help the bailiff in the performance of enforcement actions, and significantly reduce the time for fulfilling the requirements contained in the executive document. We also recommend that you indicate them in the application for the initiation of enforcement proceedings. It can be:
phone numbers of the debtor;
information about the place of work, study of the debtor;
information about real estate, vehicles, other property belonging to the debtor;
information about bank accounts or other credit organizations;
information about the receipt by the debtor of pensions, allowances, scholarships;
Other information that will help establish contact with the debtor or find property that can be levied.
Do not forget to include your contact details (address for sending correspondence, phone numbers, etc.) so that, if necessary, the bailiff can contact you.
Submission of an application and a writ of execution to the territorial office of the Federal Bailiffs Service of the Russian Federation
You can submit a writ of execution and an application in person, directly to the department of the Federal Bailiff Service, or you can send it by mail, by registered mail with a notification and a description of the attachment.
In accordance with Article 33 of the Federal Law “On Enforcement Proceedings” dated 02.10.2007 No. 229-FZ, the writ of execution and application are submitted by the recoverer at the place where enforcement actions were performed and enforcement measures were applied.
If the debtor is a citizen, then enforcement actions are performed by a bailiff at the place of his residence, place of residence or location of his property. If the debtor is an organization, then enforcement actions are performed at its legal address, location of its property or at the legal address of its representative office or branch. If there is no information about the location of the debtor or his property, enforcement actions are performed by a bailiff at the last known place of residence or place of residence of the debtor, or at the place of residence of the recoverer until the location of the debtor or his property is established.
If you do not know to which division of the FSSP of the Russian Federation you need to present an executive document, then you can use the right provided for in paragraph 4 of Art. 30 of the Federal Law "On Enforcement Proceedings" dated 02.10.2007 No. 229-FZ, and send an executive document and an application to initiate enforcement proceedings to the territorial body of the Federal Bailiff Service to the Chief Bailiff of a constituent entity of the Russian Federation. And already the Chief Bailiff of the subject of the Russian Federation will send these documents to the appropriate bailiff division within five days from the date they are received, and if the executive document is subject to immediate execution, on the day they are received.
If you are applying in person, directly to the territorial branch of the Federal Bailiff Service of the Russian Federation, then be sure to require that your copy of the application be marked with acceptance containing the following information:
the date of receipt of the application and executive document;
the position and data of the person who accepted the application and the executive document;
contact phone numbers where you can call the bailiff.
Statement with a mark in accepting the application will be proof the fact that you really submitted a writ of execution for execution to the territorial department of the Federal Bailiff Service of the Russian Federation, and when you did it. We recommend that when submitting any applications and petitions, keep a copy of the document with a mark on receipt of the FSSP of the Russian Federation. Or, if there is no particular urgency, send them by registered mail with a notice and an inventory of the attachment, and save postal receipts, inventories and notices. These actions help to avoid many disputes with bailiffs, save a lot of time and effort. As sad experience shows, writ of execution can be lost in the Federal Bailiff Service.
Obtaining a decision to initiate enforcement proceedings, or a refusal to initiate enforcement proceedings
After you have submitted an application and a writ of execution to the territorial department of the Federal Bailiff Service of the Russian Federation, in accordance with paragraph 7 of Article 30 of the Federal Law “On Enforcement Proceedings” dated 02.10.2007 No. 229-FZ, within three days these documents must be transferred to the bailiff- performer.
The bailiff-executor within three days from the date of receipt of the executive document to him makes a decision to initiate enforcement proceedings, or to refuse to initiate enforcement proceedings. A copy of the decision to initiate enforcement proceedings bailiff no later than one day. following the day of issuance of the said decision, sends it to the recoverer, debtor, as well as to the court, other body or official that issued the writ of execution.
According to the general rules, the period begins on the day after the calendar date or the day of the event that determines the beginning of the period. At the same time, it is also necessary to take into account that, in accordance with Article 15 of the Federal Law “On Enforcement Proceedings” dated 02.10.2007 No. 229-FZ non-working days are not included in terms calculated in days.
From these provisions of the legislation on enforcement proceedings, it follows that the bailiff must initiate enforcement proceedings, or make a decision to refuse to initiate enforcement proceedings, within 7 (seven) working days from the date of presentation of the executive document to the territorial branch of the Federal Bailiff Service of the Russian Federation.
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We recommend that you receive a decision to initiate enforcement proceedings, or to refuse to initiate enforcement proceedings, in person, at an appointment with a bailiff, and not wait for documents to be received by mail. You have the opportunity to monitor compliance with the deadlines, and, in case of their violation, you will be able to timely file a complaint against the inaction of the bailiff. As sad experience shows, deadlines in enforcement proceedings are often not observed, and enforcement proceedings can be initiated six months after the presentation of the enforcement document.
Attachment to the article:
Director of LLC collection agency"Consul"
Tsyganenko Ivan Sergeevich
In all situations where your the debtor does not pay voluntarily, and execution through the bank or through the work of the debtor is either impossible or has been fruitless. There are cases when only bailiffs can enforce the decision. For example, according to non-property requirements (to evict the debtor from the premises, to oblige the debtor to transfer some thing or perform some actions).
I also recommend filing a writ of execution bailiffs immediately(bypassing the bank and work), if your debtor has a lot of debts in the Enforcement Data Bank. and they are not new (excited months or years ago).
As a general rule, enforcement actions are performed at the place of residence or stay of the debtor-citizen, the legal address of the organization or its branch, representative office, or at the location of the debtor's property. If a writ of execution is issued for certain actions, it is executed at the place where these actions were performed.
Open the writ of execution on the page with the debtor's data, find his address and try to find the bailiff department at this address through the service on the FSSP website. Sometimes it cannot identify the department. In this case, you can look at the Enforcement Proceedings Data Bank. in which department is most of the proceedings on your debtor. You can also clarify information by calling the FSSP in the corresponding city.
In part 1 of article 36 of the Federal Law on enforcement proceedings, it is reassuringly written:
In practice, alas, bailiffs can collect money from the debtor for an arbitrarily long time - there is no fixed period, and it all depends on the behavior and property status of the debtor. If the debtor is solvent and executes the court decision immediately after receiving the order from the bailiffs, the process of receiving money may take about 1-2 months (taking into account the mail run and the distribution of money to your account from the bailiffs department).
How you can influence the bailiffs and the debtor in order to get money faster, I will tell you next time.
So, you have a writ of execution in your hands. It would seem that the case was won in court, a decision was made in your favor, now you can finally relax. The debtor is obliged to execute the court decision according to the law, and there is nothing more to worry about ...
In fact, everything is not so simple. Practice shows that the vast majority of debtors ignore court orders and still do not take any active steps to repay their debts.
In addition, after receiving a writ of execution, there are often cases when the recoverer (that is, the party that won the case in court) does not know where and within what time frame the writ of execution must be presented. And there is something to be confused about: in court, as a rule, detailed information they do not give, limited to the phrase: "now go to the bailiffs" or refer to lawyers. But what if there is no way to seek legal advice? I suggest you figure it out on your own.
As a general rule, the term for presenting a writ of execution for execution is three years(Article 21 of the Federal Law "On Enforcement Proceedings"). However, the law provides for a number of exceptions:
Let's imagine a situation when the recoverer decides to present a writ of execution for execution, but more than three years have passed since the date of the court decision, and, accordingly, from the date of issuance of the writ of execution. It turns out that he loses the right to move enforcement proceedings? Not necessary. First of all, you should apply to the court that issued the writ of execution with an application for the restoration of the missed period, where you should indicate for what reasons this period was missed. In the event that the court considers the reasons for the absence to be valid (for example, the claimant's illness, departure, etc.), the missed period may be restored.
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By law, the obligation to enforce judicial acts is assigned to the Federal Bailiff Service, in particular, to bailiffs (Article 5 of the Federal Law “On Enforcement Proceedings”, Article 12 of the Federal Law “On Bailiffs”).
It is the bailiffs who, having a fairly wide range of powers, are obliged to ensure the full and timely execution of court decisions.
Since the Federal Bailiff Service has a rather branched structure (for example, it includes the territorial bodies of the Federal Bailiff Service of the constituent entities of the Russian Federation, which, in turn, are divided into district, interdistrict and specialized departments), a logical question arises: which territorial unit should the claimant apply to?
Legislatively, this issue is resolved as follows:
Enforcement proceedings are initiated on the basis of the claimant's application.
Its sample usually hangs on the information stand in each OSSP.
For example, it might look like this:
To the Bailiff Service ____________
Judicial protection of rights and freedoms is guaranteed by the Constitution of the Russian Federation to every citizen of our country. But often, faced with their violation, we give up on this, not daring to go to court. And there are many reasons for this: someone is afraid of judicial red tape, someone is sure that the trial will be expensive, someone simply does not know where to start. How to competently defend your interests in court and not become a victim of judicial arbitrariness will be discussed in my column.
Good afternoon. A question about the new SRO law. Our company RANET ENERGO LLC performs 2 types of work: 1) design and installation of metering units Wastewater; 2) for the design and installation of heat and heat metering units.
Unable 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 decision made is executed by the losing party. To do this, a special document is issued, called a writ of execution, where, on the basis of the decision made, the deadlines for the execution of the decision are indicated to the debtor. In the photo you can see what the IL sample looks like.
Documents that are based on the decision of the court, and sometimes of another competent authority, are writ of execution. They are issued in civil cases or administrative offenses. They contain the details of the authority that issued the IL. In addition, it reflects information about the opposing parties (obliged and entitled person). This is an official paper that decides to pay materiel by one participant in the trial to another.
According to the internal content, ILs are differentiated into 2 groups and depend on the type of penalty. Types of deductions on writ of execution:
The receipt of IL by the recoverer is carried out on the day the decision enters into force. As a rule, after 10 days, as the decision was announced, a writ of execution is issued in a civil case, 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. 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.
There are 2 delivery methods. The writ of execution is issued to bailiffs. If the debtor does not comply with the assigned order, then the plaintiff has reason to ask for an IL to 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 they indicate the details of the court, the number of the decision and their own (last name, initials, address of residence), then state the request. The application is signed and dated.
In addition, you can always request a duplicate if the original was lost for some reason. An application is drawn up in a similar way, with the exception that the request to issue a duplicate and the reasons for the loss of the original are indicated. Be sure 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 withheld for this.
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 creditor can use to obtain funds due. 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 to an organization at the place of localization of the property of the obligated person.
It is allowed to act independently:
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 transfer the refusal, where the reasons for the impossibility of performing duties will be justified. A copy of the decision made must be presented to both parties to the conflict.
Having made a positive decision on enforcement proceedings, the work of bailiffs on the writ of execution begins. They begin to comply with a court order, for example, to evict a person from their living space. If it is necessary to recover money from the debtor, then the employees of the service begin to become interested and send requests to various services and registries, where you can get information about the debtor's available financial resources. In the absence of money, the property of the obligated person is seized in order to sell it and receive money.
