The procedure for presenting a writ of execution for execution. Submitting a writ of execution

So in your arms performance list. 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 in 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.

Deadline for submission of writ of execution

By general rule, the term for presenting a writ of execution for execution is three years(Article 21). However, the law provides for a number of exceptions:

• Writs of execution issued by arbitration courts, for which the missed deadline for presenting a writ of execution for execution has been restored, may be presented for execution within three months from the date of issuance by the court of a ruling on the restoration of the missed period;
• Executive documents containing requirements for the collection of periodic payments may be presented for execution within the whole term for which payments are awarded, as well as during three years after the end of this period;
• Judicial acts, acts of other bodies and officials in cases of administrative offenses may be presented for execution within one year from the date of their entry into force.

If the deadline for presenting the writ of execution is missed

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 start 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. If 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.

Who will help?

By law, the obligation to enforce judicial acts is assigned to Federal Service bailiffs, in particular, bailiffs (art. 5, art. 12). It is the bailiffs who, having a fairly wide range of powers, are obliged to ensure the full and timely execution of court decisions.

Which service to contact?

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 be contacted claimant? Legislatively, this issue is resolved as follows:

• If the debtor is a citizen, we apply to the department of the bailiff service (hereinafter referred to as the OSSP) at his place of residence, place of residence or location of his property;
• If the debtor is an organization, we carry a writ of execution in the OSSP for its legal address, the location of its property or the legal address of its representative office or branch;
• If the debtor is obliged to perform any actions, we present a writ of execution to the OSSP at the place where such actions were performed (Article 33).

Rules for filing a writ of execution

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 ____________

claimant: ____________________________

address: _________________________________

debtor: _______________________________

address: __________________________________

STATEMENT

on initiation of enforcement proceedings

I ask you to accept for execution a writ of execution for the recovery of ______________________ issued by "___" ______________ 200___, Judge ________________ of the district court of __________________________ in case No. _______ and initiate enforcement proceedings on it.

Application:

1. Original writ of execution

2. Bank details claimant, to which the bailiffs will transfer cash received from the debtor.

"_____" _______________ 200__ ____________________

In the application, you can also apply for attachment of the debtor's property, as well as for the establishment of restrictions for the debtor (Article 30). Do not forget to make a copy of the application for enforcement proceedings, on which an employee of the office of the OSSP is obliged to put a stamp on its acceptance, indicate the incoming number and date, and also take your passport with you.

What if you do it yourself?

The Federal Law "On Enforcement Proceedings" gives the claimant the right in some cases to act independently without recourse to bailiffs - executors. For example:

• if you have information about the debtor's accounts, you have the right to present a writ of execution for the recovery of funds directly to the bank (Article 8);
• if the writ of execution provides for the collection of periodic payments or the collection of funds not exceeding twenty-five thousand rubles in the amount, you can send it directly to the organization or other person paying the debtor wages, pensions, stipends and other periodic payments (Article 9).

Practice shows that the work of the collector directly with the bank, department pension fund(in case the debtor receives a pension) or the debtor's employer - most fast way execute the court decision, so if you have any information about the accounts, work, pensions, scholarships of your debtor, it makes sense to act without the service of bailiffs. In this case, if your demand is not fulfilled or is only partially fulfilled, you will not lose the right to file an application for initiating enforcement proceedings with the OSSP.

Summing up

In order to force the debtor to execute the court decision, it is necessary to apply with an application, the original writ of execution and a passport to the bailiff service. Moreover, if you have information about the debtor's bank accounts, and also know where he works, receives a pension or scholarship, you have the right to act independently by presenting a writ of execution directly to the bank, employer, etc.

One of the most common types of enforcement papers in practice is a writ of execution. This document is issued by arbitration courts and courts of general jurisdiction on the basis of their own and adopted judicial acts.

How is it issued?

It should be noted that writ of execution for their enforcement may also be issued against decisions of arbitration courts. Arbitrations and courts of general jurisdiction also issue enforcement orders on the basis of amicable agreements, decisions of interstate instances for the protection of civil rights, and decisions of foreign courts. In some cases, executive documents may be issued on the basis of judicial acts, which in themselves are considered executive orders. For example, if a state duty is collected from the debtor to the budget revenue, then a writ of execution will be issued on the basis of a court order. It is certified by the official seal of the relevant court and sent by the judge to the bailiff to implement the requirements for the collection of funds to the budget.

Issuance procedure

According to the law, a writ of execution is a type of writ of execution that contains an order of one or another court instance to the enforcement authorities (executive service) to implement a certain court decision according to the rules of enforcement proceedings. Such a document is issued to the recoverer by the court only after the court decision (decree) comes into force. However, there are exceptions here too. If the court decision is subject to execution immediately, then such a sheet is issued to the recoverer immediately after the adoption of the decision. It is issued directly to the party that won the case, or, at her request, the sheet is sent to the executive service. To receive this document in person, you need to contact the court that issued the decision. To do this, an application is submitted (its form is usually established by the courts) and the final judicial act is attached. You will have to wait about 2 weeks (sometimes more).

What to do after receiving it?

If you know for sure that the debtor has a current account in some bank, do not waste time and apply with a writ of execution immediately there. In this case, the bank will write off the debt and transfer the due amount to your account. However, until that time, the debtor can withdraw all his savings from the account. If there is no money in the debtor's account, you will have to contact the bailiffs.

Collections by the executive service

First you need to go to an appointment with the bailiff and write an application for the opening of enforcement proceedings. In such a statement, you must specify all the information that the writ of execution contains, as well as describe the actions that must be carried out bailiff. In addition, it is worth writing down the details of the account by which he will be able to transfer the collected debt. After that, the bailiff, according to the law, initiates enforcement proceedings and collects property.

How to speed up the process?

Despite the fact that the enforcement of a court decision is the direct responsibility of bailiffs, the terms for collecting debts can be delayed for a long time. To speed up this process, you should constantly remind the leadership of the bailiff service about yourself, go to court if the deadlines for the execution of the decision are delayed. If you know any data regarding the debtor, then do not forget to inform the contractor about it. For example, his place of residence (work), location of property. Even the slightest information can sometimes often move things off the ground. Please note that the longer the decision is not enforced, the easier it will be for the debtor to properly hide or rewrite his property.

Validity of the writ of execution

Writs of execution can be presented only within the time limits specified by law, which can be differentiated. By general requirement court lists may be presented for execution within 3 years from the date of the court decision or at the end of the period for granting an installment plan or deferring its implementation. Writs of execution issued for acts arbitration courts, can be presented for execution only for 3 months. Writs of execution containing information on the return of periodic payments must be presented for sale during the period for which the payments were awarded, or within 3 years after the end of this period. Judicial acts on administrative offenses may be presented within 1 year after their entry into force.

Timeline breaks

It should be remembered that in some cases the deadline for presenting a writ of execution may be interrupted. So, if the sheet is presented for sale or the debtor partially repays the debt under the writ of execution, the period is interrupted. When the term is renewed, the elapsed period before its interruption is counted in the new term. If it is impossible to execute the court decision, then the term of the writ of execution shall be calculated again from the date of return of this paper to the recoverer. In some cases, the law does not allow the renewal of deadlines for collecting a debt from a guilty person. To be able to renew the term of the writ of execution, you need to contact the court that issued this writ. Further, the court will consider the issue of restoring the period for the implementation of the penalty in the manner prescribed by law.

Nuances of the procedure for issuing a writ of execution

According to the law, only one writ of execution is issued for each court decision. True, if the decision is made in favor of several persons or against several citizens, then at the request of the creditor, the court may issue several such documents. In addition, if the actions to collect the debt must be performed in several places, then in this case several court orders are also issued, and each of them must indicate exact location its execution and in what part it should be executed. If the amount of the debt must be withheld from the joint and several defendants, then the judge issues writ of execution according to the number of debtors. However, each of them indicates the total amount of the debt, indicating all the defendants who are obliged to pay this amount to the recoverer. Sometimes it also happens that the requirements are not clearly expressed in the writ of execution, in which case the debtor, claimant or bailiff may apply to the court for clarification of the provisions of the writ. After filing the relevant application, the court must interpret how and in what order the document should be implemented. Such an application is considered in court within 10 days from the date of receipt of this paper by the court.

Practical aspect

As many practicing lawyers note, the Law on Enforcement Proceedings is far from ideal. If the court ruled in your favor, this does not mean that you can easily return the funds due to you. At the same time, you don’t need to despair either: if you don’t let everything take its course in the hope that the bailiffs will quickly implement the writ of execution, then you will definitely be able to achieve justice and receive the funds due to you by court decision from the debtor.

Often people file claims for the recovery of material resources in connection with different circumstances. If, during the consideration of the case on any controversial issue, the court awards compensation for the amount claimed, then its recipient has the right to request a writ of execution in hand.

What is a writ of execution and its types

The writ of execution is called official document, which is issued for the execution of a court decision on the payment of material resources by one participant in the disputed proceedings in favor of another.

The basis for registration This document may also be a decision of another competent authority that made a decision on a case that arose in the course of the implementation of civil or administrative legal relations. The content of the writ of execution always includes the details of the institution that issued it, as well as information about the authorized and obligated person.

There is two design options this document. It can be either the decision of the authorized body itself or a separate form, where the subject of execution is indicated. Moreover, the writ of execution may also impose obligations on third parties who did not take part in the case. One such example can be given in relation to the accounting department of the organization where the debtor works. In some cases, she is prescribed an obligation to deduct certain amounts from his salary in favor of the claimant.

In everyday life, sometimes a writ of execution is understood different kind documents, the list of which includes the following types of papers:

The document may have such requirements:

• about financial compensation for harm caused to health;
• payments in connection with the death of the breadwinner;
• recovery for damage caused by a crime;
• on the deduction of alimony;
• withholding a fine.

In practice, most often issued writ of execution to withhold alimony.

How to file alimony withholding wages employee upon receipt by the enterprise of a writ of execution, is described in this video:

The procedure and rules for its issuance

The document is drawn up by the body that considered the case. The court issues it on the day when the decision comes into force. Sometimes a writ of execution is issued immediately for collection from the moment the court decision is made.

There are two options for it further application:

1. It can be handed over to the claimant.
2. It is transferred to the bailiff service.

Sometimes the debtor voluntarily fulfills the court's decision, but this happens extremely rarely. Therefore, the claimant usually deals with a statement to the court with a request to issue him a writ of execution in his hands. It can be drawn up in any form, but some points must be taken into account when writing such a petition.

To properly write a statement, you will need to have a court decision on hand. First, in the upper right corner, enter name and address of that court, which issued a positive verdict on withholding finances in your favor. Then enter your personal data and registration address here.

Under this "cap" in the center, head the text "Application for the issuance of a writ of execution." Start writing under the title about your request: to issue a writ of execution on the basis of a court decision in the case (indicate the number) from such and such date, where you are the plaintiff, for transfer to the bailiffs. At the bottom, put the date and your signature.

To apply to the court office, you must also have a copy of your application, on which the secretary must make a note of receipt.

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How to get a duplicate

If for some reason your writ of execution has been lost, then you have the right to apply for issuing a duplicate. The application is drawn up in the same form as for the issuance of the primary document, but it is only indicated that the application in this case consists in a request for a duplicate to replace the lost one.

To him should be attached written evidence of the loss of the document and refer to the circumstances under which this happened. In the application, under the date of compilation and signature, you must specify a list of all attached documents, which are evidence base loss of writ of execution.

If, after considering the reasons for the loss, this fact is indeed confirmed at the court session, then a decision will be made to issue a duplicate. It is issued only after the entry into force of the adopted resolution, with subsequent sending to the executive service.

A special form of a writ of execution is filled in similarly to a previously issued document. It completely duplicates all the data from the previous document and has the same legal force. For making a duplicate government duty not charged.

Where to go with this sheet

The legislation describes the ability of the creditor to independently take actions in relation to obtaining finance from the debtor, which are indicated in the court decision.

Thus, the recipient of the penalty appointed by the court, if he has reliable information about the current bank account of the debtor, maybe:

• to apply for the write-off of the debt from the deposit opened in this institution;
• when the total amount of the recovery is less than 25 thousand rubles, then he can apply to the administration at the place of work of the defendant, or to an institution that pays him other types of assistance (for example, pensions).

Forcing the payment of finances in favor of the one who received the writ of execution in his hands can be employees specially appointed to control the implementation of court decisions. At the request of the claimant and on the basis of Art. 30 of the Federal Law No. 229-FZ of 02.10.2007 “On Enforcement Proceedings”, they must initiate a case to fulfill the requirements set out by the court in the writ of execution. The recipient can apply for the transfer to work of a judicial document personally or through another citizen who needs to be issued for this.

In the text of the statement sometimes they ask to seize the property of the defendant, which guarantees the fulfillment of the requirements of the writ of execution. Even in the petition, the claimants submit a request for the approval of certain restrictions that are provided for by the current legislation.

Collectors address their appeal on initiation of proceedings and collection of finances to compulsory order to the branch of the executive service at the location of the debtor. However, there are some differences in who is the defendant.

The claimant needs to know and be aware of such enforcement factors:

1. If the debtor individual, then enforcement actions will be carried out at his place of registration, personal stay or location of his property.
2. In the case when it is necessary to withhold finances from the organization, then executive actions are performed at the location of the property or at the location of the branch.

In each case, when the address information is known to the recipient, he has the right to send a document with an application to the territorial branch at the place of execution.

When receiving for the first time papers on the application of compulsory collection bailiff issues a decision on the initiation of enforcement proceedings. In it, he determines the period for the debtor to voluntarily comply with the requirement of the judgment.

At the same time, the bailiff warns the participants about the enforcement if the amount is not paid within the provided period of voluntary compliance with the requirements of the court decision. The time that is provided to the debtor is not more than 5 days from the date of receipt by him of the decision to open enforcement proceedings.

The procedure for applying for debt collection

When making submission of documents bailiffs must indicate the following:

1. Enter the details of the division of the Federal Bailiff Service (FSSP).
2. The name of the court that made the decision and issued the writ of execution;
3. Case number;
4. Date, signature of the applicant or his representative.

When the location of the debtor is not known to the recoverer, you can apply to the court with a request to send an application with an attached writ of execution territorial body FSSP. If the application is signed by a representative, do not forget to attach a copy of the power of attorney.

The rules for filing writ of execution to bailiffs are set out in the following video story:

Procedure and terms of debt collection

In the executive service, after receiving the application and the collection document, the bailiff initiates enforcement proceedings within 3 days. If the appeal occurs for the first time, then he appoints deadline for meeting requirements on a voluntary basis within 5 days. The beginning of the countdown of this period - from the date of familiarization by the defendant with the decision to initiate enforcement proceedings.

The law mentioned above defines a certain recovery period: according to Art. 36 of the Federal Law, all requirements specified in the official form must be met within 2 months. Moreover, it does not include those periods of time when the recovery is suspended or postponed.

On the territory of the Russian Federation, proceedings on enforcement orders are resolved quickly in rare cases. To expedite the collection process it is good to provide as much information about the debtor as possible.

Any information about financial condition the defendant will help the bailiff to quickly fulfill his official duties in relation to the received writ of execution. Remind yourself more often and during visits to the contractor, specify what actions they have taken to collect the debt. The creditor may request to update requests to bank branches or other organizations. Thus, you will quickly achieve the receipt of the amount of money that is awarded for deduction from the debtor.

How to act correctly if this document is received for the contractor under a work contract is described in the following video material:

A writ of execution is one of the types of documents that must ensure the implementation of a decision of a judicial or regulatory body. Among such instructions for execution, in addition to this document, include court order or agreement to pay child support. This is not the whole list of documents aimed at compulsory seizure material assets in favor of the injured party. The most common order of the judicial body to bailiffs and the plaintiff is a writ of execution.

The procedure for obtaining a court decision for recovery

The usual procedure for the execution of pecuniary punishment in favor of the other party is to obtain a writ of execution. This document is issued in the office of the court, which considered the case on the personal application of the party interested in receiving compensation. Usually this is the plaintiff, on whose application the case was considered, and the court decision was made. How to get a writ of execution after the entry into force of the decision is described in the article.

10 days after the decision of the court of first instance total production, the plaintiff must file an application with the clerk of the court with a request to issue an order for the execution of the decision. This application is written on a special form, it indicates when the trial took place and who conducted it.

The legal representative of the plaintiff must apply to the court with the same statement, if he is instructed to do so. The power of attorney for the right to represent the interests of the plaintiff must be notarized.

The received document must be read carefully, check all data by addresses, data of all actors, accuracy of dates and case numbering, knowing that a writ of execution with errors will not be taken into production, and another can be obtained only by a court decision already on the re-issuance of an order. Therefore, sparing no time and not relying on the attentiveness of the secretary, you should read each letter.

The writ of execution is the main document for obtaining material compensation in court. Therefore, even when giving a document to official production, you should keep for yourself a copy certified by a notary.

Only one writ of execution is issued per case. If there is a group of solidary defendants, then a court order is issued for collection from each of them, but the court decision is entered one for all.

It happens that there is only one defendant, but the circumstances are such that collection is imposed in different places and even regions. In this case, when issuing a writ of execution, a specific share of material compensation is entered into each of them.

Receiving a refund under a writ of execution

In some cases, the plaintiff may himself receive the amount due by order of the court. So, by contacting the bank where the defendant's deposits are, You can receive the entire amount or all funds by writ of execution available in the debtor's account. But, more often it happens that this document is submitted for further proceedings to the Federal Bailiff Service on the basis of Article 5 of the Law on Enforcement Proceedings.

At the same time, it is important to know that the execution order should be submitted to the executors at the place of residence of the debtor. For this write two copies of the application with a request to accept in production and attached:

• performance list;
• a copy of the recipient's passport;
• a copy of the savings book for the transfer of penalties.

The recipient is left with a copy of the application, certified by a seal, and there, among other submitted documents, the main one for collection is recorded.

If the bailiff loses the recovery order, he will be punished financially, however, a court decision will be required to restore the document.

It happens that the debtor lives in another city. Documents can only be sent by registered mail. with a description of the attachment. Even better would be to bring it in person. The bailiffs will open the case and will try to close the writ of execution, that is, to receive a refund. But often, without the help of the plaintiff, the writ of execution is in production for a long time. Therefore, the plaintiff should be interested in obtaining his own funds and help the bailiffs with the available information.

In addition, not any property can be arrested with subsequent sale. By law, you cannot confiscate:

• residential premises, if it is the only one, except for the mortgage debt;
• household items and clothing, except for jewelry;
• animals, if there is no sign of commercial breeding;
• seeds and foodstuffs;
• transportation for the disabled.

Only the personal property of the debtor and items not included in the list of prohibited items for confiscation are subject to confiscation.

Can the victim not receive a writ of execution in his hands?

If the debtor does not have the opportunity to deliver an order for material compensation to the Federal bailiffs system or the defendant's place of residence is unknown, it is necessary to write to the court an application for sending a court order for recovery to the bailiff service. In this case, the two branches of judicial and executive power will interact with each other.

Writs of execution are issued not only as part of the consideration of cases by courts of general jurisdiction, but also by arbitration and arbitration courts. But if to receive reimbursement from individuals and legal entities sufficient writ of execution, for recovery from budgetary authorities, you must additionally attach a copy of the court order.

Features in proceedings related to writ of execution

If within three years the writ of execution was not presented for execution, it lost its legal force. You can restore such a sheet through the court, but the restored document must be submitted for collection within three months.

If it seems to the victim that the bailiff is inactive in fulfilling his recovery order, he can apply to the court with a statement and ask to appoint another bailiff. The application will be considered within ten days and the decision of the applicant will be notified.

The writ of execution may be withdrawn without execution under certain circumstances, but this decision must again be confirmed by a court decision. Sometimes the sheet is returned to the recoverer due to the impossibility of proceedings on the initiative of the bailiffs. Such a reasoned action must also be confirmed by a court decision.

Unable to find a compromise in any case, the disputing parties resort to court with the hope of finding a solution to their problem. defend own interests in the courts - this is half the battle, the main 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.

What is a writ of execution

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 judicial trial to another.

Types of writ of execution

According to internal content ILs are differentiated into 2 groups and depend on the type of penalty. Types of deductions on writ of execution:

• property. Contains information about the collection of money. This is the most common type of document with an order to one person to pay the 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. Decide whether or not to take the indicated actions, for example, transfer the garage to another person or reinstate the person in a previous job.

Where to get a writ of execution by court order

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 according to 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.

How to get a writ of execution by court order

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 (surname, 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.

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 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:

• send an application to a banking institution when the debtor's account is there;
• apply at the place where the obligated person receives income, if the amount is not higher than 25,000 rubles;
• use collection agencies.

Presentation 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 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.

How bailiffs work on a writ of execution

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 financial resources. In the absence of money, the property of the obligated person is seized in order to sell it and receive money.

Validity of the writ of execution

There is a statutory deadline for the recovery of a writ of execution by bailiffs. In cases of courts of general jurisdiction, the collection period takes three years or until the moment when a deferral for repayment of doubtful debts was issued. Decisions of arbitration courts are valid only for 3 months, which you need to know about. 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 it is possible to suspend a writ of execution. The term is interrupted if the obligated person partially repays the debt or the IL is provided for sale. If the term is renewed again, then the previous period that has expired before the start of debt payment is credited to the new one. When it is impossible to fulfill obligations under a court decision, new period considered from the date of receipt of the document by the claimant.

There are certain circumstances when it is not allowed to renew the terms of recovery from the debtor. The only possible way to resume this process is to apply to the court that issued the decision with a statement. Termination, in contrast to suspension, occurs due to the declaration of the debtor as dead, when claims are withdrawn by the plaintiff, etc.

Debts on writ of execution

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 the debt exceeds 10,000 rubles, then a number of restrictions are imposed on the debtor. He will not be released outside of Russia until the amount is repaid and will not be able to receive a loan, since his data is entered in the database of bailiffs, in which you can view and check the information online.

The accounting department of enterprises and organizations maintains a file on IL for easy viewing of information and in order to be able to withhold (transfer) the required amount of debt from the accrued salary of the defendant. Before properly withholding alimony on a writ of execution, etc., is published in without fail company order. The debtor has the right to apply for a reduction in the amount of payments.

Video: How to file a writ of execution with bailiffs