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Application to the head of the bailiffs. Sample application to bailiffs for the recovery of a writ of execution

from 31/12/2018

Issues of enforcement of court decisions by specially authorized government bodies dedicated to the section Applications to bailiffs. With legal basis examples of statements placed in this section can be found additionally in the section "".

Enforcement proceedings begin with the receipt of a correctly executed application for the initiation of enforcement proceedings and the original writ of execution.

Statements to the bailiffs on the implementation of enforcement actions

Simultaneously with the initiation of enforcement proceedings or directly in the course of it, the recoverer may significantly and legally restrict the rights of the debtor. First of all, it is the right to freedom of movement. On the site you can familiarize yourself with the procedure for applying for a restriction on restrictions on the debtor's departure. Through the service of bailiffs, you can demand to organize a search for the debtor and his property, the seizure of property.

By the way, it is possible to seize property not only on the basis of a writ of execution, but also with a positive consideration by the court of an application for securing a claim.

Any action of the bailiff-performer must be formalized by the issuance of a decision by him. Therefore, the parties have the right to familiarize themselves with the materials of the enforcement proceedings and consider the need to file a complaint against the bailiff, which, if there are grounds, contributes to a faster execution of the court decision. If the example you need is not available on the site, you can use general information on the procedure for drawing up a petition to the bailiff or use the help of a lawyer by contacting the "legal consultation" section.

The procedure for considering an application to bailiffs

All applications to bailiffs must be made in writing and submitted through the office of the service. The employee of the office is obliged to mark the receipt on the second copy. Then the applicant will have a reason to demand, including through the court, to consider his application or appeal against the bailiff's inaction.

The deadlines for considering applications to bailiffs vary. When calculating the deadline, do not forget that the office employee has 3 days to register the application received. The result of the consideration of the application is formalized by issuing a decision of the bailiff (except for cases of familiarization with the case, when the applicant makes a mark), which can be filed with a senior bailiff or in court.

The formal action that bailiffs take to collect debts is a lengthy process. Many creditors who have won a decision in their favor in court are unable to long time wait for it to be implemented. However, according to Russian laws Even without the assistance of civil servants, the creditor can receive from the debtor the money due to him, if they are stored in the bank, simply by submitting an application for writ of execution.

The legal basis for the Claimant's appeal to the bank is the following legislative acts:

  • Federal Law No. 229 “On Enforcement Proceedings”, paragraph 1, art. 8, Art. 70;
  • Regulation of the Central Bank of Russia No. 285-P, “On the Procedure for Acceptance and Execution by Credit Institutions, Subdivisions of the Bank of Russia Settlement Network of Executive Documents Submitted by Creditors”.

These documents stipulate in detail the conditions, terms and rules for the fulfillment by banking and credit institutions of the Claimant's requirements.

How to find account information

The first action of the creditor is to search for accounts opened by the debtor and having a positive balance. Finding this data is quite simple if the defendant is not a common person but an officially registered legal entity. And by law, each organization must report comprehensive information about its accounts available in any banking structure, in Tax Inspectorate at the place of registration.

At the same time, taxpayers must provide information within a week after the completion of banking transactions. Therefore, the Federal Tax Service of the Russian Federation contains the most up-to-date data on the accounts of all those who are legally registered legal entities.

Russian legislation the recoverer is granted the right to receive information from the tax service concerning the debtor. To find out necessary information, he needs to follow these steps:

  • determine in which division of the Federal Tax Service of the Russian Federation the legal entity is registered;
  • draw up an application in which to ask for information about the registered accounts of the debtor, add to it a duplicate of the writ of execution (notarized);
  • receive a certificate containing the requested data.

The tax service is obliged to respond to the application within three days after accepting the documents for consideration.

Procedure for submitting an application

Having received the necessary information about the current accounts of the debtor, the Creditor can already apply directly to the bank. The procedure for satisfying the requirements set out in the executive order is carried out in the following sequence:

  • the recoverer draws up an official appeal to the banking structure, in which he sets out the essence of the court decision made in his favor and a request to withdraw money from the debtor's account with their subsequent transfer to the account of the Recoverer;
  • an executive document is attached to the application;
  • a bank employee enters data on the documents accepted by him in the registration journal;
  • the bank's management creates a collection order drawn up in accordance with the Regulation of the Bank of the Russian Federation dated 03.10.2002 "On non-cash payments in RF".
  • bank employees transfer money, which is credited to the Creditor's account within three days.

On this, the procedure for collecting money is considered completed. For the fastest and most successful execution of this operation, it is necessary that all documents submitted to the bank be correctly filled out.

Rules for compiling and sample application

An application to the bank on behalf of the Creditor must contain the following information about him:

  • Full name, indication of citizenship;
  • detailed passport data;
  • location;
  • account number to which the money should be transferred.

In the event that the Creditor is an official legal entity, then it shall indicate:

  • Name of the organization;
  • TIN, code foreign organization;
  • requisites state registration(place and number);
  • official legal address;
  • number of the bank account intended for crediting money to it.

When the interests of the organization are carried out by its representative, then in the application he writes:

  • data of the document in which his authority is officially established;
  • complete information about yourself;
  • complete information about the organization.

When submitting a completed application to a financial institution, it is necessary that the bank employee who officially accepts it for consideration gives the Creditor a copy containing:

  • date of acceptance;
  • bank stamp;
  • personal signature of a bank employee.

This procedure will help to avoid any misunderstandings in the future.

Penalty amount

The banking organization is obliged, after the adoption of the resolution on the collection withdrawal of funds, to transfer the full amount indicated in the document submitted by the Claimant.

Immediate conditions for the transfer:

  • there is an amount on the open account of the debtor sufficient to carry out this operation - it will be completed in full within three days;
  • the debtor opened not one, but several open accounts in one bank - the management has the right to dispose of any of them or all at once;
  • there is not enough money on the debtor's accounts to fulfill the requirements of the Claimant - the transfer will be made for the available amount, and the remaining funds will be collected as they are received on the debtor's account.

As soon as the money, according to the decision of the court, is fully transferred to the account of the Claimant, the case is considered closed. Bank employees send the executive document to the authority that issued it.

How to collect debtor's funds from different banks and an application for withdrawal

The debtor may well have full-fledged accounts in different financial institutions. This complicates the collection process somewhat. In this case, you will have to go through the procedure of contacting the bank, writing an application and submitting documents several times.

Actions should begin with the organization in which the organization in debt has the largest cash savings. As soon as all of them are listed directly to the Claimant, but they will not be enough, it makes sense to contact the employees financial structure for the purpose of withdrawing the executive document. According to the law, the sequence of this action is as follows:

  • The recoverer submits an application in which he informs about the withdrawal of the writ of execution;
  • the next day (no later than) the bank returns the writ of execution;
  • in the registration journal, bank employees make a record that the writ of execution was returned;
  • The recoverer picks up the document in person and signs the application, indicating the date of receipt; or a writ of execution is sent to him by post.

On the reverse side the writ of execution, which was withdrawn from the bank, must be indicated:

  • What is the reason for his return?
  • revocation date;
  • the amount that was collected from the debtor.

All records are certified personally by the accounting officer and the chief accountant, and the bank's stamp is put on the document.

passport series ______ No. ________________

when "" _________________________

I ask you to return the money to me in the amount (in words) ___________________ __________________________________________________________________________________________________________________________________________________

paid for (indicate the grounds for payment, address of the property)

in connection with (indicate the reason for the refusal) ___________________________________________

Please transfer the refunded funds to the following bank details(indicate the name and details of the bank (BIC, correspondent account, beneficiary's current account)):

« » _______________20, signature

Below is a sample claim - so intelligible

AT ______________________________
(name of court)
from _____________________________
(name of the applicant, address)
Interested party: ___________
(name, address
bailiff)
Debtor (collector): _____________
(name of the second party, address)

challenging the actions of a bailiff

"___" _________ ____, by the decision of the bailiff-executor, enforcement proceedings were initiated on the basis of a writ of execution ( court order) on the recovery from _________ (full name of the debtor) in favor of _________ (full name of the recoverer) a sum of money _______ rubles.

In the course of enforcement actions, the bailiff-performer committed the following actions _________ (indicate the actions (inaction) that are being appealed by the applicant).

I do not agree with these actions, because they violate my rights _________ (indicate what the violation of the applicant's rights is).

In accordance with Article 441 of the Civil Procedure Code of the Russian Federation, the decisions of the bailiff, their actions (inaction) can be challenged by the recoverer, the debtor or persons whose rights and interests are violated by such decision, actions (inaction). An application for contesting the decisions of an official of the bailiff service, his actions (inaction) is filed with the court in the area of ​​activity of which the specified official performs his duties, within ten days from the date of the decision, the commission of actions or from the day when the recoverer, debtor or persons whose rights and interests are violated by such a decision, actions (inaction), became aware of the violation of their rights and interests.

Based on the foregoing, guided by articles 131-132, 441 of the Civil Procedure Code of the Russian Federation,

  1. Recognize as illegal the actions of the bailiff _________ (list illegal actions (inaction), indicate the details of the appealed decision).
  2. Oblige _________ (full name of the bailiff) to eliminate in full the violation of my rights.

List of documents attached to the application (copies according to the number of persons participating in the case):

  1. Copy of the application
  2. A copy of the decision to initiate enforcement proceedings
  3. Complained decision (written response)
  4. Available documents supporting the arguments set forth in the application

Date of application "___" _________ ____ Signature _______

I hope my answer helped you, don't forget to leave your feedback for the answer

Application to the bailiff service sample form

Litigation is over. During this period, relaxation and euphoria from the newfound victory come. As a rule, citizens who have won a judge's decision in their favor do not take into account the fact that this still does not allow them to receive legitimate payments and compensation.

After the end of the trial, a decision will be issued. Copies will be made and distributed to all participants. But that's not all. In our state, there is an instance whose task is to control the timely fulfillment of the conditions of court decisions.

This instance is called the executive service. Its employees have the title of bailiffs.

The role of bailiffs and how to start enforcement proceedings

Recovery proceedings do not start automatically. To initiate it, you will have to take a few simple, but mandatory steps. First, you need to get a writ of execution (sheet) from the court. It must be brought (sent) to the executive service. And it is precisely in the one that is under the jurisdiction of the court that issued the verdict.

The writ of execution itself is not enough. It must be accompanied by an appeal to the senior bailiff with a request to start proceedings to recover the payments appointed by the court. Such statements are made in free form. Free examples can be obtained below. But, nevertheless, you need to prepare for writing it. Next will be an explanation of its structure and form.

We write a statement to the bailiffs

At the very beginning of the document, a standard "header" is written. It must be fully commemorated this service. Next, you must provide full information about the losing participant in the trial (debtor). Data on the submitting party (claimant) are also entered.

Below the header is the body of the call. It consists in a request to start collecting. This requirement must be justified. Therefore, to begin with, it will not be superfluous to describe the whole background. Namely, the date of the verdict, the name of the court, the amount and principles of compensation (recovery) are indicated. The following is a reference to the date and number of the executor, which will be an integral annex to the application.

Court decisions do not contain information about the payment process. They do not indicate the numbers of settlement bank accounts and so on. This must be written in the text. The name of the bank must be complete and the account number must be correct.

It will not be superfluous to make one copy of the statement for yourself. It will need to receive a mark on incoming registration.

The service will have three days from the date of the request to appoint a responsible bailiff. You must be informed about it. To do this, you must specify a contact phone number in your own data.

In conclusion, it is necessary to put required attributes appeals. Namely, the date, full name. signature.

Read also: I borrowed money without a receipt how to return

Below is a standard form and a sample application to the bailiff service, a version of which can be downloaded for free.

Statements to bailiffs

The section Applications to bailiffs is devoted to the issues of execution of court decisions by specially authorized state bodies. The legal basis for the examples of statements placed in this section can be found additionally in the section “Law on Enforcement Proceedings”.

Enforcement proceedings begin with the receipt of a correctly executed application for the initiation of enforcement proceedings and the original writ of execution.

Statements to the bailiffs on the implementation of enforcement actions

Simultaneously with the initiation of enforcement proceedings or directly in the course of it, the recoverer may significantly and legally restrict the rights of the debtor. First of all, it is the right to freedom of movement. On the site you can familiarize yourself with the procedure for applying for a restriction on restrictions on the debtor's departure. Through the service of bailiffs, you can demand to organize a search for the debtor and his property, the seizure of property.

By the way, it is possible to seize property not only on the basis of a writ of execution, but also with a positive consideration by the court of an application for securing a claim.

Any action of the bailiff-performer must be formalized by the issuance of a decision by him. Therefore, the parties have the right to familiarize themselves with the materials of the enforcement proceedings and consider the need to file a complaint against the bailiff, which, if there are grounds, contributes to a faster execution of the court decision. If the example you need is not available on the site, you can use general information on the procedure for drawing up a petition to the bailiff or use the help of a lawyer by contacting the "legal consultation" section.

The procedure for considering an application to bailiffs

All applications to bailiffs must be made in writing and submitted through the office of the service. The employee of the office is obliged to mark the receipt on the second copy. Then the applicant will have a reason to demand, including through the court, to consider his application or appeal against the bailiff's inaction.

The deadlines for considering applications to bailiffs vary. When calculating the deadline, do not forget that the office employee has 3 days to register the application received. The result of the consideration of the application is formalized by issuing a decision of the bailiff (except for cases of familiarization with the case, when the applicant makes a mark), which can be filed with a senior bailiff or in court.

Sample applications for bailiffs

Speed ​​up the work of bailiffs: sample and application form

Litigation involves, mainly, the decision in favor of one of the parties - the defendant or the plaintiff. After the completion of the consideration of the statement of claim, a writ of execution is issued, on the basis of which the other party is obliged to repay the debt. In some cases, the court independently transfers the document to the bailiff services for forced reimbursement of debts. However, most often the appeal and transfer of the application to the body occurs at the initiative of the claimant.

Writing an application for a bailiff: when is it necessary?

The most popular examples when you need to contact the FSSP with a sample application for the enforcement of cash collection Money, property, to establish the location of a person, etc. on a writ of execution:

  • bank employees - to recover accrued fines, penalties and return the principal amount of the debt from the borrower;
  • single mothers with underage children who are in their care - if the spouse fails to fulfill the obligations to pay alimony;
  • individuals - submitting a request for the purpose of an executive search for a child;
  • claimants who were illegally evicted from a residential facility - for their forced entry;
  • employees of enterprises and organizations - in case of illegal dismissal from work.

In order to be attached to the case file, the bailiff may decide on the presentation of an autobiography by a person for the purpose of his subsequent employment at his former place of work (according to the adopted resolution).

How to write an application for bailiffs?

It is necessary to write an application to the bailiff on a writ of execution to the service in the prescribed form, having previously read the required sample on the official website fssprus.ru.

Correct pattern statements to the bailiffs - download.

Sample application for acceptance of a writ of execution by the bailiff service for enforcement - download.

A sample application for the withdrawal of a writ of execution from bailiffs is written similarly to an application for acceptance.

In order to correctly write an application for initiating enforcement proceedings for its presentation to the SSP, you should use the form.

Application form to bailiffs for recovery (for example, alimony) on a writ of execution (initiation of enforcement proceedings) - download

Where to apply can be found on the website. federal service bailiffs. AT in electronic format a list of all BSCs operating in cities and regions is presented, indicating the address and contact phone number.

After the address has been received, you should start writing the application itself on the form prescribed by law. Reception of documents is carried out by the executive body on the day of their submission with registration in the journal of incoming mail.

It is imperative to know how to draw up an application, what information to indicate in it, as well as the basic rules for filling out the details:

  • in the upper right corner of the sheet is indicated the name of the bailiff service, last name, first name and patronymic of the head of the FSSP - the senior bailiff of the department;
  • below it is necessary to write from whom this letter is from, i.e., the correct details of the claimant - full name. address of registration and residence, phone number, account number opened with a bank (if necessary, transfer of funds);
  • if the claimant is a legal entity, then the full name of the organization, state registration number, actual and legal address are written in the header of the letter;
  • in the text of the letter, the date and number of the writ of execution or court order received in court should be filled in; information about the debtor, his contact details, place of residence, information about the presence of property, bank accounts (maximum full information); grounds for starting enforcement proceedings (the amount of debt, the amount of damage, etc.);
  • fill in the list of documents that are attached to the application in the appendix.

Read also: How much an apartment must be owned in order not to pay tax

Application to the bailiff: the order of the filing process and the progress of execution

The submission of a written sample application to bailiffs on a writ of execution is carried out in two printed copies (not in writing), one of which is stamped by the organization with the date and registration number. According to Federal Law No. 229-FZ"On Enforcement Proceedings", a bailiff will be appointed within three days.

If it is impossible to personally visit the FSSP, it is possible to send documents by registered mail. To confirm the fact of its receipt by the bailiffs, a return notice of delivery should be kept. When changing the place of residence, it is necessary to send a request to the SSP.

Application to the bailiffs for the recovery of alimony

When contacting the department of bailiffs, the recoverer may present a requirement to deduct payments for alimony from an employed person from a monthly salary. However, with a significant amount of them, the defendant may apply with a motivating response, which will mainly allow him to raise objections to the statement of claim. To do this, you must send a request to the FSSP to reduce the percentage of alimony. By revising this issue clarification may be needed from the plaintiff - a detailed explanatory note regarding the participation of the parent in the upbringing of the child.

In addition, it is possible to send a petition to the head of the SSP body to seize the debtor's property, to recover a debt, a petition for the forced eviction of a person illegally residing, etc. After submitting these documents, measures are taken to implement them.

Complaint against a bailiff

If there is a claim against the bailiff, the recoverer may draw up and file a complaint against his illegal, unreasonable actions or inaction.

Complaint form to bailiffs sample addressed to the senior executor - download.

After the verification by the higher authorities, measures will be taken to eliminate this executor from the case, or, in extreme cases, to surrender his powers.

Additional related materials:

Application for divorce 2017: a sample of a standard form and a statement of claim to the court, an application in the presence of children How to write a statement to the police: a sample and application form for fraud, theft, threat of murder Kindergarten 2017: a sample application for the admission and leave of a child, an application to a kindergarten How to write a complaint about management company: sample complaint to the Housing Inspectorate, to the prosecutor's office and Rospotrebnadzor Application to the traffic police for a replacement driver's license 2017: sample and application form, list of documents, state duty Sample application for time off: at your own expense, for previously worked time and for family reasons Alimony arrears : how to collect? Standard tax deductions for personal income tax for children in 2017: sample application

How to write an application to bailiffs?

To initiate the process of initiating enforcement proceedings, the recoverer submits the application to the bailiffs.

In addition, the need to file an appeal may arise already in the course of this process, including for the debtor.

When it is necessary?

The need to prepare an application and apply with it to the FSSP may arise in the following cases:

  • for the bank - reimbursement of penalties and the amount of the principal debt from the borrower;
  • single mothers with children - non-fulfillment by the father of the child of the obligation for his material support(alimony);
  • other citizens - submitting a request for an executive search for a minor;
  • illegally evicted citizens - a request for their forced resettlement;
  • employees of companies - in case of illegal dismissal.

Application to bailiffs

Proper application - milestone, because it is from him that the interaction between the claimant and the bailiff begins, who will continue to work on translating the court order into practice.

If the appeal is executed correctly, then the performer will work on them more productively.

All applications are transferred to bailiffs through the office. It is there that two copies of the appeal must be submitted. On one of them, an employee of the office will put his mark.

This is necessary, because in the future it will give the creditor the opportunity to challenge the inaction of the bailiff in court, if any.

Based on the result of consideration of the application, the official of the FSSP makes a decision. If the claimant disagrees with decision and considers it illegal, he has the right to appeal against it with a senior bailiff or in court.

About debt collection

So, when filing a debt collection application, you need to pay attention to the following points:

  • indicate in the text a request to accept a writ of execution, you also need to describe your request more specifically, dwell on litigation(date, adopted verdict);
  • a separate item must indicate the list of attachments to the application;
  • after indicating general information it is necessary in the text of the application to ask the bailiff to collect the amount specified in the appeal and transfer it to your bank account, if the funds are received by transfer, then you need to determine the post office;
  • at the end of the application, information about the date of its preparation, the full name of the claimant and his signature should be entered.

Legal relations with debtors push creditors to apply for initiation of proceedings. The procedure consists of several stages, during which there is an appeal to the court and to the bailiff service. The applicant is given documents on the case (list or order of the judge). How competently the application will be drawn up depends further fate debt.



The procedure for collecting a writ of execution

An application for the purpose of enforcement (compulsory) proceedings has a strictly written form. The appeal is considered in the territorial department of bailiffs. It is important to remember that the document is submitted at the place of actual consideration of the case. Actions of bailiffs on the writ of execution:

  • when contacting individuals- at the place of residence of the applicant, the location of the property, or at the place where the property was found in last time. In the latter case, the recoverer will need to take measures to search for the debtor's property;
  • when contacting organizations - by legal address, the location of the debt property or the location of the subsidiary (branch);
  • in case of other requirements - at the place of the debtor's actions in relation to creditors. These actions can be of both financial and other nature.

In particularly difficult cases, the applicant does not know which body of bailiffs to write an application to. Then it is advisable to send documents and an appeal addressed to the chief bailiff of the constituent entity of the Russian Federation. But before that, you need to view a sample petition to bailiffs on a writ of execution (on our website).

In what cases is an application written to the FSSP?

Before contacting the service bailiffs(bailiffs), the person concerned must receive the appropriate order and the sheet itself. People in uniform will begin to act only on the basis of a higher order (Article 30 of the Federal Law “On Enforcement Proceedings”). An appeal to the FSSP with a statement on the initiation of proceedings is relevant:

  • when the loan is overdue. The applicant is a bank that intends to recover the amount of the debt + penalties against the defaulter on the loan;
  • on alimony. Divorce requires the payment of alimony by one of the parents (most often the father). Failure by the ex-spouse of his obligations towards a single mother and child leads to the initiation of proceedings in accordance with the executive document (sheet);
  • search for a minor. Applicants are usually guardianship authorities or third parties. The search is carried out jointly with law enforcement agencies;
  • illegal eviction. Often bailiffs are forced to consider the appeals of deceived tenants who were subjected to unlawful eviction from the apartment. The application for the initiation of proceedings implies a requirement for re-entry.

Life situations can be very different, and this is by no means an exhaustive list of appeals to the FSSP on the sheet in order to initiate enforcement proceedings and hold the debtor liable.

How to correctly state your requirements

The preparation and submission of an application to bailiffs precedes the initiation of proceedings on a writ of execution. The recoverer draws up a written appeal, where he sets out all the requirements for the opposite party (debtor). A sample application to the bailiffs for the initiation of compulsory enforcement proceedings is located below. The document must contain:

  • name and location of the FSSP;
  • Full name and contact details of the applicant (creditor);
  • Full name and information about the opposite party (debtor);
  • a written request to open a case in accordance with a writ of execution and a court order;
  • sheet information (form, date and number);
  • a statement of information about the case under consideration, indicating all the nuances of the debt, the timing of default, etc.;
  • the amount of debt at the time of contacting the bailiffs;
  • details of the applicant's bank account for transferring the amount of debt to be collected;
  • date and signature of the claimant.

The appeal and the writ of execution (judicial) are transferred to the office of bailiffs personally by the applicant or through a representative. In the second case, the representative must provide a power of attorney stating that he is acting on behalf of the principal. An employee of the office accepts a written request and a sheet, after which he issues a special coupon with a stamp. The term for consideration of applications of citizens and legal entities is 3 days. Based on the results of familiarization with the writ of execution, the bailiffs send a response.

The procedure for initiating enforcement proceedings

The definition says: enforcement proceedings are a legal procedure involving the collection of money or property of the debtor in payment of his debt. According to the rules, proceedings are initiated after the submission of an application and a writ of execution from the creditor or his representative. The order is as follows.
  1. Without waiting for the repayment of the debt or alimony on time, the applicant has the right to file statement of claim to court. Based on the results of the hearings, the judicial body issues a verdict on the enforcement of debt collection. The plaintiff receives a writ of execution or a court order.
  2. At the second stage, the interested person submits an application at the place of service of bailiffs (bailiffs). Moreover, either at the location of the property, or at the location (registration) of the debtor. Together with a written request, the recoverer sends a writ of execution (agreement on the payment of alimony).
  3. At the third stage, the senior bailiff makes a decision to initiate enforcement proceedings. The service draws up three copies of the decision and sends them to the addresses of the applicant, the debtor and the judicial authority.
  4. The execution period for the case is 3 years. The debtor is given 5 days to voluntarily repay the debt. Otherwise, the bailiffs seize the accounts and describe the property of the defaulter (Article 36 of the Federal Law “On Enforcement Proceedings”).

Enforcement proceedings are the final stage of the process, during which the court decision is put into practice.

In this case, the court decision can be executed voluntarily or forcibly (after the time allotted for voluntary actions has elapsed).

The procedure for the return of a debt in pursuance of a court decision is initiated by an application for the initiation of enforcement proceedings drawn up by the interested party that won the process (collector).

Enforcement proceedings are initiated in the event that a court order is available, and the debt amount is collected in compulsory order, since the deadline for resolving the situation “peacefully” and in good faith has expired.

Federal Law No. 229 "On Enforcement Proceedings" 2007/02/10 edition 2016/03/07 and 2016/01/10

Federal Law No. 118 "On bailiffs" 1997/21/07 edition 2016/03/07

A won case and a court order in hand do not mean at all that the debtor will be imbued with the situation and immediately execute the court order. The return of debts by force by order of the court is carried out by the Federal Service of Bailiffs, which has territorial subdivisions countrywide.

Within 3 years (shorter terms are possible in certain situations), the writ of execution is accepted authorized person for execution (FZ 229 Article 21). An application (+ documents) with a request to initiate proceedings is submitted to the regional / territorial formation of the BSC:

  • at the place of registration (actual residence, established last location) of the debtor-person;
  • at the legal address or the address of the actual location of the property of the debtor-collective;
  • at the place of implementation of enforcement actions prescribed by the court.

The writ of execution must contain complete information about the defendant and comprehensive information about the origin of the submitted writ of execution (FZ 229 Article 13). Otherwise, as practice shows, the initiation of enforcement actions will be refused (Federal Law 229, Article 31, Clause 4).

Having at its disposal a writ of execution, as well as relevant information, the creditor can try to repay the debt on his own (FZ 229 articles 8, 9):

  • by submitting an application to the bank where the debtor has accounts;
  • by submitting an application at the place of work, study, in the Pension Fund, etc., if debt is collected on periodic payments and the total amount of debt is limited to 25 thousand.

The reality is that such a course of action turns out to be the fastest and most optimal than turning to bailiffs. By the way, in case of refusal or incomplete return of funds for any reason, the creditor is not deprived of the right to apply to the SSP.

Drawing up an application for initiation of enforcement proceedings

Consider how an application is made to the FSSP to initiate enforcement proceedings.

The bailiff activates the proceedings and begins the recovery procedure, based on the application, which is drawn up personally by the recoverer (his authorized representative), and the executive document presented by him (judicial or otherwise).

For example, alimony can be forcibly collected through the SSP not only by a court decision, but also in the case of a notarized agreement on voluntary alimony contributions (SC Ch. 16) concluded by the parties. maintenance agreement has legal force executive order.

There is no standard form for applying to the SSP to initiate proceedings pursuant to a court order. However, a number of mandatory requirements are imposed on the text of the application (Federal Law 229, Article 30):

  1. The header should contain the name and coordinates of the SSP where the application is being submitted, as well as the full name and contact details of the applicant. The contact details of the claimant should indicate all possible ways of contacting him, including e-mail.
  2. Name of the appeal - Application for initiation of enforcement proceedings. There is no other name for the appeal to the SSP.
  3. A request to open a procedure indicating a document issued by the court, on the basis of which the claimant applies to bailiffs, with full description its origin (No. il, when, by whom and on what basis issued).
  4. Maximum information about the debtor, including his place of service, standard of living, sources of income, benefits received, the actual location of himself and his property, bank accounts, etc. The more information is provided, the faster the bailiff's case will go. This will simplify his work and speed up the return of the debt.
  5. Requirement of specific actions on the part of the BSC in relation to the debtor. Usually they put forward demands to arrest the property belonging to the defendant and prevent him from traveling abroad.
  6. The subject of collection and the amount of the amount to be returned.
  7. Indication of the account to which the collected funds should be transferred. The account must belong to the claimant who initiates the proceedings, and not to a third party.
  8. List of attached documents.
  9. Signature, full name, date.

Within three days, the bailiff receives documents from the office. The bailiff was also given 3 days to consider the received appeal and accompanying papers (FZ 229, article 30, paragraphs 7, 9), after which he makes a decision:

  • initiate production;
  • refuse to produce (Article 31);
  • redirect the case to another department (in case of an erroneous place of application).

If the bailiff who accepted the case for execution initiates enforcement proceedings, he first establishes a voluntary temporary delta for the debtor (in practice it is 5-10 days), which the debtor is informed about. After the expiration of the specified period, enforcement actions begin to recover debt amounts from the defendant.

Required documents

All documents should be photocopied and submitted simultaneously with the originals for identification:

  • applicant's passport;
  • application for initiation of proceedings;
  • original writ of execution (+ a court decision is not so rarely demanded).

All papers can be sent by mail (with acknowledgment of receipt) or presented in person.

Sample application to bailiffs 2016

The law does not establish a clear form of contacting the bailiff service. The application can be drawn up in any form, but it must certainly contain specific information.

A sample application can be downloaded on the Internet at any legal portal or taken from the nearest local FSSP institution (on the information board).

_________________________________

subdivision

territorial body of the FSSP

the address: ________________________________

from _________________________________

(Full name or name of the claimant)

passport details of the claimant (details

legal entity): ___________________

the address: _______________________________,

phone fax: __________,

the address Email: ______________

Statement

on initiation of enforcement proceedings

"__" ___________ ____ on the basis of a court decision ________________ dated "__" ___________ ____ in case N _____ _____ Full name of the claimant ___

was issued by ________________________________ N ___ dated "__" ___________

to implement property recovery ________________________________

(subject of property recovery)

with ______ Full name ___________.

In accordance with Part. 1, 2 Article. 30, part 2, art. 67 federal law dated 02.10.2007 N 229-FZ "On Enforcement Proceedings" I ask:

1. Initiate enforcement proceedings against ___ Full name ____ and recover the amount of _____ (in words) rubles.

2. Seize property ______ Full name ______.

3. Install _____ Full name _____ temporary restriction on leaving the Russian Federation.

Applications:

1. Executive document N _____ dated "__" ___________ ____

2. Details of the bank account of the claimant, to which the collected funds should be transferred.

3. Documents containing information about the debtor, his property status and other information that may be relevant for the timely and complete execution of the requirements of the executive document.

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