Return of the writ of execution to the claimant. The bailiffs ended the proceedings due to the debtor's lack of property, what to do? Decision to cancel enforcement proceedings

In the resolution on the end of the enforcement proceedings, with the exception of the end of the enforcement proceedings under the executive document on interim measures, the search for the debtor, his property, the search for the child, as well as the restrictions imposed on the debtor, including restrictions on leaving the Russian Federation and restrictions on the debtor's rights to his property. 5. If, after the end of the main enforcement proceedings, enforcement proceedings are initiated, provided for by part 7 of this article, then the restrictions established for the debtor in the course of the main enforcement proceedings are retained by the bailiff-executor in the amounts necessary for the execution of the newly initiated enforcement proceedings. 6.

Cancellation of enforcement proceedings by court order

He lived at his own address, had property, kept all the official salary on bank cards. However, we will not examine the issue of the effectiveness of bailiffs.

Attention

The writ of execution is returned to the creditor on the following grounds:

• the debtor has no property;
• the debtor cannot be found;
• the claimant (bank) refuses to keep the seized property.

Final write-off? If the bailiffs returned the writ of execution to the creditor with a corresponding note, this does not mean for the debtor that everything is over. It is too early for him to drink champagne, and the claimant should not despair.

After the return of the sheet, another three years must pass. Run a little Let's simulate the situation to understand the big picture. The man stopped paying his debts in March 2016.
Within three years, you have the right to sue the creditor.

Cancellation of enforcement proceedings of bailiffs

The original of the enforcement document in the cases provided for in clauses 1, 2, 8 and 9 of part 1 of this article remains in the completed enforcement proceedings. In other cases, a copy of the court order remains in the completed enforcement proceedings.

3. On the end of the enforcement proceedings, a resolution is issued indicating the fulfillment of the requirements contained in the enforcement document, in whole or in part, or their non-fulfillment. At the end of the consolidated enforcement proceedings on executive documents containing a requirement for joint collection, the resolution indicates from which debtor and in what amount the joint collection was made.
4.

What is the limitation period for enforcement proceedings

Article 43. Termination of enforcement proceedings 1. Enforcement proceedings shall be terminated by a court in the following cases: 1) death of a claimant-citizen (debtor-citizen), declaration of him as deceased or recognition as missing, if the requirements or obligations established by a judicial act, act of another body or official are not can pass to the legal successor and cannot be realized by the trustee appointed by the guardianship and trusteeship body; 2) the loss of the possibility of executing a court order obliging the debtor to perform certain actions (refrain from performing certain actions); 3) the recoverer's refusal to receive the thing seized from the debtor in the course of the execution of the court order containing the requirement to transfer it to the recoverer; 4) in other cases when federal law provides for the termination of enforcement proceedings.
2.

The term for the termination of enforcement proceedings

Indicate that since you were not familiar with the order, and the proceedings have already entered into force, therefore, there is a violation of the law, since in order to start the execution of the proceedings, the court must have confirmation that the debtor received a copy of the court order. The reason for this is Article 128 of the Civil Procedure Code of the Russian Federation.
Enforcement proceedings have been initiated against you. This is possible if you are overdue, if a bankruptcy case has been initiated, or if someone has won a case against you in court.

Termination of enforcement proceedings is possible in several ways. The first way is to fulfill all the requirements of the bailiff-executor.

The second way is to appeal against the decision to start enforcement proceedings. Instruction 1 The Law "On Enforcement Proceedings" gives you the opportunity to voluntarily fulfill the requirements set out in the writ of execution.

Enforcement proceedings by bailiffs: terms

Enforcement proceedings shall be terminated by the bailiff-executor in the following cases: 1) the court adopts an act on the termination of the execution of the enforcement document issued by him; 2) acceptance by the court of the recoverer's refusal to collect; 3) approval by the court of an amicable agreement between the claimant and the debtor; 4) cancellation of the judicial act on the basis of which the executive document was issued; 5) cancellation or invalidation of the executive document on the basis of which the enforcement proceedings were initiated; 6) termination, on the grounds and in the manner established by federal law, of the execution of a judicial act, an act of another body or official in a case of an administrative offense by a court, other body or official that issued the executive document. Consequences of termination of enforcement proceedings: 1.

Termination and termination of enforcement proceedings

Enforcement proceedings shall be terminated by the court in the following cases: 1) the death of the claimant-citizen (the debtor-citizen), his declaration as deceased or recognition as missing, if the requirements or obligations established by a judicial act, an act of another body or official cannot pass to the legal successor and cannot be implemented by a trustee appointed by the guardianship and trusteeship body; 2) the loss of the possibility of executing a court order obliging the debtor to perform certain actions (refrain from performing certain actions); 3) the recoverer's refusal to receive the thing seized from the debtor in the course of the execution of the court order containing the requirement to transfer it to the recoverer; 4) in other cases when federal law provides for the termination of enforcement proceedings.

What is the limitation period for enforcement proceedings of bailiffs?

• The claimant refused to receive the thing seized from the debtor during the execution of the order;
• In other cases stipulated by the legislation of the Russian Federation.

Cases when the proceedings were terminated by the bailiffs:

• The court adopted an act on the termination of the execution of the previously issued ruling;
• The court accepted the plaintiff's refusal to collect the debt;
• An amicable agreement has been concluded between the plaintiff and the defendant;
• Cancellation of the judicial act, on the basis of which the executive document was issued earlier;
• The document on the basis of which the proceedings were initiated was invalidated or canceled altogether;
• Other cases provided by law.

All of these provisions are described in detail in Article 46 of Part 1 of Section 3 and Article 46 of Part 1 of Section 4.

Info

In the executive document, the bailiff-executor makes a mark on the full execution of the requirement of the executive document or indicates the part in which this requirement is fulfilled. The original of the enforcement document in the cases provided for in clauses 1, 2, 8 and 9 of part 1 of this article remains in the completed enforcement proceedings.

In other cases, a copy of the court order remains in the completed enforcement proceedings. On the end of the enforcement proceedings, a resolution is issued indicating the fulfillment of the requirements contained in the enforcement document, in whole or in part, or their non-fulfillment.

At the end of the consolidated enforcement proceedings on executive documents containing a requirement for joint collection, the resolution indicates from which debtor and in what amount the joint collection was made.

How much time is given to cancel enforcement proceedings

It is three years old. However, the main mistake is made by citizens in determining it. It all depends on whether the debtor received a writ of execution in his hands. If not, then the statute of limitations is counted slightly differently. Consider these two cases. The writ of execution is not served Suppose that a person took a loan from a bank and did not return it.
The latter went to court and won the case. In this case, he will be given a writ of execution. It must be handed over to the debtor within three years. However, you need to understand that this is not yet the statute of limitations for the enforcement proceedings of bailiffs. If, within three years, the debtor has not been handed the writ of execution, then we can assume that he has been forgiven. In this case, a second appeal to the court is impossible. Personal delivery of the sheet is obligatory It must be understood that the writ of execution must be handed over personally without fail.
A sample order on the end of enforcement proceedings A typical sample of a statement on the end of proceedings can be found here. Appeal against the decision to end the enforcement proceedings Every citizen has the right to appeal against the decision to end the proceedings even before the statute of limitations. For this, the law has established a period of 10 days. You can turn to the chief bailiff, to the court, to the prosecutor's office. The processing time for your application will depend on which authority you applied to.

• When applying to the court and to the UFSSP - 10 days;
• When applying to the prosecutor's office - 30 days.

Sample application This is what a sample application for cancellation of the order to complete the proceedings looks like.

1.1. This document defines the policy of the Limited Liability Company "" (hereinafter - the Company) in relation to the processing of personal data.

1.2 This Policy has been developed in accordance with the current legislation of the Russian Federation on personal data.

1.3 This Policy applies to all processes for the collection, recording, systematization, accumulation, storage, clarification, retrieval, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data carried out using automation tools and without using such means.

1.4. The policy is strictly followed by the employees of the Company.

1. Definitions

personal data- any information relating directly or indirectly to a specific or identifiable individual (subject of personal data);

operator- a state body, a municipal body, a legal entity or an individual, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;

processing of personal data- any action (operation) or a set of actions (operations) performed with the use of automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;

automated processing of personal data- processing of personal data using computer technology;

dissemination of personal data- actions aimed at disclosing personal data to an indefinite circle of persons;

provision of personal data- actions aimed at disclosing personal data to a certain person or a certain circle of persons;

blocking of personal data- temporary termination of the processing of personal data (unless the processing is necessary to clarify personal data);

destruction of personal data- actions as a result of which it becomes impossible to restore the content of personal data in the personal data information system and (or) as a result of which material carriers of personal data are destroyed;

anonymization of personal data- actions as a result of which it becomes impossible to determine the ownership of personal data by a specific subject of personal data without using additional information;

personal data information system- a set of personal data contained in databases and information technologies and technical means that ensure their processing.

1. Principles and conditions for the processing of personal data

3.1. The processing of personal data is carried out on the basis of the following principles:

1) The processing of personal data is carried out on a legal and fair basis;

2) The processing of personal data is limited to the achievement of specific, predetermined and legal purposes. Processing of personal data that is incompatible with the purposes of collecting personal data is not allowed;

3) It is not allowed to combine databases containing personal data, the processing of which is carried out for purposes incompatible with each other;

4) Only those personal data that meet the purposes of their processing are subject to processing;

6) When processing personal data, the accuracy of personal data, their sufficiency, and, if necessary, relevance in relation to the stated purposes of their processing is ensured.

7) The storage of personal data is carried out in a form that makes it possible to determine the subject of personal data no longer than the purpose of processing personal data requires, if the storage period for personal data is not established by federal law, an agreement to which the subject of personal data is a party, beneficiary or guarantor. The processed personal data are subject to destruction or depersonalization upon achievement of the processing goals or in case of loss of the need to achieve these goals, unless otherwise provided by federal law.

8) The company in its activities proceeds from the fact that the subject of personal data provides accurate and reliable information during interaction with the Company and notifies the representatives of the Company about changes in his personal data.

3.2. The company processes personal data only in the following cases:

• processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;
• the processing of personal data is carried out in connection with the participation of a person in constitutional, civil, administrative, criminal proceedings, proceedings in arbitration courts;
• the processing of personal data is necessary for the execution of a judicial act, an act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings (hereinafter referred to as the execution of a judicial act);
• the processing of personal data is necessary for the execution of an agreement to which the subject of personal data is a party or beneficiary or guarantor, as well as for concluding an agreement on the initiative of the subject of personal data or an agreement under which the subject of personal data will be the beneficiary or guarantor;
• the processing of personal data is necessary to protect the life, health or other vital interests of the subject of personal data, if it is impossible to obtain the consent of the subject of personal data;

3.4. The company has the right to entrust the processing of personal data of citizens to third parties, on the basis of an agreement concluded with these persons.
Persons who process personal data on behalf of LLC Legal Company "Start" undertake to comply with the principles and rules for the processing and protection of personal data provided for by Federal Law No. 152-FZ "On Personal Data". For each person, a list of actions (operations) with personal data that will be performed by a legal entity carrying out the processing of personal data, the purpose of processing is determined, the obligation of such a person to maintain confidentiality and ensure the security of personal data during their processing is specified, and requirements for the protection of processed personal data are specified. data.

3.5. If the Company entrusts the processing of personal data to another person, the Company bears responsibility to the subject of personal data for the actions of this person. The person who processes personal data on behalf of the Company is responsible to the Company.

3.6. The Company does not make decisions on the basis of exclusively automated processing of personal data that give rise to legal consequences in relation to the subject of personal data or otherwise affect his rights and legitimate interests.

3.7. The company destroys or depersonalizes personal data upon achievement of the processing goals or in case of loss of the need to achieve the processing purpose.

1. Personal data subjects

4.1. The company processes the personal data of the following persons:

• employees of the Company, as well as entities with which contracts of a civil nature have been concluded;
• candidates for filling vacant positions in the Company;
• clients of LLC Legal Company "Start";
• users of the website of LLC Legal Company "Start";

4.2. In some cases, the Company may also process personal data of representatives of the above-mentioned personal data subjects authorized on the basis of a power of attorney.

1. Rights of subjects of personal data

5.1. The personal data subject whose data is processed by the Company has the right to:

5.1.1. Receive the following information from the Company within the time frame provided for by the Law:

• confirmation of the fact of processing of personal data by LLC Legal Company "Start";
• on the legal basis and purposes of personal data processing;
• the methods of processing personal data used by the Company;
• the name and location of the Company;
• about persons who have access to personal data or to whom personal data may be disclosed on the basis of an agreement with LLC Legal Company "Start" or on the basis of federal law;
• a list of processed personal data relating to the citizen from whom the request was made and the source of their receipt, unless another procedure for providing such data is provided for by federal law;
• on the timing of processing personal data, including the timing of their storage;
• on the procedure for the exercise by a citizen of the rights provided for by the Federal Law "On Personal Data" No. 152-FZ;
• name and address of the person processing personal data on behalf of the Company;
• other information provided for by the Federal Law "On Personal Data" No. 152-FZ or other federal laws.

5.1.2. Require clarification of your personal data, their blocking or destruction if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing.

5.1.3. Withdraw your consent to the processing of personal data.

5.1.4. Demand the elimination of illegal actions of the Company in relation to his personal data.

5.1.5. Appeal against the actions or inaction of the Company to the Federal Service for Supervision in the Sphere of Communications, Information Technology and Mass Communications or in court if the citizen believes that LLC Legal Company Start is processing his personal data in violation of the requirements of Federal Law No. 152- Federal Law "On Personal Data" or otherwise violates his rights and freedoms.

5.1.6. To protect their rights and legitimate interests, including compensation for damages and / or compensation for moral damage in court.

1. Obligations of the Company

6.1. In accordance with the requirements of Federal Law No. 152-FZ "On Personal Data", the Company is obliged to:

• Provide the subject of personal data, upon his request, with information regarding the processing of his personal data, or legally provide a reasoned refusal containing a link to the provisions of the Federal Law.
• At the request of the subject of personal data, clarify the processed personal data, block or delete if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing.
• Maintain a Log for recording requests from subjects of personal data, which should record requests from subjects of personal data to obtain personal data, as well as the facts of providing personal data for these requests.
• Notify the subject of personal data about the processing of personal data if the personal data was not received from the subject of personal data.

The exceptions are the following cases:

The subject of personal data has been notified of the processing of his personal data by the relevant operator;

Personal data was obtained by the Company on the basis of federal law or in connection with the execution of an agreement to which the subject is a party or beneficiary or guarantor.

Personal data is obtained from a publicly available source;

Providing the personal data subject with the information contained in the Personal Data Processing Notice violates the rights and legitimate interests of third parties.

6.2. If the purpose of processing personal data is achieved, the Company is obliged to immediately stop processing personal data and destroy the corresponding personal data within a period not exceeding thirty days from the date of achieving the purpose of processing personal data, unless otherwise provided by an agreement to which the subject is a party, beneficiary or guarantor. personal data, another agreement between the Company and the subject of personal data, or if the Company is not entitled to process personal data without the consent of the subject of personal data on the grounds provided for by No. 152-ФЗ "On Personal Data" or other federal laws.

6.3. If the subject of personal data revokes consent to the processing of his personal data, the Company is obliged to stop processing personal data and destroy personal data within a period not exceeding thirty days from the date of receipt of the said revocation, unless otherwise provided by an agreement between the Company and the subject of personal data. The Company is obliged to notify the subject of personal data about the destruction of personal data.

6.4. In the event of a request from the subject to stop processing personal data in order to promote goods, works, services on the market, the Company is obliged to immediately stop processing personal data.

6.5. The company is obliged to process personal data only with the written consent of the subject of personal data, in the cases provided for by the Federal Law.

6.7. The company is obliged to explain to the subject of personal data the legal consequences of refusing to provide his personal data, if the provision of personal data is mandatory in accordance with Federal Law.

6.8. Notify the subject of personal data or his representative about all changes concerning the respective subject of personal data.

1. Information about the implemented measures for the protection of personal data

7.1. When processing personal data, the Company takes the necessary legal, organizational and technical measures to protect personal data from unauthorized or accidental access to them, destruction, alteration, blocking, copying, provision, dissemination of personal data, as well as from other illegal actions in relation to personal data.

7.2. Ensuring the security of personal data is achieved, in particular:

• identification of threats to the security of personal data during their processing in personal data information systems;
• the use of organizational and technical measures to ensure the security of personal data during their processing in personal data information systems, necessary to fulfill the requirements for the protection of personal data, the fulfillment of which is ensured by the levels of personal data protection established by the Government of the Russian Federation;
• the use of the procedure for assessing the compliance of information protection means that have passed in the prescribed manner;
• evaluating the effectiveness of measures taken to ensure the security of personal data prior to the commissioning of the personal data information system;
• taking into account machine carriers of personal data;
• detection of facts of unauthorized access to personal data and taking measures;
• restoration of personal data modified or destroyed due to unauthorized access to them;
• establishing rules for access to personal data processed in the personal data information system, as well as ensuring registration and accounting of all actions performed with personal data in the personal data information system;
• control over the measures taken to ensure the security of personal data and the level of security of information systems of personal data.
• assessment of harm that may be caused to subjects of personal data in case of violation of the legislation of the Russian Federation in the field of personal data, the ratio of this harm and measures taken to ensure compliance with the legislation of the Russian Federation in the field of personal data.

Enforcement actions by a court or other authority decision are terminated upon submission of a relevant application. Upon satisfaction of the requirements set forth in such a statement, all actions for enforcement proceedings are terminated (exceptions are restrictions on a judicial act).

In what cases it is necessary to file an application for termination of enforcement proceedings

In Art. 43 ФЗ dated 02.10.2007 N 229-ФЗ "On Enforcement Proceedings" describes in detail the grounds, and most importantly, where to go: to the court or directly to the bailiff.

The proceedings can be completed FSSP employee with which it was opened:

• adoption by the court of a decision to terminate the execution of a previously issued executive document (court order, writ of execution);
• if the court has accepted the recoverer's refusal to collect;
• amicable agreement between the parties to the case and enforcement proceedings;
• cancellation of the judicial act on the basis of which the court order was issued (for more details see the link);
• invalidation of a writ of execution or its cancellation;
• exclusion of the legal entity of the claimant or the debtor from the Unified State Register of Legal Entities;
• termination of the obligation to pay alimony (for example, in the case of emancipation, adoption or adoption, etc.);
• recognition of the amount of debt as hopeless for collection in favor of the budget;

Application for termination of enforcement proceedings bring to court in the following cases:

• death of the debtor (claimant);
• recognition of the claimant as missing is unknown;
• absence of a person acting as a legal successor;
• impossibility of execution of the document;
• refusal of the claimant from the thing that was seized from the debtor on the basis of the relevant document.

How to write a statement on termination of enforcement proceedings?

Before you write a statement on the termination of enforcement proceedings addressed to the bailiff, it should be borne in mind that it is drawn up in free form. For this official to be able to correctly assess the situation, these facts must be stated clearly and understandably.

It is necessary to indicate in the application:

• the position and surname of the bailiff in charge of the case;
• complete information about the applicant and his contact information;
• division of the bailiff service.

After the "heading", at the bottom in the middle of the sheet, place the word "Statement". In the descriptive part of the document, indicate the number of the enforcement case, the date of its initiation and the data of the court decision. The petitional part sets out the request to terminate the proceedings and indicate the specific circumstances that served as the basis for such an action, with reference to the legal norms that allow this to be done. At the bottom of the document, indicate a list of proposed documents and put the date and signature

Note! The form and content of the application that is submitted to the court does not differ in any way from the document filed in the name of the bailiff, with the exception of the name of the body that will consider it. In this case, it will be an arbitration or district court.

HEALTHY: watch the VIDEO on defending a debtor in enforcement proceedings and write your question in the comments of the video on the YouTube channel

How to apply for termination of enforcement proceedings?

Before filing an application for termination of enforcement proceedings, you need to know that the bailiff considers it within three days after admission and makes this or that decision.

If it is decided to submit the document to the court, then this must be done in the area where the execution is carried out. The judge is obliged to consider the application within ten days after admission.

The court session can take place without the presence of the claimant, the debtor and the bailiff himself. After considering the case, the court makes a positive or negative decision. You can appeal it to a higher court after filing an ancillary complaint. 15 days are allotted for this.

The state fee for filing such an application is not paid.

Sample application to the bailiff to terminate enforcement proceedings

To the Federal Bailiff Service

Ordzhonikidze district of Yekaterinburg

From debtor K.

Statement

on the termination of enforcement proceedings in connection with the cancellation of a judicial act

On August 4, 2014, the bailiff-executor Sh. Ordzhonikidze district department of the bailiff service of the Russian Federal Bailiff Service in the Sverdlovsk Region, initiated enforcement proceedings for a different type of property execution in the amount of 496,758 rubles. 05 cop., The debtor K. to the claimant J.

In connection with the ruling on the cancellation of the decision in absentia in a civil case on the claim of Zh. To K. for the recovery of the deposit amount dated October 03, 2014 by the Ordzhonikidze District Court of the city of Yekaterinburg, enforcement proceedings No. 2625/14/06/66 shall be terminated.

In accordance with paragraphs. 4 p. 2 art. 43 of the Federal Law "On enforcement proceedings": "enforcement proceedings are terminated by the bailiff-executor in cases cancellation of the judicial act on the basis of which the executive document was issued«.

Based on the foregoing, guided by Article 43 of the Federal Law "On Enforcement Proceedings", Articles 439-440 of the Civil Procedure Code of the Russian Federation

I BEG:

Applications:

1. Decision on cancellation of the decision in absentia;

Date, signature

HEALTHY: watch a video with advice on protecting the rights of a claimant by a lawyer or by yourself

Termination of enforcement proceedings means the termination of all enforcement actions in this production without the possibility of their renewal. At the same time, the main goal of the enforcement proceedings remains unattainable, and the prescriptions of the enforcement document remain unfulfilled.

An open list of grounds for terminating enforcement proceedings is given in Art. 43 of the Law "On Enforcement Proceedings".

The legislation provides for the possibility of terminating enforcement proceedings both and.

Enforcement proceedings are terminated by the court on the following grounds:

• the death of the claimant-citizen (debtor-citizen), his declaration as deceased or, if the requirements or obligations established by a judicial act, an act of another body or official cannot pass to the legal successor and cannot be implemented by the trustee appointed by the guardianship and trusteeship body;
• loss of the possibility of performance, obliging the debtor to perform certain actions (refrain from performing certain actions);
• the recoverer's refusal to receive the thing seized from the debtor during the execution of the court order containing the requirement to transfer it to the recoverer;
• in other cases when federal law provides for the termination of enforcement proceedings.

The court issues a ruling to terminate the enforcement proceedings. Such a determination is subject to immediate implementation.

The list of grounds for termination of enforcement proceedings by the bailiff-executor is exhaustive and is not subject to broad interpretation.

Enforcement proceedings are terminated by the bailiff-executor in the following cases:

1. The adoption by the court of an act on the termination of the execution of the executive document issued by it;
2. Acceptance by the court of the recoverer's refusal to collect;
3. Confirmations by the court between the claimant and the debtor;
4. Cancellation of the judicial act on the basis of which the executive document was issued;
5. Cancellation or invalidation of the executive document on the basis of which it was initiated;
6. Termination, on the grounds and in the manner established by federal law, of the execution of a judicial act, an act of another body or official in the case of a court, another body or official that issued the executive document.

The bailiff, in the decision to terminate the enforcement proceedings, cancels all the measures of compulsory execution appointed by him, removes, as well as the restrictions imposed on him. Copies of decisions to terminate enforcement proceedings and related decisions are sent within three days from the date of the decision to terminate enforcement proceedings to the recoverer, debtor, to the body or official that issued the enforcement document. Also, copies of these decisions are sent to the authorities (persons) that execute the decisions on the establishment of restrictions for the debtor.

The executive document, the enforcement proceedings on which are terminated, remains in the materials of such enforcement proceedings, since the termination of the enforcement proceedings deprives the claimant of the right to re-submit it for execution. The decision to terminate the enforcement proceedings can be appealed in the order of subordination or in court.

Execution proceedings: Video