Appeal to the bailiffs on the writ of execution. Application to the chief of bailiffs
The first thing to do in order to enforce the collection of alimony is to obtain an executive document, on the basis of which payments will be made. Then you can send it to the place of work of the debtor, if it is known. But more thorough work can be done by the bailiff service. To do this, you need to submit a document and a corresponding application to the appropriate department.
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Concept and purpose
The enforcement process begins with the receipt of . The recipient must apply to the court with an application for an order or with a statement of claim. Also as executive document you can use a notarized agreement ( if it is not voluntarily performed).
However, one executive document will not be enough to start a compulsory recovery. The recipient of alimony must submit an application along with this paper.
An application for the initiation of enforcement proceedings is a document expressing the will of the recipient of alimony to start the procedure for the enforcement of debt collection from the payer.
The application is necessary just in order for the bailiff service to start a similar procedure based on the data provided by the applicant.
Foundations
The basis for applying to the bailiff service with an application to initiate proceedings is the presence of a writ of execution, which may be:
- Performance list. Issued on the basis of a court decision after the entry into force of the decision).
- which must be notarized. Otherwise, it will not be legally binding. The agreement is certified by any notary and may contain various information, including the frequency of payments, the conditions for terminating the obligation, and so on.
- Court order. Issued on the basis of an application for issuance of an order, which is submitted to justices of the peace. It is worth remembering that an order is not issued if there is a dispute about the right in the case ( for example, it is necessary to establish paternity or determine).
The executive document is issued after the entry into force of the judicial act. Before the decision enters into force, the parties have the right to appeal against it on appeal. After joining, an appeal will be possible only on newly discovered circumstances.
Where to go
To obtain a writ of execution, you must apply to the world court. If it is planned to collect alimony as a percentage of the payer's earnings, then an application for an order should be submitted. In a situation where it is necessary to collect payments in a fixed amount, the proceedings will be carried out in the order of action proceedings.
The case can also be considered in a district or city court, if another issue is resolved simultaneously with alimony ( e.g. establishing paternity).
The parties can draw up and certify an agreement on the payment of alimony, which will contain mutually beneficial conditions that they will come to as a result of negotiations. To certify such an agreement, you must contact any notary. Subsequently, the agreement can be used as an executive document if the payer does not comply with it voluntarily.
When the recipient already has a writ of execution in his hands and the application for initiation of proceedings has been written, he needs to contact the service bailiffs place of residence of the payer. The case will be transferred to a specific specialist who will carry out all the necessary measures to recover the funds.
What are the responsibilities of the services?
The bailiff service must perform the following actions as part of the enforcement proceedings:
- excite enforcement proceedings.
- Notify the debtor of the fact of initiation of proceedings ( by mail or in person).
- Invite the debtor to voluntarily comply with the requirements of the enforcement document and provide all the necessary information.
- Send requests to Pension Fund, Foundation Social Security And Tax Service in order to find the place of employment of the debtor or establish the fact that he received a pension and other payments from the state.
- If necessary, start searching for the debtor's property by sending requests to Rosreestr, MREO traffic police and others state structures, as well as by leaving the place of residence of the debtor.
- Send appropriate requests to banks to search for debtor's accounts.
- Seize the property of the debtor, as well as his bank accounts.
- Transfer funds to the beneficiary's account ( or by postal transfer).
Within the framework of enforcement proceedings, all actions necessary for the execution of a judicial act are performed, but strictly within the framework of the law.
Document structure
The legislation establishes an approximate structure for an application to bailiffs for the recovery of alimony. The sample must contain the following information:
- Details of the bailiff department to which the application is submitted, including address and name.
- Applicant details.
- Details of the debtor.
- The name of the submitted application.
- Indication of the need to initiate enforcement proceedings.
- Link to court decision date and case number) and executive document. If the case is initiated on the basis of an order, then only its details are indicated ( or details of the agreement, if proceedings are initiated on its basis).
- Details to which it is necessary to transfer the debt for alimony.
- Request for initiation of proceedings.
- Application list ( court decision, writ of execution and other documents relevant to the case).
- Date and signature of the applicant.
Subsequently, the applicant will be able to change the details for the transfer by submitting a separate application about this.
What additional paperwork needs to be submitted
In addition to the application, the bailiff service will need to submit:
- A copy of the court decision.
- Original writ of execution or other writ of execution ( agreement or order).
- A copy of documents confirming the opening of a bank account and details of this account.
- A copy of the applicant's passport. If there is no passport, then another paper about the identity of the applicant.
- A copy of the identity document of the debtor ( in the presence of).
- Copies of the debtor's property documents ( in the presence of).
- Any papers showing property status debtor.
Procedure and consequences
Initially, the application for initiation of proceedings is considered by the head of the specific department to which it was submitted. After that, it is sent to the work of one and specialists, depending on the territoriality. From the moment of filing the application to its transfer to the bailiff, a period not exceeding three days must pass.
If the debtor refuses to fulfill his obligations voluntarily, then the stage of forced collection begins. The bailiff sends all the necessary requests in order to determine the property status of the debtor and identify the place of his employment or the fact of receiving a pension and other payments from the state.
After that, the recoverer may in some way influence the course of enforcement proceedings by submitting some statements addressed to the bailiff:
- On the seizure of the property of the debtor. It can be transport, real estate, as well as almost any property. If arrest control cannot be fully performed ( for example, when seizing household items or electronics), then the thing can be transferred for safekeeping to the debtor himself. For the loss or sale of the object, the appropriate sanction will be applied.
- On the ban on travel outside the Russian Federation. The ban is valid for six months. Further it can be extended.
- On the recovery of a penalty for late payment. If the delay occurred against the will of the debtor, then it cannot be recovered.
After receiving the bailiff Money from the debtor, they are credited to the deposit account of the bailiff service. After that, they are transferred to the creditor to his account or by postal order.
The legislative framework
The institution of maintenance obligations is regulated by a number of legal acts, but the main points are disclosed precisely in. It contains the concept of these obligations, their features, as well as the rights of the parties and their obligations.
But issues of enforcement, in particular the requirements for an application to initiate proceedings, are disclosed in the Federal Law "On Enforcement Proceedings". The law defines not only the rules for collecting funds, but also the rules for filing an application, as well as for terminating proceedings.
Also, to fully understand the situation, it is worth paying attention to the rules Civil Code RF, Code of Civil Procedure, Tax Code and Fundamentals of legislation on notaries. All of them will help to answer the questions that have arisen and resolve the situation.
Having a writ of execution with a court decision in hand, the debt collector will have to send the document to the bailiffs to launch enforcement proceedings. In more than half of the cases, debtors continue to ignore the need to repay the debt even after a court decision.
If the debtor does not plan to repay the debt, the lender will be forced to wait for a return until he submits the writ of execution with a cover letter to the bailiffs for enforcement. Sample letter to bailiffs writ of execution you can find below.
In Russia, proceedings for the enforcement of debt collection through writ of execution often take a long time. In order for the case to proceed as quickly as possible, the plaintiff must indicate in his application as much information about the debtor as possible.
Deadlines for applying to the bailiff service
History reference
The judicial reform of 1864, which was of great importance for the development of legal proceedings in Russia, radically changed the mechanism for the execution of court decisions, the core of which was bailiffs. In the course of the judicial reform, Laws (Judicial Statutes) were developed and adopted, which were based on the organization of the courts of the French Republic. Judicial statutes regulated issues related to the legal status of bailiffs.
A creditor who has won a lawsuit against a debtor has some time to present a writ of execution. On the basis of the Federal Law "On Enforcement Proceedings", art. 21, this period is equal to 3 years from the date of receipt of the writ of execution.
The duration of this period is due to the provision of an opportunity for the borrower to voluntarily pay off the debt without involving public services. If the debtor continues to ignore all attempts by the lender to return his funds, it is necessary to draw up and send an appeal according to the model of a letter to bailiffs on a writ of execution.
The federal law also provides for some exceptions to the terms of circulation:
- Collection of debts on periodic payments according to the writ of execution takes place within 3 years from the moment the court determines the right to collection.
- Execution of judicial acts, or acts issued by officials, has a period of 1 year;
- After the restoration of the validity period, you can use the writ of execution within 3 months.
Who needs to submit a writ of execution
A writ of execution after the trial is issued to the plaintiff who won the case. This document must be presented to the debtor, or a writ of execution with a cover letter must be transferred to the bailiff service for enforcement.
Within 3 months from the date of presentation of the executive document, the debtor is obliged to return the funds. In accordance with Art. 22 of the Federal Law "On Enforcement Proceedings", payment will not occur if:
- The plaintiff did not provide a writ of execution to the debtor or the bailiff service;
- The document was compiled with errors;
- The deadline for presenting the writ of execution has been missed;
- The document was withdrawn by the claimant.
Appeal to bailiffs
To satisfy the requirements of the claimant on the basis of a court decision, a cover letter should be sent to the bailiffs on the writ of execution. Employees of this service will take the necessary measures to recover the funds due to the plaintiff, guided by legal grounds. A cover letter is an analogue of a statement for bailiffs, indicating the need for recovery, in without fail contains paragraphs (FZ No. 229):
- Name of the branch of the bailiff service;
- Details of the applicant;
- Details of the debtor;
- The name of the court that issued the writ of execution;
- Claims for the recovery of funds from the debtor in accordance with the court order.
After the commencement of enforcement proceedings, the service officer notifies the claimant of what is happening, sending copies of the proceedings documents to his address. Bailiffs operate within the framework of Art. 9 of the Federal Law "On Enforcement Proceedings".
The video discusses the features of the recovery of the writ of execution
Presentation of the writ of execution to the bank
Debtors, being owners of accounts in banks of the Russian Federation, may say goodbye to funds on debt on the basis of regulation No. 286 dated Central Bank Russia (). According to the writ of execution, the bank must satisfy the claims of the claimant by debiting the debtor's account with the necessary amount and providing it as repayment of the debt.
A claimant who wants to receive his money must perform two steps:
- Draw up an application at the bank for the requirement to issue money, attach a writ of execution to the application.
- Read the entry in the register financial institution to make sure the bankers start collecting.
The bank is obliged to reimburse the funds under the writ of execution, as well as return the document within 2 business days after the application is submitted. If the bank evades payments, it is obliged to pay a fine - 50% of the amount of the recovery (FZ "On Enforcement Proceedings", Article 206).
If the amount of the debt under the document is more than 25,000 rubles, then the writ of execution can be submitted at the place of work of the defendant, at the place where he receives other income.
The presence of a writ of execution in itself is not a guarantor of repayment of the debt by the defendant. The recoverer himself chooses how to dispose of the writ of execution in achieving the goal - contact the bailiffs, or the bank (if the debtor has a current account).
Questions raised about cover letter to the writ of execution, leave in the comments
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
IN ______________________________
(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 a decision of the bailiff-executor, enforcement proceedings were initiated on the basis of a writ of execution (court order) to recover from _________ (full name of the debtor) in favor of _________ (name of the recoverer) 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,
- Recognize as illegal the actions of the bailiff _________ (list illegal actions (inaction), indicate the details of the appealed decision).
- 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):
- Copy of the application
- A copy of the decision to initiate enforcement proceedings
- Complained decision (written response)
- Available documents supporting the arguments set forth in the application
Date of application "___" _________ ____ Signature _______
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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 entity is called 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 fully commemorate 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 down the required attributes of the appeal. Namely, the date, full name. signature.
Read also: Redemption of a debt from a legal entity
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. FROM legal basis 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 enforcement cash, 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 familiarized yourself with the right sample on the official website fssprus.ru.
The correct sample application 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 you need to apply, you can find on the website of the Federal Bailiff Service. IN 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 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 (the most complete 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: Court order for the recovery of debt on a loan what to do
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. When considering this issue, the plaintiff may need clarification - 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, a statement 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: a sample complaint to the Housing Inspectorate, the prosecutor's office and Rospotrebnadzor Application to the traffic police for replacement driving license 2017: sample and application form, list of documents, amount of 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 to provide 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
The correct execution of the application is the most important stage, because it is from it 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 enable the creditor to judicial order appeal against the inaction of the bailiff, if any.
Based on the result of consideration of the application, the official of the FSSP makes a decision. If the exactor does not agree with the decision and considers it illegal, then 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 petition more specifically, dwell on the trial (date, adopted verdict);
- a separate item must indicate the list of attachments to the application;
- after indicating the general information, it is necessary to ask the bailiff in the text of the application 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.
Enforcement proceedings are the final stage of the process, during which judgment is being 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 forcibly collected, since the period 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 repayment of debts by force, by order of the court, is carried out by the Federal Service of Bailiffs, which has territorial divisions throughout the country.
Within 3 years (shorter periods are possible in certain situations), the writ of execution is accepted by the 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;
- on 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, Pension Fund, etc., if debts are collected on periodic payments and at the same time total amount 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. The alimony agreement has the legal force of a writ of execution.
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):
- 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 include all possible ways communication with him, including email.
- Name of the appeal - Application for initiation of enforcement proceedings. There is no other name for the appeal to the SSP.
- A request to open a procedure indicating the document issued by the court, on the basis of which the claimant applies to the bailiffs, with a full description of its origin (No. il, when, by whom and on what basis it was issued).
- 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 will go. This will simplify his work and speed up the return of the debt.
- 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.
- The subject of collection and the amount of the amount to be returned.
- 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.
- List of attached documents.
- 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 specified period Compulsory 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: __________,
E-mail address: ______________
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 "__" ___________
for the implementation of property recovery ________________________________
(subject of property recovery)
from ______ Full name ___________.
In accordance with Part. 1, 2 Article. 30, part 2, art. 67 of the Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings" I ask:
1. Initiate enforcement proceedings against ___ Full name ____ and collect 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.
When to issue a letter to bailiffs about the progress of enforcement proceedings?
Enforcement proceedings, due to the peculiarities of procedural actions and the organization of the system as a whole, have a number of points that slow down the decision-making. In accordance with the fact that the Bailiffs Service in this case acts as government agency, whose main function is to ensure the execution of the court decision, then any plaintiff has the right to send a letter to the bailiffs about the progress of enforcement proceedings.
In accordance with the content of the Decree of the Presidium of the Supreme Arbitration Court dated December 25, 2012, bailiffs are required to provide the plaintiff or any interested participant in enforcement proceedings with the full amount of necessary information about the current status of a particular case received by him according to the court decision.
new circumstances have opened up that may be important for production.
In each of the indicated cases, drawing up and sending a request will help - letters to bailiffs about the progress of enforcement proceedings. It is drawn up in a specific form, which can be found on the website of the service or in law firms, and must meet a number of requirements:
clear, correct and concise formulation of the reason for the appeal
justification of the reasons for the request
necessary personal data and information about the case of enforcement proceedings
designation of information of interest.
A response to a request sent in compliance with the form must be received within 30 days from the date of registration of the appeal. It is possible that a well-written letter of this kind will become the basis for a successful resolution of the case.
For all questions, please contact our portal. Experienced professionals will inform you what the bailiffs can describe. whether they can seize an apartment, car or child allowance, etc. They will also help you complete all the necessary paperwork.
Request for the progress of enforcement proceedings
We had a trial. After the decision came into force, we took it along with the writ of execution, wrote an application and submitted it to the bailiffs. Almost two months have passed, however, apart from the decision to initiate proceedings, there is no more information. Please tell me what to do in this situation. Maybe you need to write another letter to the bailiffs?
Essentially question asked we report the following.
After the entry into force of the judicial act, the writ of execution is sent to the bailiffs for execution.
To do this, as was correctly done, an application is drawn up in which the claimant, guided by part 1 of article 30 of the Federal Law of October 2, 2007 No. 229-FZ On enforcement proceedings (hereinafter referred to as the Law on enforcement proceedings) asks the body carrying out enforcement proceedings , to accept for enforcement a writ of execution.
In accordance with Article 2 of the Law on Enforcement Proceedings, the tasks of enforcement proceedings are the correct and timely execution of judicial acts, acts of other bodies and officials, and in cases stipulated by law Russian Federation cases, the execution of other documents in order to protect violated rights, freedoms and legitimate interests citizens and organizations.
Articles 12, 14 of the Federal Law of July 21, 1997 No. 118-FZ On bailiffs provide for the rights and obligations of bailiffs in the process of enforcement of judicial acts and acts of other bodies provided for by this Law, in particular the obligation to take measures to timely, full and correct execution of executive documents, as well as the mandatory requirements of the bailiff-executor for all bodies, organizations, officials and citizens on the territory of the Russian Federation.
In accordance with Part 1 of Art. 36 of the Law on Enforcement Proceedings, the requirements contained in the executive document must be executed by the bailiff - executor within two months from the date of initiation of enforcement proceedings.
According to the letter Federal Service bailiffs of Russia dated April 27, 2009 No. 12 / 01-5733-AP On the search and seizure of the debtor's funds held in a bank or other credit organization if the details of the debtor's accounts are unknown, the bailiff sends to the bank or other credit organization decision to search for the debtor's accounts and seize the debtor's cash accounts in the amount of debt, determined in accordance with Part. 2 Article. 69 of the Law.
At the same time, the provisions of Article 69 of the Law give the bailiff the right to send a request to a bank or other credit organization about the numbers of the debtor's settlement accounts, the amount and flow of funds.
In accordance with current legislation on enforcement proceedings, the recoverer has the right to know full information about the course of enforcement proceedings.
If you do not have information about what measures have been taken aimed at the timely execution of the requirements of the executive document, as well as what property (including accounts) the debtor has and whether it is available at all, you must contact the district bailiff department ( ROSP) at the place of initiation of enforcement proceedings with a statement addressed to the head (head) of the specified ROSP with a statement on the progress of enforcement proceedings.
The bailiff-executor will give an appropriate answer to your appeal without fail.
In addition, we inform you that due to the established practice, we recommend that you send a copy of the request to the prosecutor's office of the district in whose territory enforcement proceedings are carried out.
For a more detailed consultation, as well as providing legal assistance in drawing up a request for the course of enforcement proceedings, we recommend that you contact the reception of the lawyer Sergey Sergeevich Ivlev at the address: Orenburg, st. Shevchenko 20V, office 414, tel. 8 919 865 42 20.
Application on the course of enforcement proceedings sample
The bailiff initiated enforcement proceedings against the debtor to recover in favor of the applicant alimony for the maintenance of his son. The debtor does not pay alimony for the maintenance of a minor son, which is confirmed by a certificate and a resolution on the calculation of alimony arrears. In this regard, the applicant wants to prosecute the debtor. Bailiff inactive, according to this enforcement proceeding. The applicant asks to check the activities of the bailiff. Bring the debtor to justice. In case of violations, take measures provided for by law.
Application - a form of appeal on behalf of individual or organization in which that person asks the person concerned to do a certain legal meaningful action. Thus, the statement can be addressed as in government agencies as well as commercial structures. Usually the application is submitted to writing. In some cases, the law allows the application to be submitted orally.
In this section, when sending a request through the feedback form, we will provide you with a sample application for the progress of enforcement proceedings. which you can independently fill out and file with the court at the place of residence of the defendant. To draw up a legally competent application, we recommend that you contact our lawyer. It is the statement of claim that is a certain foundation of the judicial process.
Please note that in order to file a claim, there must be grounds, an exhaustive list of which is provided for by law.
For advice on filing an application to the court, send a free online application through the feedback form by filling in the required fields. After that, the lawyer will contact you, clarify the details and send a template of the required document.
Request to the OSB about the progress of enforcement proceedings
Natalya Alfa Profi (986) 4 years ago
Bailiff-executor of the industrial district
department of bailiffs of the city of _____________Department
Federal bailiff service
on _____________________________
From _______________________________
STATEMENT
“_______________ (date) on the basis of the Writ of Execution No. __________ dated “_____” _______ 2010, enforcement proceedings were initiated against the debtor _________________________________ (hereinafter referred to as the Debtor) and the collection of a debt from him in the amount of ________________________ in favor of ________________________________ (hereinafter referred to as the Collector)
To date, no funds have been received in the address of ______________________ on the current account. The Claimant also has no information about the Debtor's property and about the course of enforcement proceedings.
Based on Art. fifty federal law about "Enforcement Proceedings", we ask you to provide information on the execution of the executive document.
Other answers
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