Is it possible to resume enforcement proceedings after its completion? Termination of enforcement proceedings. Resolution on termination of enforcement proceedings Cancellation of enforcement proceedings of bailiffs
Enforcement actions by decision of a court or other authority shall be terminated upon submission of an appropriate application. Upon satisfaction of the requirements set forth in such a statement, all actions on enforcement proceedings are terminated (exceptions are restrictions on a judicial act).
In what cases is it necessary to file an application for termination of enforcement proceedings?
In Art. 43 FZ of 02.10.2007 N 229-FZ “On Enforcement Proceedings” describes in detail the grounds, and most importantly, where to go: to the court or directly to the bailiff.
The case may be completed FSSP employee to 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 accepted the claimant's refusal to recover;
- settlement agreement between the parties to the case and enforcement proceedings;
- cancellation of a judicial act on the basis of which a court order was issued (for more details, follow the link);
- invalidation of the writ of execution of proceedings or its cancellation;
- exclusion of the legal entity of the recoverer or 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 uncollectible in favor of the budget;
Application for termination of enforcement proceedings take to court in the following cases:
- death of the debtor (claimant);
- recognition of the claimant as missing without a trace;
- the absence of a person acting as an assignee;
- the impossibility of executing the document;
- refusal of the recoverer from the thing that was seized from the debtor on the basis of the relevant document.
How to write an application for the termination of enforcement proceedings?
Before writing an application for termination of enforcement proceedings addressed to the bailiff, it should be borne in mind that it is drawn up in free form. In order for this official to be able to correctly assess the situation, these facts must be stated clearly and understandably.
The application must indicate:
- the position and surname of the bailiff in charge of the case;
- full details of the applicant and his contact information;
- bailiff service division.
After the "cap", at the bottom in the middle part of the sheet, place the word "Statement". The descriptive part of the document indicates the number of the enforcement case, the date of its initiation and the data of the court decision. The pleading part sets out the request to terminate the proceedings and indicates the specific circumstances that served as the basis for such an action, with reference to the norms of the law that allow this. At the bottom of the document indicate the list of proposed documents and put the date and signature
Note! The form and content of the application that is submitted to the court are no different 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 the arbitration or district court.
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How to apply for termination of enforcement proceedings?
Before submitting an application for termination of enforcement proceedings, you need to know that the bailiff considers it within three days after receipt and makes a decision.
If it is decided to file a document with 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 receipt.
The court session may take place without the presence of the recoverer, the debtor and the bailiff himself. After considering the case, the court makes a positive or negative decision. It can be appealed to a higher court after filing a private complaint. This takes 15 days.
The state duty is not paid when submitting such an application.
Sample application to the bailiff for the termination of enforcement proceedings
To the Federal Bailiff Service
Ordzhonikidzevsky district of Yekaterinburg
From debtor K.
Statement
on the termination of enforcement proceedings in connection with the annulment of a judicial act
On August 04, 2014, bailiff Sh. 05 kopecks, debtor K. to recoverer Zh.
In connection with the decision to cancel the default decision in a civil case on the statement of claim of Zh. to K. for the recovery of the amount of the deposit dated October 03, 2014 by the Ordzhonikidzevsky District Court of the city of Yekaterinburg, enforcement proceedings No. 2625/14/06/66 are subject to termination.
In accordance with paragraphs. 4 p. 2 art. 43 of the Federal Law “On Enforcement Proceedings”: “enforcement proceedings are terminated by a bailiff in cases cancellation of the judicial act on the basis of which the writ of execution 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
ASK:
Applications:
- Determination to cancel the default decision;
date, signature
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Limitation period is a period established by jurisdictional or judicial authorities during which a citizen can restore his violated right. From the last official contact of the parties to the dispute, the limitation period is 3 years.
Termination of enforcement proceedings by a bailiff
The bailiff-executor completes the enforcement proceedings in the following cases:
- approval by the court of the act on the completion of the execution of the writ of execution issued by it.
- acceptance by the court of the refusal of the recoverer from the recovery.
- approval of amicable agreement between the debtor and the recoverer in a judicial proceeding.
- cancellation of a judicial act, the basis of which was the issuance of a writ of execution. This concept includes the cancellation of a judgment in absentia, the cancellation of a court order, the successful appeal of a court decision in the order of supervision or in the cassation procedure. Judicial practice shows that these are the most feasible options that allow the debtor to stop enforcement proceedings for a while.
- cancellation (recognition of invalidity) of the writ of execution, on the basis of which the enforcement proceedings were opened.
When the enforcement proceedings are terminated due to the impossibility of recovery, the bailiff must cancel all arrests from the debtor's property. Similarly, the restrictions that were imposed on the debtor himself (concerning restrictions on leaving the country) are canceled, all sanctions applied to the debtor or his property in the process of enforcement proceedings are removed.
Application to the court for the termination of enforcement proceedings
An application to the court for termination of enforcement proceedings is addressed in the following cases:
- death of the debtor or creditor. In cases involving individuals, documentary evidence of death or recognition of the person as missing is required. This is relevant if there is a condition that the recoverer or debtor has no legal successors, otherwise a decision will be made to continue enforcement proceedings
- when a writ of execution obliges the debtor to make partial or full payments in favor of the recoverer by identifying additional income from the debtor, but circumstances arise due to which this cannot be done
- if the creditor himself has a reason for refusing to accept certain property from the debtor, provided that the executive document provides for a requirement to transfer this property to the creditor.
- in other cases provided by law.
The order in which requirements are met
According to the Law "On Enforcement Proceedings", the order of recovery in enforcement proceedings is as follows:
- The first to satisfy are claims for the recovery of alimony, harm caused to health, compensation for damage in connection with the loss of a breadwinner, compensation for harm in connection with a crime, as well as a claim for compensation for moral damage caused;
- The second stage concerns the satisfaction of the requirements for remuneration of persons who work or worked under an employment contract, payment of severance pay, payment of remuneration to owners of the results of intellectual activity;
- The third stage is devoted to meeting the requirements to the budget and extra-budgetary funds for mandatory payments;
- All other requirements are satisfied last.
Interruption of the limitation period for debt obligations to the bank
Occurs when one of the following conditions is met:
- Recognition before a collection agency or a credit organization on a voluntary basis of debt obligations.
- Transfer to the judicial authorities of a case on debt by a financial institution or bank.
- The signing by the borrower of documents that are related to his loan (an agreement to postpone the payment of the debt or pay only the "body" of the debt).
- Depositing any amount into a credit account.
The video discusses the details of the implementation of enforcement proceedings
Grounds for termination of enforcement proceedings
The grounds for the termination of enforcement proceedings are specified in Article 47 of the Law "On Enforcement Proceedings". So, the end of enforcement proceedings is possible under the following conditions:
1) The actual fulfillment of the requirements contained in the executive document. The bailiff, in the process of deciding on the completion of enforcement proceedings, establishes the fact that the requirements specified in the executive document are met: the amount to be collected is fully paid by the debtor and this fact is documented, that is, the bailiff is presented with a payment receipt . At the same time, a copy of the receipt must be attached to the additional materials of the enforcement proceedings.
2) Fulfillment of the requirement for a joint and several recovery, which is contained in the executive document. The end of the executive consolidated proceedings occurs in the event of full repayment of the debt under the executive document. The amounts that have been collected from each debtor do not matter, since the full performance by one of the debtors of the joint collection releases the other debtors from similar obligations. A debtor who has paid the debt in full has the right to claim damages from other debtors in a recourse order.
3) Return of the executive document at the request of the court or the persons who issued it. Based on the written request of officials, the bailiff makes a decision to complete the enforcement proceedings.
The current legislation provides for the possibility of termination of enforcement proceedings both by the court and by the bailiff.
4) Sending a writ of execution to several divisions of bailiffs. Enforcement proceedings are transferred from one unit of the bailiff service to another structural unit in the cases provided for in Art. 33 and 34 of the Law "On Enforcement Proceedings"
5) In case of liquidation of the debtor-organization and sending to the liquidation commission (liquidator) a writ of execution. Similarly, when declaring a debtor-organization bankrupt and sending an executive document to the bankruptcy trustee.
If the available amount is not enough to cover debts:
- The sequence of recovery in enforcement proceedings is determined.
- Partial and full repayment amount is determined.
- There is a division of the amount received from the debtor in proportion to the debt volume of each of the creditors.
Write your questions about enforcement proceedings on debt collection in the comments
For a long time, in practice, we often resort to a situation where, in the course of the execution of a court decision of an already legally executed executive document, circumstances often arise that impede production, as a result of which enforcement proceedings are legally subject to termination.
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This concept implies the complete and irreversible completion of all existing enforcement actions on a well-known established procedure, if it is impossible to resume them in the future.
The situation is not so pleasant, since the goal of enforcement proceedings has not been achieved, and the issued document will remain unfulfilled. This case puts the claimant in an awkward position, since the situation does not allow satisfying his legitimate interests. However, the person involved in the case has the right to file a lawsuit or send a bailiff an application to terminate the proceedings, we can easily help you in drawing up this procedural document, since we are currently running a PROMOTION.
For many, this complex legal situation will seem insurmountable, but our lawyers reveal in this article a number of useful tips that you can use in reality.
The list of circumstances on the basis of which the enforcement proceedings are terminated are established in Art. 43 of the Federal Law "On Enforcement Proceedings":
1. Enforcement proceedings are terminated in court in the following cases:
- the death of the recoverer or debtor, declaring him dead or declaring him missing, if the requirements or obligations established by a judicial act, act of another body or official cannot be transferred to the successor and cannot be implemented by the trustee, the appointed body of guardianship and guardianship;
- loss of the possibility of executing a writ of execution obliging the debtor to perform certain actions (refrain from performing certain actions);
- refusal of the recoverer to receive the thing seized from the debtor during the execution of the executive document containing the requirement to transfer it to the recoverer;
- other cases.
2. Enforcement proceedings are terminated by a bailiff in the following cases:
- the adoption by the court of an act on the termination of the execution of the executive document issued by it;
- acceptance by the court of the refusal of the recoverer from the recovery;
- approval by the court of a settlement agreement between the recoverer and the debtor;
- cancellation of the judicial act on the basis of which the writ of execution was issued;
- cancellation or invalidation of the executive document, on the basis of which the enforcement proceedings were initiated;
- termination, on the grounds and in the manner established by 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;
- making an entry on the exclusion of a legal entity (collector-organization or debtor-organization) from the unified state register of legal entities.
It is necessary to know that the termination of enforcement proceedings gives rise to legal consequences established by law.
We remind you that the bailiff, in a reasoned decision to terminate the enforcement proceedings, cancels the enforcement measures and other restrictions for the debtor established by him. Also, in addition to the main decision to terminate the proceedings, a new enforcement proceeding is initiated by the bailiff only in part of the orders not partially or completely executed to recover from the debtor those costs that are necessary for the performance of enforcement actions, as well as the performance fee that were imposed by the bailiff in the process of execution executive document.
Watch the video on protecting the rights of the debtor in enforcement proceedings, do not forget to subscribe to our YouTube channel so as not to miss the lawyer's advice:
Sample application to the bailiff for the termination of enforcement proceedings
To the Kirovsky district department of the Federal Bailiff Service of Russia
in the city of Yekaterinburg, Sverdlovsk region
Caller:
Debtors:
Petition for termination of enforcement proceedings
In your production there are enforcement proceedings for the execution of the decision of the Kirovsky District Court in case No. on the claim of B. to P. for eviction.
By virtue of clause 4 of part 2 of Article 43 of the Federal Law “On Enforcement Proceedings”, enforcement proceedings are terminated by a bailiff in the event of cancellation of the judicial act on the basis of which the writ of execution was issued.
By the ruling of the court, the above decision in absentia was canceled. Under such circumstances, the initiated enforcement proceedings are subject to termination due to the cancellation of the judicial act, on the basis of which the enforcement document was issued.
Based on the foregoing, guided by Article 43 of the Federal Law "On Enforcement Proceedings",
ASK:
- Terminate enforcement proceedings for the execution of the decision of the Kirovsky District Court on the claim of B. against P. on eviction
Applications:
- A duly certified copy of the determination
date, signature
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Termination of enforcement proceedings (hereinafter IP) is its termination without the right to resume or reopen in the future. When the recovery is terminated, the claims of the claimant are most often not fully executed for a number of objective reasons.
Grounds for termination of enforcement proceedings
IP in accordance with the end in cases where:
- the plaintiff refused to take further action at the trial;
- the parties have signed a settlement agreement;
- death of one of the participants;
- the claimant refuses to receive the valuables confiscated from the non-payer.
After the end of the recovery, any actions against the debtor are unacceptable, the bailiff cancels all previously taken measures for their execution and returns to the court the decision to terminate the case. The creditor may appeal or protest against the decision on completion in court.
The case can be ended without execution or with partial execution, while retaining the possibility of resuming after some time.
In accordance with the writ of execution is returned to the plaintiff in the event that the execution on it was carried out partially or, in general, was not carried out, but can be made in the future, namely:
- at the request of the claimant;
- in case of violation of the deadline for filing a writ of execution;
- if it is impossible to establish the actual address of the defendant;
- if a person does not have any property or income on which a penalty can be imposed;
- if the creditor himself prevents execution.
If the case ends for the above reasons, it can be resumed if the reasons are eliminated within the period specified by law.
In accordance with the penalties are terminated in the event of:
- actual payment of the debt;
- liquidation of an organization recognized as a debtor;
- recognition of the borrower as insolvent;
- sending executive documents to the enterprise where the defendant works to withhold funds.
Termination of enforcement proceedings on alimony
For the end of payments on alimony obligations, good reasons are required, these may be:
- The death of the payer or the person to whom the payments are intended.
- The child's coming of age.
- Adoption of a child.
In addition to these three, there are other, additional grounds arising from alimony agreements, namely: the expiration of alimony obligations.
The case may also be stopped by the bailiff due to failure to establish the place of actual residence of the alimony payer. In this case, the debtor is put on the wanted list, and the case is suspended until the location of the alimony payer is established.
Any actions are completed sooner or later, and such completion is carried out according to two options: the end or completion of penalties. According to Russian law, all termination issues are considered in court within ten days.
All participants in the proceedings are notified of the appointed date of the court (registered letters with notification are sent to the bailiffs, the recoverer and the debtor), the absence of any of the participants in the court cannot be the basis for not making a decision in the court session.
Based on the results of consideration of the case on the suspension of collections, the court issues a ruling, which is transmitted to all participants, while any of the participants in the process may file a private complaint.
Termination of an IP is its complete completion without any further prolongation or the right to resume. A completed case cannot legally be reopened.
The document notes in what part the decision on the collection of funds was (or was not) implemented, at what stage it was, in the decision to terminate all the actions that were assigned to implement the recovery, including the search for the debtor, seizure of property, any other restrictions.
The impossibility of collection is the most common reason for the termination of IP
It is not uncommon for a bailiff to find out during the IP process that the debtor does not have any property or official income and there is nothing to collect.
In such cases, he issues a ruling on the impossibility of recovery and closes the case, while the writ of execution is returned to the plaintiff with the certificate of completion of proceedings attached to it due to the impossibility of return.
Here is what lawyers advise both parties on one of the legal portals:
In the act, the bailiff displays all the information that is available:
- against which person it was launched;
- basis for opening;
- the amount of debt;
- list of measures taken.
The applicant has the right to re-submit a petition for the collection of funds from the debtor within three years from the date of termination. If the plaintiff has any reason to believe that the bailiff did not do everything possible to recover, he has the right to appeal the decision.
If the recoverer has new information about the funds in the defendant's accounts, he can submit court documents directly to the bank, bypassing the FSSP, for this it is enough to submit an application.
If the borrower has the necessary amounts in the account, the bank executes the court decision on the collection of these funds to pay off the debt within three days.
Application for termination of enforcement proceedings
Any of the participants, both the plaintiff and the debtor, may at any time file a motion to suspend the case, a sample of such a claim is in the FSSP department.
The application is immediately (not later than the next day) transferred to the bailiff, who must make a positive or negative decision on the application within three days. The decision, after its approval by the senior bailiff, is sent to both parties.
AT _________________________
(name of court)
from ________________________
(full name, address)
claimant (debtor)
from ________________________
(full name, address)
bailiff-executor ___________________________
(full name, address)
STATEMENT
on termination of enforcement proceedings
"___" _________ ____ bailiff _________ (full name of the bailiff, name of the unit of the bailiff service) initiated enforcement proceedings on _________ (indicate the subject of the recovery, the recoverer, the debtor).
In connection with the occurrence of circumstances that make it impossible to fulfill _________ (indicate the circumstances that lead to the termination of the enforcement proceedings), the enforcement proceedings are subject to termination.
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,
Ask:
- Terminate the enforcement proceedings _________ (indicate the details of the enforcement proceedings, the subject of collection, the full name of the recoverer and the debtor).
List of documents attached to the application(copies according to the number of persons participating in the case):
- A copy of the application for termination of enforcement proceedings.
- Documents confirming the existence of grounds for termination of enforcement proceedings.
Date of application "___" _________ ____ Signature _______
If the petition contains good grounds for termination, then all actions in the case are terminated, the seizure and confiscation of the debtor's property is canceled, and the established restrictions are removed.
You can write papers on the termination of collections in cases where:
- The court made such a decision.
- The claimant and the defendant signed a settlement agreement.
- An entry was made in the Unified State Register of Legal Entities on the exclusion of a legal entity from the register of legal entities.
Why does the claimant want to terminate the proceedings
The claimant has the right to stop the IP case at the plaintiff's written request before the expiration of its limitation period. The documents contain the following information:
Who is applying for | (indicate the surname and initials of the bailiff conducting this proceedings). |
From whom is the application | (data of the applicant). |
debtor details, | in respect of which it is proposed to terminate the proceedings. |
Details of the decision on recovery. | - |
Base, | according to which the applicant asks to stop collecting. |
Please stop claiming. | - |
Date and signature of the applicant. | - |
Execution of IP by the debtor
The termination of collections happens for several reasons:
- requirements are actually fulfilled;
- several cases that are combined into one summary are actually executed;
- the document on the collection of funds was sent to another body of the FSSP;
- a copy of the document on the legal requirement is sent to the place of work of the defendant to withhold periodic payments.
In all of the above options, the termination of enforcement proceedings in connection with execution ends with a positive result for the plaintiff: the document is actually executed and the claims for payments are terminated, or the case is completed due to the fact that documents were transferred to the enterprise where the debtor works for actual execution.
In both cases, there is a real protection of the interests of the applicant and the goal necessary for the claimant is achieved.
A lawsuit to terminate an IP is filed in the following cases:
The application is submitted to the court at the place where the collection takes place, while the applicant does not have to pay the state duty. The presence of the persons participating in the proceedings is not obligatory; in any case, the court will consider the petitions within 10 days from the date of receipt of the claim by the court.
the end of the IP by the court is not required if the following circumstances are present:
- the claimant voluntarily abandoned the claim;
- both parties to the case entered into a settlement agreement;
- the document has been canceled or declared invalid.
Cancellation of the termination order
Once a decision has been made to cancel an IP, it cannot be taken again for enforcement. But there are a number of cases when such a decision is canceled by a court decision and then the requirements are renewed in the same order.
Regulates the abolition of the decision in the legislative order of the Law on IP, which, in particular, states that the decisions of bailiffs can be appealed by persons whose interests are violated by employees of the FSSP.
According to the completion of enforcement actions, all enforcement measures are completed, restrictions, including on travel abroad, are lifted.
At the same time, the bailiff collects a performance fee from the debtor, and until the full payment of the fee, restrictions remain, since a new case has been opened to collect this fee. The exception is when the document is cancelled.
After the termination of the execution of the case, the writ of execution cannot be presented again, with the exception of the cancellation of the act that became the basis for the termination. In this case, the recoverer may again present the document with the court decision.
Conclusion
The suspension of the receipt of funds from the debtor under the writ of execution may occur for several reasons, all of which are described above.
Of course, not everyone understands the legal intricacies and few people can protect their rights on their own, without the help of a qualified lawyer, this applies to both plaintiffs and claimants, and defendants. But it is desirable for everyone to know at least the very basics of jurisprudence.
If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help.
Termination of enforcement proceedings initiated on the basis of a writ of execution issued by an arbitration court is carried out by the same arbitration court or arbitration court in the area of activity of which the bailiff performs his duties in the following cases: 1) the acts of the bodies exercising control functions are executed, or judicial acts, acts of other bodies and officials in cases of administrative offenses, or acts of other bodies in cases provided for by federal law - in relation to an organization or citizen engaged in entrepreneurial activities without forming a legal entity; 2) the execution of the decision of the bailiff is carried out in accordance with part 16 of Art.
Article 43. Termination of enforcement proceedings
- Cancellation or recognition of Spanish. sheet is invalid.
- Termination of the execution of the act of the court.
- Making notes about the exclusion of a legal entity from the Unified State Register of Legal Entities.
An application must be made to the court in the following cases:
- Death or declaration of death, as well as the absence of a debtor or claimant without a trace if succession is impossible.
- Refusal of the claimant to receive things seized from the debtor in the process of executing a decision containing such requirements.
- Loss of the opportunity to implement instructions obliging the debtor to perform certain actions.
Sample appeal B (name of the court) From (collector / debtor full name, address) Application for completion of enforcement proceedings (date, month, year) bailiff (full name, name of the SSP division) initiated proceedings o (indicate the subject of collection).
Cancellation of enforcement proceedings of bailiffs
- to a bank or other credit organization, other organization or body that fulfilled the requirements for imposing restrictions on the debtor and (or) his property;
- to the organization or body that carried out the search for the debtor, his property, search for the child. As a measure aimed at the most complete and correct execution of the executive document, the provision of the Law on Enforcement Proceedings is considered, according to which, during the period of presenting the executive document for execution, the decision of the bailiff-executor on the completion of enforcement proceedings can be canceled by the senior bailiff on his own initiative or at the request of the recoverer, if it is necessary to repeat enforcement actions and apply, including repeated, enforcement measures (part 9 of article 47).
The order of priority of recovery in enforcement proceedings
In particular, enforcement proceedings to recover a fine for a crime are subject to termination in the event of an annulment of the verdict in terms of imposing a fine. In this case, the debtor shall be returned all the amounts of money collected from him in the course of execution.
14 art. 103 of the Law on Enforcement Proceedings). Civil procedural legislation determines that the issues of termination of enforcement proceedings are considered by the court, in the area of activity of which the bailiff performs his duties, within ten days. The recoverer, the debtor, the bailiff are notified about this, however, their failure to appear is not an obstacle to resolving these issues.
Enforcement proceedings
Termination of enforcement proceedings (hereinafter IP) is its termination without the right to resume or reopen in the future. When the recovery is terminated, the claims of the claimant are most often not fully executed for a number of objective reasons.
THE CONTENT OF THE ARTICLE:
- Grounds for termination of enforcement proceedings
- Termination of enforcement proceedings on alimony
- Decree
- The impossibility of collection is the most common reason for the termination of IP
- Application for termination of enforcement proceedings
- Why does the claimant want to terminate the proceedings
- Execution of IP by the debtor
- Application to the court
- Cancellation of the termination order
- Consequences of termination
- Conclusion
IP in accordance with Art.
Termination and termination of enforcement proceedings
RF, cancellation of enforcement proceedings is possible in the following cases:
- If the party that is the recoverer has renounced material claims against the debtor or both parties have come to an amicable agreement that terminates the dispute. In order for these agreements to be valid, both of the above actions must be accepted and certified by the court in civil proceedings.
In this case, the participation of third parties in a disputable situation is also excluded. - Cancellation of enforcement proceedings is feasible if the debtor does not have sufficient material resources to pay the entire amount of existing debts, however, confirmation of this fact is required.
- Enforcement proceedings are also canceled when the resolution on its initiation was not received by the debtor and entered into legal force without notifying him, as provided by law.
Fssp - termination of enforcement proceedings
Enforcement proceedings are terminated by a bailiff-performer in the following cases: 1) adoption by the court of an act to terminate the execution of the executive document issued by him; 2) acceptance by the court of the refusal of the recoverer to collect; 3) approval by the court of a settlement agreement between the recoverer and the debtor; 4) cancellation of the judicial act on the basis of which the enforcement document was issued; 5) cancellation or invalidation of the enforcement document, on the basis of which 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.
Application for termination of enforcement proceedings from the debtor
In addition, part 15 of Art. 103 of the Law on Enforcement Proceedings establishes additional grounds for the termination of enforcement proceedings on a writ of execution for the recovery of a fine for a crime. These include:
- payment of the fine in full;
- replacement of a fine with another type of punishment or cancellation of punishment in the form of a fine in the form of an amnesty or pardon;
- transfer of the executive document to another division of bailiffs (when executed in a general manner);
- death of the convicted debtor or declaration of his death.
If, upon termination of the enforcement proceedings, the executive document remains in the case file in all cases, then at the end of the enforcement proceedings, the original of the enforcement document remains in the completed enforcement proceedings in the cases provided for in paragraphs 1, 2, 8 and 9 of this Code.
1 st.
How to terminate enforcement proceedings
At the end of enforcement proceedings in connection with its transfer to another division of bailiffs on the grounds established by the Law on Enforcement Proceedings, the cancellation of the search for the debtor, his property, the search for the child, as well as the restrictions established for the debtor may not be made. At the same time, the authority to cancel the search, as well as to change and cancel the restrictions, is transferred to the bailiff-executor, to whom enforcement proceedings have been transferred.
Simultaneously with the issuance of a decision on the completion of the main enforcement proceedings, the bailiff initiates enforcement proceedings for orders that have not been fully or partially executed to recover from the debtor the costs of performing enforcement actions, the performance fee and fines imposed by the bailiff in the process of executing the executive document.
How to stop enforcement proceedings for alimony
of the Law on Enforcement Proceedings, if the debtor is an organization or a citizen engaged in entrepreneurial activities without forming a legal entity. An application for termination of enforcement proceedings is considered within ten days in the manner prescribed by Article 324 of the Arbitration Procedure Code of the Russian Federation, i.e.
with notification of the recoverer, debtor and bailiff.
Info
Failure to appear of the said persons duly notified of the time and place of the court session shall not be an obstacle to consideration of the application. Based on the results of consideration of the application, a ruling is issued, copies of which are sent to the recoverer, debtor and bailiff.
At the same time, the ruling of the arbitration court on the termination of the enforcement proceedings or on the refusal to terminate the enforcement proceedings may be appealed (Article 327 of the Arbitration Procedure Code of the Russian Federation).
How to stop enforcement proceedings on a loan
Attention
In addition, the bailiff must seize property in the manner specified in the law "On Enforcement Proceedings". Otherwise, his actions will be recognized as illegal.
4 You can also appeal against a decision that resulted in enforcement proceedings against you. The reasons for this may be very different. If it's a civil matter, file a supervisory review.
Try not to miss your chance; supervision is being actively reformed, it is not clear what will happen to it in the coming years. 5 You can also state that new facts have been discovered that confirm your case in the dispute. In this case, proceedings will be initiated based on new or newly discovered circumstances.
How to stop enforcement proceedings
Sample B (name of the court) from (full name, address) recoverer (debtor) from (full name, address) bailiff (full name, address) bailiff, name of the unit of the bailiff service) enforcement proceedings have been initiated on (indicate the subject of the recovery, the recoverer, the debtor). In connection with the occurrence of circumstances that make it impossible to execute (indicate the circumstances that lead to the termination of the enforcement proceedings), the enforcement proceedings are subject to termination.