Whether the bailiff to forward. What bailiffs are not allowed to do
After the Court has rendered a decision and it has entered into legal force, the plaintiff is issued executive document to initiate enforcement proceedings and enforce a court decision. Quite often the claimant has a question: “How to present performance list bailiffs? "
To initiate enforcement proceedings on the basis of an executive document by the territorial department of the Federal Bailiff Service Russian Federation(hereinafter referred to as the FSSP RF), the claimant must:
1. prepare a statement on the initiation of enforcement proceedings;
2. submit an application and an executive document to the territorial department of the FSSP RF;
3. after 7 working days, receive a resolution to initiate enforcement proceedings, or a resolution to refuse to initiate enforcement proceedings.
Preparation of an application for initiation of enforcement proceedings
In Russia, as folk wisdom says, "they are greeted by their clothes, they are escorted by their minds." The application for the initiation of enforcement proceedings is yours business card... It is with the application that your acquaintance with the bailiff, who will be in charge of your enforcement proceedings, begins. The first impression about the claimant is formed when reading his application for the initiation of enforcement proceedings, so the application must be written correctly and contain all the necessary details.
The following information must be indicated in the application for the initiation of enforcement proceedings:
1.the name of the subdivision of the Federal Bailiff Service of the Russian Federation, to which the application is submitted, and its address;
2. the claimant-citizen indicates: last name, first name, patronymic, details of the identity document, place of residence or place of stay, taxpayer identification number (if any);
3.recoverer-organization indicates: name, taxpayer identification number or code foreign organization, state registration number, place state registration and legal address;
4. details of the bank account of the claimant, to which the recovered should be transferred cash;
5.the name, number and date of issue of the executive document, the name of the body that issued the executive document, as well as the name regulatory document, on the basis of which a writ of execution was issued, the amount of claims.
The recoverer, as a rule, knows information about the debtor, which can help the bailiff-executor in the performance of enforcement actions, and significantly reduce the period for fulfilling the requirements contained in the enforcement document. We also recommend that you indicate them in the statement on the initiation of enforcement proceedings. It can be:
· Telephone numbers of the debtor;
· Information about the place of work, study of the debtor;
· Information about real estate, vehicles, other property belonging to the debtor;
Information about accounts in banks or other credit institutions;
· Information about the receipt by the debtor of pensions, benefits, scholarships;
· Other information that will help to establish contact with the debtor or find property that can be foreclosed.
Do not forget to indicate your contact information (address for sending correspondence, telephone numbers, etc.), so that, if necessary, bailiff was able to contact you.
Submission of an application and an executive document to the territorial office of the Federal Bailiff Service of the Russian Federation
You can submit the writ of execution and the application in person, directly to the department of the Federal Bailiff Service, or you can send it by mail, by registered mail with notification and a list of attachments.
In accordance with Article 33 of the Federal Law “On enforcement proceedings”Dated 02.10.2007 No. 229-FZ, the executive document and the application are submitted by the recoverer at the place where the enforcement actions were performed and the enforcement measures were applied.
If the debtor is a citizen, then the enforcement actions are performed by the bailiff-executor at the place of his residence, place of stay or location of his property. If the debtor is an organization, then enforcement actions are performed on its legal address, the location of its property or the legal address of its representative office or branch. If there is no information about the location of the debtor or his property, enforcement actions are performed by the bailiff-executor at the last known place of residence or place of stay of the debtor, or at the place of residence of the claimant until the location of the debtor or his property is established.
If you do not know to which department of the FSSP RF it is necessary to present an executive document, then you can use the right provided for in paragraph 4 of Art. 30 FZ "On Enforcement Proceedings" dated 02.10.2007 No. 229-FZ, and send an enforcement document and an application for initiation of enforcement proceedings to the territorial body of the Federal Bailiffs Service to the Chief Bailiff of the constituent entity of the Russian Federation. And already the Chief Bailiff of the constituent entity of the Russian Federation will send these documents to the appropriate department of bailiffs within five days from the date of their receipt, and if the executive document is subject to immediate execution - on the day they are received.
If you are submitting an application in person, directly to the territorial office of the FSSP RF, then be sure to require that a mark of acceptance is put on your copy of the application, containing the following information:
· Date of receipt of the application and the executive document;
· Position and data of the person who accepted the application and the executive document;
· Contact phone numbers where you can call the bailiff-executor.
Statement marked in making a statement, will be proof the fact that you really presented the writ of execution for execution to the territorial department of the FSSP RF, and when you did it. We recommend that you keep a copy of the document with a mark on receipt of the FSSP RF when submitting any applications and petitions. Or, if there is no particular urgency, send them by registered mail with notification and a list of attachments, and keep postal receipts, inventories and notifications. These actions help to avoid many disputes with bailiffs-executors, save a lot of time and effort. As the sad experience shows, the writ of execution can be lost in the Federal Bailiff Service.
Obtaining a resolution to initiate enforcement proceedings, or to refuse to initiate enforcement proceedings
After you have submitted an application and a writ of execution to the territorial department of the FSSP RF, in accordance with clause 7 of Article 30 of the Federal Law "On Enforcement Proceedings" dated 02.10.2007 No. 229-FZ, these documents must be transferred to the bailiff within three days. performer.
The bailiff-executor, within three days from the date of receipt of the executive document to him, shall issue a resolution to initiate enforcement proceedings, or to refuse to initiate enforcement proceedings. A copy of the resolution on the initiation of enforcement proceedings, the bailiff no later than one day... following the day of the issuance of the said decision, sends it to the claimant, the debtor, as well as to the court, other body or official who issued the executive document.
According to general rules, the period begins on the next day after the calendar date or the day of the occurrence of the event, which determined the beginning of the period. It should also be borne in mind that in accordance with Article 15 of the Federal Law "On Enforcement Proceedings" dated 02.10.2007 No. 229-ФЗ the terms calculated in days do not include non-working days.
From the specified provisions of the legislation on enforcement proceedings, it follows that the bailiff must initiate enforcement proceedings, or issue a decree on refusal to initiate enforcement proceedings, within 7 (seven) working days from the date of presentation of the enforcement document to the territorial office of the FSSP RF.
Read also: Organization of accounting of receivables and payables
We recommend that you receive a resolution to initiate enforcement proceedings, or refuse to initiate enforcement proceedings, in person, at a reception with a bailiff, and not wait for documents to be received by mail. You have the opportunity to monitor compliance deadlines, and, in case of violation, you will be able to promptly file a complaint about the inaction of the bailiff. As sad experience shows, deadlines in enforcement proceedings are often not observed, and enforcement proceedings can be initiated six months after the presentation of the enforcement document.
Appendix to the article:
Director of LLC Collection agency"Consul"
Tsyganenko Ivan Sergeevich
How to present a writ of execution to bailiffs
In what case is it necessary to carry out the decision through the bailiffs?
In all situations where your the debtor does not pay voluntarily, and execution through the bank or through the work of the debtor is either impossible or unsuccessful. There are cases when only bailiffs can enforce a decision. For example, for non-property claims (to evict the debtor from the premises, to oblige the debtor to transfer some thing or perform some actions).
I also recommend filing a writ of execution immediately to the bailiffs(bypassing the bank and work), if your debtor has a lot of debts under the Data Bank of Enforcement Proceedings. and they are not new (excited months or years ago).
When should you not contact the bailiffs?
- your debtor organization is excluded from the Unified State Register of Legal Entities. Actually, in this case, there is no longer anyone to collect - the founders and management of the company for general rule are not liable for the debts of the liquidated company. The bailiffs, of course, will accept the sheet and initiate proceedings, but they will soon stop it;
- the debtor is declared bankrupt (for example, bankruptcy proceedings have been introduced). In this case, the appointed bankruptcy manager is engaged in the execution of the court decisions, and you need to declare the creditor's claims to him;
- the limitation period for the execution of the judicial act has expired (3 years), and you do not have a court ruling on the restoration of this period;
- your debtor - public sector entity or the budget or the treasury of the Russian Federation.
How to find out to which department of bailiffs the writ of execution should be referred?
As a general rule, enforcement actions are carried out at the place of residence or stay of the debtor-citizen, the legal address of the organization or its branch, representative office, or at the location of the debtor's property. If a writ of execution is issued for the performance of certain actions, it is executed at the place where these actions were committed.
Open the writ of execution on the page with the debtor's data, find his address and try to find the bailiffs department at this address through the service on the FSSP website. Sometimes he cannot identify the department. In this case, you can look at the Databank of enforcement proceedings. in which department is most of the proceedings for your debtor. You can also clarify the information by calling the FSSP in the relevant city.
How to present a writ of execution to bailiffs?
- Collect a package of documents.
- application for execution - 2 copies for personal filing, 1 copy when sent by mail. The application is signed personally by the claimant, the director of the company or a representative by power of attorney;
- original writ of execution (make yourself a photocopy or scan just in case);
- copy of your passport (1 page and registration), bank account details - if you are a citizen;
- power of attorney of a representative - if someone else signs the application for execution for you;
- copies of documents confirming that the debtor has some property, his place of work, information about his property status, etc. - if there's. An extract from the Unified State Register of Legal Entities can be attached to the debtor-organization or individual entrepreneur.
- Submit a package of documents to the selected department of bailiffs.
- in case of personal filing - to hand in under the mark on your copy of the application;
- if sent by mail - send by a valuable letter with a list of attachments and a receipt acknowledgment. Save postal receipt of dispatch, attachment inventory with postmark.
What will happen next?
- within 3 days from the date of filing - your application and writ of execution will be transferred to a specific bailiff;
- within 3 days from the date of receipt - the bailiff initiates enforcement proceedings or issue a ruling on refusal to initiate enforcement proceedings;
- the order of initiation is sent to you and the debtor;
- the debtor has 5 days from the date of receipt of the order to enforce the decision on a voluntary basis;
- if the debtor has not complied with the decision within 5 days, the bailiffs begin to influence him with coercive measures.
How long can bailiffs collect money?
In part 1 of Article 36 of the Federal Law on enforcement proceedings, it is encouragingly written:
In practice, alas, the bailiffs can collect money from the debtor for as long as necessary - there is no fixed period, and it all depends on the behavior and property status the debtor. If the debtor is solvent and executes the court's decision immediately after receiving the order from the bailiffs, the process of receiving money can take about 1-2 months (taking into account the mail run and the distribution of money to your account from the bailiffs department).
Next time I will tell you how you can influence the bailiffs and the debtor in order to get money faster.
ARTICLE FROM THE SITE ODOLGAH.COM. COLLECTION OF DEBT.
We present a writ of execution
So, you have a writ of execution in your hands. It would seem that the case was won in court, the decision was made in your favor, now you can finally relax. The debtor is obliged to comply with the court decision according to the law, and there is nothing more to worry about ...
It's actually not that simple. Practice shows that the overwhelming majority of debtors ignore court orders and still do not take any active steps to recover debts.
In addition, after receiving the writ of execution, there are often cases when the claimant (that is, the party that won the case in the court) does not know where and in what time frame it is necessary to present the writ of execution. And here there is something to get into confusion: in court, as a rule, detailed information do not give, limiting themselves to the phrase: "now go to the bailiffs" or refer to lawyers. And what to do if there is no way to ask for help from legal advice? I suggest you figure it out on your own.
Deadline for submission of a writ of execution
As a general rule, the deadline for presenting a writ of execution for execution is three years(Article 21 of the Federal Law "On Enforcement Proceedings"). However, the law provides for a number of exceptions:
If the deadline for submission of a writ of execution is missed
Related materials
YOU spoke about the procedure for issuing writs of execution
Imagine a situation when a claimant decides to submit a writ of execution for execution, but from the moment judgment, and, accordingly, more than three years have passed since the date of issue of the writ of execution. It turns out that he loses the right to initiate enforcement proceedings? Not necessary. First of all, you should apply to the court that issued the executive document, with a statement to restore the missed deadline, where you should indicate for what reasons this deadline was missed. If the court considers the reasons for the pass to be valid (for example, the claimant's illness, departure, etc.), the missed deadline may be reinstated.
Read also: How to sell an apartment with utility bills in arrears
Who will help?
By law, the obligation to enforce judicial acts is assigned to the Federal Bailiff Service, in particular, to bailiffs-executors (Article 5 of the Federal Law "On Enforcement Proceedings". Article 12 of the Federal Law "On Bailiffs").
It is the bailiffs-executors, having a fairly wide range of powers, are obliged to ensure the full and timely execution of court decisions.
Which service should I contact?
Insofar as federal Service bailiffs has a rather ramified structure (for example, it includes territorial bodies FSSP of the constituent entities of the Russian Federation, which, in turn, are subdivided into district, inter-district and specialized departments), a natural question arises: what kind of territorial subdivision should the claimant apply to?
Legally, this issue is resolved as follows:
Rules for filing a writ of execution
Enforcement proceedings are initiated on the basis of an application by the claimant.
A sample of it usually hangs on the information stand in every UTS.
For example, it might look like this:
To the Bailiff Service ____________
Judicial protection of rights and freedoms is guaranteed by the Constitution of the Russian Federation to every citizen of our country. But often, faced with their violation, we wave our hand at it, not daring to go to court. And there are a lot of reasons for this: someone is afraid of judicial red tape, someone is sure of the high cost of the trial, someone simply does not know where to start. How to competently defend your interests in court and not become a victim of judicial arbitrariness will be discussed in my column.
Good afternoon. The question is about the new law on self-regulating organizations. Our company RANET ENERGO LLC performs work of 2 types: 1) design and installation of waste water metering units; 2) for the design and installation of metering units for heat energy and heat.
A writ of execution - issuance by a court and terms for collecting a debt
Not finding a compromise in any case, the disputing parties resort to court in the hope of finding a solution to their problem. To defend one's own interests in the courts is half the battle, the most important thing is to ensure that the ruling made is executed by the losing party. For this, a special document is issued, called a writ of execution, where, on the basis of the decision made, the debtor is indicated with the terms for the execution of the decision. In the photo you can see how the sample IL looks like.
What is a writ of execution
Documents that are based on a court decision, and sometimes another competent authority, are orders of execution. They are issued for civil cases or for administrative offenses. They contain the details of the authority that issued the IL. In addition, it contains information about the warring parties (obliged and authorized person). This is an official paper that decides to pay funds from one participant in the trial to another.
Types of writ of execution
According to the internal content, ILs are differentiated into 2 groups and depend on the type of collection. Types of deductions for enforcement orders:
- property. Contains information about collecting money. This is the most common type of documents with an order to one person to pay the amount set by the court in favor of the second person, and it does not matter whether it is an organization or an individual.
- non-property. Decide whether or not to perform the designated actions, for example, transfer the garage to another person or restore a person at a previous job.
Where to get a writ of execution by a court decision
Receipt of IL by the recoverer is carried out on the day the decree enters into force. As a rule, after 10 days, as the decision was announced, a writ of execution in a civil case is issued, since during this time the victim can still appeal the decision in court by filing an appeal. In practice, sometimes you have to wait longer before picking up a certified document. IL is issued in a single copy, but if a decision is made in favor of more than one claimant, then the number of documents is directly proportional to their number.
How to get a writ of execution by a court decision
There are 2 ways to issue. The writ of execution is issued to the bailiffs-executors. If the debtor does not comply with the imposed order, then the plaintiff has a reason to ask to issue him the IL. An appeal is drawn up in free form by hand, for which it is necessary to have a court order. In the cap indicate the details of the court, the number of the order and their own (surname, initials, address of residence), then state the request. The application is signed and dated.
In addition, you can always request a duplicate if the original was lost for some reason. A statement is drawn up in the same way, with the exception that the request for a duplicate and the reasons for the loss of the original are indicated. It is imperative to attach proof of the loss of the original. There is no need to pay for the issued sheet, since the state duty is not withheld for this.
What to do with a writ of execution from the court
The judicial authorities do not issue instructions on where to go with a writ of execution from the court. There are a number of ways that a claimant can use to collect the funds owed. More often, citizens use the services of bailiffs. It is necessary to choose a service located on the territory of the debtor's residence, or to an organization at the place of localization of the obliged person's property.
It is allowed to act independently:
- send an application to banking institution when the debtor's account is found there;
- apply at the place where the obliged person receives income, if the amount is not more than 25,000 rubles;
- resort to the help of collection agencies.
Submission of a writ of execution to the bailiff service
Together with the drawn up statement on the execution of the court decision, you need to come to an appointment with the bailiffs. After the submission of the writ of execution to the bailiff service has passed, proceedings are initiated within 3 days and its implementation begins in order to recover the funds owed from the debtor. Otherwise, the service is obliged to return the papers and hand over the refusal, where the reasons for the impossibility of fulfilling the duties will be justified. A copy of the decision must be presented to both parties to the conflict.
How bailiffs work on a writ of execution
Having made a positive decision on the enforcement proceedings, the work of bailiffs on the writ of execution begins. They begin to implement a court order, for example, to evict a person from their living space. If you need to collect money from the debtor, then the employees of the service begin to take an interest and send requests to all kinds of services and registries, where you can get information about the debtor's available financial resources. In the absence of money, the property of the obliged person is seized in order to sell it and receive money.
6. If it is necessary to carry out certain enforcement actions and (or) the application of certain enforcement measures in the territory to which the powers of the bailiff-executor do not apply, he has the right to instruct the relevant bailiff-executor to perform enforcement actions and (or) apply enforcement measures. The order is drawn up by a resolution of the bailiff-executor in accordance with Article 14 of this Federal Law and approved by the senior bailiff. According to this resolution, the bailiff-executor, to whom it was received, initiates enforcement proceedings in compliance with the requirements of Article 30 of this Federal Law. During the execution of the order, the main enforcement proceedings may be suspended.
If the bailiff finds out the place of work of the debtor
Debt obligations in modern society occur very often. These can be both credit borrowers and citizens who do not want to transfer alimony to their children. It is often possible to face a situation where the defaulter does not want to fulfill his duties and hides his income. In such a situation, collection of payments will take place with the direct participation of bailiffs.
What can a bailiff take for debts
A writ of execution - it is necessary to understand that the bailiff begins to look for the debtor and all his property only after receiving the writ of execution and the commencement of the enforcement proceedings. This whole procedure can start only on the basis of the results of the trial and the court decision, which entered into force.
Arresting an account in another city
In accordance with the law on enforcement proceedings, enforcement actions and enforcement measures against civilians are applied by the bailiff-executor at their place of residence, place of stay or location of their property.
Can the bailiffs arrest my salary in another region
You cannot be registered in any apartment or residential building, since there has been no registration in Russia for more than 16 years, which was canceled almost immediately with the collapse of the USSR. Law No. 5242-1 of 26.06.1993 "On the Right of Citizens to Freedom of Movement, Choice of Place of Stay and Residence within the Russian Federation" living quarters at their place of residence (this is a temporary registration) and at their place of residence (this is a permanent registration).
Debtor in another region
The debtor's relocation to another city should not become an obstacle to debt collection. If there is reliable information about the debtor's new place of residence, please inform it bailiffs, they should check this and redirect the enforcement proceedings to another territorial department of the bailiff service.
Can the bailiff find funds stored in a savings bank in another region
That is, if enforcement proceedings are initiated at the location of the debtor (which usually happens), then the bailiff acts precisely according to the location of the debtor, so that enforcement actions take place at the location of the property, grounds and a whole procedure are needed:
How bailiffs look for debtors and when they stop looking for them
The bailiffs have always been endowed with the right to independently search for the property of debtors, and since 2012 they have already received the right to search for the debtors themselves. The bailiffs can resort to search actions against defaulters and their property both at the request of the claimant and on their own initiative.
Property seizure: what bailiffs can and cannot take away
Bailiffs usually do not even try to find out where the money is coming from to the debtor's card. Therefore, in most cases, the entire available amount is debited from the account of the person in debt, which sometimes can exceed the debt itself. In such situations, the debtor must contact the FSSP department and write a statement with a request to return part of the funds (the return procedure can take several days, then the money will come to the arrested account).
9. The chief bailiff of the Russian Federation or the chief bailiff of the constituent entity (chief bailiff of the constituent entities) of the Russian Federation, for the purpose of a more complete and correct implementation of enforcement proceedings, has the right to transfer enforcement proceedings from one unit of bailiffs to another (including at the stage of initiation of enforcement proceedings) , about which a corresponding resolution is issued. The decision of the chief bailiff of the Russian Federation or the chief bailiff of the subject (chief bailiff of the constituent entities) of the Russian Federation on the transfer of enforcement proceedings from one unit of bailiffs to another no later than the day following the day of its issuance is sent to the respective chief bailiffs of the constituent entities of the Russian Federation and senior bailiffs. The chief bailiff of the subject (chief bailiff of the constituent entities) of the Russian Federation, the senior bailiff, having received the said resolution, no later than the day following the day of its receipt, organize the transfer of enforcement proceedings to another unit of the bailiffs in the manner prescribed by parts 7 - 7.2 of this article ...
The bailiffs will find out the place of work of the debtor
Important: It is usually pointless for a person who is in debt to hide their location or place of work. Find human which is tied to the operating system is simple enough. And for the entire time, while he will evade payments on his own debts, penalties (fines, penalties) will grow. The amount of debt is always added state fees, which the claimant pays when applying to the court for debtor... For example, a creditor might sue while waiting for a certain period of debt to arise. This means that the duty on the debt will be a multiple of the number of applications to the judicial authorities.
Legal advice in Yekaterinburg
That's all the measures of the state exacting-debt coercion. Here I do not mention the bailiff's right to charge a performance fee of 7% of the collected debt, since if the debtor did not return the principal debt, then this 7%, obviously, is for him - as for an elephant grain. The creditor has the right to collect through the court also a penalty for overdue debt repayment and indexation; but again, due to the failure to return the principal, this penalty loses its punitive (for the debtor) and enrichment (for the creditor) properties.
If the debtor pays, if possible, what to do to the bailiff
Such terms Russian legislation are provided only for the presentation of writs of execution for execution, which in your case has already been done. The bailiff, after a certain period of time, can issue a resolution to terminate enforcement proceedings due to the impossibility of collection, but, as a rule, all the necessary measures to collect the debt have already been taken by him - all requests have been sent to the organization and responses to them have been received, accounts arrested, etc.
How is the search for the debtor
- Contact persons of the debtor at the home address are established. For example, the borrower is registered with relatives who previously took out a loan from a bank. Their profiles are displayed in the database, along with all the information. All phones also ring and find out where the debtor is.
- Establish liaison persons at the work address. Call colleagues and find out information. Is the person working at the moment or not? Where can you find it?
Can a bailiff find a debtor in another region and what will he do next
- If the debtor resides in the territory to which the powers of a particular bailiff apply, in this case the bailiff continues enforcement proceedings. The same applies to the discovery of the debtor's property. Well, you understand that the powers of the bailiff are limited to the administrative division of the city into districts, regions into districts, cities among themselves, and so on.
- In the event that the bailiff has established that the debtor lives outside his territorial powers, the bailiff transfers the enforcement proceedings for execution to another department of bailiffs, namely, to the area or city in which the debtor or his property was discovered.
Towards regulatory legal acts determining the conditions and procedure for compulsory execution of judicial acts on civil law include: 1. Federal Law of July 21, 1997 No. 119-FZ "On Enforcement Proceedings" - hereinafter referred to as the Law on Enforcement Proceedings; 2. Federal Law of July 21, 1997 No. 118-FZ "On Bailiffs" - hereinafter referred to as the Law on Bailiffs; 3. The Arbitration Procedural Code of the Russian Federation of May 5, 1995 No. 70-F3 - hereinafter referred to as the Arbitration Procedure Code of the Russian Federation; 4. Regulations on the Department of Bailiffs of the Ministry of Justice of the Russian Federation, approved by order of the Ministry of Justice of the Russian Federation dated September 22, 2000 No. 276 "On Approval of the Regulations on the Department of Bailiffs"; 5. other legal acts. On the basis of paragraph 1 of Article 4 of the Law on Enforcement Proceedings: "The requirements of the bailiff-executor for the execution of judicial acts and acts of other bodies are obligatory for all bodies, organizations, officials and citizens throughout the territory of the Russian Federation." According to paragraph 2 of Article 12 of the Law on Bailiffs, a bailiff has the right to: · “receive the necessary information, explanations and certificates when performing enforcement actions; · To check with employers the execution of executive documents for debtors working for them and the maintenance of financial documentation for the execution of these documents; · Give instructions to citizens and organizations participating in enforcement proceedings on issues of specific enforcement actions; · Enter the premises and storage facilities occupied by or owned by debtors, inspect the said rooms and storage facilities, open them if necessary, and also, on the basis of the ruling of the relevant court, take the indicated actions in relation to the rooms and storage facilities occupied by or belonging to other persons; · Arrest, seize, transfer for storage and sell seized property, with the exception of property withdrawn from circulation in accordance with the law; · To seize money and other valuables of the debtor in accounts, in deposits or in storage in banks and other credit institutions, in the amount specified in the executive document; · use non-residential premises, which are in municipal ownership, and with the consent of the owner - premises that are in other ownership, for the temporary storage of seized property, impose on the relevant persons the obligation to store it, use the vehicle of the claimant or the debtor to transport the property with the attribution of expenses at the expense of the debtor; · In case of ambiguity of the requirements contained in the executive document on the basis of which the executive actions are performed, ask the court or other body that issued the executive document to clarify the procedure for its execution; · To declare the search for the debtor, his property or the search for the child; · To summon citizens and officials according to the executive documents in production; Perform other actions provided for federal law on enforcement proceedings ". As you can see, the list of the bailiff's rights is very wide, but he also has obligations stipulated in the first part of the article under consideration: · “takes measures for the timely, complete and correct execution of court orders; · Provides the parties to the enforcement proceedings (hereinafter referred to as the parties) or their representatives the opportunity to get acquainted with the materials of the enforcement proceedings, make extracts from them, make copies of them; · Considers applications of the parties regarding enforcement proceedings and their petitions, makes appropriate decisions, explaining the terms and procedure for their appeal; · Is obliged to recuse himself if he is interested in the course of enforcement proceedings or there are other circumstances that raise doubts about his impartiality. " The bailiff is obliged to initiate enforcement proceedings in the presence of two conditions: 1) if the deadline for the submission of the enforcement document for execution has not expired; 2) if the executive doc
This is a small but useful in my opinion article, which is equally suitable for legal entities and for individuals.
My clients often turn to me with a question: "Is the bailiff - the executor obliged to inform the claimant about all actions in the enforcement proceedings". Under this question, they basically mean the following, within the framework of the executive production, the bailiff must do a certain job aimed at tracing the debtor's property. These are requests to banks, requests to Rosreestr, to the traffic police and, accordingly, receiving answers to them.
So, Should the bailiff, after sending any request or receiving a response to it, notify the claimant ?!
Let's figure it out together. In accordance with the Law on Enforcement Proceedings, persons participating in enforcement proceedings are notified of the time and place of enforcement actions or enforcement measures, or are summoned to the bailiff by a subpoena with acknowledgment of receipt, telephone message, telegram, using electronic and other types of communication and delivery or by a person to whom, with his consent, the bailiff instructs to deliver them.
This provision of the Law does not oblige the bailiff to inform the recoverer about the progress of the enforcement proceedings and all the actions taken, indicated above. And in itself the fact of failure to notify the claimant about all the actions committed within the framework of enforcement proceedings is not a basis for the conclusion about the inaction of the bailiff.
This position is confirmed and jurisprudence... Resolution Arbitration court Moscow District of 18.11.2015 No. F05-15301 / 15 in case No. A40-65471 / 2015. In this trial, the plaintiff - the claimant asked to declare illegal the inaction of the district department of bailiffs. He indicated that he had repeatedly sent inquiries about the progress of the enforcement proceedings. But no reply was received. The courts of all instances rightfully rejected the claimant's argument that the bailiff was not obliged to inform him about the actions carried out within the framework of the enforcement proceedings and did not consider that the bailiff was inactive.
The court also indicated, and I agree with this position, that the Federal Law "On Enforcement Proceedings" gives the right to the claimant to get acquainted with the materials of the enforcement proceedings, make extracts from them, and make copies. And after you have familiarized yourself with the enforcement proceedings and found that the bailiff does not send inquiries or answers about the available property have been received, and the bailiff does not seize or impose a penalty on it, it is possible to declare inaction illegal in court.
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