Application for compulsory collection of a writ of execution sample. Sample application to the bailiff service for acceptance of a writ of execution for production
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 the decision of the bailiff-executor, enforcement proceedings were initiated on the basis of writ of execution(court order) on recovery 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 _______
I hope my answer helped you, don't forget to leave your feedback for the answer
Application to the bailiff service sample form
Litigation is over. During this period, relaxation and euphoria from the newfound victory come. As a rule, citizens who have won a judge's decision in their favor do not take into account the fact that this still does not allow them to receive legitimate payments and compensation.
After the end of the trial, a decision will be issued. Copies will be made and distributed to all participants. But that's not all. In our state, there is an instance whose task is to control the timely fulfillment of the conditions of court decisions.
This 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: I borrowed money without a receipt how to return
Below is a standard form and a sample application to the bailiff service, a version of which can be downloaded for free.
Statements to bailiffs
Issues of enforcement of court decisions by specially authorized government bodies dedicated to the section Applications to bailiffs. 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 completion of the review statement of claim, a writ of execution is issued, on the basis of which the other party is obliged to repay the debt. In some cases, the court independently transfers the document to the bailiff services for forced reimbursement of debts. However, most often the appeal and transfer of the application to the body occurs at the initiative of the claimant.
Writing an application for a bailiff: when is it necessary?
The most popular examples when you need to contact the FSSP with a sample application for the enforcement of cash collection Money, property, to establish the location of a person, etc. on a writ of execution:
- bank employees - to recover accrued fines, penalties and return the principal amount of the debt from the borrower;
- single mothers with underage children who are in their care - if the spouse fails to fulfill the obligations to pay alimony;
- individuals - submitting a request for the purpose of an executive search for a child;
- claimants who were illegally evicted from a residential facility - for their forced entry;
- employees of enterprises and organizations - in case of illegal dismissal from work.
In order to be attached to the case file, the bailiff may decide on the presentation of an autobiography by a person for the purpose of his subsequent employment at his former place of work (according to the adopted resolution).
How to write an application for bailiffs?
It is necessary to write an application to the bailiff on a writ of execution to the service in the prescribed form, having previously 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 bailiffs on the recovery (for example, alimony) under a writ of execution (initiation of enforcement proceedings) - download
Where to apply can be found on the website. federal service bailiffs. 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 a legal entity, then the full name of the organization, state registration number, actual and legal address;
- 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: How much an apartment must be owned in order not to pay tax
Application to the bailiff: the order of the filing process and the progress of execution
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№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, an application in the presence of children How to write a statement to the police: a sample and application form for fraud, theft, threat of murder Kindergarten 2017: a sample application for the admission and leave of a child, an application to a kindergarten How to write a complaint about management company: 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.
The formal action that bailiffs take to collect debts is a lengthy process. Many creditors who have won a decision in their favor in court are not able to wait for a long time until it is enforced. However, according to Russian laws The recoverer can, without the assistance of civil servants, receive from the debtor the money due to him if they are stored in the bank simply by submitting an application for a writ of execution.
The legal basis for the Claimant's appeal to the bank is the following legislative acts:
- Federal Law No. 229 “On Enforcement Proceedings”, paragraph 1, art. 8, Art. 70;
- Regulation of the Central Bank of Russia No. 285-P, “On the procedure for accepting and executing credit institutions, subdivisions of the settlement network of the Bank of Russia of executive documents presented by collectors.
These documents stipulate in detail the conditions, terms and rules for the implementation of banking and credit institutions Claimant's requirements.
How to find account information
The first action of the creditor is to search for accounts opened by the debtor and having a positive balance. Finding this data is quite simple if the defendant is not a common person but an officially registered legal entity. And by law, each organization must report comprehensive information about its accounts available in any banking structure, in Tax Inspectorate at the place of registration.
At the same time, taxpayers must provide information within a week after the commission banking operations. Therefore, the Federal Tax Service of the Russian Federation contains the most up-to-date data on the accounts of all those who are legally registered legal entities.
Russian legislation the claimant is entitled to receive tax service information about the debtor. To find out the information he needs, he needs to follow these steps:
- determine in which division of the Federal Tax Service of the Russian Federation the legal entity is registered;
- draw up an application in which to ask for information about the registered accounts of the debtor, add to it a duplicate of the writ of execution (notarized);
- receive a certificate containing the requested data.
The tax service is obliged to respond to the application within three days after accepting the documents for consideration.
Procedure for submitting an application
Having received necessary information about the current accounts of the debtor, the Creditor can already apply directly to the bank. The procedure for meeting the requirements set out in executive order, is carried out in the following sequence:
- the claimant draws up an official appeal to banking structure, which sets out the essence of the decision taken in his favor judgment and a request to withdraw money from the debtor's account with their subsequent transfer to the Creditor's account;
- an executive document is attached to the application;
- a bank employee enters data on the documents accepted by him in the registration journal;
- the bank's management creates a collection order drawn up in accordance with the Regulations of the Bank of the Russian Federation dated 03.10.2002 "On non-cash payments in the Russian Federation".
- bank employees transfer money, which is credited to the Creditor's account within three days.
On this, the procedure for collecting money is considered completed. For the fastest and most successful execution of this operation, it is necessary that all documents submitted to the bank be correctly filled out.
Rules for compiling and sample application
An application to the bank on behalf of the Creditor must contain the following information about him:
- Full name, indication of citizenship;
- detailed passport data;
- location;
- account number to which the money should be transferred.
In the event that the Creditor is an official legal entity, then it shall indicate:
- Name of the organization;
- TIN, code foreign organization;
- requisites state registration(place and number);
- official legal address;
- number of the bank account intended for crediting money to it.
When the interests of the organization are carried out by its representative, then in the application he writes:
- data of the document in which his authority is officially established;
- complete information about yourself;
- complete information about the organization.
When submitting a completed application to a financial institution, it is necessary that the bank employee who officially accepts it for consideration gives the Creditor a copy containing:
- date of acceptance;
- bank stamp;
- personal signature of a bank employee.
This procedure will help to avoid any misunderstandings in the future.
Penalty amount
banking organization is obliged, after the adoption of the resolution on the collection withdrawal of funds, to transfer the full amount indicated in the document submitted by the Claimant.
Immediate conditions for the transfer:
- there is an amount on the open account of the debtor sufficient to carry out this operation - it will be completed in full within three days;
- the debtor opened not one, but several open accounts in one bank - management has the right to dispose of any of them or all at once;
- there is not enough money on the debtor's accounts to fulfill the requirements of the Claimant - the transfer will be made for the available amount, and the remaining funds will be collected as they are received on the debtor's account.
As soon as the money, according to the decision of the court, is fully transferred to the account of the Claimant, the case is considered closed. Bank employees send the executive document to the authority that issued it.
How to collect debtor's funds from different banks and an application for withdrawal
The debtor may well have full-fledged accounts in different financial institutions. This complicates the collection process somewhat. In this case, you will have to go through the procedure of contacting the bank, writing an application and submitting documents several times.
Actions should begin with the organization in which the organization in debt has the largest cash savings. As soon as all of them are listed directly to the Claimant, but they will not be enough, it makes sense to contact the employees financial structure for the purpose of withdrawing the executive document. According to the law, the sequence of this action is as follows:
- The recoverer submits an application in which he informs about the withdrawal of the writ of execution;
- the next day (no later than) the bank returns the writ of execution;
- in the registration journal, bank employees make a record that the writ of execution was returned;
- The recoverer picks up the document in person and signs the application, indicating the date of receipt; or a writ of execution is sent to him by post.
On the reverse side the writ of execution, which was withdrawn from the bank, must be indicated:
- What is the reason for his return?
- revocation date;
- the amount that was collected from the debtor.
All records are certified personally by the accounting officer and the chief accountant, and the bank's stamp is put on the document.
The initiation of enforcement proceedings occurs after you submit an appropriate application to the bailiff. In addition to the application itself, you need to provide the original writ of execution or court order. After the submission of these documents, the mechanism for the enforcement of the court order will be launched, so do not delay it. In this article, we will consider the content of the application to the bailiffs on the writ of execution, and at the end you will find a link to download the sample.
Where to apply to bailiffs on a writ of execution
The first question that arises among many citizens is to which department of bailiffs it is necessary to submit an application. The answer is quite simple - in the one where the execution will take place, but you need to pay attention to the following:
- for individuals the place of performance is the place of residence, stay or the place where the property is located. If you do not know the current address, then the last known place of residence is taken.
- for legal entities the legal address, the address of the branch or the location of the property is taken.
If you doubt the correctness of the address you have chosen, then you can apply to the chief bailiff of the subject. Quite often it is problematic to apply in person, so you can use the Russian Post or get an official representative with a power of attorney. You should not completely rely on the work of bailiffs, and if you have valuable information about the whereabouts of the debtor or other ways to contact him, then be sure to include them in the text of the application. If you know exactly what property the debtor has, then list it too.
After a court decision, several writ of execution may be issued for each debtor. In such cases, a separate application is written to initiate enforcement proceedings for each of them.
The procedure for considering an application
Three days after your application enters the bailiff department, it is transferred to a specific bailiff. He has three working days to initiate enforcement proceedings. After that, a decision is drawn up to initiate enforcement proceedings, which provides the debtor with the opportunity to voluntarily repay the debt within 5 working days after receiving a copy. The very copy of the decision to initiate enforcement proceedings is sent not only to the debtor, but also to the court and the recoverer. If the bailiff did not initiate proceedings in set time for whatever reasons, then you can write to it.
After reading this article, you should have no questions left and you can proceed to fill out an application to bailiffs on a writ of execution.
Litigation is over. During this period, relaxation and euphoria from the newfound victory come. As a rule, citizens who have won a judge's decision in their favor do not take into account the fact that this still does not allow them to receive legitimate payments and compensation.
After the end of the trial, a decision will be issued. Copies will be made and distributed to all participants. But that's not all. In our state, there is an instance whose task is to control the timely fulfillment of the conditions of court decisions.
This instance is called the executive service. Its employees have the title of bailiffs.
The role of bailiffs and how to start enforcement proceedings
Recovery proceedings do not start automatically. To initiate it, you will have to take a few simple, but mandatory steps. First, you need to get a writ of execution (sheet) from the court. It must be brought (sent) to the executive service. And it is precisely in the one that is under the jurisdiction of the court that issued the verdict.
It's not enough on its own. 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.
Below is a standard form and a sample application to the bailiff service, a version of which can be downloaded for free.
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. You can find a sample letter to the bailiffs on the writ of execution 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 employee of the service notifies the recoverer of what is happening, sending copies of the documents of the proceedings 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 writing off the necessary amount from the debtor's account 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 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 creditor himself chooses how to dispose of executive document 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