Write a statement to the bailiff to the performer. When to draw up a letter to the bailiffs about the progress of enforcement proceedings
Consideration of the statement of claim and acceptance judgment in favor of the plaintiff is not enough to enforce debt collection. Production opening and reclamation process Money possible when a citizen initiates it himself, contacting the Service bailiffs... The enforcement of the judgment will begin after the preparation of the petition and transfer to the authorized officer of the FSSP writ of execution or a court order.
How to draw up and where to submit an application?
The preparation of an application and its submission to the executive authority is required in various situations. It is necessary to draw up a petition as banking institutions if conditions are not met credit agreements and mothers whose ex-husbands do not want to fulfill their parental responsibilities and help their children financially. Less common reasons for contacting the bailiff service are illegal eviction of citizens or dismissal that is contrary to legal norms.
Oral appeal to the bailiffs is not enough, the application is submitted in writing. A proxy can also submit a petition, having with him a notarized document confirming his authority. The application and the writ of execution can also be sent by registered mail with notification. Compliance with the structure will help to write a statement correctly:
Petition for initiation enforcement proceedings compiled in accordance with legislative acts, in particular, with the Federal Law No. 229 "On Enforcement Proceedings". The document and the writ of execution are submitted at the place of execution of the enforcement actions. The place of execution of the collection for citizens is the place of residence of the debtor or the area where the property being recovered is located. For legal entities production also opens in the place where the property is located or on legal address enterprise (branch).
When the court order contains a requirement for the performance of obligations by the debtor, the application is filed at the place of performance of the obligation.
Sometimes it is very difficult to determine which service should be contacted. In such cases, the writ of execution is transferred to the territorial department of the bailiff service.
It so happens that according to one court decision, several executive documents are issued. In this case, the participants in the trial write applications for the opening of separate proceedings.
Sample application to the Bailiff Service
For the court order to be implemented as quickly as possible, it is important that the application contains the most comprehensive information possible. When drawing up a document for starting a production, it is better to use an example of a prepared form. Samples of written statements can be viewed from the bailiffs or on the service website. Below is an example of an application for acceptance of a writ of execution and the opening of proceedings, as well as a sample document with a request to transfer proceedings to another enforcement service.
The claimant should indicate in the document all known information about the payer. Any information can help the bailiff to collect money faster. For the execution of enforcement proceedings, the following information about the payer is important:
- place of work or study of the defaulter;
- contact information (phone number, email, residential address);
- information that the debtor is the owner of any property or has bank accounts;
- information that the defaulter receives an allowance, scholarship, and other payments.
The applicant may propose to take additional measures to collect the debt. For example, to apply for the arrest of bank accounts or real estate of a defaulter, imposing a ban on leaving the country.
The applicant prepares two copies of the application, one of them will be returned by the employee with a note confirming that the document has been sent for consideration. The application is numbered, at the end of it there is a list of attached documents.
The procedure for considering an application for collection under a writ of execution
After submitting an application to the office executive service, within 3 days it gets to the bailiff-executor. Another 3 days are allotted for the consideration of the document and the issuance of a verdict on the initiation of enforcement proceedings. In rare cases, enforcement of a judgment is not possible. Then the bailiff refuses to open proceedings. If the debtor lives in another region, the court order is transferred to the appropriate office of the FSSP.
At the beginning of the enforcement proceedings, the debtor is given a period for voluntary fulfillment of his obligations, which is often 5-7 days. The decision to open production is sent within 24 hours to the plaintiff, payer and Judicial authority... In this case, the debtor has the right to appeal it within 10 days from the date of issue. The term may be increased by the court for valid reasons.
Legal relations with debtors push creditors to file applications for initiation of proceedings. The procedure consists of several stages, during which there is an appeal to the court and to the bailiff service. The applicant is given documents on the case (sheet or order of the judge). The further fate of the debt depends on how competently the statement is drawn up.
The order of collection under a writ of execution
An application for the purpose of enforcement (compulsory) proceedings has strictly written form... The appeal is considered in the territorial department of the bailiffs. It is important to remember that the document is submitted at the place of actual consideration of the case. Actions of bailiffs on a writ of execution:
- when contacting individuals- at the place of residence of the applicant, the location of the property or at the place where the property was found last. In the latter case, the recoverer will need to take measures to find the debtor's property;
- when organizations contact - at the legal address, location of debt property or at the location of a subsidiary (branch);
- in case of other requirements - at the place of the debtor's actions in relation to the creditors. These actions can be of both financial and other nature.
In especially difficult cases, the applicant does not know which body of bailiffs to write a statement to. Then it is advisable to send documents and an appeal to the name of the chief bailiff of the constituent entity of the Russian Federation. But before that, you need to look at a sample petition to the bailiffs on the writ of execution (on our website).
In what cases do they write an application to the FSSP?
Before contacting the service bailiffs(bailiffs), the interested person must receive the appropriate order and the sheet itself. People in uniform will begin to act only on the basis of a higher order (Article 30 of the Federal Law "On Enforcement Proceedings"). An appeal to the FSSP with a statement to initiate proceedings is relevant:
- when the loan is overdue. The applicant is a bank that intends to collect the amount of debt + penalties against the defaulter of the loan;
- for alimony. Divorce requires the payment of alimony by one of the parents (most often the father). Failure by the ex-spouse to fulfill his obligations in relation to the single mother and the child leads to the initiation of proceedings in accordance with the executive document (sheet);
- search for a minor. The applicants are usually guardianship authorities or third parties. The search is carried out jointly with law enforcement agencies;
- illegal eviction. Often, bailiffs are forced to consider the appeals of deceived tenants who have been unlawfully evicted from the apartment. The application for the initiation of proceedings presupposes the requirement of re-introduction.
Life situations can be very different, and this is not an exhaustive list of appeals to the FSSP on the list in order to initiate enforcement proceedings and bring the debtor to justice.
How to correctly state your requirements
Drawing up and submitting an application to the bailiffs precedes the initiation of proceedings on the writ of execution. The claimant draws up a written appeal, which sets out all the requirements for the opposite party (the debtor). A sample application to the bailiffs to initiate compulsory enforcement proceedings is located below. The document must contain:
- name and location of the FSSP;
- Full name and contact details of the applicant (creditor);
- Name and information about the opposite party (debtor);
- a written request to open a case in accordance with a writ of execution and a court order;
- sheet information (form, date and number);
- a statement of information about the case under consideration, indicating all the nuances of debt, timing of default, etc .;
- the amount of debt at the time of contacting the bailiffs;
- details of the applicant's bank account for transferring the amount of debt to be recovered;
- date and signature of the claimant.
The appeal and the writ of execution (court) are transferred to the office of bailiffs personally by the applicant or through a representative. In the second case, the representative must provide a power of attorney stating that he is acting on behalf of the principal. An employee of the office accepts a written application and a sheet, after which he issues a special coupon with a stamp. The term for consideration of applications from citizens and legal entities is 3 days. Based on the results of familiarization with the writ of execution, the bailiffs send an answer.
Procedure for initiating enforcement proceedings
The definition reads: enforcement proceedings is a legal procedure involving the collection of money or property of the debtor in payment of his debt. According to the rules, proceedings are initiated after the filing of an application and a writ of execution from the creditor or his representative. The order is as follows.- Without waiting for the repayment of the debt or alimony on time, the applicant has the right to file a statement of claim in court. Based on the results of the hearings, the judicial authority issues a verdict on enforced debt collection. The plaintiff receives a writ of execution or a court order.
- At the second stage, the interested person submits an application at the place of service of bailiffs (bailiffs). Moreover, either at the location of the property, or at the location (registration) of the debtor. Together with the written request, the claimant sends a writ of execution (agreement on the payment of alimony).
- At the third stage, the chief bailiff issues a resolution to initiate enforcement proceedings. The service prepares three copies of the decision and sends them to the addresses of the applicant, the debtor and the judicial authority.
- The term of execution in the case is 3 years. The debtor is given 5 days to voluntarily repay the debt. Otherwise, the bailiffs arrest the accounts and describe the property of the defaulter (Article 36 of the Federal Law "On Enforcement Proceedings").
The first thing that needs to be done in order to enforce the recovery of alimony is to obtain a writ of execution, on the basis of which payments will be made. Then you can send it to the place of work of the debtor, if it is known. But a more thorough work can be carried out by the bailiff service. To do this, you need to submit a document and a corresponding application to the appropriate department.
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Concept and purpose
The enforcement process begins with receipt. The recipient must apply to the court for the order or with statement of claim... Also as executive document you can use a notarized agreement ( if voluntarily it is not performed).
However, one court order to start enforcement will not be enough. The recipient of alimony must submit an application along with this paper.
A statement on the initiation of enforcement proceedings is a document expressing the will of the recipient of alimony to begin the procedure for enforced collection of debt from the payer.
The application is necessary just in order for the bailiff service to begin a similar procedure on the basis of the data provided by the applicant.
Foundations
The basis for contacting the bailiff service with a statement on the initiation of proceedings is the availability of an executive document, which may be:
- Performance list. Issued on the basis of a court decision ( after the entry into force of the decision).
- , which must be notarized. Otherwise, it will have no legal effect. The agreement is certified by any notary and may contain various information, including the frequency of payments, the terms of termination of the obligation, and so on.
- Court order. Issued on the basis of an application for the issuance of an order, which is submitted to justices of the peace. It is worth remembering that an order is not issued if there is a dispute about the right ( for example, you need to establish paternity or determine).
The executive document is issued after the entry into force of the judicial act. Before the decision comes into force, the parties have the right to appeal it on appeal. After joining, the appeal will be possible only on newly discovered circumstances.
Where to go
To obtain a writ of execution, you must apply to the magistrate's court. If the alimony is planned to be collected as a percentage of the payer's earnings, then an application for the issuance of an order should be submitted. In a situation where it is necessary to collect payments in a fixed amount, the proceedings will be carried out in the course of action proceedings.
The case can be considered in a district or city court, if another issue is resolved simultaneously with the alimony ( for example, establishing paternity).
The parties can draw up and certify an agreement on the payment of alimony, which will contain mutually beneficial terms, which they will come to as a result of negotiations. To certify such an agreement, you must contact any notary. Subsequently, the agreement can be used as an enforcement document if the payer does not voluntarily fulfill it.
When the recipient already has a writ of execution and the application for initiating proceedings has been written, he must contact the bailiff service at the place of residence of the payer. The case will be transferred to a specific specialist who will carry out all the measures necessary for the collection of funds.
What duties do the services perform?
The bailiff service must perform the following actions within the framework of enforcement proceedings:
- Initiate enforcement proceedings.
- Notify the debtor of the initiation of proceedings ( by mail or personal contact).
- Offer the debtor to voluntarily fulfill the requirements of the court order and provide all the necessary information.
- Send inquiries to Pension Fund, Foundation Social Insurance and tax office in order to find a place of employment for the debtor or to establish the fact that he has received a pension and other payments from the state.
- If necessary, start the search for the debtor's property by sending requests to Rosreestr, MREO traffic police and others state structures, as well as by leaving the debtor's place of residence.
- Send relevant inquiries to banks to find the debtor's accounts.
- Seize the debtor's property, as well as his bank accounts.
- Transfer funds to the recipient's account ( or by postal order).
Within the framework of enforcement proceedings, all actions necessary for the execution of a judicial act are performed, but strictly within the framework of the law.
Document structure
The legislation establishes an approximate structure of an application to bailiffs for the recovery of alimony. The sample should contain the following information:
- Details of the bailiffs department to which the application is submitted, including address and name.
- Applicant's details.
- Debtor's details.
- The name of the submitted application.
- An indication of the need to initiate enforcement proceedings.
- Link to the court decision ( date and number of the case) and on the executive document. If a case is initiated on the basis of an order, then only its details are indicated ( or the details of the agreement, if the proceedings are initiated on the basis of it).
- Details to which it is necessary to transfer the alimony debt.
- Request to initiate proceedings.
- Application list ( court decision, executive document and other documents relevant to the case).
- Date and signature of the applicant.
Subsequently, the applicant will be able to change the details for the transfer by submitting a separate application about this.
What additional papers need to be fed
In addition to the application, the bailiff service will need to submit:
- A copy of the court decision.
- The original of the writ of execution or other executive document ( agreement or order).
- A copy of the documents confirming the opening of a bank account and the details of this account.
- A copy of the applicant's passport. If there is no passport, then another paper on the identity of the applicant.
- A copy of the identity document of the debtor ( in the presence of).
- Copies of the debtor's ownership documents ( in the presence of).
- Any papers proving the property status of the debtor.
Procedure and consequences
Initially, the application for the initiation of proceedings is considered by the head of the particular department to which it was submitted. After that, it is sent to work alone and specialists, depending on the territoriality. From the moment of filing the application to its transfer to the bailiff, a period of not more than three days must elapse.
If the debtor refuses to fulfill his obligations voluntarily, then the stage of enforcement begins. The bailiff sends all necessary inquiries in order to determine property status the debtor and identify the place of his employment or the fact of receiving a pension and other payments from the state.
After that, the claimant can in some way influence the course of enforcement proceedings by submitting some applications to the name of the bailiff:
- On the seizure of the debtor's property. This can be transport, real estate, as well as almost any property. If the arrest control cannot be carried out in full ( for example, when seizing household items or electronics), then the thing can be transferred for safekeeping to the debtor himself. For the loss or sale of the object, an appropriate sanction will be applied.
- On the ban on travel outside the Russian Federation. The ban is valid for six months. Further, it can be extended.
- On the collection of a forfeit for a delay in payment. If the delay occurred against the will of the debtor, then it cannot be recovered.
After the bailiff receives money from the debtor, they are credited to the deposit account of the bailiff service. After that, they are transferred to the claimant to his account or by postal order.
The legislative framework
The institution of alimony obligations is regulated by a number of legal acts, but the main points are disclosed precisely in. It contains the concept of these obligations, their features, as well as the rights of the parties and their obligations.
But the issues of compulsory execution, in particular the requirements for the application to initiate proceedings, are disclosed in the Federal Law "On Enforcement Proceedings." The law defines not only the rules for the collection of funds, but also the rules for filing an application, as well as the termination of proceedings.
Also, for a complete understanding of the situation, you should pay attention to the norms Civil Code RF, Civil Procedure Code, Tax Code and Fundamentals of Legislation on Notaries. All of them will help answer the questions that have arisen and resolve the situation that has arisen.