Application to bailiffs for a court decision. Where to complain about bailiffs and what can be the subject of a complaint

The first thing to do in order to enforcement alimony - to receive an executive document, on the basis of which payments will be made. Then you can send it to the place of work of the debtor, if it is known. But more thorough work can be done by the bailiff service. To do this, you need to submit a document and a corresponding application to the appropriate department.

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Concept and purpose

The enforcement process begins with the receipt of . The recipient must apply to the court for an order or statement of claim. Also as executive document you can use a notarized agreement ( if it is not voluntarily performed).

However, one executive document will not be enough to start a compulsory recovery. The recipient of alimony must submit an application along with this paper.

An application for the initiation of enforcement proceedings is a document expressing the will of the recipient of alimony to start the procedure for the enforcement of debt collection from the payer.

The application is necessary just in order for the bailiff service to start a similar procedure based on the data provided by the applicant.

Foundations

The basis for applying to the bailiff service with an application to initiate proceedings is the presence of a writ of execution, which may be:

• Performance list. Issued on the basis judgment (after the entry into force of the decision).
• which must be notarized. Otherwise, it will not be legally binding. The agreement is certified by any notary and may contain various information, including the frequency of payments, the conditions for terminating the obligation, and so on.
• Court order. Issued on the basis of an application for issuance of an order, which is submitted to justices of the peace. It is worth remembering that an order is not issued if there is a dispute about the right in the case ( for example, it is necessary to establish paternity or determine).

The executive document is issued after the entry into force of the judicial act. Before the decision enters into force, the parties have the right to appeal against it on appeal. After joining, an appeal will be possible only on newly discovered circumstances.

Where to go

To obtain a writ of execution, you must apply to the world court. If it is planned to collect alimony as a percentage of the payer's earnings, then an application for an order should be submitted. In a situation where it is necessary to collect payments in a fixed amount, the proceedings will be carried out in the order of action proceedings.

The case can also be considered in a district or city court, if another issue is resolved simultaneously with alimony ( e.g. establishing paternity).

The parties can draw up and certify an agreement on the payment of alimony, which will contain mutually beneficial conditions that they will come to as a result of negotiations. To certify such an agreement, you must contact any notary. Subsequently, the agreement can be used as an executive document if the payer does not comply with it voluntarily.

When the recipient already has a writ of execution in his hands and an application for initiating proceedings has been written, he needs to contact the bailiff service at the payer's place of residence. The case will be transferred to a specific specialist who will carry out all the necessary measures to recover the funds.

What are the responsibilities of the services?

The bailiff service must perform the following actions as part of the enforcement proceedings:

• excite enforcement proceedings.
• Notify the debtor of the fact of initiation of proceedings ( by mail or in person).
• Invite the debtor to voluntarily comply with the requirements of the enforcement document and provide all the necessary information.
• Send requests to the Pension Fund, Fund Social Security and Tax Service in order to find the place of employment of the debtor or establish the fact that he received a pension and other payments from the state.
• If necessary, start searching for the debtor's property by sending requests to Rosreestr, MREO traffic police and others state structures, as well as by leaving the place of residence of the debtor.
• Send appropriate requests to banks to search for debtor's accounts.
• Seize the property of the debtor, as well as his bank accounts.
• Transfer funds to the beneficiary's account ( or by postal transfer).

Within the framework of enforcement proceedings, all actions necessary for the execution of a judicial act are performed, but strictly within the framework of the law.

Document structure

The legislation establishes an approximate structure of the application bailiffs for the recovery of alimony. The sample must contain the following information:

• Details of the bailiff department to which the application is submitted, including address and name.
• Applicant details.
• Details of the debtor.
• The name of the submitted application.
• Indication of the need to initiate enforcement proceedings.
• Link to court decision date and case number) and executive document. If the case is initiated on the basis of an order, then only its details are indicated ( or details of the agreement, if proceedings are initiated on its basis).
• Details to which it is necessary to transfer the debt for alimony.
• Request for initiation of proceedings.
• Application list ( court decision, writ of execution and other documents relevant to the case).
• Date and signature of the applicant.

Subsequently, the applicant will be able to change the details for the transfer by submitting a separate application about this.

What additional paperwork needs to be submitted

In addition to the application, the bailiff service will need to submit:

• A copy of the court decision.
• Original writ of execution or other executive document ( agreement or order).
• A copy of documents confirming the opening of a bank account and details of this account.
• A copy of the applicant's passport. If there is no passport, then another paper about the identity of the applicant.
• A copy of the identity document of the debtor ( in the presence of).
• Copies of the debtor's property documents ( in the presence of).
• Any papers that testify to the property status of the debtor.

Procedure and consequences

Initially, the application for initiation of proceedings is considered by the head of the specific department to which it was submitted. After that, it is sent to the work of one and specialists, depending on the territoriality. From the moment of filing the application to its transfer to the bailiff, a period not exceeding three days must pass.

If the debtor refuses to fulfill his obligations voluntarily, then the stage of forced collection begins. The bailiff sends all necessary requests 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 recoverer may in some way influence the course of enforcement proceedings by submitting some statements addressed to the bailiff:

• On the seizure of the property of the debtor. It can be transport, real estate, as well as almost any property. If arrest control cannot be fully performed ( for example, when seizing household items or electronics), then the thing can be transferred for safekeeping to the debtor himself. For the loss or sale of the object, the appropriate sanction will be applied.
• On the ban on travel outside the Russian Federation. The ban is valid for six months. Further it can be extended.
• On the recovery of a penalty for late payment. If the delay occurred against the will of the debtor, then it cannot be recovered.

After receiving the bailiff Money from the debtor, they are credited to the deposit account of the bailiff service. After that, they are transferred to the creditor to his account or by postal order.

The legislative framework

The institution of maintenance obligations is regulated by a number of legal acts, but the main points are disclosed precisely in. It contains the concept of these obligations, their features, as well as the rights of the parties and their obligations.

But issues of enforcement, in particular the requirements for an application to initiate proceedings, are disclosed in the Federal Law "On Enforcement Proceedings". The law defines not only the rules for collecting funds, but also the rules for filing an application, as well as for terminating proceedings.

Also, to fully understand the situation, it is worth paying attention to the rules Civil Code RF, Code of Civil Procedure, Tax Code and Fundamentals of legislation on notaries. All of them will help to answer the questions that have arisen and resolve the situation.

from 31/12/2018

Sometimes a petition to the bailiff helps to execute the court decision in a shorter time. And sometimes, on the contrary, slow down the process or suspend it. Everything depends on the goal. Along with the parties, any participant in the procedure can submit a petition to the bailiff. representatives, employers, banking organizations, translator, etc.

The petition is addressed, as a rule, to the bailiff. But in principle, it can also be submitted to the name of the senior, chief bailiff, etc. And the officials are obliged to consider the document, and inform the applicant about the results.

Most of the applications that may be received in the process of enforcement proceedings are expressly provided for by the Law. These are statements on the stages of enforcement proceedings (,), on enforcement actions (,), etc. Examples of the preparation and submission of such documents are given on our website. If the sample application you are looking for is not available on the website, please use the sample below.

Example of a petition to a bailiff

bailiff-executor

Gagarin OSP UFSSP of Russia for Moscow

Collector: Pomeschikova Elena Viktorovna

address: Moscow, st. Ulyanova, 35, apt. 8

tel. 895602565156

within the framework of enforcement proceedings No. 1528/15/545612/2021

In the production of the Gagarin OSP UFSSP of Russia for Moscow is dated November 20, 2021 No. 1528/15/545612/2021. On the basis of a court order for the recovery of alimony No. 1-665/15 dated October 17, 2021, issued by the judicial district No. 5 of the Gagarinsky district of Moscow. I am the recoverer within the specified enforcement proceedings, the debtor is Konstantin Sergeevich Pomeschikov.

The bailiff's ruling issued on the basis of the results of consideration of the petition shall be sent to the applicant, the parties, to the court (another body) that issued the writ of execution.

In accordance with current legislation a court decision that has entered into legal force is binding and must be executed in without fail. But not all persons comply with the conditions of the court decision. That is why the legislation provides for the possibility of enforcement of a court decision. Enforcement of a court decision is carried out by bailiffs on the basis of certain legislative acts.

Features of compiling a document

Legislative regulation

Legislation carefully regulates the procedure for the enforcement of a court decision. In particular, procedural legislation provides for the procedure for the entry into force of a court decision. For example, it states that a court decision comes into force after the expiration of the period given to the parties to the proceedings to appeal it. And says that the appeal may be filed within a month from the date of the decision.

Important! After the expiration specified period the court decision comes into legal force and can be enforced.

To start the enforcement process, you must submit an appropriate application to the court and receive a writ of execution, which must be presented to the bailiff service. Based on the presented writ of execution, enforcement proceedings are initiated. The procedure for initiating enforcement proceedings and the implementation of enforcement actions received its regulation in.

When a Request is Necessary

Of course, the legislation carefully regulates the procedure and terms for the implementation of executive actions. But bailiffs do not always perform their duties conscientiously. Very often they violate the deadlines established by law, and also do not provide the applicant with information regarding the enforcement actions taken.

Accordingly, in the above cases, it becomes necessary to draw up an application - a request for measures taken by the bailiff to fulfill the requirements of the executive document. After all, the applicant has every right to receive information about the actions performed by the bailiff.

How to compose and send

Statement - a request for the measures taken by the bailiff-performer to fulfill the requirements of the executive document must be drawn up in writing.

Important! in the text of the application, it is necessary to indicate the data of the court case, as well as the writ of execution on the basis of which enforcement proceedings were initiated. If the applicant has a number of enforcement proceedings, then this number must also be indicated.

In the text of the statement, reference should also be made to the relevant legislative acts ( , Federal Law “On the Procedure for Considering Citizens’ Appeals in the Russian Federation”). After indicating these legislative acts, it is necessary to write the applicant's questions and the data about which he wants to receive information.

It is advisable to make an application in two copies, one of which must be left with the applicant. The application may be mailed with acknowledgment of receipt. It can also be handed directly to the bailiff service. But in this case, on the second copy of the application, the relevant employee stamps and signs on receipt of the application.

Completed sample document

To the head of the department - senior bailiff ______________________ OSB
(FULL NAME.)
department address
from (FULL NAME.),
residing at:
(address), telephone

Statement.

In the proceedings of the bailiff-executor _____________ OSB (FULL NAME.) there is enforcement proceedings No. __________________, initiated on "__" ________ 20__ on the basis of a writ of execution - court order No. _________ dated "__" ________ 20__, to recover in my favor the amount of debt from __________.

To date, the requirements of the executive document have not been fulfilled (partially fulfilled), I do not have information about the progress of enforcement proceedings.

Based on the foregoing, guided by Article 50 of the Federal Law “On Enforcement Proceedings” No. 229-FZ of 02.10.2007, I ask you to comply with the established paragraph 1 of Article 12 of the Federal Law “On the Procedure for Considering Citizens' Appeals in the Russian Federation” No. 59-FZ of 02.05 .2006 30-day period to report what measures were taken by the bailiff to fulfill the requirements of the executive document (indicating the dates of all enforcement actions and enforcement measures):

1. Were requests sent to banks and registration authorities ( Pension Fund, Inspectorate of the Federal Tax Service, traffic police, GIMS, state technical supervision, FRS, BTI, other registration authorities).
2. Whether the output was carried out at the place of residence of the debtor.
3. Was the debtor summoned to the bailiff on subpoenas / demands / notices.
4. Whether the debtor was forced to drive.
5. Was the debtor warned about criminal liability for evasion of payment? accounts payable under Article 177 of the Criminal Code (if the debt is over 250 thousand rubles).
6. Was a request sent to the OUFMS about the place of registration of the debtor, as well as whether he has a foreign passport, if there is an OZP, whether the bailiff issued a decision to restrict the debtor's right to leave the Russian Federation.

Immediately after the entry into force of the court decision, the citizen in whose favor the case was closed has the right to receive a special document and transfer it to the FSS. Unfortunately, only a few citizens know that in addition to the specified document, it will be necessary to issue an official application to the bailiffs for the recovery of a writ of execution.

It is important not only to indicate accurate data in it, but also to comply with all applicable rules for drawing up an application. Only after the receipt of the listed documents, the bailiff will be obliged to launch a standard mechanism for the forced collection of funds from the person who is the debtor. In this article, we will focus on the issue related to the design standard statement, as well as the general procedure for accepting a writ of execution for execution.

The most pressing issue for many citizens is the place of transfer of the appeal to initiate proceedings. In other words, citizens do not know to which department the application and IL should be submitted so that all necessary measures are initiated as quickly as possible.

To act strictly within the law, citizens submitting an application should pay attention to such points:

• for physical persons, the place of performance is the place of residence or stay. You can also apply at the location of the property. If the citizen's current address of residence is unknown, then the last place of residence of the citizen is used;
• used for companies legal address or the location of the property.

If the applicant has doubts about the correctness of the chosen address, it is worth contacting the chief bailiff directly. In addition, consideration should be given to the possibility of sending the application by mail in the form of a valuable item with notification.

How is an appeal made?

The application must be completed in a standard way, and in this case it is worth being guided by the following points:

• in the upper right part of the document, information about the recipient of the appeal is indicated (the position of the bailiff and the structural unit);
• under them, the personal data of the applicant, including the phone number and address, are written;
• in the text of the document, you will need to refer to the executive document indicating the date and number;
• it is recommended to state in as much detail as possible information about the debtor, his place of residence, address of registration, as well as attach a list of property and cash savings in the bank;
• it is important to clearly state the grounds for initiating an IP.

Besides general order registration of the document, it is necessary that the applicant complies with existing requirements.

What are the requirements for an application?

The application is a standard document that must be writing. On the other hand, the law provides for the transfer of the application through a representative. To do this, you will have to issue and attach also a notarized power of attorney. In addition to such requirements, it is necessary that the document contains only clear and understandable wording, and that there are no errors.

The essential point of appeal is the size of the requirements. The bailiff must get a complete picture of how much the claimant wants to receive and what type of debt in question generally. The best option in this case is to use standard sample. This will eliminate errors and draw up a document strictly according to the rules that are prescribed in Russian legislation.

How to transfer the document to the bailiff?

A correctly and competently drawn up application is a guarantee that the executor will work more efficiently in the future on the execution of the court decision. It is important that all applications addressed to the employees of the FSSP service are initially registered in the office. For this reason, the appeal should be drawn up in two copies at once, so that in the future the office employee can leave a mark on this document about receiving the appeal.

Such a procedure is necessary for the subsequent challenge of the actions of the bailiff, if the employee delays the deadlines or is inactive. Based on the results of the received document, the bailiff is obliged to issue an official decision on the opening of the IP. If the recoverer or debtor does not agree with the decision, they have the right to file a complaint with the senior bailiff or with the judicial authority.

In the case of sending documentation by mail, it is necessary to have documents confirming this fact and take into account that the deadline for receipt of the application by the bailiff will include the period of delivery of the letter by the postal service.

Conclusion

To initiate enforcement proceedings to recover a debt, it is not enough just to get a court decision on recognizing the defendant as a debtor. To expedite collection, a citizen acting as a recipient of a debt will need to file a petition with FSSP service, where to state your requirements and provide a link to the official document. It is important that the document be drawn up as correctly and competently as possible, since only then the bailiff will be able to accept the IL for production and open enforcement proceedings.

02.01.2019

In order to obtain a writ of execution in court, it is necessary to apply for the issuance of a writ of execution according to the submitted sample.

The writ of execution shall be issued by the court after the entry into force of the decision. In the general case, filing an application for the issuance of a writ of execution is not required, the court is obliged to issue it independently. If the execution of the court decision is planned through the bailiff service, you can write an application for the court to send a writ of execution to the bailiff.