Write a letter to the bailiff. When to issue a letter to bailiffs on the progress of enforcement proceedings
Consideration of the claim and acceptance judgment in favor of the plaintiff is not sufficient for enforcement debt. The process of opening production and reclamation Money is possible when a citizen initiates it himself by contacting the Service bailiffs. Enforcement of the court decision will begin after the petition is drawn up and handed over to the authorized officer FSSP executive sheet or court order.
How to make and where to apply?
Preparation of an application and its submission to the executive authority is required in various situations. The application must be made as banking institutions if conditions are not met loan agreements and mothers whose ex-husbands do not want to fulfill their parental duties and help their children financially. Less common reasons for contacting the bailiff service are the illegal eviction of citizens or dismissal, which is contrary to the law.
Oral appeal to the bailiffs is not enough, the application is submitted in writing. An authorized person can also submit an application, having a notarized document confirming his authority. The application and writ of execution can also be sent by registered mail with notification. Compliance with the structure will help to write a statement correctly:
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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 shall be submitted at the place of performance of enforcement actions. The place of execution for citizens is the place of residence of the debtor or the area where the property being recovered is located. For legal entities production is also opened in the place where the property is located or legal address enterprise (branch).
When the court order contains a requirement for the performance of obligations by the debtor, the application is submitted 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 happens that several enforcement documents are issued according to one court decision. In this case, the participants in the trial write applications for the opening of separate proceedings.
Sample application to the Bailiff Service
In order for the court order to be implemented as quickly as possible, it is important that the application contains the most comprehensive information. When drawing up a document for starting production, it is better to use an example of a prepared form. Samples of written statements can be viewed at the bailiffs or on the website of the service. Below is an example of a statement of acceptance writ of execution and the opening of proceedings, as well as a sample document with a request to transfer the proceedings to another executive service.
The creditor should indicate in the document all known information about the payer. Any information can help the bailiff recover the money faster. For the execution of enforcement proceedings, the following data about the payer are important:
- place of work or study of the non-payer;
- contact information (telephone number, e-mail, residential address);
- information that the debtor is the owner of any property or has bank accounts;
- information that the non-payer receives benefits, scholarships, other payments.
The applicant may propose to take additional measures to collect the debt. For example, to petition for the arrest of bank accounts or real estate of a non-payer, the imposition of a ban on leaving the country.
The applicant prepares two copies of the application, one of which the employee will return with a note confirming that the document has been sent for consideration. The application is numbered, at the end of it a list of attached documents is indicated.
The procedure for considering an application for recovery under a writ of execution
After submitting an application to the office executive service, for 3 days it gets to the bailiff. Another 3 days are allotted for the consideration of the document and the issuance of a verdict on the initiation of enforcement proceedings. Occasionally, enforcement of a judgment is not possible. Then the bailiff refuses to open proceedings. If the debtor lives in another region, the executive document is transferred to the appropriate representative office of the FSSP.
At the beginning of enforcement proceedings, the debtor is given a period for the voluntary fulfillment of his obligations, which is often 5-7 days. The decision to open proceedings is sent within 24 hours to the plaintiff, payer and Judicial authority. In this case, the debtor has the right to appeal within 10 days from the date of issuance. The term may be extended by the court for valid reasons.
Legal relations with debtors push creditors to apply 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 (list or order of the judge). The further fate of the debt depends on how competently the application is drawn up.
The procedure for collecting a writ of execution
An application for the purpose of enforcement (compulsory) proceedings is strictly written form. The appeal is considered in the territorial department of bailiffs. It is important to remember that the document is submitted at the place of actual consideration of the case. Actions of bailiffs on the 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 last discovered. In the latter case, the recoverer will need to take measures to search for the debtor's property;
- when organizations apply - at the legal address, the location of the debt property or the location of the subsidiary (branch);
- in case of other requirements - at the place of the debtor's actions in relation to creditors. These actions can be of both financial and other nature.
In particularly difficult cases, the applicant does not know which body of bailiffs to write an application to. Then it is advisable to send documents and an appeal addressed to the chief bailiff of the constituent entity of the Russian Federation. But before that, you need to view a sample petition to bailiffs on a writ of execution (on our website).
In what cases is an application written to the FSSP?
Before contacting the service bailiffs(bailiffs), the person concerned 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 on the initiation of proceedings is relevant:
- when the loan is overdue. The applicant is a bank that intends to recover the amount of the debt + penalties against the defaulter on the loan;
- on alimony. Divorce requires the payment of alimony by one of the parents (most often the father). Failure by the ex-spouse of his obligations in relation to a single mother and child leads to the initiation of proceedings in accordance with the executive document (list);
- search for a minor. 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 were subjected to unlawful eviction from the apartment. The application for the initiation of proceedings implies a requirement for re-entry.
Life situations can be very different, and this is by no means an exhaustive list of appeals to the FSSP on the sheet in order to initiate enforcement proceedings and hold the debtor liable.
How to correctly state your requirements
The preparation and submission of an application to bailiffs precedes the initiation of proceedings on a writ of execution. The recoverer draws up a written appeal, where he sets out all the requirements for the opposite party (debtor). A sample application to the bailiffs for the initiation of 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);
- Full 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 the debt, the 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 collected;
- date and signature of the claimant.
The appeal and the writ of execution (judicial) 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 request 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 a response.
The procedure for initiating enforcement proceedings
The definition says: enforcement proceedings are 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 submission 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 claim with the court. Based on the results of the hearings, the judicial body issues a verdict on the enforcement of 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 a written request, the recoverer sends a writ of execution (agreement on the payment of alimony).
- At the third stage, the senior bailiff makes a decision to initiate enforcement proceedings. The service draws up three copies of the decision and sends them to the addresses of the applicant, the debtor and the judicial authority.
- The execution period for the case is 3 years. The debtor is given 5 days to voluntarily repay the debt. Otherwise, the bailiffs seize the accounts and describe the property of the defaulter (Article 36 of the Federal Law “On Enforcement Proceedings”).
The first thing to do in order to enforce the collection of alimony is to obtain 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 of a court decision 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:
- Initiate 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 Pension Fund, Foundation 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 for an application to 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 writ of execution ( 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 the bailiff receives funds 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.