Lee a bailiff to send. The list of mandatory activities of bailiffs on the execution of the court decision. Is the bailiff obliged to submit to the court to recover an executive collection
Last updated: 02.02.2019
To submit a complaint to the inaction of the bailiff of the performer can and need. Inaction is the failure to fulfill their job duties. The most frequent cases when citizens are treated with claims to its work:
- non-fulfillment of executive actions to recover debt for a long time;
- accomplishing actions that violate the rights and interests;
- expired the period for the collection of debt (or other obligations) by attachment;
- unreasonable refusal to get acquainted with the materials of the enforcement proceedings;
- conducting forced recovery without providing the opportunity to voluntarily repay debt.
To defend its interests, restoring violated rights, it is necessary to complain about the work of the baits, namely, in various departmental authorities or the court.
Where to write a complaint
There are several options to affect the artist who does not want to work:
- a complaint against the bailiff to the older bailiff;
- appeal to the prosecutor's office;
- complaint of the court;
Consider all the specified options where you can complain in more detail.
To the older bailiff
If you add to the older bailiff of the district department of the SSP (in compliance with the procedure and conditions mentioned above), the term of consideration on the merits of the statement is 10 days.
The powers of the artist, though not endless, but great enough. For example, at a working debtor, on the basis of an executive list (directed by the Contractor), the accounting land is required to keep from his monthly salary and list you 25-50% of its income (depending on the number of children).
Also, the application will be effective directly to the regional management of the SSP. Despite the fact that the claim will be redirected down, in the area, but it will already be automatically taken to control.
According to the results of consideration of the appeal, the applicant will receive a written response, which is to be specified all the actions that performed the executor to recover the debt.
Complaint of the prosecutor's office
Very correct is a complaint about the prosecutor's office. The law provides for the 30-day term of its consideration. Analysis of the practice of consideration by the prosecutor's office of complaints of this species shows that their satisfaction is up to 90% depending on the region.. This indicator also says about the low efficiency of the complaint with the older bailiff on the ordinary bailiff; Fish because the head rotes.
Complaint of the court
The submission of claims to court is also a great way to defend your rights. In this case, the applicant appeals to the District Court with complaint about recognizing the inaction of the bailiff illegal. This wording is not subject to change, the complaint is as follows and should be called.
The law provides for a short period of consideration of such appeals - not more than 10 days.
When contacting the court, it will not be superfluous to apply for professional help to a lawyer or lawyer. Money spent on the payment of remuneration will be charged from the SSP department, and ultimately from the salary of a negligent official, the inaction of which you appealed. Thus, the performer will be well motivated when contacting the court or prosecutor's office.
It should also be remembered that complaints to the court duty are not subject.
From this and proceed, deciding where to file a complaint.
A complex approach
The law does not prohibit combining appeal to the boss of bailiffs and the prosecutor. This approach is the most correct, the more attention from various authorities will be attracted in your problem, the better. The chances of solving the issue with duty are increasing.
At the same time, in content such appeals will be completely the same. Only addresis will change. Therefore, since the law does not prohibit it, it means that it makes sense to use an integrated approach.
The deadline for filing a complaint
The current legislation provides for a 10-day term for the appeal of the inaction (actions) of the Contractor. The beginning of the term begins from the day when it became known or should have become known about violation of rights.
for example, Refused the application for familiarizing the materials of the Executive Board. The next day the appeal period begins. If such a refusal is directed by mail, then the day of the beginning of the term is considered the day the applicant's illegal response. This period can be restored, in case of passing it for a good reason.
For good reasons include:
- finding a business trip;
- disease;
- not receiving an appropriate letter.
At the same time, legal illiteracy does not serve as a basis for restoring the missed deadline, as everyone has the right to appeal to a lawyer or a lawyer.
What should it contain
The claim must meet certain requirements. Otherwise, the appeal can be left without consideration by formal grounds:
- First, the claim should not contain offensive expressions. The presence of obscene-free brass (and then) is the basis for refusing to consider. Therefore, it is necessary to keep yourself in your hands, whatever feelings you have experienced.
- Secondly, the complaint should be as concrete as possible. The applicant must clearly indicate what is the violation of his rights; What was the inaction of the bailiff (which actions he did not); Your requirement.
Complaints for inaction should consist of several parts. An example of complaints, more precisely its structure:
- The description of the situation;
- An indication of what exactly did the performer;
- Listing - which rights and legitimate interests of the applicant are violated;
- Requirement for certain specific actions.
Also, it is desirable to specify your contact phone number in the application. It may well happen that you will want to meet, and this is an extra reason to convey our requirements. This is a small, but victory.
The form of the complaint does not provide for any specific wording, mandatory references to the norms of the law. The main thing is the specificity and clarity of circulation.
There are some features of the content of the appeal submitted by the senior bailiff, the prosecutor or the court.
- Complaint of the head of the department Must contain a requirement to perform concrete action by attachment.
- Complaint of the prosecutor It must contain an expression of disagreement with an inaction of the bailiff and the requirement to check, restore the violated and rights and punish the guilty officials.
- A complaint against the court must necessarily contain the requirement to recognize the inaction of the Contractor illegal.
It is advisable to apply a copy of the documents you have anywhere, it is they can prove the validity of your arguments and testify to the illegality of the inaction of the bailiff.
Sample complaint against the action of the bailiff
№ 1 - Senior Division
Senior bailiff
_______________ urban department
from Afanasyeva A.N, address
/ date / attracting performer Chervyakov G.S. Executive production was initiated against Afanasyev S.L., which evades the payment of alimony to the content of our common minor children / to indicate children's data.
Afanasyev, on the basis of the decision of the magistrate, is obliged to pay 1 \\ 3 income from all types of earnings. For a long time / specify the period / Afanasyev from the payment of alimony evades, the amount of debt is / specify the amount /. Despite the fact that the debtor moves on its own car, it works / specify the place of work /, baptized by the performer of any actions aimed at recovery of debt does not take.
During the conduct of enforcement proceedings, the debtor is recovered only / specify the amount /. Meanwhile, actions on the arrest of the car belonging to him, inventory and the withdrawal of personal property are not produced. The debtor's wage recovery is also not imposed.
The inaction of the attorney's bailiff entails the violation of the rights of my minor children, since I can not provide them with the necessary clothes and school supplies.
ASK:
Recognize the inaction of the bailiff by Cherakova G.S. Illegal, violating juvenile rights / specify data /.
- To oblige him in the shortest possible time to conduct executive actions on the arrest of the debtor's car, inventory and the withdrawal of the property belonging to the place of residence / specify the address /.
- Take other measures aimed at the speedy ending of the enforcement proceedings.
18.01.2020
Afanasyev A.N.
№ 2 - to the prosecutor's office
Prosecutor / ... / District
Title, pho
from Sinyakina M.F.
Complaint of the inaction of the bailiff
/ Date / District Court of the city of Nizhny Novgorod issued a decision on recovery from Vasilchenko R.O. In my benefit of funds for causing moral damage. In order to fulfill the court decision, / date / by the Contractor merchant P.D. Executive production in relation to Vasilchenko R.O.
For a long time / specify the period / baptizing the actor to recover the amount of debt does not undertake. However, I relifically know that Vasilchenko R.O. It works in LLC Olympus and receives monthly wages. Despite my appeals from / date / Punching, the Contractor did not verify this information, the executive list was not sent to the accounting department. I believe that as a result of the inaction of the bailiff, my rights are violated.
ASK:
Create enforcement proceedings against Vasilchenko R.O., give an estimate of the inaction of the bailiff of the artist Motsova P.D.
- To adapt it to take all necessary measures to establish the fact of employment of the debtor, the direction of executive documents in the accounting department for debt collection.
- Take other prosecutor's response measures aimed at restoring my violated rights, as well as attract the disciplinary responsibility of the bailiff of Motsov P.D.
About the measures taken and the results of consideration of the complaint, please notify me in writing in the monthly period established by law.
Appendix: Copies Appeal to the SSP department and answers to them on / ... / sheets.
21.01.2020
Sinyakina M.F.
How can I file a complaint
Call with a complaint against the bailiff in different ways.
Perhaps Complain to the bailter over the Internet
This option is the easiest and affordable. But, at the same time, the warranty get an answer, no. Unfortunately, the service of bailiffs is one of the most "disabled" state structures. The applicant, of course, will be able to prove the fact of treatment, maybe even a guilty official will punish in a disciplinary order. But the problems will not solve this, but will lead to tightening the permission of the issue.
Written appeal
The most efficient way is written appeal. Here, too, there are several rules, observing which you guarantee the real consideration of the complaint and address the issue.
- If the complaint is served by the boss Bailiff directly by the applicant, should prepare a second copy of the appeal. Achieve people to put a stamp district department of the SSP service with a mark on the adoption and date of this treatment;
- If the complaint goes by mail, then you need to send it by registered letter with the notice. When officials receive her, you will receive a postal notification about it. It will serve as a guarantee that your appeal is not ignored, but really consider. So, if the applicant is in another region or as a state of health, he cannot come to the attachment department, nothing terrible - boldly send a complaint by mail.
Important moment. When with the appeal you attach any documents (and this is the right approach) and send it all this letter, then make the "Inventory-investment". In the mail, you will explain in more detail the essence of this option from the Russian Post: You have a document confirming the investment, with the transfer of specific documents. Thus, the application to your complaint will not be "lost."
Consideration of the complaint
When filing a complaint with a senior bailiff takes place
During this time, the head of the department is obliged to study the materials of the enforcement proceedings, to conduct an official inspection and tend a negligent official to take measures to recover the debt. This can be expressed in the following actions:
- overlay arrest on the property of the debtor;
- taking effective measures to search for such property:
- cars - Request in traffic police
- real Estate - Request to Rosreestr
- bank savings - in banks
- the presence of the debtor of the work - in the IFTS (tax), social and pension insurance funds on the deductions for him of the employer;
- the exit at the place of residence of the debtor, a description of his property and the implementation of it from trading.
According to the results of the consideration of the complaint, the applicant is necessarily sent a written response.
Prosecutor's Office
For a 30-day term of consideration, the prosecutor will recover enforcement proceedings, and when confirming the fact of the inaction of the Contractor, and therefore violations of your rights, measures will take action. The powers of the prosecutor's office are very wide:
- submission;
- cancellation of illegal solutions;
- requirements;
- announcement of warning.
In any case, regardless of the concrete measure, the prosecutor has the right to demand the elimination of violations of your rights. Refusal to him the bailiffs are not entitled, the requirements of the prosecutor is mandatory for execution. In this case, it will be forced to take action, intensify the work, and report the prosecutor.
The term of all actions cannot exceed 30 days, since the course of this time the prosecutor is obliged to give the applicant the answer. So during the month, the work on the executive production will not only be resumed, but also have concrete actions.
In addition, on the basis of the requirement of the prosecutor, the attracting, allowing violation of the law will be attracted to disciplinary responsibility. He will be announced a reprimand or strict reprimand, which will serve as a science for the future.
Court
The order in this case is:
- the court takes the complaint (there is no specific form, so focus on the above councils);
- requesters a document;
- during the court hearing headers the opinion of the parties (by the way, the participation of the prosecutor is obligatory);
- and makes a decision.
Cons appeal to court
Unlike the prosecutor, the court cannot:
- specify specific instructions - perform certain actions
- establish for this term
- and if necessary, and punish the bailiff.
The court decides on the recognition of the inaction of the bailiff illegal, and the obligations imposed on it to eliminate the disorders. Such requirements are usually not specific.
Pros of appeal to court
But the court decision is particularly good because you get the right to compensation for moral damage caused by illegal inaction of the SSP official. And you collect money for moral harm with the regional management of the SSP, which, in turn, accumulates them later (regression order) from that bailiff, which allowed them. That is, he understands that he will actually answer you with his wallet, and this is very noticeable. Because of such a perspective, the performer begins to work if not for conscience, but for fear for sure.
If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions for several days.
81 comments
This small but useful in my opinion the article that is equally suitable for both legal entities and physical.
My clients often turn to me with a question: "Does the bailiff obliged to inform the recoverer about all the actions on the enforcement proceedings." Meet this issue mainly the following, within the framework of the executive production, the addition should do a certain work aimed at the search for the property of the debtor. These are queries in banks, requests to Rosreestr, in the traffic police well, and accordingly, receiving answers to them.
So, Should the ability to notify the recoverer after the direction of any request or receive a response?!
Let's figure it out together. In accordance with the Enforcement Act, the persons participating in the executive work are notified about the time and place of the execution of executive actions or the use of enforcement measures or are caused to the bailiff of the agenda with the notice of the presentation, telegrades, telegram, using electronic, other types of communication and delivery or face, with his consent, the bailiff charges them to deliver.
This rule of law does not oblige a bailiff to inform the recoverer on the progress of enforcement proceedings and all the perfect actions mentioned above. And by itself the fact of the failure of the recoverer about all the actions committed within the framework of the enforcement proceedings is not the basis for the conclusion about the inaction of the bailiff.
This position is confirmed by judicial practice. Resolution of the Arbitration Court of the Moscow District of 18.11.2015 No. F05-15301 / 15 in case No. A40-65471 / 2015. In this trial, the plaintiff - the recovere asked to recognize the inaction of the district department of bailiffs illegal. He pointed out that repeatedly sent requests for the progress of enforcement proceedings. But the answer was not received. The courts of all instances legitimately rejected the argument of the recoverer that the bailiff is not obliged to inform it about the actions carried out in the framework of the enforcement and did not consider that the attracting was inactive.
The court also pointed out, and I agree with this position that the Federal Law "On Enforcement Proceedings" gives the right to the recoverer to get acquainted with the materials of the enforcement proceedings, to make discharge from them, remove copies. And after you have familiarized yourself with the executive production and found that the baptization does not send requests or responds about the property available, and the attracting does not impose an arrest or does not draw a penalty on it, it is possible to recognize inaction illegal.
After the court made a decision, and it entered into legal force, the executive document is issued to initiate the enforcement and compulsory execution of the court decision. Often the recoverer raises the question: "How to present an executive leaf bailiffs?"
To initiate enforcement proceedings on the basis of the executive document, the territorial separation of the Federal Bailiff Service of the Russian Federation (hereinafter the FSSP of the Russian Federation), the recoverer must:
1. prepare an application for the initiation of enforcement proceedings;
2. Apply and executive document into the territorial separation of the Federal Tax Service of the Russian Federation;
3. After 7 working days, obtain a resolution on the initiation of enforcement proceedings, or a decree on refusal to initiate enforcement proceedings.
Preparation of an application for the initiation of enforcement proceedings
In Russia, as folk wisdom says, "they meet along the clothes, they accompany the mind." An application for the initiation of enforcement proceedings is your business card. It is from the statement that your acquaintance begins with the bailiff, who will deal with your executive work. The first impression of the recoverer is consistent with the reading of its application for the initiation of enforcement proceedings, so the application must be written well and contain all the necessary details.
The following information must be specified in the application for the initiation of enforcement proceedings:
1. The name of the division of the Federal Bailiff Service of the Russian Federation, in which the application is submitted, and its address;
2. A charter of a citizen indicates: last name, name, patronymic, details of a document certifying personality, place of residence or place of stay, taxpayer identification number (if available);
3. The recoverer organization indicates: name, taxpayer identification number or foreign organization code, state registration number, place of state registration and legal address;
4. Details of the bank account of the charter to which the recovered cash should be transferred;
5. Name, number and date of issuance of the executive document, the name of the body that issued the executive document, as well as the name of the regulatory document, on the basis of which the executive document is issued, the size of the requirements.
Charger, as a rule, is known information about the debtor, who can help the bailiff of the executive in the commission of executive actions, and significantly reduce the execution date of the requirements contained in the executive document. We also recommend that they specify them in a statement about the initiation of enforcement proceedings. It can be:
· Telephone numbers of the debtor;
· Information about the place of work, debtor study;
· Information about real estate, vehicles, other property belonging to the debtor;
· Account information in banks or other credit institutions;
· Information about the receipt by the debtor of pensions, benefits, scholarships;
· Other information that will help establish contact with the debtor or find the property to be recovered.
Do not forget to indicate and your contact details (address to send correspondence, phone numbers, etc.), in order to in the event of the need, the bailiff has been able to contact you.
Applying and executive document into the territorial separation of the Federal Bailiff Service of the Russian Federation
The executive list and the application you can submit it personally directly to the Department of the Federal Bailiff Service, or you can send by mail, by registered mail with the notification and the description of the investment.
In accordance with Article 33 of the Federal Law "On Enforcement Proceedings" from 02.10.2007 No. 229-FZ Executive Document and the application are submitted by the recoverer at the place of execution and applying measures of compulsory execution.
If the debtor is a citizen, then the executive actions are committed by the bailiff of his residence, the place of stay or the location of his property. If the debtor is an organization, the executive actions are committed to its legal address, the location of its property or at the legal address of its representation or branch. If there are no information about the location of the debtor, or its property is absent, the executive actions are committed by the bailiff for the last famous place of residence or the place of stay of the debtor, or at the place of residence of the recoverer before establishing the location of the debtor, or his property.
If you do not know, which division of the Russian Federation is necessary to present an executive document, then you can take advantage of the right provided for by paragraph 4 of Art. 30 FZ "On Enforcement Proceedings" of 02.10.2007 No. 229-FZ, and send an executive document and an application for the initiation of enforcement proceedings to the territorial body of the Federal Bailiff Service, the main bailiff of the constituent entity of the Russian Federation. And already the main bailiff of the constituent entity of the Russian Federation will send these documents to the appropriate division of bailiffs within five days from the date of their receipt, and if the Executive document is subject to immediate execution - on the day of their receipt.
If you submit an application personally, directly to the territorial separation of the Russian FSSP of the Russian Federation, then you will definitely require an application mark on your instance that contains the following information:
· The date of acceptance of the application and the executive document;
· Position and data of the person who adopted a statement and executive document;
· Contact phone numbers for which you can call the bailiff.
Statement with a mark in accepting a statement will evidence The fact that you really presented an executive list to execution in the territorial department of the FSSP RF, and when you did it. We recommend when submitting any applications and petitions to leave a copy of the document with a mark on obtaining FSSP RF. Or, if there is no special urgency, send them by mail by registered letter with notification and the description of the investment, and save postage receipts, inventory and notifications. These actions help to avoid many disputes with judicial bailiffs, save the mass of time and strength. As the sad experience shows, the executive sheets may be lost both in the federal service of bailiffs.
Obtaining a decision on the initiation of enforcement proceedings or in refusal to initiate enforcement proceedings
After you filed an application and executive list to the territorial department of the FSSP of the Russian Federation, in accordance with paragraph 7 of Article 30 of the Federal Law "On Enforcement proceedings" of 02.10.2007 No. 229-FZ, within three days these documents must be transferred to the bailiff Contractor.
The bailiff within a three-day period from the date of receipt of the executive document to it makes a decree on the initiation of enforcement proceedings or to refuse to initiate enforcement proceedings. A copy of the decision on the initiation of enforcement proceedings no later than the day. following the day after the day of the specified ruling, directs the recoverer, the debtor, as well as to the court, another body or a job person who issued the executive document.
According to the general rules, the course of the deadlines begins the day after the calendar date or the occurrence of the event, which determined the beginning of the term. In this case, it is also necessary to take into account that in accordance with Article 15 of the Federal Law "On Enforcement Proceedings" from 02.10.2007 No. 229-FZ on time calculated by days, non-working days are not included.
From these provisions on the executive proceedings, it follows that the bailiff must initiate executive proceedings, or to make a decree on refusal to initiate enforcement proceedings, within 7 (seven) working days from the date of the executive document into the territorial separation of the Russian FSSP.
See also: Organization of accounting receivables and payables
We recommend to obtain a decree on the initiation of enforcement proceedings, or on refusal to initiate enforcement proceedings, personally, at the reception at the bailiff, and not wait for receiving documents by mail. You have the opportunity to control the observance of the deadlines established, and, if you violate them, you will be able to submit a complaint to the inaction of the bailiff. As the sad experience shows, the deadlines in the executive production are often not respected, and the enforcement proceedings can be initiated six months after the executive document.
Annex to the article:
Director of Consul Collector Agency LLC
Tsyganchenko Ivan Sergeevich
How to present an executive list by bailiffs
In which case must be executed through the bailiffs?
In all situations when your the debtor does not pay voluntarily And the execution through the bank or through the work of the debtor is either impossible, or was to no avail. There are cases when only bailiffs can enforce the decision. For example, according to the requirements of a non-property nature (evaluate the debtor from the room, oblige the debtor to convey some thing or perform some actions).
I also recommend submitting an executive list immediately bailiffs (bypassing the bank and work), if your debtor has a lot of debts on the bank of these executive processes. And they are not new (excited several months or years ago).
When you do not need to contact the bails?
- your debtor-organization is excluded from the register. Actually, in this case, you have no longer from whom - the founders and management of the company as a general rule are not responding to the debts of liquidated firm. Bailiffs, of course, will take a leaf and produce production, but soon it will be stopped;
- the debtor is recognized as bankrupt (for example, a competitive production has been introduced). In this case, the execution of court decisions is engaged in the appointed arbitration manager, and you need to declare the claims of the lender;
- the limitation period of the judicial act (3 years) has expired, and you do not have a court definition of the restoration of this term;
- your debtor is a budget organization or budget or treasury of the Russian Federation.
How to find out what attachment department to attract an executive list?
As a general rule, executive actions are committed at the place of residence or stay of the debtor-citizen, the legal address of the organization or its branch, representation, or the location of the property of the debtor. If the executive list is discharged to perform certain actions, it is executed at the place of these actions.
Open the executive list on the page with the debtor data, find its address and try to find the attachment department at this address through the service on the FSSP website. Sometimes he cannot determine the department. In this case, you can look at the bank of these executive processes. In which department is the majority of production in your debtor. You can also specify information by phone FSSP in the relevant city.
How to present an executive sheet bailiffs?
- Collect the package of documents.
- application for execution - 2 instances with personal feed, 1 instance when sending by mail. The statement is signed by a personally of the recoverer, director of the company or a representative by proxy;
- original executive list (make yourself a photocopy or scan);
- copy of passport (1 page and registration), bank account details - if you are a citizen;
- power of Attorney of the Representative - if a statement for execution will be signed by someone else;
- copies of documents confirming the existence of a debtor of some property, its place of work, information about its property position, etc. - if there. In the debtor-organization or IP you can make an extract from the register.
- Submit a package of documents to the selected departure department.
- with personal feed - to give the mark on your application instance;
- when sending by mail - to send a valuable letter with the description of the attachment and a notification of the presentation. Save mail receipt for sending, an inventory of attachments with a post stamp.
What will happen next?
- within 3 days from the date of delivery - your application and the executive list will give a specific bailiff;
- within 3 days from the date of receipt, the bailiff initiates executive production or make a definition of refusal to initiate enforcement proceedings;
- the decision to initiate is sent to you and the debtor;
- the debtor has 5 days from the date of receipt of the decision to fulfill the decision in a voluntary basis;
- if the debtor did not fulfill the decision for 5 days, the bailiffs begin to influence it forced measures.
How long can bailors charge money?
In part 1 of Article 36 of the FZ on the enforcement proceedings, it is encouraging:
In practice, alas, bailiffs can accumulate money from the debtor how long - no fixed period, and it all depends on the behavior and property of the debtor. If the debtor is solvent and executes the decision of the court immediately after receiving the ruling from the baits, the process of obtaining money may take about 1-2 months (taking into account the mileage of mail and the distribution of money to your account from the attachment department).
As you can influence the bailiffs and the debtor, in order to get money faster, I will tell next time.
Article from Odolgah.com. Debt recovery.
Show executive list
So, you have an executive list on your hands. It would seem that the case in court was won, the decision was made in your favor, now you can finally relax. The debtor's decision is obliged to fulfill the law, and there is nothing more to worry about ...
In fact, everything is not so simple. Practice shows that the overwhelming majority of debtors ignore judicial prescriptions and still does not take any active actions in order to return debts.
In addition, after receiving an executive list, there is no separation when the recoverer (that is, the party who won in court) does not know - where and what time it is necessary to present an executive list. And here there is from what to go into confusion: in court, as a rule, do not give detailed information, limited by the phrase: "Now go to the attachments" or send to lawyers. And what if it is not possible to seek help in legal advice? I propose to understand everything yourself.
Duration of the executive list
As a general rule, the deadline for the execution of the execution to execute is three years (Art. 21 FZ "On Enforcement Proceedings"). However, the law provides for a number of exceptions:
If the executive list is missing
Materials on the topic
You talked about the procedure for issuing executive sheets
Imagine the situation when the recovere decision makes the decision to present an executive list to execution, but from the moment of making a court decision, and, accordingly, from the date of the issuance of the executive list for more than three years. It turns out that he loses the right to give the progress of enforcement proceedings? Not necessary. First of all, you should contact the court that issued an executive document, with a statement about restoring the missed deadline, where it should be indicated by which reasons this period was missed. If the Court deems the cause of the skipping (for example, a recovery disease, departure, etc.) missed time can be restored.
See also: How to sell an apartment with divided payments
Who will help?
The law of the obligation to enforce the judicial acts is entrusted to the federal bailiff service, in particular, on the bailiffs of the executivers (Art. 5 of the Federal Law "On Enforcement Proceedings". Art. 12 FZ "On the bailiff").
It is the bailiffs that possessing a fairly wide range of powers, are obliged to provide full and timely execution of court decisions.
What service to contact?
Since the federal bailiff service has a rather branched structure (so, it includes the territorial bodies of the FSSP of the subjects of the Russian Federation, which, in turn, are divided into district, interdistrict and specialized departments), a natural question arises: and in which territorial unit should be treated recording?
The legislative issue is resolved as follows:
Executive Sheet Rules
Executively production is initiated on the basis of the statement of the recoverer.
Its sample is usually hanging on an information booth in each SSM.
For example, it may look like this:
In the bailiff service ____________
The judicial protection of rights and freedoms is guaranteed by the Constitution of the Russian Federation to every citizen of our country. But often, facing their violation, we are on this with a hand, not deciding to apply to the court. And the reasons for that mass: someone fears the judicial grip, someone is confident in the high cost of the trial, someone simply does not know where to start. About how competently to defend his interests in court and not to become a victim of a court arbitrariness, it will be discussed in my column.
Good day. Question on the new law on SRO. Our enterprise LLC RAnet Energo performs the work of 2 types: 1) on the design and installation of wastewater accounting nodes; 2) on the design and installation of the assemblies of heat energy and heat.
Executive list - issuance by the court and deadlines for the recovery of debt
Without finding a compromise in any form, the arguing parties resort to the court with the hope of finding the permission of their problem. To defend its own interests in the courts - it was half a right, the most important thing is to ensure that the decision has been fulfilled the loser's party. For this, a special document is issued, called the executive list, where the debtor is indicated on the basis of the decision on the execution of the decision. In the photo you can see how the sample Il looks like.
What is an executive list
Documents that are based on the court decision, and sometimes another competent authority are executive sheets. They are issued in civil cases or administrative offenses. They contain details of the body issued. In addition, information on the opposing parties is reflected there (obligated and eligible person). This is the official paper that decides to pay matters with one participant in the trial to another.
Types of executive sheets
According to the internal content of the IL differentiating into 2 groups and depend on the type of recovery. Types of deductions on the executive list:
- property. Contain information about the recovery of money. This is the most common type of documents with a resolution of one person to pay the amount established by the court in favor of the second person, and there is no difference, the organization is or an individual.
- non-property. Decide to make either there are no designated actions, for example, transfer the garage to another person or restore a person at the previous work.
Where to get an executive list by court decision
Obtaining the IL to the recoverer is carried out on the day of the decree in its strength. As a rule, after 10 days, as it was the announcement of the decree, the executive list was issued in a civil case, because during this time the victim still can appeal the decision in court, submitting an appeal. In practice, sometimes you have to wait longer, before picking a certified document. Ilter is issued in a single copy, but if a decision is made in favor of a not one of the recorder, then the number of documents is directly in proportion to their number.
How to get an executive list by court decision
There are 2 ways to issue. The executive list is issued to bailiffs. If the zip does not execute the assigned prescription, the plaintiff has the reason to ask to give it to him. A circulation is drawn up in an arbitrary hand form, for which it is necessary to have a court ruling. In the header indicate the details of the court, the number of the ruling and its own (surname, initials, address of the residence), then set out the request. The application is signed and the date is affixed.
In addition, you can always request a duplicate if the original for certain reasons was lost. A statement is drawn up in a similar way, following the exception, it is a request to issue a duplicate and the cause of the level of origin. It is necessary to make a confirmation indicating the original wasting. For the issued sheet, there is no need to pay, because the state duty is not held for it.
What to do with an actuator list from the court
The judicial authorities are not issued by the instruction where to go with the executive list from the court. There are a number of methods that the recovery can use to obtain funds due. More often, citizens resort to the services of performers. It is necessary to choose the service posted on the territory of the debtor, or to the organization at the localization site of the obligated property.
It is allowed to act and independently:
- send an application to the banking institution while there is an arid account there;
- contact at the place of receipt of the obligated face of income if the amount is not higher than 25,000 rubles;
- resort to help collector agencies.
The presentation of the executive list to the bailiff service
Together with a compiled statement about the execution of the court decision, it is necessary to come to the reception to attracting bailies. After the executive list was submitted to the bailiff service, production is initiated within 3 days and its implementation begins to recover from the debtor due. Otherwise, the service is required to return the paper and transfer the refusal where the reasons for the impossibility of execution of responsibilities will be justified. A copy of the decision is obliged to be brought by both sides of the conflict.
How bailiffs work on the executive list
Having adopted a positive decision on the enforcement proceedings, the work of bailiffs on the executive list begins. They begin to fulfill the judgment of the court, for example, to evict a person with the occupied housing. If you need to recover funds from the debtor, then employees of the service are beginning to be interested in and send requests to all sorts of services and registries, where you can get information about the debtor's finservice. In the absence of money, the property arrest is the obligated person in order to implement it and receiving money.
6. If it is necessary to commit separate executive actions and (or) the use of individual measures of compulsory execution on the territory on which the powers of the bailiff do not apply to the relevant bailiff of the executor to make executive actions and (or) to apply the measures of compulsory execution. The order is issued by the decision of the bailiff in accordance with Article 14 of this Federal Law and is approved by the Senior Bakeup. At the specified decision by the bailiff, to which it was received, enforcement proceedings are initiated in compliance with the requirements of Article 30 of this Federal Law. At the time of the execution of the order, the main executive production can be suspended.
If the bailiff knows the place of work of the debtor
Debt liabilities in modern society occur very often. It can be both credit borrowers and citizens who do not want to list the alimony to their children. Often you can face a situation where the non-payer does not want to fulfill his duties and hides its income. In such a situation, the recovery of payments will occur with the direct participation of bailiffs.
What can take a bailiff for debts
Executive sheet - it is necessary to understand that the bailiff begins to search for the debtor and all his property only after receiving the executive list and the beginning of the enforcement proceedings. The whole procedure can start only following the results of the trial and court decision, which entered into force.
Arrest invoice in another city
In accordance with the Enforcement Act, the executive actions and measures of compulsory execution against civilians are applied by the bailiff of their place of residence, the place of stay or location of their property.
Can bailiffs arrest my salary in another region
You cannot be spelled out in any apartment and a residential building, since in Russia for more than 16 years there is no registration, which was canceled almost immediately with the collapse of the USSR. Law No. 5242-1 of 26.06.1993 "On the right of citizens to freedom of movement, the choice of a place of stay and residence within the Russian Federation" Instead of the registration record (registration) for citizens of the Russian Federation in residential Premises at the place of their stay (this is temporary registration) and at the place of their residence (this is permanent registration).
Debtor in another region
Moving the debtor to another city should not be an obstacle to debt collection. If there is reliable information about the new place of residence of the debtor - inform its bailiffs, they must check it out and redirect the enforcement proceedings to another territorial department of the bailiffs.
Could backed funds stored in Sberbank in another region
That is, if the executive production was initiated at the location of the debtor (which is usually happening), then the abillment acts in the dove of the debtor, so that the executive actions occur at the location of the property, the foundations and a whole procedure are needed:
How bailiffs are looking for debtors and when they cease to look for them
The right to independently look for the property of debtors bailiffs has always been endowed, and since 2012 they have already received the right to seek the debtors themselves. To resort to search actions against defaulters and their property, bailiffs can also apply for a campaign person, and on their own initiative.
Property arrest: what can and that the bailiffs cannot take
Bailiffs are usually not even trying to find out where money comes from the debtor's card. Therefore, in most cases, the entire amount available to the owl person is written off, which can sometimes exceed the debt itself. In such situations, the debtor must contact the FSSP office and write a request to return part of the funds (the return procedure can last several days, then the money will come to the arrested account).
9. The main bailiff of the Russian Federation or the main bailiff of the subject (the main bailiff of the subjects) of the Russian Federation in order to more complete and properly implement the enforcement proceedings are entitled to convey enforcement proceedings from one division of bailiffs to another (including at the execution stage) What an appropriate ruling is made. The ruling of the chief bailiff of the Russian Federation or the main bailiff of the subject (the main bailiff of the subjects) of the Russian Federation on the transfer of enforcement proceedings from one division of bailiffs to another no later than the day following the day of his submission, is sent to the relevant chief judicial bailiffs of the constituent entities of the Russian Federation and senior bailiffs. The main bailiff of the subject (the main bailiff of the subjects) of the Russian Federation, the senior bailiff, having received the said decree, no later than the day following the day of its receipt, organize the transfer of enforcement proceedings to another division of bailiffs in the manner prescribed by parts 7 - 7.2 of this article .
Bailiffs will recognize the place of work of the debtor
Important: For a person who is a debtor, it is usually pointless to hide its location or place of work. To find manwhich is tied to the current system, just enough. And for all the time, until he shy away from payments in its own debts, it will grow penalties (fines, penalties). The state duties are always added to the amount of debt, which pays the recoverer when contacting the court to debtor.. For example, the lender can be submitted to court, waiting for a certain period of debt. This means that the duty in the debt will be the multiple number of appeals to the judiciary.
Legal consultation in Yekaterinburg
That's all the measures of state recovery and debt coercion. Here I do not mention the right of the bailiff to accrue the executive fee of 7% of the recovered debt, since if the debtor and the mainst thing was not returned, then these 7%, internally, for him - as for the Elephant of Drobin. The lender is entitled to recover also a penalty for an overdue debt return and indexation; But again, due to the irrevocate of the principal amount, this penalty loses its punishment (for the debtor) and the enrichment (for the creditor) properties.
If the debtor pays whenever possible to do
Such deadlines are provided by Russian legislation only for the presentation of executive sheets to the execution, which in your case has already been done. The baits, after a certain period of time, can make a decision on the termination of the enforcement proceedings due to the impossibility of recovery, but, as a rule, all the necessary measures to recover the debt them have already been adopted - all requests in the organization have been sent and received answers to them, Arrested accounts, etc.
How is the search for the debtor
- The debtor's connections are established at home address. For example, the borrower is registered with relatives who had previously taken a bank loan. Their questionnaires are displayed in the database, together with all information. All phones are also nicknamed and find out where the debtor.
- Install connected persons at the working address. Complete colleagues and find out information. Does man work at the moment or not? Where can I find it?
Whether the bailiff can find the debtor in another region and what it will continue to do
- If the debtor lives on the territory on which the powers of a particular bailiff extends, in this case the executive production continues. The same applies to the detection of the property of the debtor. Well, you understand that the powers of the bailiff are limited to the administrative division of the city to the areas, areas on areas, cities among themselves and so on.
- In the event that the ability established that the debtor lives outside of its territorial authority, then the addition to the executive proceedings to the other department of bailiffs, and specifically, to the district or the city in which the debtor was detected or his property was discovered.
Federal law of 28.12.2013 N 441-FZ) 4. The executive fee for non-payment of periodic payments is calculated and charged with the sum of each debt separately. 5. The executive fee is not charged in cases where the executive production is initiated: 1) under the executive document received in the manner prescribed by part 6 of Article 33 of this Federal Law; 2) when re-presenting to the execution of the executive document, according to which the decision of the bailiff for the recovery of the fulfillment of the execution was issued and was not canceled; 3) according to the decree of the bailiff on the recovery of expenses for the commission of the executive actions and the executional collection imposed by the bailiff in the process of executing the executive document; (as amended by Federal Law of 18.07.2011 N 225-FZ) (see
The order and size of the recovery of the executive fee on the recovery of the executive fee of the bailiff makes a decree, which is approved by the senior bailiff. The size of such a fee is determined by the amount of the amount or value of the property bound to the debtor and is 7%, but not less than 1,000 rubles. from an individual and 10,000 rubles. from legal. If the requirement of the recovery is non-property, the size of the performing collection will be 5,000 rubles.
and 50,000 rubles. respectively. If several debtors are involved in the enforcement proceedings, the performance fee is established for each of them, and if we are talking about periodic payments (for example, alimony), the performance fee is established for each case of delay in the fulfillment of the obligation in accordance with the amount of debt.
Blog and practice
Attention
These include:
- natural disasters;
- military actions;
- mass riots.
What is interesting is the debtor's disease to the category of force majeure does not apply. But if you have documents confirming that health condition did not allow you to pay for you, you can submit a lawsuit on exemption from the actuator. Important! If the court is established by an installment on the payment of the principal debt, a citizen for the entire period of installments is completely exempt from the persecution of bailiffs.
Including the penalty collection to him no rights. In addition, the reason for refusal to pay a collection can be the difficult financial situation of the debtor. Naturally, it must also be confirmed documented.
How to reduce or cancel the performing fee?
Also as evidence, written testimony of witnesses can be used. Situations exempted from the collection according to the Federal Law "On Enforcement Proceedings", the penalty collection cannot be made twice in the same actuator. In other words, more than once on a specific debt case, a citizen should not pay it.
In addition, the following situations are released from collection:
- judicial acts on interim measures;
- resolutions requiring compensation for costs of bailiffs;
- decisions on the expulsion of stateless persons outside the Russian Federation;
- child search requests;
- executive documents establishing for the debtor the obligation of forced work.
Important! If one of the listed affairs was made a decision on the recovery of penalties, the citizen has the right to challenge him through the court.
How to cancel the executive collection of bailiffs
Decision Decision on the recovery of the fulfillment contains all the necessary information: the name of the bailiffs, information on the remedy, details for payment, the procedure for appeal. It is made in the event that the debtor for a voluntary period did not fulfill the requirements on the executive list. By law, it should be informed in writing about the decision.
In practice, unfortunately, it is often disturbed. Conditions should be two conditions for which decisions are made to collect the fulfillment of the fulfillment:
- Failing the executive document on time.
- The lack of evidence of the impossibility of execution.
Voluntary fulfillment of the requirements of the performance fee may not be appointed if the debtor voluntarily fulfilled the requirements for the filter.
Desktop Book of Judicial Bailiff
This means that it is useless to contact the elder attachment to the legal document itself. Of course, illegal actions or inaction of higher authorities will be considered, but the decisions have not been canceled. Therefore, to appeal the document for the obligation to pay the fulfillment of the executive collection only in court.
Important
How to reduce the size of the collection by a legitimate way can be reduced by the amount. There may be several grounds for this:
- The debtor redeemed a part of the debt after a court decision, but before the initiation of the case on the executive list.
- The debtor redeemed a part of the debt during the period of voluntary repayment.
- By the tribunal's decision.
The court has the right to reduce the size of the collection. To do this, it will be necessary to prove that they had a reason that prevented the debt in time.
For example, severe disease, injury. It is important to know that the debtor is obliged to pay immediately after treatment.
Performing
The presence of such a type of compulsory payment in the legislation of the Russian Federation, due to the desire to reduce the cost of the maintenance of the apparatus of the enforcement of judicial and other decisions by initiating the debtor to voluntarily satisfy the requirements of the charter. The excitement of the enforcement proceedings of the received executive leaf leads to the obligation of the bailiff to notify the debtor that it is obliged to take action on the execution of the requirements contained in such a document, and establishes the period during which such actions must be made (usually 5 days). If the execution of the court decision is assumed to be immediate, such a term will be the only day (after receiving the decision).
The executive fee is a sanction for violation of such requirements charged from the debtor in favor of the state budget.
Article 112. Executive Collection
It should be understood that this applies only to the court decisions that were received for the first time towards the bailies. What does it mean? The fact is that according to the law, the executive list will be returned to the creditor, if the debtor physically does not have a property that can be recovered. However, this does not mean that the first there is no possibility for re-circulation.
In this case, the executive collection will definitely be appointed. For voluntary execution, 5 days are given. During this time, the debtor can fulfill the requirements of the court and avoid additional costs. Weekends and festive are not taken into account. You also need to know that the debtor is obliged to properly notify about the executive list in one of the following ways:
- Personal departure.
- SMS, phone.
- Postal correspondence with notification.
If the debtor refused to accept a registered letter, then it will not help him avoid sanctions.
Do I need to pay the performing gathering?
The decision of the bailiff on the recovery of the fulfillment is approved by the senior bailiff. (as amended by the Federal Law of July 18, 2011 No. 225-FZ) (see the text in the previous edition) 3. The executive fee is established in the amount of seven percent of the amount to be recovered or the value of the recoverable property, but at least one thousand rubles from the debtor Citizen or debtor - an individual entrepreneur and ten thousand rubles from the debtor-organization.
In case of non-fulfillment of the executive document of the non-property, the executive fee from the debtor-citizen or the debtor is an individual entrepreneur in the amount of five thousand rubles, from the debtor-organization - fifty thousand rubles. (Part 3 as amended by Federal Law of December 28, 2013 N 441-FZ) (see text in the previous edition) 3.1.
The procedure for determining the executive collection The legislation on enforcement proceedings describes the procedure for establishing an executive collection as follows:
- citizen on the court is determined by the obligation to pay off his debts at a certain period;
- in case of inaction, the citizen is transferred to the bailiffs;
- the abillment makes a decision to recover the debt;
- the decision is awarded to the debtor personally, the FSSP officer either goes by mail;
- if within 5 days from the date of receipt of the document, the citizen did not pay for the debt, it additionally superimposed the obligation to pay the executive fee.
An example of the ruling bailiff for the recovery of an executive collection If at least one of the described stages will be recorded any violation, the obligation to pay the fee can be challenged.
The bailiff is not charged by the executive fee, if: - enforcement proceedings initiated by the bailiff and the executive list transferred on behalf of the implementation of individual executive actions to the continuing territory; - the executive document was presented again, and the decision was already issued and was not canceled and the decision on the recovery of the fulfillment of the execution; - executive proceedings on the recovery of exercise costs and actually executive fees; - A judicial act on the use of interim measures was received to the lawsuit; - on the administrative expulsion of foreign citizens, on mandatory work; - Request a child's search.
Is the bailiff obliged to submit to the court to recover an executive collection
The debtor is entitled in the manner prescribed by this Federal Law, to apply to the court with a statement about challenging the decision of the bailiff on the recovery of the fulfillment of the execution, with a claim for a delay or installment of its recovery, to reduce its size or exemption from the recovery of the fulfillment. 7. The Court has the right to consider the degree of guilt of the debtor in non-fulfillment of the executive document, the property position of the debtor, other significant circumstances to delay or install the recovery of the fulfillment of the fulfillment, as well as reduce its size, but not more than one quarter of the size established in accordance with Part 3 of this article. In the absence of the foundations established by the Civil Code of the Russian Federation for violation of the obligation, the court has the right to release the debtor from the recovery of the fulfillment. eight.