The deadline for the execution of a court decision may be established by a judge if he takes into account circumstances that may affect the fulfillment of requirements. When the court does not indicate the time limits, they are regulated by the Civil Code of the Russian Federation in Article 210, which states that after the entry into force of judicial decisions, the process of implementation of decisions should begin. Which means you need to skip time for appeals, cassation appeals in accordance with the procedure established by law.
Immediate execution of decisions
There are some cases in the legal departments when the deadline for the execution of a court decision comes immediately after its announcement. This mainly relates to payments:
- child support;
- salaries;
- for causing harm to health;
- remuneration for royalties, research, development and discoveries.
If the court decided to reinstate the employee who was undeservedly dismissed, the employee must be reinstated immediately, otherwise the employer will be held accountable. In case of evasion of obligations, enforcement of judicial decisions with the appointment of enforcement proceedings will be applied.
What does enforcement mean?
The actions or omissions of some individuals that violate the rights of other citizens, allow government bodies to intervene at the legislative level. So that the court decision and the deadline were not violated, bailiff services were created for these actions.
They work under court orders. As soon as specialists receive documents, they immediately begin enforcement proceedings. Such activities are completed by signing the act of completion of the process.
Representation of the writ of execution
The judge after the decision at the meeting issues a writ of execution. From the date stated in the document, the deadline for the execution of the court decision begins. The paper immediately falls into the hands of the plaintiff, and he chooses to hand it over to the defendant so that he voluntarily fulfills the requirements indicated in the sheet, or send it to the bailiffs, they have all the powers and skills to effectively achieve the assignments.
In accordance with the law, these officials may:
- seize property;
- block bank accounts;
- withdraw money from debit cards.
Execute writ of execution according to legislative norms, indicating information regarding:
- persons involved in the case;
- volumes - according to advanced requirements in precise details for each item;
- periods - in what period the execution of the court decision should be completed.
When the court indicates the time to fulfill the requirements in the document, the judge does not reflect the consequences if the deadlines are violated.
How fast do you need to do everything?
According to general conditions, legislative standards and the calculation of the executive requirement, all items from the list must be satisfied within 2 months. The countdown begins as soon as production begins. Forced process must be completed in 15 days. If a decision is made on immediate execution, the document will be valid the next day.
For example, in the judicial execution of a court decision no one sets the deadlines for collecting child support, they will begin immediately. This means that they will be deducted from the salary from the day the writ of execution is issued. When the accountant receives a document for the work of the debtor, it is not known, but the calculator must pay off his debt, starting the procedure from the date indicated on the paper. More than 50% of the amount cannot be withdrawn, but gradually the debt will be paid off within such limits.
What time is not included in the accounting?
Bailiffs perform their duties within 2 months - execute the court verdict. But certain circumstances can prevent them from doing this and extend the set time. It is not included in the estimated time for the execution of the decision of the arbitral tribunal, periods of suspended or delayed enforcement measures, if the actions were committed in another area.
Do not count time intervals:
- Deferred production.
- If the appeal of the parties is recorded, in order to clarify the moments of the judicial conclusion, or the executive procedure has changed - until the bailiffs receive new documents.
- To attract experts who conduct the examination. The resumption of production will begin after a report or survey results.
- For the sale of confiscated property.
The enforcement procedure will not be terminated if, after the deadlines have been reached by the court or the law, enforcement measures have not led to anything. The right to assert the final enforceability is not only the bailiffs, but also the exactors. They can apply to the court with claims for collection within 3 years. The defendant, who after the court becomes the debtor, is given the opportunity to voluntarily fulfill the requirements without the intervention of the bailiffs.
Such a dispute resolution procedure has advantages:
- a conflict situation after a nervous situation with litigation will end sooner;
- bailiffs will not be in the house, seize and describe things;
- no need to pay for executive service.
The collection procedure has to be initiated. This means that participants need to submit an application, explain in it that they themselves are able to settle accounts with each other.