With the help of a court order, it is most efficient to resolve disputes of a legal nature through the court, since this type of document is issued and executed faster than the decision that was made at the meeting. The parties to the case need to understand what kind of paper it is and how to get it.
What is an executive document
Executive document - paper to be issued by the court after the entry into force of the decision. Without this document, it is impossible to initiate proceedings to collect debt from the defendant.
Executive actions are a direct continuation of the trial if the debtor does not comply with the requirements specified in the decision on a voluntary basis. The executive document should indicate how much the defendant should pay to the claimant (or what actions to take).
Only the plaintiff or his representative can submit an application for a judicial act with a writ of execution. After that, he independently or through the court sends the paper for execution to the bailiff department.
Types of Executive Documents
Article 12 of the Federal Law establishing the procedure for enforcement proceedings indicates the following types of enforcement documents:
- A writ of execution issued by a court of general jurisdiction after the entry into force of the decision.
- The court order.
- An agreement concluded between the parties to a case, approved by a judge or notary.
- The certificate issued by the commission considering labor disputes.
- The act, which is drawn up by the head of the Pension Fund or Social Insurance Fund, if it is related to the collection of monetary debts from a citizen (for example, from an individual entrepreneur who carries out his work without opening bank accounts).
- Acts of control bodies with data on the accounts of the debtor, if there is not enough money for them to satisfy the requirements of the collector.
- Act of a judge or official in an administrative offense case.
- Order of the bailiff.
- An act of another body authorized to issue binding decisions.
- Executive notary inscription.
- Executive type document issued by a foreign state for collection in the territory of the Russian Federation within the framework of the international agreement.
This list may be supplemented by issuing legislative acts.
The court order as an executive document
For a quick and effective enforcement of a court decision, it is necessary that the order is properly executed and contains all the necessary information. The following information should be indicated in the document:
- the name and location of the authority issuing the document, as well as the name, surname and patronymic of the judge;
- the number and name of the case in which the collection is carried out;
- date of issue of the order;
- the moment the document comes into force (or an indication of its immediate execution);
- data about the plaintiff and defendant.
Since the order is both a court decision and a writ of execution, there is no need to indicate the operative part of the decision (a sample court order is presented below).
In the absence of at least one of the indicated items in the document, it shall not be executed until the judge makes the corresponding corrections. If you submit an improperly executed document to the bailiff department, the applicant will be refused to initiate proceedings.
In this regard, the plaintiff, upon receipt of the final decision, it is best to read it carefully, since the presence of any error or typo will lead to the refusal to recover the bailiff.
Basic requirements for the order
In order for the recoverer not to return the court order as inconsistent with the established requirements, he needs to carefully study the acts governing the peculiarities of the design and issuance of this paper:
- The executive document must be drawn up in accordance with the requirements of regulatory legal acts, which are indicated in the 13th article of the law in question.
- The order must have a note that it is an executive document.
An important feature of the order is that it cannot contain other requirements than financial ones.
These rules allow the applicant to shorten the start of enforcement proceedings. At the same time, their non-compliance gives the defendant the opportunity to appeal the decision made by the justice of the peace or to achieve the annulment of the court order.
Types of Litigation
The issuance of a court order by a court takes place in the following cases:
- the presence of obligations to pay alimony;
- debts on state fees or taxes;
- unsecured loans.
Collection in a simplified manner in such cases is carried out in connection with the need for the speediest collection of debt from the defendant. In addition, judicial orders are issued in such cases, if all the circumstances of the case are clear, have no difficulties, and the defendant does not object to a decision.
The execution of the order is carried out in the same manner as other types of executive documents. If the requirements specified in the act issued by the court are not implemented, all entities responsible for non-compliance are responsible for this.
Statute of limitations by order
An application for a court order and its execution must be submitted within the time limits established by law. If these terms are missed, the document loses its legal force.
If the time period is calculated in years, its end falls on the last day of the month specified in the order, after a certain number of years. If the term is calculated in months, its end coincides with the same date, but in a different month.
Russian law establishes two types of statutes of limitations: special and general. The general term for civil law is set for three years. The special period is determined by law or by court (for example, by specifying a specific date). In some situations, there is an immediate enforcement of a judge's decision (for example, in the collection of alimony).
If the statute of limitations has been missed for valid reasons, the specified party must prove this fact by submitting an application for the restoration of the term with the necessary supporting documents.
Stages of execution
The foreclosure order is executed in six stages:
- Adjudication.
- Awaiting written objections from a second party.
- Sending an order for execution to the bailiff department at the place of registration of the debtor.
- A bailiff decides to institute enforcement proceedings.
- A FSSP employee visiting the debtor's place of residence to assess his financial situation, checking his accounts with banking organizations.
- Debt collection in compulsory form by seizing accounts or property. In some cases, debtors themselves bring the indicated amounts.
For voluntary payment of arrears, the defendant is given five calendar days. Otherwise, in addition to the amount of debt, a performance fee will also be charged from it.
Appeal of an order
In some cases, the defendant may appeal or even reverse the order. To do this, the interested party must file a written objection to the justice of the peace who examined the case.
Regardless of how motivated the defendant's complaint, the order is subject to cancellation. In this case, the plaintiff can file the same lawsuit, only to the relevant district court. The judge sets a 10-day time limit for filing objections. If the defendant managed to file a complaint, within three days the justice of the peace informs the parties about the cancellation of the decision.
If the deadline for filing objections was missed for valid reasons, the indicated party must prove this fact by filing an application for the restoration of the deadline with the necessary supporting documents. In cases where the said reasons are not recognized by the court as valid, the order remains valid.
Duration of executive actions
Judicial orders of justices of the peace should be executed as soon as possible. At the same time, the legislation does not indicate the exact framework for taking actions to collect debts due to the fact that all situations are different. And to determine the exact period is not possible.
Court orders very often cannot be executed in a short time. This is due to the fact that debtors often hide their place of work, available property and income. This is especially true for citizens who are debtors of maintenance obligations.
Due to the presence of various obstacles in respect of the recovery, collectors are asked to provide maximum assistance in reporting all known data about the debtor's place of work and residence.
Most often, if there is no information about the defendant for several consecutive months, the bailiff ends the enforcement proceedings by issuing the relevant decision. In this case, the applicant is entitled to re-submit the court order to the relevant department of the FSSP.
Actions carried out as part of the execution of the requirements of the order
After the judge receives an application for the issuance of a court order , the procedure for considering the case begins. If all submitted documents comply with legal standards, the evidence is reliable and there is no reason to refuse to make a positive decision, the judge issues an order.
If any of these requirements is not met, the justice of the peace may refuse to satisfy the claimant's application. If the decision is made, but the defendant filed an objection, it shall be set aside.
In cases where a court order has been enforced by the bailiff department, the debtor has two options: to voluntarily pay the established amounts or to expect a foreclosure. In a voluntary form, the defendant may transfer the specified amount to the bailiff or the exacting party leading the case.
If funds are not paid on a voluntary basis, the bailiffs will search for the property of the debtor and its funds. If they find movable or immovable things that may be seized, they shall be transferred to the plaintiff. If he does not need these items, the property is sold at auction, and the proceeds are transferred to the collector in payment of the debt.
If, after the sale of the property and the return of the money, the plaintiff has financial resources left, they are transferred, minus the performance fee, back to the debtor.
The size of the state duty for issuing a court order
To file an application for the issuance of an order by a justice of the peace, the plaintiff must pay the state fee in the amount established in article 333.19 of the Tax Code. According to the Code, half of the amount that should have been paid for the consideration of a similar case by a district court is necessary for a justice of the peace.
Tax legislation provides for cases of reduction in the amount of duty. Beneficiaries include pensioners, low-income people, etc.
If the statement of claim was returned by the justice of the peace because of insufficient evidence provided by the plaintiff, the applicant can return the fee (according to the provisions of Article 333.40). If the decision is canceled due to the defendant's objections, it is impossible to return the money.
The order of the justice of the peace is the most convenient and fastest option for the execution of the penalty. The main condition for issuing an order is the availability of documentary justification of the stated position and the absence of objections from the defendant.