How to get a writ of execution by court order? The question seems to be not the most difficult, but difficulties constantly arise with it.
Why do you need a writ of execution
Turning to the court, citizens want to achieve a certain result. Unfortunately, making a positive decision does not mean that it will be automatically executed. And because of the defendant’s unwillingness to obey, he voluntarily has to turn to the bailiffs.
Enforcement proceedings are opened on the basis of a writ of execution from the court.
In cases involving the recovery of budget funds, it is necessary to file a copy of the decision.
Citizens are surprised and annoyed by the need to obtain an interim document, but nonetheless, without it, the bailiff will not start his work.
Legislative regulation
The topic "How to get a writ of execution by a court decision" continues to be relevant. To understand it, we turn to several laws.
We are talking about the procedural codes, with the exception of the Code of Criminal Procedure, and the law “On Enforcement Proceedings”.
The latest regulation either copies the provisions of the codes or is an extended version of them. And there is no contradiction between them.
International treaties, on the basis of which international courts operate, make their share of regulation. Their acts in Russia are executed subject to approval by the Russian justice authorities. In particular, this happens with the ECHR. His documents are just one of the grounds for reviewing cases in our country. The mere decision of a foreign court to begin enforcement proceedings is not enough.
However, international law may also provide for a direct enforcement procedure, without the participation of national courts.
Before asking a question: how to get a writ of execution by a court of international status, you need to find out if its competence extends to Russia, and if so, is it mandatory to apply to a Russian court.
What court documents are enforceable
Who should know how to get a writ of execution by a court decision:
- holders of a document under the same name;
- holders of a ruling on a settlement or copyright.
Regarding the court order: it is itself an executive document.
The legislation establishes a closed list of decisions that are executed by bailiffs.
Where to go
According to Art. 428 Code of Civil Procedure of the Russian Federation, it is issued by the same court that issued or changed the decision. Not the fact that you have to contact the institution that served as the first instance in the case.
Order of receipt
In 2015, the law was slightly adjusted. In particular, now the participants in the civil process have the right to request that the court directly send the sheet to the FSSP. Previously, such a system existed only in the arbitration system.
Despite the opinion of some lawyers about the sufficiency of the oral statement, it must be stated in writing. The judge then will not have a formal obligation to directly transfer the list to the bailiffs.
There remains the previously available method of obtaining a writ of execution.
The requester sends a statement to the court on his extradition. Then you need to go to the bailiffs and write a statement again, this time about the opening of enforcement proceedings. An integral application is a writ of execution.
After some time, the bailiff will send all interested parties a copy of the decision to begin work on the production.
How is the writ of execution issued
A sample application for the issuance of a writ of execution is available at the reception or clerk of the court. Now the practice of publishing documents on the Internet is common. She did not pass and state organizations. Courts are no exception in this regard. The level of filling judicial online resources and the quality of the proposed documents is different.
Whatever option is offered, the difference between them is not significant. Minimum list of items:
- name of the court, name of the chairman (application is submitted in his name);
- name of the organization or name of the participant in the process;
- information about the defendant (they can be indicated already in the text of the statement);
- a request to issue a sheet, indicate the number of the case, the essence of the decision (to recover a certain amount from a certain person);
- author's signature and date of sending the document.
Other information may also be indicated in the application.
People with experience with documents, it is enough to use the first proposed sample application for the issuance of a writ of execution. If there is no such experience, and drawing up even simple documents is difficult, then they turn to a lawyer.
Date of issue of writ of execution
The timeframe for initiating enforcement proceedings is limited to a 3-year period after the acquisition of force by a judicial decision. The applicant must meet the allotted time. The law gives enough time to get a writ of execution and go to the bailiffs. If, however, the deadline for the execution of the decision is missed, then it shall be restored by the court.
The recoverer is obliged to prove that his inaction is caused by good reasons.
There is a dilemma: is there a deadline for issuing a writ of execution? Some court decisions are subject to immediate execution, and sheets on them are issued immediately.
A document for the execution of the decision on the protection of copyright is issued no later than the day after the adoption of the judicial act.
Despite the fact that in Art. 428 Code of Civil Procedure of the Russian Federation almost nothing is said about the terms of extradition, the internal regulations of the courts provide for a month period, unless, of course, the laws have a different rule.
Despite the controversy of this approach, it takes place.
How things are in arbitration courts
After amendments to the law, the procedure for issuing a writ of arbitration is similar to that in the general court. A significant difference remains in the e-justice system. Using it, citizens have the opportunity to order a sheet and ask to send it for execution without visiting the institution. In general courts, e-justice works much worse, and people prefer or are forced to act out of habit.
Getting a copy
The first time the sheet is drawn up at the request of the interested party. If the time for the opening of the enforcement proceedings is missed and the original document is lost, an application for the restoration of the deadline and the issuance of a duplicate is submitted.
A copy of the writ of execution shall be issued subject to the loss of the original document by the bailiff or representative of the claimant. If the execution deadline is due to their fault, the recoverer has a month to go to court to receive a duplicate from the moment he becomes aware of everything.
In any case, whether or not to issue it is decided at the hearing. The fact of the loss of the sheet must be documented. A private complaint is filed for a negative decision. It is given 15 days from the date of announcement of the determination.