Many citizens of our state are interested in the question of what actions should be carried out after they receive a writ of execution in their hands. What to do next and where to apply with this document in order to receive the amount due to them by decision of the judicial authority? In this situation, the surest solution to this issue would be to send a writ of execution to the bailiffs service or to the bank where the debtor's accounts are located. In some cases, for example, when it comes to the payment of funds for the maintenance of children, many women prefer to immediately transfer the specified document to the place of work of the father, who is obliged to transfer child support. Read more about all this in this article.
A little about the main thing
The entry into force of a decision of a judicial authority always ends with the fact that the plaintiff who wins the process receives a writ of execution in his hands. What to do next in such a situation, the collector most often simply does not know. After all, the struggle for obtaining cash or property does not end here, but only just begins.
Well, if the defendant is a working and well-to-do person, has an apartment, a car, a cottage and other real estate. But what if the debtor is not officially employed anywhere and there is simply nothing to recover from it? In this situation, it is simply impossible to do without the help of the bailiff service, but even these officials can not always influence a person and make him pay off his debt.
Alimony
In this case, the decision of the judicial authority takes effect immediately. After all, here we are talking about protecting the interests of minors, who are entitled to receive material assistance from both parents until they are 18 years old. On the same or the next day, the legal representative of the child (most often the mother) receives a writ of execution in his hands. What to do next, the parent of the baby in some cases also does not know. If the second parent of the child is working, then the recoverer may refer this document directly to the accounting department at the debtor's place of work. In the case when people do not live together for a long time, and the mother of the child does not know where her ex-husband is, it is best to send a writ of execution to the bailiffs. Of course, this will take more time, but, nevertheless, it will be much more productive than independent searches of the defendant.
There are also frequent situations when a parent of a child who has information that the ex-spouse has accounts with a banking organization applies to the bank after receiving a writ of support for child support. What to do next if there is no positive response from employees here? It is best to contact the bailiffs. They will make inquiries at all instances and will find all debtor accounts and property, if any, at their own discretion.
Accounting work
According to the law, a recoverer who knows about the place of work of the debtor can independently transfer the document there after he receives the writ of execution in his hands. What to do next to the accountant in this case? First of all, the employee of the organization should carefully study the document, and if everything is correctly written and the debtor really works in this organization, take the writ of execution and put it in a safe deposit box. In addition, the collector is obliged to write a statement and attach his details for the transfer of funds. This is done when the plaintiff independently handles a document at the debtor's place of work.
If the bailiff sends the writ of execution, then the accountant after receiving it must send the latter confirmation that he received the papers sent. This is done within three days.
It should also be noted that no more than 50% is recovered from the debtor's income to pay off the debt. This rule also applies to payments for maintenance obligations. After all, the debtor is the same person, and he needs to live on something.
Where to direct
The judicial authority issued the plaintiff a writ of execution in his hands. What to do next, if the collector does not know where the debtor works, in which bank the accounts of the latter are located and whether he has them at all? Lawyers advise in this case not to hesitate and contact the bailiffs immediately. But there is one caveat. An executive document must be sent only to that department of the bailiff service, which operates in the territory where the defendant resides. As a rule, the address of the debtor can be found in the statement of claim; it is also always indicated on the sheet itself.
If the recoverer does not have time to visit the bailiff department, it is best to seek the help of a competent lawyer. There is another option - to send an executive document to the bailiff service by mail. In this case, you need:
- write a statement (in free form);
- attach a copy of bank details for the transfer of amounts;
- attach a writ of execution to the package of documents.
You need to send a letter with a description of the attachment. Then, most likely, none of the attached documents will be lost.
Do not put off until later
As mentioned earlier, not all citizens know what actions need to be taken after receiving a writ of execution in their hands. What to do next, so as not to delay with time and faster get your "hard" money or property?
First of all, the recoverer should not forget that this document has its expiration date. In other words, if the sheet is presented for execution after a given period of time, then the bailiff will return it back. For example, if it is a matter of collecting accounts payable, the bank must transfer the document to the service no later than three years after its receipt. At the same time, the child support order will be valid until the child becomes an adult. And even when the latter is 18 years old, his mother will be able to recover money from his father for the maintenance of the child over the past three years.
Responder Actions
First of all, he can appeal the decision of the judicial authority until the moment it has entered into force. If this did not happen, then he cannot avoid compulsory debt collection. This is especially true in cases where the defendant simply refuses to voluntarily transfer funds to the claimant, despite the fact that he has the financial ability to do so.
In such a situation, bailiffs, as a rule, send requests to all services (traffic police, Rosreestr, tax, banks) and receive answers. If no property belongs to the debtor, and it is simply necessary to execute the court decision, then civil servants proceed to the last stage of their actions and seize the property at the place of residence of the defendant. He will be able to return his household items only through a court of law or after paying off the debt. Also, the latter will not be able to leave the borders of his state.
Therefore, many debtors prefer to pay cash to the claimant voluntarily, because the plaintiff has already received a writ of execution. What to do next to the defendant if the other side of the production refuses to contact him and transfers the document to the bailiffs or at the place of work? In this case, you just need to pay the debt in installments, and make sure that the accounting department timely deducts from the salary and transfers it to the collector.
Dispute between organizations
Always permitted only in arbitration. A decision is made and the representative of the organization (the recoverer) receives a writ of execution in his hands. What to do next? When considering a claim, the arbitral tribunal always provides the parties with an opportunity to conclude the case peacefully; when making a decision, it also recalls the terms of appeal. The recoverer, after the decision takes effect, directs it to the bailiffs, and they are already working with another debtor company.
Most often, such disputes occur between government agencies that provide the population with heat, water, electricity and management campaigns.
Debt to the bank
Currently, not all borrowers are trying to pay off the loan taken earlier. This may be due to both a deterioration in the financial situation, and a simple reluctance to repay the debt to the bank. In this case, the credit institution is forced to seek help from the judiciary. After the decision is entered into force, the claimant receives a writ of execution in his hands. What to do next? The Bank as a credit institution transfers the document to the bailiffs through its representative. In this case, the debtor will be forced to transfer funds for a previously taken loan.