Debt on writ of execution: how to check, procedure and maturity

Often there are situations when parties that have obligations to each other cannot agree. Then, to resolve the dispute, you have to contact the court. If the decision is made in favor of the plaintiff, a writ of execution shall be issued to him, on the basis of which debt is subsequently recovered.

Where does it all begin

Debt on writ of execution is not a problem for one debtor. The lender is also worried about how to get his money back. In this regard, he has the right to demand the fulfillment of obligations to return the debt. If the debtor does not want to do this voluntarily, the creditor goes to court.

To win the lawsuit, you will have to spend a lot of time, effort, as well as money. But even after that, the case is not considered complete. Rather, on the contrary, the court is only the first step in collecting a debt. The rest depends on the work of executive bodies - bailiffs.

Upon receipt of the application, the bailiff performs a series of measures, which include the search for the debtor and the resources available to him, as well as the determination of measures to enforce debt collection. All of these actions are collectively called enforcement proceedings. The underlying documents are the executive documents that are issued by the court.

The basics of bailiffs

Bailiffs are the only court to enforce a court decision to enforce debt collection. Self-collection of debt under the writ of execution is possible only in exceptional cases. But it should always be carried out on the basis of documents issued by the court.

Production begins upon presentation of such securities as:

• writ of execution issued by the arbitral tribunal or court of general jurisdiction;
• a court order issued upon application for the recovery of funds or property;
• agreement on the payment of alimony certified by a notary;
• certificate of the commission on labor disputes;
• judicial act for the recovery of fines;
• decree of the bailiff himself;
• A record made by a notary in relation to the pledged property.

The main provisions are contained in chapter 11 of the Code of Civil Procedure, as well as in the law on enforcement proceedings No. 229-FZ. Most often, companies, individual entrepreneurs and individuals are issued writ of execution, as well as court orders.

Repayment of debt on the writ of execution begins with the presentation of the document to the bailiffs after it is issued in court. In addition, a statement is drawn up, which indicates the bank account for the transfer of debt, and also reports all the information about the debtor that is known to the collector.

The writ of execution can be defined as follows. This is a document issued by the court and containing an order to perform or not to perform some action. The procedure for issuing a document is strictly regulated. It must be enforced by bailiffs if the debtor does not comply with the order himself.

Timeline for consideration of the case

Collecting debt on writ of execution is not an easy process. The bailiff has the primary responsibility for taking action on the debtor and his property. Success depends on the lender who is interested in providing effective assistance in this process. To do this, you need to provide information about the debtor, as well as the location of his property.

To obtain a writ of execution on hand, after the court decides, the plaintiff should write a statement. The document is issued within 10 days. Then it should be sent to the bailiffs at the place of registration of the debtor or at the location of his property.

Within 3 days, the contractor opens the proceedings. A decision is made about this, which also suggests the debtor to execute the court decision voluntarily within 7 days.

In order not to provide this deadline, the claimant may, in his application, express a request that the property be seized immediately at the opening of the proceedings. This must be motivated by the need to fulfill the requirements for repayment of the debt and exclude the possibility of alienation or concealment of property.

If you cannot find the debtor, this does not mean that collection measures will not be applied. The bailiff must perform all actions to search for the debtor, his property and place of work. To carry out these actions, he is given 2 months from the date of the opening of enforcement proceedings.

But the matter may continue for a longer period of time. This is due to the fact that it can stop during search activities or when selling property. But the performers strive not to drag out for a long time. If within 2 months the necessary actions were taken, but they were unsuccessful, and the debtor could not be found, the writ of execution shall be returned to the claimant. Documents confirming the actions committed by the bailiffs are attached to it.

The debtor has the right to challenge not only arrears of writ of execution in certain cases, but also the actions of the bailiff. In this case, the enforcement proceedings shall be stopped, and the period during which the enforcement proceedings are opened shall be increased.

Debt collection terms

The recoverer may verify the actions of the bailiff by familiarizing himself with the case. The main actions that must be performed by a specialist include: checking the debtor for available property bases, as well as through the tax service. If there is no property registered with the debtor, it is usually difficult to recover the debt on writ of execution.

If the debtor is a legal entity, then the company may describe the equipment on the balance sheet. The situation with an individual is more complicated, since in the absence of property, it is impossible to describe it. In this case, you can arrest property such as household appliances and furniture. However, implementing them is much more difficult. As a result, this process may become unprofitable.

If there is no property, the debt on writ of execution of individuals can be recovered from the debtor's income - salaries or pensions. Then the documents are sent to the employer or to the pension fund, where a certain amount will be withheld every month and transferred to the collector's account. Also, the debtor may be prohibited from traveling abroad.

If the writ of execution is returned without debt collection, the creditor has the right to forward it to the bailiffs again, if, for example, he becomes aware that the financial position of the debtor has improved. The term for re-filing a writ of execution is 3 years from the date of its return by the bailiff. Therefore, a document can be fed an infinite number of times.

Timing Features

The following circumstances must be considered:

• Even if the period prescribed by law has been missed, it is allowed to receive, for example, arrears of alimony on the writ of execution by sending it to the bailiff if the claimant has good reason. To renew the term, you must file a statement of claim. An executive document must be sent no later than 3 months after the restoration of its term by the court.
• For administrative violations, the deadline for submitting documents is 1 year.
• Funds may be collected during the entire time provided for payments, as well as within 3 years after the expiration of this period.
• If the debtor finds out that the bailiff has accepted a document that is expired, then he has the right to demand the cancellation of the opening of the proceedings. He can even file a lawsuit in court, according to which the bailiff service will be the defendant.

The work of bailiffs

The writ of indebtedness for housing and communal services, alimony, accident and other things is submitted to the address of the debtor - individual or to the legal address of the company. The actions of the bailiff in this case have some features. They are as follows:

1. The case shall be instituted within 3 days after the direction of the writ of execution by the claimant. The document may also be sent by the clerk of the court. Then the bailiff opens the proceedings without a claimant.
2. First check the information provided by the claimant, or that contained in the executive document.
3. If the collector in the application indicates a request for the seizure of property without providing the debtor with a seven-day period for voluntary repayment of the debt, the bailiff may seize the property.
4. First, the funds available to the debtor are subject to collection. In this case, bank accounts are seized.
5. The rest of the debt on the writ of execution is repaid by sending a request to the tax service, from where the answer should come within 3 days.
6. If the debtor has identified money in bank accounts, cars and real estate owned, then they are seized. Debt cancellation can be made immediately by transferring funds from the debtor's accounts to the collector. And the property is subject to inventory, evaluation and subsequent sale at auction. Vehicles may be arrested by law enforcement.
7. If the collector does not have bank accounts and also does not have property in his possession, the property found at the place of residence of the debtor shall be subject to arrest. It is described with the witnesses and the seeker, after which the sale is carried out. Funds are accumulated in the bailiff service account, and then transferred at the requisitioner's details.
8. In the process of his activity, the bailiff makes phone calls to debtors and reminds them of obligations, conducts explanatory work, and also prohibits traveling abroad.

This is the sequence prescribed by the bailiffs. However, in reality this order is often not followed, since the actions of the bailiff should be aimed at ensuring that the debtor does not have time to hide neither money nor property. For example, it happens when property is arrested as it is found, and only then other actions that are prescribed by order are performed.

Return of debt: independent actions

In order not to wait when the FSSP will be checking the debt, if the requisitioner has a writ of execution on his hands, it is also possible to perform independent actions. However, for this there must be the following circumstances:

• If the collector has information about the debtor's account with a particular banking institution, he can send a writ of execution there with the aim that the money be transferred to his account.
• If the debt is less than 25 thousand rubles. or the return of money is determined by transferring regular payments in the same amount, the document can be sent to the accounting department at the debtor's place of work or study, as well as to the pension fund, if he is a pensioner (there should be indexation of the debt on the writ of execution).
• Documents in relation to a legal entity can be sent to banking organizations if their details are available, as well as in the case of an individual.
• In addition to submitting the main document, you should write a cover letter asking you to take the necessary measures, as well as provide in it the details of the account to which you want to transfer money.
• In case of partial self-recovery, the creditor has the right to apply to the bailiffs in order to receive the remaining amount of the debt.

When things don't open

Enforcement proceedings are opened within 3 days after the receipt of the writ of enforcement by the bailiff. But after the FSSP has verified the debt, the bailiff may refuse to initiate proceedings. The reasons for this are strictly regulated, and they are as follows:

1. The death of the applicant, if the rights are not inherited.
2. The departure of the life of the debtor.
3. Bankruptcy of an enterprise. In this case, the executive documents are sent to the manager (arbitration).
4. In the absence of a cover letter, except when it is not necessary. A letter is not necessary only when sending a writ of execution by the court registry.
5. Lack of signature of the applicant.
6. Missing deadline for presentation of the document (3 years).
7. Incorrectly executed executive document.

Collection from legal entities and individuals

As in the case of individuals and legal entities, the bailiff performs the same actions. He submits requests to the tax authorities, seizes property and accounts of the debtor. But in the recovery there are certain nuances that you need to learn about.

Debt on the writ of execution can be repaid by selling the property of the company. Even when it is not operational, the balance sheet may contain equipment and other equipment, furniture, necessary in the office. It is easy to seize such property in order to sell it later.

If the company operates, and funds are regularly credited to the accounts, the court decision is easy to implement. Bank accounts are being arrested. As soon as money arrives there, they are debited and transferred to the account of the collector.

It is desirable that the recoverer be present at the inventory. He may take this property for storage until it is sold. Often, the recoverer himself takes action to sell the property, as this is in his own interests.

If a person dies, the executive case shall be closed if at that time the property belonging to him by the right of ownership was not found. And if the legal entity is liquidated, then the writ of execution is transferred to the arbitration manager.

If a citizen is an employee or a pensioner and does not have any material values, debt is collected from his income. Often this measure is carried out with the consent of the collector, even if the debtor has property, since the latter is more difficult to implement than receiving periodic payments.

A debt can be credited to an individual or individual entrepreneur for years when there is still hope that funds can be recovered once. In this case, redemption of debt under the writ of execution may apply. It is impossible to do this in relation to the legal entity, since after the liquidation of the company it is already impossible to repay the debt.

Conclusion

These are the basics of debt collection by bailiffs. As you can see, enforcement proceedings represent a wide and diverse range of activities. In addition, a recoverer may assist bailiffs, and in some cases act independently.