Enforcement proceedings begin with bailiffs on the basis of a court decision, which requires the collection of funds from the non-payer by various compulsory means. For this, bailiffs use numerous methods to influence debtors. But often there is a need to suspend enforcement proceedings. There must be good reason for this. The procedure may be initiated by a direct defaulter, bailiffs or a court. For this, a relevant application is submitted by interested parties.
Process suspension concept
The procedure is usually carried out on the basis of a statement drawn up by the debtor or his trustee. Enforcement proceedings are aimed at forcibly recovering money from a non-payer in various ways. A citizen may be a debtor for alimony, taxes or loans.
Often, debtors have the question of whether it is possible to suspend enforcement proceedings. This procedure can be carried out if there are good reasons. It lies in the fact that various executive actions by bailiffs are temporarily stopped. The application, which may be submitted not only by the debtor, but also by other interested parties, is considered by the court within 10 days.
Bailiff Powers
If a decision is made to suspend enforcement proceedings, then the bailiffs should take into account the following nuances:
- they lose the right to use any measures, the main purpose of which is the forced collection of money from the debtor;
- if any property has already been confiscated, then tendering for its sale is not allowed;
- specialists can continue various legal actions, for example, check transfers of funds to a bank card owned by the debtor, as well as send requests to various state authorities.
The main advantage of such a suspension for the direct debtor is that it guarantees the safety of his property and funds in the accounts.
Suspension Types
There are two different ways to suspend enforcement proceedings. These include:
- complete suspension;
- partial, for example, if bailiffs lose the right to use only certain measures necessary to recover funds, but such a restriction is used on a temporary basis.
Most often, debtors file petitions in court to completely suspend proceedings.
Reasons to suspend the process
There are many reasons to suspend enforcement proceedings. The grounds are usually identified by the debtor or his close persons. These include:
- death of the defaulter, and the procedure begins again after 6 months, when the heirs are established;
- recognition of the debtor incompetent on a temporary basis;
- sending a citizen to serve in the army or to participate in hostilities, and such a ban is lifted after the person returns home;
- Declaring the debtor bankrupt, but in this procedure only a certain part of the debts is written off, and the citizen in any case loses part of his values, which are sold at auction as part of the procedure for declaring it insolvent;
- seizure of property owned by the debtor company;
- disputes regarding the existing writ of execution;
- if enforcement proceedings are opened against another country, the procedure is suspended in the absence of the necessary property.
In all the above situations, the bailiffs stop working on a temporary basis. They can only receive information about the financial condition of the debtor. The suspension is usually carried out on the basis of a petition drawn up by the immediate debtor.
Special cases
There are some controversial situations in which a suspension of the process may occur. A court decision to suspend enforcement proceedings may be taken under the following conditions:
- the debtor lays down for treatment in stationary conditions, but when making a decision, the court takes into account what disease is detected, how long the treatment will last, and whether the citizen will be declared legally incapable;
- wanted citizen or his property;
- conscription of a non-payer into the army, and in such a situation he really cannot earn money in any way, therefore, most often the court suspends the process;
- sending a special instruction to the bailiff, who is the executor, and usually such a suspension applies if the debtor and the creditor are in different regions;
- filing a complaint about the actions of the bailiff.
The procedure is carried out only on the basis of a decision of the court or the direct bailiff involved in this case.
Who can execute the process?
The following organizations may suspend enforcement proceedings:
- the court makes a decision on the basis of a petition, and it can be submitted by the debtor, interested parties or the bailiff, as well as when appealing against the originally issued writ of execution;
- the bailiff appointed by the executor can suspend the process if he finds out about the death or illness of the debtor, but actions will be resumed after the determination of the heirs, the return of the deadbeat from the army or his recovery.
The bailiff, who decided to use such a procedure, must notify the judicial authorities, the creditor and the immediate debtor.
How is the process performed?
The suspension of production can be performed at any stage of the process. How to suspend enforcement proceedings by a debtor? To do this, the following actions are performed:
- initially, a citizen gets acquainted with all documents related to his case;
- the basic requirements of the law regarding the suspension of the process are being studied;
- preparing a statement that can be transmitted directly to the bailiffs or immediately to the court;
- this petition provides significant reasons for the temporary cessation of further work of the bailiff;
- other documents confirming these or other facts are attached to this application, moreover, a death certificate, a summons to the army, a certificate from a medical organization or other papers are usually used for this;
- an application with other documentation is considered by the appropriate authority;
- if there really are good reasons for the temporary cessation of proceedings, an appropriate decision is made by the bailiffs or the court.
The immediate debtor shall be notified in writing of such a decision in writing. To do this, a special notice is sent to him, indicating the period by which the collection process is suspended.
Application rules
It is the debtor who most often insists on suspending enforcement proceedings. The statement must be prepared by him independently. The following rules are taken into account:
- documentation may be submitted to the bailiffs or to the court;
- it indicates the main reasons for terminating the forced collection of money;
- other documents confirming the grounds listed in the text are attached to the application;
- you can get a sample of such a statement from the FSSP office;
- documentation is reviewed in the period from 1 to 3 days;
- the debtor receives a written response to this application.
A positive decision on this application is made only if there are really good reasons. Documents are handed over by the debtor immediately after a situation arises requiring a temporary cessation of production.
The consequences of the procedure
If the bailiffs suspended the enforcement proceedings, then one should prepare for the following consequences:
- temporary cessation of various executive actions in relation to the debtor;
- the creditor will not be able to rely even on partial receipt of his funds;
- the contractor can only receive information about the financial condition of the defaulter;
- if the procedure is applied within the framework of the bankruptcy of the debtor, then the bailiff will remove various restrictions imposed on the property of the citizen, as these values are then sold by the appointed manager.
If the cause of the suspension is the death of the debtor, then the process is used for 6 months. At this time, all the heirs of the deceased citizen are identified, who accept not only his property, but also obligations. Further, the collection procedure is carried out in respect of them, but only within the framework of the inheritance received.
Expert Advice
The decision to suspend enforcement proceedings by the court is made quite often. At the same time, the recommendations of professionals are taken into account:
- simultaneously with this process, the suspension of procedural terms;
- often used in criminal proceedings if a preliminary investigation is required;
- the decision on suspension is taken within 3 days after receiving the application and other documents;
- a decision is confirmed by sending a notification to the debtor.
Even the creditor can insist on carrying out such a procedure, if he has good reasons for such a decision.
Conclusion
Enforcement proceedings may be suspended for a certain period of time for various reasons. The procedure is performed by the court or bailiffs on the basis of a petition drawn up by the debtor or other interested parties.
The consequences of such a decision are positive for the direct non-payer, as various measures intended for the forced collection of money temporarily cease.