Writ of execution for collection. How to work correctly with bailiffs? Video: How to initiate enforcement proceedings

Receiving a court decision to collect a debt does not mean that money from the debtor will immediately go to your account. After issuing a writ of execution, the vast majority of creditors begin a long and ineffective enforcement procedure, entrusting their money to a bailiff who has no motivation to repay the debt.

Statistics say: By acting this way, you will not achieve results. This is practically equivalent to “throwing away” the writ of execution.

If the bailiffs are inactive

Inaction of bailiffs is a very common phenomenon. From year to yearthe problem of non-execution of court decisions withis becoming increasingly acute (the level of debt collection by bailiffs in 2017 was 3%). In most cases, they return the writ of execution due to the “impossibility of collection” and leave the creditor alone with his problems. At the same time, the inaction of bailiffs often leads to the loss of property, through which debts could be repaid. Even writing complaints does not lead to the desired result. In this situation, it is better to entrust the writ of execution to a collection agency than to rely on the bailiffs to independently collect the debt.

Debt collection under a writ of execution

The Orion Group pays special attention to the stage of execution of a court decision. As a rule, we do not work with the bailiff service, but find alternative and more efficient methods of collecting funds under a writ of execution. In some cases, we work through the bailiff service through our own channels, but we provide active assistance that allows us to make this procedure quick and effective.

Debt collection under a writ of execution - what exactly do we do?

1) We collect information about the current financial and economic activities of the debtor or its management: current current accounts, property and other assets, close connections, etc.

2) We carry out special visits to the debtor at their actual location or meet with them in one of our offices and conduct telephone conversations

3) We present a writ of execution for collection to the debtor’s bank, seize the debtor’s funds and property, find and return the withdrawn assets

4) If necessary, we initiate bankruptcy proceedings for the debtor or a procedure criminal prosecution for debts if there are appropriate signs (fraud, evasion of execution of a court decision, etc.)

5) If necessary, we provide assistance to the bailiff service to conduct joint raids on the debtor (photo from the joint raid above), or organize the forced bringing of the debtor.

Timing and effectiveness of collection under a writ of execution

If there is a writ of execution, collection, as a rule, lasts no more than three months. Our goal at this stage is to fully repay the debt in accordance with the court decision. According to our statistics, at this stage we collect up to40% from all debts transferred to us for work.

The procedure for executing a court decision through a collection agency


Contact us by phone or via application from the site	We analyze collection prospects for free	We offer working conditions and reveal the collection mechanism	After signing the contract, we immediately begin work	Debt repayment, payment of interest upon collection

Cost of debt collection services under a writ of execution

We work for results - our main reward is a percentage of the actual amount of debt repaid. After fillingdebt collection applications We analyze the prospects of the business for free, after which we offer the client specific terms of cooperation.

Debt collection occurs at the expense of the debtor: the Customer’s expenses are collected from the debtor additionally along with fines and penalties.

Payment to the collection agency may consist of an advance on the costs of conducting the case and a basic fee in the form of a percentage of the amount actually collected. The specific terms of cooperation, the amount of the basic remuneration and advance payment depend on the circumstances of the case and are determined based on the results of the analysis of the debtor. Find out the approximate terms of cooperationONLINE.

Please note that Orion only works with debts from800 000 rub.

We know what to do with your debtor - collection technologies have been developed over the years. Don't wait until the debt becomes bad, fill out the necessary form or call us now.

Court decisions are binding, but in some cases the defendant evades compliance with the requirements imposed by the court. In such a case, they are applied to him, and enforcement proceedings are assigned.

Enforcement proceedings are a state-regulated process of implementing a court decision in cases where the action or inaction of one citizen violates the legal rights of another.

The execution of this type of proceeding is the main purpose of the state bailiff service and begins after the court issues a corresponding decision to begin the procedure.

The deadline for completion of enforcement proceedings is considered the moment the bailiff signs the relevant document on termination of the procedure.

Writ of execution as an integral part of enforcement proceedings

To carry out the enforcement procedure, the judge issues a document of a certain form, called a writ of execution. This sheet is required to fully implement the decision made in court. It is from the moment of issue of this document that the execution stage countdown decisions made during the court hearing.

The document is issued to the plaintiff, who, after receiving it, can act two ways- independently contact the defendant with a demand to fulfill the requirements specified in the writ of execution in relation to the plaintiff, or send this document to the bailiff service, who are vested with a fairly wide range of powers to execute a lawful court decision.

Among the methods that bailiffs can use are imposition, forced withdrawal of funds from personal accounts and bank deposits. The only condition is that all actions of the bailiffs must be carried out within the framework of the current law.

There is a requirement for the execution of a writ of execution that is clearly defined by the law. It contains the following data:

Complete data on the person making the demands and the person to whom these demands are being made. That is, the document contains the full names of both participants in the incident;
The volume of demands put forward by the plaintiff, and it is necessary to describe everything in as much detail as possible in order to avoid violation of the law;
Time limits set by the court for execution of the decision

Important. Despite the fact that the court sets a mandatory time period for the execution of its own decision, its violation is in no way stipulated in the law and the consequences that are entailed by failure to comply with the decision within the specified period are not established.

Other data that is essential for performing the procedure.

Important. Each writ of execution must be signed by the judge who made the decision in the case and certified by the court secretary.

Stages of work of bailiffs

When a court issues a writ of execution, the plaintiff has the right to independently send it to the FSSP, or the sheet is sent by the court secretary to the territorial service body.

If the plaintiff independently appeals to the bailiffs, then it is necessary to write a corresponding application with a request to accept the proceedings based on the writ of execution, a copy of which must be attached to the completed application.

The deadlines within which bailiffs are required to respond to a received application are established by law.

The process of carrying out the procedure on the part of bailiffs can be divided into three main stages:

First of all, bailiffs must make a decision on the possibility of accepting the received application for work. Also at the initial stage, the FSSP decides on the need to search for the debtor, forcibly, if we are talking about debt collection or. At this stage, the issue of voluntary fulfillment of the presented demands by the defendant is also resolved;
The second stage is execution of decisions made based on the results of the preliminary analysis. If there is no possibility of voluntary execution of a court decision on a writ of execution or the defendant is hiding, then the bailiffs will initiate a compulsory enforcement procedure, which consists of seizing accounts, forcibly seizing movable and immovable property and organizing a search for the defendant;
The third stage is considered completion of enforcement proceedings. It is carried out by the bailiffs issuing a resolution to suspend the proceedings in this case, and the writ of execution is returned to the claimant.

Time limits for enforcement proceedings

The law establishes a very specific time frame for the implementation of enforcement proceedings. This norm is contained in Article 36 of the Federal Law “On Enforcement Proceedings”. According to it, the maximum period for fulfilling the requirements of the writ of execution is two month .

An exception is made in separately specified cases, in particular when the requirements contained in the writ of execution have deadlines regulated by laws or other regulations. In this case, meeting these deadlines is mandatory.

In situations where enforcement actions need to be carried out in an area under the jurisdiction of another territorial representative office of the FSSP, then in such a case the period will be 15 days , without including the time required to execute the order. An order from one bailiff to another is sent by mail or via the Internet.

If there is a court ruling recognizing the claim as secured, then the enforcement requirements are fulfilled on the day the ruling is served. If it is impossible to implement this norm due to insurmountable circumstances, the requirements are fulfilled the next day .

Please keep in mind: in accordance with Article 36, Part 8, the expiration two month period is not an indisputable basis for the complete termination of enforcement proceedings and enforcement measures.

Subtleties of enforcement proceedings

Despite the requirements clearly stated in the law in relation to the enforcement procedure, reality may make its own adjustments. In particular, we are talking about deferment of enforcement proceedings. Such a procedure is possible only by decision of the court or bailiff who is the executor in this proceeding.

These norms are prescribed in Articles 39 and 40 of Federal Law No. 229 FZ. The main reasons that the legislator indicates as a basis for granting a deferment in enforcement proceedings are the procedures for challenging a court decision or submitted claims.

Remarkable. At the same time, nowhere in the law does it indicate the main reason why a debtor may ask for a deferment - the lack of funds at the time of the decision to begin enforcement proceedings.

How to speed up debt collection work

The general limitation period for a writ of execution is 3 years. That is, the claimant can present the sheet to the bailiff service during this period, and later only by court decision.

This period is interrupted as soon as the sheet has been submitted to the SSP. If the sheet is returned to the claimant, he can submit it again. Thus, in fact, the validity period of the sheet may be much more than 3 years.

As mentioned above, the requirements on the sheet must be fulfilled by the bailiff throughout 2 months. However, in practice this period can also last for years. There are many legitimate reasons why this short period may be suspended or extended.

Perceive the bailiffs as a tool and realize that the collector still needs to get money from the debtor, albeit with the help of the bailiffs.
Therefore, it is worth constantly reminding the bailiffs about yourself and encourage them to repeat inquiries about the debtor to the Register, banks, etc. Sufficient write a statement to the bailiff with a request to conduct a check here or another(for example, send a request to the traffic police of the Ministry of Internal Affairs about whether the debtor has vehicles).
Such statements should be sent to the bailiffs 1-2 times a month.
Sometimes it is recommended to complain about the inaction of bailiffs to the Prosecutor's Office, but there are very few reviews that this actually helped.

Video consultation

Judge of the Sverdlovsk Regional Court Maria Anatolyevna Kulikova talks about the rules for the work of bailiffs, including how long the period of validity of a writ of execution lasts, the grounds for suspension, and the limitation period.

COLLECTION BY WORD OF EXECUTION WITHOUT BAILIFFS

R. KUZMAK

It is known that certain difficulties arise when executing judicial acts in the Russian Federation. This is due to the increase in the number of cases considered by the judiciary, the evasion of unscrupulous participants in civil transactions from the execution of judicial acts that have entered into legal force, the imperfection of the judicial system and the ineffective work of the Federal Bailiff Service. Let's consider independent methods of debt collection from legal entities that can be applied before resorting to enforcement.
Enforcement proceedings are the final stage of the civil and arbitration process, without which a judicial act does not give the result for which the person went to court.
After the judicial act has entered into legal force, the plaintiff has received a writ of execution, the execution of the judicial act can begin. The claimant can present a writ of execution to the bailiff service or try to carry out the collection on their own. The second option is more preferable because it is a faster method compared to turning to bailiffs.
When executing a judicial act to collect a debt arising from an agreement, the plaintiff always has information about at least one bank account of the debtor. The parties indicate this information in the details. The debtor can also obtain information about current accounts, for example, on the debtor’s website.
The collector, having information about the debtor's current accounts in credit organizations, has the right to send a writ of execution on the collection of funds or on their arrest to a bank or other credit organization (Article 8 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”) .
According to the rules of clause 1.1 of the Regulations “On the procedure for the acceptance and execution by credit institutions and divisions of the Bank of Russia settlement network of enforcement documents presented by claimants” (approved by the Central Bank of the Russian Federation on April 10, 2006 N 285-P), the claimant has the right to submit the enforcement document directly to the bank, in where the debtor’s account is opened, provided that he has information about the debtor’s accounts available there.
When contacting a credit institution in which the debtor has a current account, the debtor submits an application with account information and a request to write off funds to the debtor's current account. According to the rules of the above-mentioned Regulations of the Central Bank of the Russian Federation, the credit institution carries out the specified actions within three days and notifies the creditor of the result of the actions taken. This may be writing off funds if available, informing about the closure of the account by the debtor or the lack of funds.
If we go back a little to the beginning, namely the receipt of a writ of execution, then it is advisable for the claimant to immediately make a notarized copy of it, since the original of the writ of execution will be presented to the bank in which the debtor’s current account is opened. In parallel with the presentation of the writ of execution to the bank, the claimant on the basis of the specified Regulations and paragraphs 8, 9 of Art. 69 of Law N 229-FZ has the right, in the absence of information about the debtor’s current accounts, to apply to the tax authority with an application for the provision of such information, and the claimant may attach to the application not the original writ of execution, but a notarized copy. The tax authority provides the specified information within three days. After which the claimant can submit a writ of execution to other credit organizations where the debtor has current accounts, and in case of failure to receive the required amount of money, apply for enforcement to the bailiff service.
When concluding agreements with counterparties, it is advisable to obtain the maximum possible information about the legal entity and persons performing the functions of the sole executive body. This will make it possible in the future, if a party violates the terms of the payment agreement, to carry out collection as quickly as possible. Such information may include information about the actual location of the organization, the location of property (warehouses, equipment, etc.), current accounts, about the director, passport data with information about the place of residence (to call the debtor to an appointment with a bailiff or an investigator).
The listed information about the organization and the manager is not a trade secret and obtaining it when concluding a contract does not require extra effort.
Thus, in the process of debt collection, the speed of action and decision-making, as well as information about the debtor, plays an important role. The methods described above will allow the claimant to most quickly carry out collection before contacting the Federal Bailiff Service to initiate enforcement proceedings.

Our company provides assistance in writing coursework and dissertations, as well as master's theses on the subject of Enforcement Proceedings, we invite you to use our services. All work is guaranteed.

The decision made by the court presupposes its voluntary execution by the debtor. But this does not always happen. In such a situation, the second party has the right to obtain a special document from the court - a writ of execution.

It makes it possible to apply a number of coercive measures to the debtor, designed to force him to comply with the court decision. Debt collection under a writ of execution can be done independently or with the help of bailiffs.

Actions to independently collect debt

Having a writ of execution in hand, you can independently take measures to collect the awarded amounts from the debtor. This will require information about his bank accounts. After which you need to contact the bank with an application and present a writ of execution there. Within three days, the required amount will be transferred to the claimant’s account if it is in the debtor’s account. The bank does not require the consent of the account owner.

In the case when we are talking about one-time or periodic collection of an amount less than 25,000 rubles. the application and writ of execution can be submitted at the debtor’s place of work. The employer's accounting department will automatically withhold part of the salary and send this amount to the claimant's account specified in the application. The amount of such deductions is regulated by the provisions of Art. 137 and art. 138 of the Labor Code of the Russian Federation. Alimony is collected in the same way.

Actions allow you to solve the problem of non-execution of a court decision faster than by contacting a government body, such as the FSSP. The claimant's options are limited. If the debtor does not have funds in banks or official employment, it is impossible to get money from him on his own. Bailiffs, as representatives of the state, have great capabilities.

FSSP capabilities

The activities of the FSSP are regulated by a special law “On Enforcement Proceedings” (hereinafter referred to as the Law). It gives bailiffs broad powers. They can:

request information from the tax authority and banks about the accounts or property of the debtor (Article 69 of the Law);
demand repayment of the debt from funds in identified accounts (Article 70 of the Law);
seize accounts and property (Articles 80, 81 of the Law);
seize and then sell the property at a special auction to obtain the amount to pay off the debt (Article 87 of the Law);
restrict the debtor’s travel abroad (Article 67 of the Law);
confiscate driver's licenses and other special permits (Article 67.1 of the Law);
search for the debtor or his property if their location is unknown (Article 65 of the Law).

Contacting the bailiff service

The claimant has three years to appeal to the bailiffs. This is a general term, with the exception of periodic payments such as alimony.

You can use the help of bailiffs to obtain them during the entire period and three years after its end. A year is allotted for debt collection for administrative offenses.

In order for the FSSP bailiff to take action, you will need an application for recovery under a writ of execution, a sample of which can be found on the service’s website. After receiving this document, enforcement proceedings are opened within three days, within the framework of which various actions are carried out aimed at paying the required amount by the debtor. From this moment on, the claimant can only wait for the result.

You should contact the territorial department of the FSSP where the debtor is registered or his property is located. Otherwise, the application will be returned as submitted to the wrong address.

The reasons for refusal to accept a writ of execution will be:

absence of an application or signature of the applicant on it;
death of the debtor;
missing a three-year period without a good reason;
incorrect execution of the writ of execution;
the presence of closed enforcement proceedings on the debt.

In all other cases, the bailiff’s refusal to accept the application and the writ of execution can be appealed. To do this, a written complaint is submitted to the head of the department. A sample of it is presented on the FSSP website in the information for citizens section.

Actions of bailiffs to collect debt

Bailiffs have the right to independently determine how to collect the debt under the writ of execution, acting within the framework of the law. The information provided by the applicant will help them with this. The more complete it is, the faster you will be able to receive the awarded funds. When nothing is known about the location of the debtor or his accounts and property, the collection period will be long.

After the bailiff opens enforcement proceedings, the debtor is sent a resolution regarding this, indicating the deadline for fulfilling the obligation to repay the debt voluntarily. This is five working days. The resolution is sent by registered mail to the registration address. All actions are taken after the expiration of the period specified in the appeal to the debtor.

First of all, information about bank accounts is requested in order to foreclose on the funds in them. Banks do not have the right to refuse to provide information. After receiving the data, the bailiff sends a request to the bank to write off the funds. If there are several accounts, but none of them have the required amount, then write-offs are possible from all accounts in different amounts.

Previously, accounts and property may be seized. This measure is intended to protect the rights of the creditor and prevent the debtor from withdrawing funds or selling expensive property before receiving the debt in full. The arrest is carried out on the basis of a resolution, copies of which must be handed over to interested parties.

In the event that the debtor does not have funds from which the debt could be repaid, its collection occurs at the expense of the property.

This process includes the following stages:

seizure of property;
professional assessment;
sale at special auctions or transfer to a claimant;
return of the remaining funds (if any) to the debtor.

The debt can also be forcibly written off from wages. The procedure for the bailiff will be the same as for the claimant himself: contacting the debtor's employer with the corresponding requirement and the enforcement document.

The accounting department will transfer part of the earnings monthly (20%). If the debtor is dismissed or the collection period expires, the writ of execution will be returned to the bailiffs.

The work of bailiffs on a writ of execution is regulated at the legislative level. At the end of the trial, the plaintiff receives a writ of execution and acquires the status of a claimant. Often, ordinary citizens do not have sufficient legal knowledge, so they do not understand what the work of a bailiff is and what actions they will take based on a court decision.

In order for the process of forced collection under a writ of execution to begin, the claimant must send it along with an application to the territorial department of the FSSP of the Russian Federation.

Rules for sending a writ of execution

In order to find out in practice what the bailiff’s job is, the claimant must do the following:

check that the executive document complies with the rules enshrined in Article 13 of Federal Law No. 229 “On Enforcement Proceedings” dated 10/02/2007 (as amended on 07/03/2016);
The next important aspect is the deadline for presentation. Proceedings under a writ of execution will be opened if the deadlines allotted for presentation have not expired. This rule is regulated by Article 21, on the basis of which the sheet can be sent to the FSSP authorities within three years, with the exception of cases provided for in parts 2, 4, 7 of the same article;
draw up a written application with a request to initiate proceedings.

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full name of the FSSP of the Russian Federation, where the petition is addressed;
comprehensive data of the collector (full name, contact number, place of actual residence, bank account details for debt transfer);
statement of known information about the debtor;
the name of the court that made the decision;
number and date of the writ of execution and the court decision on the basis of which it was issued;
claims that are satisfied by the court in relation to the amount to be recovered;
in addition, the applicant has the right to petition for the seizure of property, a ban on the debtor’s right to travel outside Russia;
date, personal signature.

Based on Articles 30, 33, the claimant must send enforcement documents along with an application to the territorial bailiff office at the debtor’s residence address or at the location of his property and material goods. If such data about the debtor is unknown to the collector, then enforcement actions will be carried out at the last known location of the payer, or at the residence address of the collector, until the circumstances are clarified.

The prepared documentation is submitted personally by the claimant through the office of the FSSP branch, which is stamped with the date of acceptance. If this is not possible, you can send it by registered mail.

What measures does the executor take upon application?

After the department receives and registers the documents of the claimant, within 3 days they are distributed to a specific bailiff, who must take action on the writ of execution (Clause 7, Article 30 of Federal Law No. 229).

The duties of the bailiff include the following (Article 30):

upon receipt, within three days, issue a resolution to initiate proceedings on the writ of execution;
if there are no grounds for opening, refuse to initiate (motivate in writing);
about the measures taken, on the same day or no later than the next, the bailiff sends a copy of the resolution to the participants in the process (debtor, collector, court, other interested authorities).

The procedure for calculating deadlines is enshrined in Article 15 of Federal Law No. 229.

To monitor the execution and compliance with deadlines by bailiffs, it is recommended not to expect a copy of the decision by mail, but to receive it in person, in the order of receiving citizens. Thus, in case of disagreement with the resolution, the parties have a chance to appeal the document in a timely manner.

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What are the duties of a bailiff?

Article 12 provides that the executor is entrusted with the duties of enforcing court decisions and acts of other authorities:

he must promptly and fully comply with the requirements of executive documents, guided by the provisions of the law;
at the request of the parties and their representatives, provide production materials for review, extracts, and photocopies;
consider applications and petitions of participants in the process. And based on the results of the consideration, make an appropriate decision and be sure to explain to the parties the procedure for appealing, and within what time frame they can do this;
It is not allowed to conduct enforcement proceedings by an interested bailiff, including if he is a relative of the claimant/debtor. In this case, he is obliged to recuse himself;
processes the personal information of the parties if required by full and correct execution;
if the location of the debtor is not known, his property organizes search activities, as well as the defendant or child on the basis of judicial acts in civil cases;
bailiffs also accept cases related to administrative offenses;
When a crime is discovered, the information is passed on to the investigative authorities.

What rights does the performer have?

Bailiffs have not only duties, but also rights.

The implementation of these actions is aimed at fulfilling the requirements of executive documents:

in the process of work, the bailiff can request the necessary documents, information, not only of a general nature, but also personal, and select explanations;
carry out checks with the employer if the debtor is employed by him. To find out to what extent the requirements of the writ of execution are met;
to involve the parties to the proceedings in carrying out certain enforcement actions by separate instructions;
if the executor demands access to the premises for inspection, the debtor or other persons do not have the right to refuse him. Otherwise, the employee may open it;
seize property and confiscate it. In the future, these benefits can be sold at auction in order to return the debt to the collector;
seize money and material assets in the amounts specified in the executive documents. In this case, funds mean not only cash, but also those in bank accounts;
if the owner of the non-residential premises gives consent, the bailiff can leave the seized property there for storage, as well as determine the circle of persons who will be responsible for its safety;
the executor is allowed to contact the authority that issued the executive act for clarification in case of points he does not understand;
check documents of citizens involved in the proceedings;
when carrying out executive search activities, make all kinds of requests to institutions, conduct surveys of citizens, if necessary, inspect premises, find out the necessary information that is relevant to the case and can help identify debtors or property;
involve employees of the Ministry of Internal Affairs, the FSB, the migration service and other government bodies for assistance;
act in other ways that do not contradict Russian legislation.

Thus, the main direction in the activities of bailiffs is the execution of requirements based on decisions of courts and acts of other authorized structures. The bulk of enforcement proceedings is the collection of debts on loans, alimony, fines, taxes, and utility bills.

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