After receiving a writ of execution for the recovery Money, the creditor can independently engage in its execution:

• by presenting it to the bank where the debtor's current account is opened, having previously received information from the tax authority about open accounts debtor;
• or by presenting a writ of execution to an organization or other person paying the debtor wages, pension, scholarship and other periodic payments, provided that the debtor is aware of the place where the debtor receives the periodic payments and provided that the amount of the debt does not exceed twenty-five thousand rubles or the subject of execution is the collection of periodic payments.

Unfortunately, independent tools are unreasonably scarce, and independent execution often turns into a cat-and-mouse game with the debtor, when money “walks” through the debtor’s accounts, depending on where the creditor has presented the writ of execution.

In the absence of reliable information about the availability of funds on a specific settlement account of the debtor, seeking help from bailiffs seems to be the most correct.

So, if on your own means always quickly, but far from always effective.

Presentation of a writ of execution to the bailiff service

You will be doomed to a certain red tape, but at the same time, you will receive all the tools provided by law for the enforcement of a writ of execution.

Enforcement proceedings are initiated no later than 6 days from the date of receipt of the writ of execution by the bailiff service. The debtor, as a rule, is given a 5-day period for voluntary performance. That is, after 11 days, active work should begin on your sheet.

The functional content of such work depends on you and the specific situation. The bailiff, in practice, is likely to limit himself to requests to the Unified State Register of Real Estate Rights about registered rights to real estate and information about the debtor's accounts.

The Federal Law "On Enforcement Proceedings" provides for a two-month period from the date of initiation of enforcement proceedings for the execution of the requirements contained in the executive document. The term is not restrictive, but within its framework, the bailiff must perform the minimum amount of work aimed at the execution of the judicial act.

If you have information about the presence of property in the property of the debtor, which can be foreclosed, do not forget to indicate the need for his arrest in the application for initiating enforcement proceedings. In order to prevent foreclosure on property, debtors very often "sell" all their property, while remaining its actual owner.

Below we provide a minimum list of what the bailiff must do in any enforcement proceedings (on his own or at your request)..

What should be done by the bailiff

To identify the property of the debtor, the bailiff must send inquiries regarding the debtor and his wife to the following registration and other authorities:

• district inspection of the Federal Tax Service of Russia at the place of registration of the debtor on the numbers of settlement, current and other accounts, on the name and location of banks and other credit institutions in which accounts are opened; on the accrued taxes and on the objects of taxation of the debtor for the last 3 years.
• management of the Pension Fund of Russia at the place of registration of the debtor on deductions from employers in favor of the debtor;
• commercial banks in the city district of Voronezh on the presence of open settlement, current and other accounts in the name of the debtor / availability of funds on them;
• registering the tax authority on the participation of the debtor in legal entities;
• control Federal Service state registration, cadastre and cartography on the presence of registered rights to real estate and transactions with it;
• regional BTI on the rights to real estate registered before 1998, as well as on the primary tech. inventory of real estate objects carried out after 01.02.1998;
• traffic police department on registered vehicles;
• the department for organizing licensing and permitting work of the Central Internal Affairs Directorate in the relevant region on the presence of registered weapons (self-defense, hunting, collection);
• government technical supervision about registered self-propelled and construction equipment;
• the center of the State Inspectorate of Small Boats of the Ministry of Emergency Situations of Russia on registered small boats and bases (structures) for their parking;

Taking into account the information received at the request of the bailiff, the bailiff is obliged to carry out visits and inspections within the time limits regulated by law, as well as to conduct an inventory and arrest of the debtor's property, funds; assess the seized property and organize its subsequent sale.

Also, do not forget to petition the bailiff for a temporary restriction on the debtor's departure from the Russian Federation and to extend this measure of enforcement once every six months.

Supervision of the work of the bailiff

When presenting a writ of execution to the bailiff service, it is necessary to understand that in order to fully study the situation, it is necessary to control the course of enforcement proceedings, otherwise the only thing that will be done is a decision to initiate enforcement proceedings.

The exactor must be notified about the initiation of enforcement proceedings, the seizure of the debtor's property, its transfer for sale, the postponement and suspension of enforcement proceedings, the termination of enforcement proceedings and its completion, and the commission of other enforcement actions.

Simply put, the law obliges the bailiff to notify you of almost any action taken as part of enforcement proceedings.

Violation of this requirement makes it possible to appeal (dispute) the inaction of the bailiff.

In addition, the law obliges the bailiff-executor to be proactive. For example, when the debtor evades registration of property that can be foreclosed on, and the debtor has no other assets, the bailiff-executor has the right (Article 66 of the Federal Law "On Enforcement Proceedings") to perform state registration of the debtor's rights to property and subsequent foreclosure on that property. Please note that the control function, as well as the collection process itself, can be transferred to .

Non-execution by the bailiff of his rights (inaction) can also be challenged.

Appealing (challenging) actions / inactions of the bailiff

To induce to commit performing actions, you can appeal or challenge the actions (inaction) of the bailiff of the performer. The Law on Enforcement Proceedings describes in detail the procedure and deadlines for filing a complaint, establishes requirements for the form and content of a complaint.

An appeal is a procedure that consists in filing a complaint in order of subordination to a superior, in relation to the bailiff-executor official.

Also, the actions (inaction) of the bailiff may be challenged.

Challenging is the same procedure, only the question of the legality of an action (inaction) is decided not by a higher official, but by a court.

Contestation differs from appeal in that it is carried out through the judicial authorities. It is noteworthy, but the terms for contesting differ depending on which court the actions (inaction) of the bailiff-executor are contested. The term for challenging the actions (inactions) of the bailiff in the Arbitration Court is 3 months. The term for challenging the actions (inactions) of the bailiff-executor in court general jurisdiction is 10 days.

To improve the efficiency of bailiffs according to your writ of execution, it is impossible to neglect such a tool as contestation (appeal). As a rule, after filing a complaint, bailiffs-executors independently eliminate the violations committed.

Recovery of damages

Do not forget about such a method as from the treasury Russian Federation losses incurred due to illegal actions (inaction) of the bailiff.

In all cases when, due to the illegal behavior of an official of the bailiff service, your chances of receiving a debt from the debtor have decreased or become equal to zero, you can apply to the court with a demand to recognize the actions (inactions) of the bailiff as illegal and to recover damages.

The classic cases when you should go to court with the above requirements are:

• Violation by the bailiff of reasonable time limits for seizing the property or property rights of the debtor, in connection with which the foreclosure of such property or property rights became impossible. For example, funds were received from counterparties to the debtor's account after the initiation of enforcement proceedings. After two months of enforcement proceedings, all funds from this account were withdrawn by the debtor, and the bailiff seized only when the account became zero.
• Loss of property by the custodian chosen by the bailiff.
  For example, when transferring property for auction, it turned out that it was lost by the custodian for any possible reason, and such a custodian was chosen by the bailiff himself.
• Disposal of property from the debtor's possession due to illegal actions of a bailiff.
  For example, an arrest was made on the debtor's property, but later this arrest was groundlessly removed by the bailiff himself, and the debtor's only liquid property was sold, and the exactor lost the actual possibility of execution.

Despite the apparent simplicity of the execution of a court decision, in practice, without qualified assistance, it is difficult to achieve real execution.

Be prepared for the fact that having applied all enforcement measures to the debtor, you may never reach the real execution. It is possible that your debtor, even before entering into a contractual relationship with you, for example, was “a goal like a falcon” and he simply does not have any assets, and, therefore, the ability to pay off.

It's time to think about and assess your risks in advance.

The litigation is over, and the court ruled to collect the debt. But not always the defendant agrees to voluntarily pay the debt. Therefore, the plaintiff (collector) is issued a writ of execution - a document that gives the right to independently or by contacting the bailiff service to carry out a set of measures to enforce the court decision.

The writ of execution is the conclusion (resolution) of the trial. To obtain a document, submit an application for its issuance to the office of the court that issued the decision. It will be possible to present the sheet for execution within three years, unless a different period or condition is indicated in the court's conclusion. The sheet contains:

• details of the department of the court where the case was heard;
• case number;
• the date of the decision;
• the date of its entry into force;
• data on the claimant and the debtor: for individuals - full name, address of registration, date and place of birth, place of work of the debtor (if information is available); for legal entities - the name of the organization, its legal address.

If you decide to use the services of a bailiff, submit an application for acceptance of the sheet to the department of the Federal Bailiff Service at the place of residence of the debtor or the location of his property (when the debtor is an individual), or at the legal address of the organization (when the debtor is entity). You can determine the location of the branch you need on the official website of the FSSP. Write the application in two copies, one of them with a mark of acceptance remains with you. Along with the application, submit a writ of execution (original and 1 copy) and a copy of your passport. Please provide your details on the application:

• residential address;
• passport data;
• bank details where funds should be transferred;
• to speed up the collection process, the application can include the available information about the debtor (contact details, residential address, place of work, etc.)

Download the application form and sample from us:

Within 3 days, enforcement proceedings will be initiated, which will be notified to both you and the debtor. Usually bailiffs set 5 days from the date of receipt of the decision by the debtor to fulfill the requirements. In case of refusal to voluntarily repay the debt, the bailiff performs actions to search for the debtor's bank accounts, property registered to him, sources of income, etc. The FSSP may refuse to open enforcement proceedings if:

• writ of execution filed without application;
• the application does not contain the signature of the recoverer or his legal representative acting under a notarized power of attorney;
• the claimant applied to the FSSP department not at the place where enforcement actions were performed;
• the deadline for presenting a writ of execution has expired;
• the sheet contains errors, misprints, lacks the necessary data, the seal of the court, the signature of the judge.

In some cases, you can make a recovery yourself:

• If you know in which bank the debtor has an account, contact this financial institution with a request to write off the amount of debt from the account. In the application, indicate the details for the transfer of funds, passport details, details of the writ of execution. Attach a writ of execution.
• If the place of work of the debtor or another source of his income is known, and the amount of debt is more than 25,000 rubles, send an application for the transfer of funds and a writ of execution to the accounting department of the organization.

The process of obtaining money by a court decision is lengthy and largely depends on the will and desire of the claimant. Regularly ask the bailiff about the ongoing collection activities, the bailiff's inaction can be appealed to his head or in court.

In some cases, the court decides on. In general, the decision of the judiciary implies its immediate and voluntary execution. But, as it shows arbitrage practice, not every debtor is in a hurry to fulfill his obligations to the plaintiff.
In such cases, debt collection under a writ of execution is initiated. By itself, the writ of execution is a special procedural document that has legal force.

Opportunities of the Federal Bailiff Service

Recovery of debt under a writ of execution individual can be carried out both independently after receiving the procedural document, and with the help of bailiffs. Most often, it is these employees who are involved in the collection of problem debts. What are the capabilities of the FSSP?

• Making requests to banking organizations And tax authorities about the property or existing personal accounts of the debtor;
• Seizure of property and funds;
• Demanding immediate repayment of the debt in case of accounts identified with the debtor;
• Seizure of property and funds;
• Realization of property and funds for further debt repayment;
• Organization of search activities in relation to the debtor.

After acceptance judgment in accordance with the legally established procedure, the judicial authority is obliged to send a writ of execution to the FSSP for further initiation of enforcement proceedings. How to recover money under a writ of execution? As mentioned above, this can be done on your own, but it is best if bailiffs who have more advanced capabilities for carrying out this procedure will deal with this process.

How do bailiffs work?

After receipt of the writ of execution, the bailiff initiates proceedings, the procedural period of which is two calendar months.
During the period of enforcement proceedings, an employee of the Federal Bailiff Service is obliged to check all available information about the debtor, he must make inquiries to the relevant authorities about the availability of funds in the account, movable and real estate. In this case, the bailiffs first try to contact the debtors directly. If it is impossible to do this or if the debt is evaded, the bailiff carries out a full range of measures to seize and sell property.
Important! In accordance with the norms of the Law "On Enforcement Proceedings", enforcement proceedings are three years, and it is equal to the limitation period.
The measures described above show how you can collect a debt on a writ of execution with the help of the FSSP. Usually, the debtor is given five days to voluntarily repay the debt, after which a representative of the Federal Bailiff Service refers to the various assets of the debtor.

Terms of collection of debt obligations of the FSSP

According to regulations federal law the bailiff is obliged, within 2 months from the date of the court decision, to perform all actions to search for an individual. But, as practice shows, the terms can be significantly delayed, and not for a month, but even for a year or more.
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Court proceedings are valid for three calendar years, after which the debt is canceled and written off. If no assets are identified, there is no property, then the enforcement proceedings may be closed.
If bailiffs cannot collect debts, then there are such possibilities as contacting Pension Fund. In this case, the obligations will be deducted from the pension monthly. Among other things, bailiffs can deprive a person of a driver's license or veto a trip abroad.

Repayment of debt under an executive document is it voluntary or enforcement requirements in enforcement proceedings. The debtor has the right and obligation to repay his debt on a voluntary basis. For this, a certain period is set, which, according to general rule, does not exceed 1 - 5 days from the date of receipt of the decision to initiate enforcement proceedings or from the date of receipt by the debtor of a copy of the executive document. If the demand is not fulfilled or cannot be fulfilled on a voluntary basis, firstly, the debtor is imposed additional duty on payment of the enforcement fee, and, secondly, the whole arsenal of available enforcement measures can be applied to it.

The procedure for the voluntary repayment of a debt and the process of its forced collection are regulated by the Law on Enforcement Proceedings. The law is applied both in the situation of debt collection by the Federal Bailiff Service of the Russian Federation (by bailiffs), and in cases of direct presentation of a writ of execution by the recoverer to the executor.

Voluntary debt repayment

The debtor may repay the debt under the writ of execution both within the period established for this purpose and within the framework of compulsory collection. In the first case, he will not be obligated to pay the enforcement fee, and no enforcement measures will be applied. In the second case, the voluntary repayment of the debt allows you to complete the enforcement proceedings and remove all prohibitions and restrictions associated with enforcement.

If the debtor has a desire to repay the debt voluntarily, but there is no way to do it immediately and in full, in order to avoid the seizure and sale of property or other measures of influence, it is necessary to resolve the issue of postponing or installment payment of the requirement.

This is done by applying to the court that issued the act under which the recovery takes place, or to the court at the place of enforcement proceedings. In addition, you can apply with a corresponding application to the bailiff, and he, if he considers the request justified, will independently prepare a presentation to the court.

In general, when the debtor shows interest and activity in repaying the debt, both the bailiffs and the courts tend to make concessions. But installments or deferrals will not be granted just like that, just because the debtor needs it. It is necessary to substantiate the request with valid reasons, for example, complex financial position which is temporary, illness, high costs associated with treatment, etc. In addition, the debtor must justify the period for which he requests a deferral, or the proposed installment regime.

Enforced collection begins if the debtor fails to repay the debt within the period for the voluntary performance of the obligation. The only thing that can postpone the start date for the introduction of restrictive, prohibitive measures, the sale of property or suspend procedures is the establishment of a deferral or installment plan.

Forced debt is repaid in different ways. It all depends on the characteristics of the debt, the court decision on it, awarded or established order execution of the executive document and other circumstances of the case.

Main options:

1. If the debtor has bank accounts and funds on them, as well as when income is received on the accounts, the bank may be the direct executor. In this case, the credit institution starts execution after receiving the enforcement document either from bailiffs or from the creditor. Under certain conditions, the bank may be both the creditor-collector and the executor.
2. If the debtor works, the writ of execution may be sent for direct execution at the place of work. From debtors-pensioners, the debt is collected by deducting a certain percentage from the pension. The direct executor is the FIU. Foreclosure on wages, pensions and other income is possible only in three cases:
3. repayment of debt - payment of periodic payments, for example, alimony;
4. it is necessary to collect a debt in the amount of up to 10 thousand rubles;
5. the debtor does not have money and property to repay the debt in full.
6. In a situation where the debtor has no income, with a large amount of debt that cannot be repaid by periodic payments, in other situations where the debt cannot be collected in full, the bailiffs decide to seize the property and funds of the debtor. In the future, the property is sold at auction.
7. If there is no property, and there is no income at the expense of which the collection can be carried out, the debt actually “hangs”. Periodically, bailiffs will check whether the debtor has assets, a place of work or other sources of income. The result may be the end of proceedings and the return of the writ of execution to the recoverer due to the impossibility of execution. True, this does not deprive the creditor of the right to re-apply, which entails a restart of the entire procedure.

Terms of execution of the writ of execution bailiffs in practice, they vary greatly over time. The fact is that only actual performance can speak of performance, which is far from always possible. As a result, many cases last for years, stop, end, resume again. And then either the creditor will get tired of waiting and will no longer insist on continuing the process, or the debtor will return the debt, or gradually the entire debt will be collected from him.

Standard enforcement according to the writ of execution (enforcement proceedings) lasts 2 months. An executive document or law may establish a different deadline for fulfilling the requirement. Suspension of proceedings, installments and delays, postponement of enforcement actions in time are not included. Therefore, enforcement proceedings can last for years, as well as the actual collection of debts.