Writ of execution to the bank and notification of the debtor. Collection of funds from the debtor's bank without recourse to bailiffs

Ways to perform executive document about recovery Money there are several. You can collect through bailiffs, or you can present performance list immediately to the bank. Naturally, not any, but only the one in which the debtor has an account. This possibility is provided for in Article 8 of the Federal Law "On Enforcement Proceedings". If the recoverer has reliable information about the debtor's funds in an account with a particular bank, it is recommended that the initial presentation of the executive document is to the bank.

When submitting a writ of execution to a bank where the debtor has an account, the term for its execution will be less than when presented to the bailiff service, i.e. claimant's claims will be satisfied sooner. Of course, this is only relevant if there is enough money on the debtor's account and there are no other requirements that must be fulfilled as a matter of priority.

Example 1

Nikolai, knowing that the debtor had a bank account, presented a writ of execution there to recover funds from Romashka LLC for improper performance by the latter of the contract for the provision of services for compensation. However, at the same time, he was not aware that at the time of receipt of his writ of execution, writ of execution had already been presented to the account on the recovery wages and tax payments. Since these payments are of a priority nature, all funds available on the current account in Alfa Bank Romashka LLC were sent to employees and to the state treasury. There was not enough money in the account to fulfill the requirements of Nikolai. Nikolay was forced to take the writ of execution from the bank and present it to the FSSP of Russia. But during the time the document was in the bank and its subsequent movements, the debtor managed to alienate all his property, which led to the impossibility of collecting in favor of Nikolai.

Important! A writ of execution can be presented to the bank only if the document provides for the recovery of funds from the debtor. If the writ of execution contains the wording “to oblige to return the funds”, “to oblige to transfer property in the amount of ...”, such a document will not be executed by the bank.

The procedure for presenting a writ of execution to the bank

The original document of execution is presented to the bank. At the same time, an application is submitted, which must contain the following information:

• details of the claimant to which the collected funds should be transferred;
• personal data of the claimant-citizen: full name, identity document and its details, citizenship, place of residence, TIN;
• information about the recoverer-legal entity: TIN, PSRN, place state registration and legal address;
• the direction of the writ of execution to the bank can be carried out both personally and through a representative. If the presentation of a writ of execution to the bank is performed by a representative, then a power of attorney is required.

An application form can be downloaded.

Bank actions upon receipt of a writ of execution

The procedure for the execution by the bank of a writ of execution received from the recoverer is established by Article 70 of the Federal Law “On Enforcement Proceedings”. Based on this rule, the claims of the claimant must be satisfied immediately. The only exception to this rule is that the bank has doubts that the executive document is genuine. In this case, the bank has the right to check the writ of execution, postponing the debit from the debtor's account for 7 days.

Upon receipt of a writ of execution, the bank registers it and searches for an account opened in the name of the debtor. If there are funds on it and the compliance of the writ of execution established requirements, the bank prepares payment documents and debits the required amount from the account. Within 3 days, the bank must notify the claimant of the actions taken. After debiting the debtor's account, the funds are transferred by the bank to the account of the recoverer, according to the details specified in the application.

There may be several reasons for a bank not to execute a writ of execution in the above order:

• there are no funds in the accounts, or there are not enough of them;
• the account has been seized;
• other executive documents were presented to the account, with an earlier order of collection.

In these cases, the writ of execution is placed in a file cabinet and write-offs are made as funds are received.

If the recoverer does not wish to continue the recovery of funds from the debtor's account, he has the right to apply for the withdrawal of the writ of execution from the bank. Upon such application, the bank will immediately return the enforcement document to the applicant.

Important! If the writ of execution is presented to one of the branches of the bank, then the funds can be debited only from the account opened in this branch. In this case, accounts opened in other branches of the same bank are not searched for and funds are not debited from them.

Example 2

Marina presented an executive document to the bank branch for the recovery of a debt in the amount of 3,000 US dollars from Europa-Service LLC. However, the debtor had only a ruble account in this branch of the bank. The bank returned the enforcement document to the recoverer and explained the right to apply to another bank that has an account opened in the currency of the recovery, or to present the document to the bailiff service.

On the issue under consideration, the following conclusions can be drawn:

• writ of execution for debt collection can be presented not to the FSSP of Russia, but submitted immediately to the bank;
• if there is money in the account, then the recovery of the writ of execution through the bank is carried out faster than through the bailiffs;
• execution by the bank of a writ of execution is carried out immediately, in exceptional cases it can be postponed for no more than 7 days;
• collection from the debtor's account can be stopped by withdrawing the writ of execution from the bank.

The deadline for execution of the writ of execution by the bank is 3 days.

1. Account details for receiving funds seized as a recovery.
2. Place of registration and actual residence;
3. Data of the certifying document (passport);
4. Full name, citizenship;

1. State. registration
2. Full name and legal address;

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As usual - in the office, and used to receive such executive orders and took them through the bank (another one, though), but now there are problems. Abydno. I think I’ll run into a bank, the debtor’s counter is not reliable, they can close, if something is withdrawn from the bank as losses, they say, while they were busy - money bye-bye, How do you think, this option will work.

Rudolf In-in, and to me from the bank of art.

in accordance with the provisions of which, 3 days are allotted to initiate proceedings and 5 days are given to the debtor for the voluntary transfer or transfer of money.

send requests to the registration authorities about the presence of real estate or vehicles; receive information from the tax authority on open current accounts in banks; send requests to the bank to provide information on the availability of funds in the accounts and deposits of the debtor; go to a house or organization to seize cash.

Finding this data is quite simple if the defendant is not a common person, and officially registered entity.

And by law, each organization must report comprehensive information about its accounts held in any banking structure, to the tax office at the place of registration. At the same time, taxpayers must provide information within a week after the completion of banking transactions.

If the repayment of the debt was not implemented in full due to the fact that monetary equivalent the required amount was not on the account, then you can resolve the issue of how to collect the debt by resorting to the services of a bailiff.

statement; performance list; documentation identifying the applicant, which may be a legal or individual; a certified copy of the power of attorney (if all actions are carried out with the help of an authorized person).

How to present a writ of execution to the debtor's bank

A simple, reliable, fast way to return money from a debtor is to transfer debt from his account to a recoverer, it is popular with bailiffs, as it does not require effort.

The creditor has the right to apply this method independently. The main advantage of this solution is speed.

Writ of execution, acting bailiffs, will be registered within three days, then the law allocates the same amount of time for making a decision on execution.

Advice to the Claimant - Presenting a writ of execution for execution to the debtor's bank

No. 285-P (hereinafter referred to as the Regulations), which establishes the procedure for the acceptance and execution by credit institutions, subdivisions of the settlement network of the Bank of Russia (hereinafter referred to as banks) of executive documents presented by collectors (legal entities and individuals) directly to banks in which bank accounts of debtors are opened . This legal mechanism allows you to significantly reduce the time, in comparison with the recovery within the framework of enforcement proceedings, to fulfill the requirements of executive documents for the recovery of monetary amounts.

A sample form of an application for the recovery of funds under an executive document through a bank bypassing bailiffs, for FL

District Court of Moscow, on the basis of the decision in case No. _____________________ dated ____________

the recoverer _______________________________ was issued a writ of execution series _________ No. __________________ dated ______________

Based on the foregoing, guided by Article 8 of the Federal Law "On Enforcement Proceedings" of 02.10.2007 N 229-FZ, the Regulations of the Central Bank Russian Federation“On the Procedure for Acceptance and Execution by Credit Institutions, Subdivisions of the Settlement Network of the Bank of Russia of Executive Documents Submitted by Creditors” dated April 10, 2006.

In my practice, I often come across a situation where my clients enter into contracts with unscrupulous Developers.

Buyers who buy an apartment with the help of realtors are not immune from such troubles.

Why you need to check your realtor, read here.

Having overcome numerous judicial instances, you finally got your hands on the long-awaited writ of execution for the recovery of a penalty from the developer. What's next? The finish line to receiving money and an apartment or a dead end?

Articles: How to submit a writ of execution to the bank for collection?

One of the most quick ways collection of funds - collection of funds from the debtor's settlement account. Firstly, this method is available to every collector - if you have a writ of execution, you have the right to independently submit it to the bank servicing the debtor's settlement account. Secondly, the method is fast. Having received a writ of execution, the bank is obliged to transfer the funds on it to your current account, and if the debtor does not have enough funds, put the balance of the debt “on a file cabinet”. Thus, if the debtor has enough funds, then no later than in three working days the amount of the debt will be in your current account. If the funds are not enough, then you will receive the amount of the debt when the money appears in the debtor's current account.

Of course, the method is not without drawbacks. If the debtor managed to close the account during the trial, it will not be possible to recover from the account known to you (the account no longer exists). Secondly, the debtor, whose main income comes in cash (for example, a store), may stop depositing cash into the current account and thereby slow down the collection.

What do you need to file a writ of execution for collection with a bank?

• Writ of execution (original)
• Statement (how to write it, consider below)
• Power of attorney for the person submitting the writ of execution to the bank.)

How to make an application?

The procedure for accepting and executing executive documents by banks is defined in the Regulation Central Bank RF No. 285-P dated April 10, 2006 “On the Procedure for Acceptance and Execution by Credit Institutions, Subdivisions of the Bank of Russia Settlement Network of Executive Documents Submitted by Creditors”.

The application must contain the details of the debtor's bank account, details of the Claimant - TIN, KPP, OGRN (or OGRNIP), location address, details of the bank account of the recoverer to which the funds should be transferred. You should also describe the writ of execution - indicate its series, number, issuing authority, reflect the fact that the original writ of execution was submitted to the court.

You can download a bank application form here. Yellow marks text elements that need to be changed.

Regulation 285-P provides that only the original writ of execution must be attached to the application (paragraph 1.2 of the provision). However, a few more documents should be prepared:

Firstly, this is a power of attorney for the person who will carry the writ of execution to the bank. The power of attorney must clearly indicate the right to submit writ of execution to the bank. A power of attorney is required in order for the bank office employee to establish the fact that the sheet is presented by the proper collector (banks are insured against possible disputes regarding the execution of the sheet).
Also, they are often asked to present documents confirming the authority of the person who signed the application. If this is the CEO, then you should stock up on a copy of the appointment decision CEO. If the application is signed by a person under a power of attorney, a certified copy or original of the power of attorney must be attached.

(c) Anton Shishkov, 2011

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Presentation of a writ of execution to the bank

(as amended on 08/01/2018) (Registered in the Ministry of Justice of Russia on 05/06/2006 N 7785) Chapter 2. Adoption procedure Guide to judicial practice.

Bank account 9.3. Conclusion from judicial practice: The Bank has the right to write off funds on the basis of a writ of execution only from the account opened in the relevant branch of the bank to which the writ of execution is presented. Guide to Judicial Practice.

How to collect money through the debtor's bank?

It can be a legal entity, an individual entrepreneur, an individual. The exceptions are banks (you need to collect money from them through the settlement and cash centers of the Central Bank), government agencies, bodies local government, budget organizations(To collect money, you need to contact the Federal Treasury.

Ministry of Finance), etc. So, you know in which banks your debtor has accounts (if you don't know, see how to find them here).

Recovery of funds by filing a writ of execution with the debtor's bank

In all these cases, when there is an obligation of one party to civil law relations to the other, the party incurring obligations is usually called the debtor, and the party in whose favor any action is to be performed is called the creditor.

At the same time, within the framework of established practice, such civil law relations are usually fixed by an agreement concluded in writing and signed by both parties. The procedure for concluding such an agreement has several important consequences.

Application to the bank on a writ of execution

The credit institution shall comply with the instructions contained in the IL immediately.

The bank must notify the claimant of the actions taken within 3 days from the date of fulfillment of such requirements (clause 5, article 70 of Law No. 229-FZ). At the same time, the transfer of this information by telephone is unacceptable (Article 26 of the Federal Law “On Banks and Banking Activities” dated December 2, 1990 No. 395-I), i.e.

may result in the disclosure of information that is bank secrecy. IL can be withdrawn by the recoverer or his representative by submitting an application (Sub.

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1 p. 1 art. 46 of Law No. 229-FZ)

The method is good in that self-collection on a writ of execution through a bank has the same binding character for the debtor as through bailiffs, but it happens faster (from 3 to 10 days).

It does not depend on the quickness of the bailiff and the stages of recovery - the initiation of proceedings, voluntary term to satisfy claims, search for bank accounts, the deadline for sending a writ of execution to the bank, etc.

How to send a writ of execution to the debtor's bank?

The best option is to have a bank in which the borrower has an open account.

This is a real win for the lender, as it is the easiest and fastest method of obtaining funds. For this purpose, it will be necessary to present a writ of execution in financial institution.

This measure gives the creditor the following benefits: The easiest way to do this is if the status of the debtor is a legal entity or individual entrepreneur.

which has certain powers aimed at forcing the debtor to pay the debt or, through the measures specified in the law, withdraw money from the cash desk or write off from his current account.

The process of issuing a writ of execution and further actions bailiff, set out in federal law"On Enforcement Proceedings". in accordance with the provisions of which, 3 days are allotted to initiate proceedings and 5 days are given to the debtor for the voluntary transfer or transfer of money.

Presentation of the executive document to the bank

Before presenting the document, it is necessary to figure out in which particular bank the accounts are opened. This information is present in the Inspectorate of the Federal Tax Service of the Russian Federation, in which the debtor is registered.

To receive a response from the Federal Tax Service in relation to the debtor, it is necessary to act according to the following algorithm: After the request has been submitted, the inspection has three days to respond. After that, the corresponding application can be sent directly to the bank.

Presentation of a writ of execution to the debtor's bank

A writ of execution is an official document issued to a creditor on the basis of judgment.

In Russia, the procedure for the execution of court decisions is determined by the Federal Law "On Enforcement Proceedings" (hereinafter - Federal Law 229). The only requirement is the presentation of a writ of execution within statutory term: three years from the date of issue of IL. After this period, neither the bank nor the bailiffs will accept IL for enforcement.

Back to the Execution List

One of the fastest ways to collect funds is to collect funds from the debtor's current account.

Firstly, this method is available to every collector - if you have a writ of execution, you have the right to independently submit it to the bank servicing the debtor's current account.

Secondly, the method is fast. Having received a writ of execution, the bank is obliged to transfer the funds on it to your current account, and if the debtor does not have enough funds, put the balance of the debt “on a file cabinet”.

Thus, if the debtor has enough funds, then no later than in three working days the amount of the debt will be in your current account. If the funds are not enough, then you will receive the amount of the debt when the money appears in the debtor's current account.

Of course, the method is not without drawbacks. If the debtor managed to close the account during the trial, it will not be possible to recover from the account known to you (the account no longer exists).

Secondly, the debtor, whose main income comes in cash (for example, a store), may stop depositing cash into the current account and thereby slow down the collection.

What you need in order to submit a writ of execution for collection to the bank:

Writ of execution (original);

Application (how to write it, consider below);

Power of attorney for the person submitting the writ of execution to the bank;

Documents confirming the authority of the person who signed the application.

The procedure for accepting and executing executive documents by banks is defined in the Regulation of the Central Bank of the Russian Federation No. 285-P “On the procedure for accepting and executing by credit institutions, subdivisions of the settlement network of the Bank of Russia executive documents presented by recoverers”.

The application must contain the details of the debtor's bank account, details of the Claimant - TIN, KPP, OGRN (or OGRNIP), location address, details of the bank account of the recoverer to which the funds should be transferred.

You should also describe the writ of execution - indicate its series, number, issuing authority, reflect the fact that the original writ of execution was submitted to the court.

It is also worth indicating the phone numbers by which you can be contacted - this will help if bank employees have questions.

Regulation 285-P provides that only the original writ of execution must be attached to the application (paragraph 1.2 of the provision). However, several more documents should be prepared.

This is a power of attorney for the person who will carry the writ of execution to the bank.

Presenting a sheet to the bank - how not to make a mistake

The power of attorney must clearly indicate the right to submit writ of execution to the bank.

A power of attorney is required in order for the bank office employee to establish the fact that the sheet is presented by the proper collector (banks are insured against possible disputes regarding the execution of the sheet).

Also, they are often asked to present documents confirming the authority of the person who signed the application.

If this is the CEO, then you should stock up on a copy of the decision on the appointment of the CEO. If the application is signed by a person under a power of attorney, a certified copy or original of the power of attorney must be attached.

It is a paradox when a person has a writ of execution in his hands, but he is not able to get a lawful one. You have to fight illegal acts by writing various statements, complaints, claims. Just endless boredom government bodies, walking through the authorities forces at least something to be done in restoring violated rights.

On this page of the resource, we are considering an application to the bank on a writ of execution. According to the Regulations of the Central Bank of the Russian Federation No. 285-P of April 10, 2006, the appropriate procedure for carrying out the activity in question in the field of enforcement proceedings is determined. Often the debtor is unaware of the existence of a writ of execution against him or his company and functions calmly. One of the ways to speed up is to write an application to the bank where the debtor's current account is opened. When the bank receives a writ of execution, it is obliged to fulfill the requirements on it and transfer the funds. The court document is subject to immediate execution by the bank.

If the amount required to pay off the debt is present on the debtor's settlement deposit, then it will be transferred within a short time. Otherwise, the writ of execution will lie until the deposit contains enough money to pay off the claim.
Consider mandatory items statements to the bank on the writ of execution:

• Name of the addressee (the maximum information about the bank known to the addressee);
• Details of the author's company (for a legal entity) or full name (for an individual), contact details;
• In the middle is the name of the paper;
• As the sample shows, the content with the approximate text: “I ask you to execute the sheet of the Moscow District Court No. ____________, issued by “______” ______________ 20___. based on the decision of "______" _______________ 20____ on civil case No. _______________ on the recovery of a sum of money, interest, moral damage .... ”;
• Signature, transcript, date.

Do not forget about drawing up an appeal in two copies, in one of which you need to receive a bank stamp on acceptance. Through a direct link, you will receive a sample application for free and you can easily compose your own appeal on your own.

Cases in which the bank has the right not to execute the enforcement document or delay execution.

The presence of a writ of execution in the hands of the plaintiff gives the subject the right to present the paper with the official seal for execution. Law 229 provides for two ways to submit documentation for reimbursement of claims of the subject:

1. AT regional office FSSP.
2. At the place of residence of accounts (hereinafter r / s) and valuable papers the other party, to a bank, issuer or non-bank credit institution, which is regulated by the provisions and 8¹ 229-FZ; at the place of calculation of salaries in accordance with the provisions of Art. 9 229-FZ.

An attempt can be made to reach an agreement amicably and present a copy of the official decision received in court to the debtor in person or by written correspondence. Any agreements must be carefully recorded and worked out.

The law, providing the winning party with the opportunity to independently present a writ of execution, significantly restrains the requirements for the debtor's material savings.

The claimant may charge:

• financial assets acquired on bank letters of credit.
• securities.
• salary, social security, allowance, or other temporary income, only subject to the repayment of periodic payments, not more than 25 thousand rubles.

The claimant, using the authority for the simplified debt recovery scheme, must follow the following steps in the procedure for submitting documents.

Obtaining information about the debtor's accounts upon request to the bank

The bank representative does not notify about open accounts of the other party and the funds acquired on them, even if a writ of execution has been presented to the bank. To find out the source materials about the r / s on the other hand according to, it is possible when carrying out interrelated actions:

Finding out information about bank accounts, think again, present an official conclusion yourself, or provide work to the bailiffs, because only the original of the act can be submitted at the same time, but the accounts of the other side can be opened in several organizations.

Whereas the bailiff can seize funds in all organizations at once. If the result of the request is negative, transfer the legal paper to the bailiffs.

The algorithm for presenting a court decision at the place of fulfillment of the requirements, where the account of the other party is opened, is regulated by the positions of Art. 8 229-FZ and the regulation of the Central Bank of the Russian Federation dated March 26, 2003 No. 221-P, according to which the plaintiff is obliged:

1. Submit a writ of execution to the bank for presentation.
2. Provide the original document or a duplicate at the place where the recovery is carried out, along with two petitions.
3. If the package of documents transfers confidant the plaintiff, authorized to act on his behalf, a power of attorney is attached to the papers to present a writ of execution to the bank -.
4. The accuracy of the materials and the official conclusion is checked for falsification, at the slightest suspicion of unreliability, the documents are immediately returned to the plaintiff or representative.
5. Accepted papers are recorded in the journal.
6. Petitions in the presence of the plaintiff or representative are signed, marked with the date of receipt and stamped.
7. The original document and a copy of the application remain at the place of the procedure, the other is transferred to the claimant or authorized representative.
8. The institution, during the working day, composes the collection order, writes off the money and transfers the funds to the plaintiff's account in accordance with Art. 8 229-fz.
9. The recoverer within three days receives information in case of immediate execution by the bank of the requirements under the writ of execution.
10. If there are not enough funds, then the requirements of the documentation will not be fully met, but the money is still transferred to the plaintiff. The collection order will be transferred to the card to the account of another person, and as funds come from the bank, they will be transferred to the plaintiff until the claim is completely satisfied.
11. If the other party's account is empty, the claims of the business paper cannot be fulfilled, therefore, the collection order will move to the card to the account of the other party in anticipation of an influx of assets that will be transferred to the plaintiff until the debt is fully repaid.

When the claims of the claimant are absolutely satisfied by the financial institution, the writ of execution will be sent by registered mail sent with notification to the place of issue.

Rules for the withdrawal and return of a writ of execution

If the other party has a letter of credit opened in another institution, and the account to be collected does not meet the requirements of the claimant, then the plaintiff may withdraw the writ of execution:

1. The recoverer submits, at the place of execution of the recovery, a petition for the withdrawal of a writ of execution from the bank -.
2. All applications are certified by signatures, indicating the date of receipt of the application and stamped, one is transferred to the plaintiff, or his representative, the other remains in the credit institution.
3. On the inside of the document, a note is made about the reason for the return, indicating the date of return, and the amount, if any. partial payment, all data are certified by the signatures of the contractor and the chief accountant with a seal imprint.
4. The act is handed over to the plaintiff or representative against receipt on the petition, or sent by registered mail with acknowledgment of receipt.
5. The log records the date and reason for the return. The collection order in connection with the withdrawal of the executive document is moved along with the petitions to the archive.

Having received a written opinion with marks and records, the creditor continues to work on the return of the debt already with another financial institution. In addition, the recoverer may apply to the territorial body of the FSSP to enforce the recovery. Even if there is no money on the account of the other party, the bank is obliged to keep and execute the claims of the court decision and the collection order.

Cases in which the bank has the right not to execute the enforcement document or delay execution

The algorithm for claiming contributions is fixed, which reads:

1. Due to motivated suspicions, a financial institution is able to delay the procedure for a week to verify the authenticity of the paper or the reliability of the information.
2. Failure by the bank to execute a writ of execution is possible due to the fact that the funds stored on the selected accounts have already been arrested, transactions on them have been suspended, in the second case, if the account is empty.

Based on practice, banks try to comply with the conclusion of the act based on the availability of assets from the other side, because non-compliance with the time will be the reason for bringing a financial organization to administrative punishment under Art. 17.14 Administrative Code of the Russian Federation.

A fine equal to 50% of the asset to be collected from the other party, but not more than 1 million rubles, will be charged, if the bank does not justify the rejection factor for the quick execution of claims. As Art. 327 APC RF only court of Arbitration and bailiffs can restrain the requirements of a writ of execution, the bank does not have such competencies.

If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help.

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Categories

• is federal Service bailiffs (FSSP. Activities regulated by presidential decrees, acts of the Government of the Russian Federation, the Ministry of Justice, judicial authorities and Federal laws. CONTENT OF THE ARTICLE: Basic provisions Initiation of enforcement proceedings Enforcement measures Restriction on departure Inventory and seizure of property Restriction on registration actions Incomes on which cannot be levied Completion or suspension of proceedings Debt payment Common Causes incurring debt Conclusion In particular, Federal Law 229, which entered into force on October 2, 2007, regulates: the conditions for initiating proceedings (a set of measures aimed at forcing the defendant to comply with the requirement of the law; types of documents giving the right to an official of the SSP to carry out coercive actions and measures; requirements to registration; deadlines for presentation; reasons for suspension or completion of enforcement actions; rights and obligations of the parties, officials of the BSC; recovery process (seizure of property, seizure, sale, freezing of accounts, withholding from income; rules for notifying the parties about the beginning and progress of enforcement proceedings; the purpose and amount of the fee for the defendant's evasion of the execution of the decision, the terms, procedure for filing, the form of a complaint against the actions of the bailiff Basic provisions The main provisions of Federal Law 229 are indicated in Chapter 1. Article 5 of the law defines the SSP as the body entrusted with enforcement solutions th court, acts of state structures. Bailiffs are officials of the SSP, called upon to carry out coercive actions and measures. Their work should be based on the principles (Article 4: humanity (respect for the personality of a person; reasonableness (the debtor cannot be deprived of the latter); timely execution of executive actions; compliance with the law. According to Article 6, the requirements of the bailiff are subject to mandatory execution by all citizens of the Russian Federation and local self-government bodies. Otherwise, violators may be held accountable. Officials will be entitled to apply enforcement measures, the list of which is specified in chapter 7 of Federal Law 229. The law obliges the FSSP to create and maintain a data bank (6. 1 of the Federal Law. Information on open production ( date, number, claimant, debtor, claim, amount, must be publicly available. At the moment, the information is publicly available on the official website of the SSP. write a statement, attach an executive document (30 FZ. An executive document is an official paper on the basis of which the bailiff has the right to begin the implementation of compulsory measures. Chapter 2 defines the rules for registration, types of such documents. Art. 12 indicates 11 document types. In particular, they include: writ of execution issued by the court of first instance, arbitration body, after the entry into force of decisions, acts; court orders; maintenance agreements, copies certified by a notary; certificates of the labor commission; acts of the FIU and the Fund social insurance; acts, resolutions of other state bodies, officials (traffic police, tax. The collector can send documents through the court office. In this case, you do not need to write an application (30 clause 5 of the Federal Law. Documents received by the FSSP are transferred within three days to an official who will In three days, the bailiff must study the documentation and make a decision. Whether to initiate a case or not. Refusal is possible for the reasons given in Article 31: the address of the SSP is incorrectly determined; there is no application, the signature of the recoverer; the petition for initiation is written indistinctly, with errors, without specifying the details of the court that issued the decision; the execution of the enforcement document does not meet the requirements of Article 13; the time allotted by law for filing the document has expired. The official makes a decision on the initiation of proceedings, which he informs all parties. The document is drawn up in accordance with the instructions of Art. 14 FZ It should contain: details of the SSP; full name, position of the bailiff who opened the case about; the date of the decision; production number; causes of arousal; solution; appeal procedure. But most importantly, the decision determines the time for the defendant to independently, without coercion, fulfill the requirement of the court. If he does not do this voluntarily within the prescribed period, the bailiff will appoint an enforcement fee and begin to take coercive actions and measures regulated by Chapter 7 of the Federal Law. Enforcement Measures The main instruments used by the SSP are enforcement measures and actions. Measures are the actions that an official takes. As a result, the requirements of the court or state body are enforced. According to Art. 68 FZ these include: foreclosure on income, accounts of the defendant; arrest, seizure of property; forced eviction; deprivation of property rights, re-registration to a claimant. The bailiff has the right to apply executive measures subject to two conditions: Proceedings have been initiated. The time given to the defendant for the voluntary execution of the decision has expired. Enforcement actions - measures, by carrying out which the claimant will create conditions that will force the defendant to satisfy the court's request and make it possible to apply enforcement measures (64 clause 1 of the Federal Law. Executive actions are: request, obtaining personal information about the defendant and financial condition; search for a citizen, his property; restriction of the right to drive a vehicle; temporary ban on leaving the country. Departure restriction The debtor will temporarily not be able to leave the country if proceedings are opened against him (67 FZ on: maintenance debt, compensation for moral, property damage, harm to health in the amount of more than 10 thousand rubles; unfulfilled non-property requirement; outstanding debt in the amount of more than 30 thousand rubles If the money is not paid within two months after the expiration of the period given for the voluntary fulfillment of the requirement, the person will not be able to leave the country already with a debt of 10 thousand rubles (67 clause 2 of the Federal Law. Inventory and arrest of property The arrest of property should be understood as the deprivation of the debtor of the right to dispose or use it (FZ 80. The right to dispose means that the property remains with the owner. However, the debtor will not be able to sell, donate or in any other way change the legal fate of the arrested property. This option of arrest is applied, how provisional measure. It can be imposed immediately upon initiation of proceedings, without waiting for the expiration of the period given for the voluntary execution of a court decision (80 clause 1 of the Federal Law. When depriving a debtor of the right to use property, the arrested property is confiscated from the owner, transferred to storage. Subsequently, it is sold at auction or transferred to the recoverer In this case, the arrest takes place in the presence of two witnesses, an act is drawn up, an inventory of property is drawn up. The procedures for seizure, inventory, evaluation, transfer for storage and sale are regulated by Articles 84, 85, 86, 87 and Chapter 9 of the Federal Law, respectively. Arrest is not imposed on property, if the amount under the writ of execution is less than 3 thousand rubles (80 clause 1.1 of the Federal Law. According to Article 69 of the Federal Law 229, first of all, the arrest is imposed on the money and accounts of the debtor. And only when it becomes clear that they are insufficient to pay off the debt, the bailiff has the right seize property (69 p. 3. In addition, the value of the seized property must be commensurate with the requirements (69 p. 2 FZ. An official, for example, is not entitled to seize a car for an unpaid fine in the traffic police. But to impose a ban on the right of the debtor to dispose of completely. Restriction on registration actions A person who refuses to voluntarily fulfill the requirement of a writ of execution will not be able to sell, donate, or inherit the seized property. The bailiff will send a notice of seizure to the advising authorities, providing a guarantee of the execution of a court decision or act of a state body. Incomes that cannot be foreclosed The debtor's cash receipts, which the bailiff is not entitled to foreclose, are defined in Section 101 of the Federal Law. In total, the law lists 21 types of income that are not subject to withholding. These include: compensation for harm to health, loss of a breadwinner; compensation to persons affected by radiation, man-made accidents; medication allowance; social payments for burial. Termination or suspension of proceedings Art. 40 of the Federal Law lists the grounds on which the bailiff must fully or partially suspend the implementation of enforcement actions. These include: the death of the debtor, recognition as missing; loss of legal capacity; passing the bankruptcy procedure by the defaulter; adjudication statement of claim on granting a deferral, installment payment of the enforcement fee; long-term inpatient treatment; petition of a debtor who is in military service. Completion of enforcement proceedings occurs when the reasons specified in Art. 46, 47 FZ. For example, if the bailiff finds out that the debtor has nothing to collect and seize, the case will be closed, in accordance with Art. 46 p. 4. The document will be returned to the claimant. However, after six months, he has the right to re-initiate proceedings. At the same time, the term of the executive document will begin to be calculated anew. The proceedings will be completed if: the debtor satisfies the judgment; the court will require the return of the writ of execution; recognition of the debtor as financially insolvent; The judgment has expired. Payment of the debt The law gives 2 months. for enforcement actions (36 FZ. During this period, the official must collect the debt, force him to fulfill the requirement imposed by law. If a different time interval is indicated in the court decision, the official is obliged to comply with it. The Federal Law provides for a period for the voluntary execution of the court decision by the debtor ( no more than 5 days... At the end, in case of failure to comply with the decision, the bailiff, in accordance with Article 112 of the Federal Law, will impose a monetary penalty on the violator (7%, but not less than 1 thousand rubles.) Frequent causes of debt Statistics show, most often the basis to start production are credit debts.According to VTsIOM in 2018, 57% of Russian citizens had outstanding debts to financial institutions. Over the past eight years, this figure has doubled, experts say. research institute opinion polls. The second most common reason is child support debts. According to the FSPP, in 2018 the number of alimony non-payers increased by 60% and amounted to more than 800 thousand people. The total amount of alimony arrears is considerable - 100 billion rubles. Russian traffic police drivers owe almost five times less. In 2017, the debt of motorists for fines reached 21.6 billion rubles. Conclusion Federal Law 229 has been amended many times since its publication. This was done three times in 2018 alone. The latter will come into force on July 31, 2018. They will touch Art. 6.1. and Art. 13. Deadlines for sending information to the State Information System will be established. The requirements for executive documents have been changed. If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help. "> Enforcement Proceedings
• - this is a legal paper drawn up in accordance with the requirements specified in Art. 13 FZ-229, containing information about the claimant's claim and the order to the bailiff to start recovery. CONTENT OF THE ARTICLE: Concepts and types of executive documents Writ of execution Court order Alimony agreement certified by a notary Certification of the labor commission Acts of regulatory authorities Resolution of the bailiff Executive inscription of the notary What other executive documents are there and what unites them? What should be contained in the document On the basis of the document, the bailiff initiates enforcement proceedings and proceeds to take a number of measures and actions against the debtor. Concepts and types of executive documents Types of executive documents are regulated by Article 12 229 - FZ. These include: Judicial acts, including those on administrative violations, court orders issued on their basis, writ of execution. A notarized contract (an agreement or a copy on the payment of alimony, between the person who is obliged to pay them and the one who has the right to receive maintenance support. Certification of the decision of the commission on labor disputes. Acts of the Pension Fund of the Russian Federation and the FSS on the recovery of funds from the debtor - individual Entrepreneur Decree of a bailiff service Executive inscription of a notary Public acts of tax, customs and other regulatory authorities with the obligatory attachment of documents, where marks of banking, credit organizations in which the debtor has an account, indicating fully or partially withheld funds. Writ of execution (IL - issued on the basis of a judicial act or order, which the plaintiff (the recoverer receives after the entry into force of the court decision. As a rule, this period is no more than 10 days. This is the time allotted by law for appealing the court decision. In some cases demanding their immediate execution, the IL is issued immediately after the decision is made (FZ 138 Code of Civil Procedure 428. You can present the IL within 3 years from the date of receipt (Article 21 clause 1 No. 229, for administrative violations, the presentation period is 2 years (21 clause 1 No. 229. The recoverer can restore the time missed for presentation by submitting an appropriate application to the court the authority that initially issued it, indicating a good reason for the pass and confirming it with documents (GPK 432, 23 FZ-229. In case of loss of IL, the recoverer can apply to the court for a duplicate. The court will accept the petition for consideration if the deadline for presentation has not yet expired (Code of Civil Procedure of the Russian Federation 430 paragraph 1. Within 10 days, the application will be considered and a decision will be made. All interested parties will be notified of the time and place of the meeting. Failure to appear will not be a reason to consider the decision made illegal During the trial, evidence and circumstances of the loss of the document are considered.The refusal of the court to issue a duplicate can be appealed within the time period established by law (430 Code of Civil Procedure of the Russian Federation, paragraph 4. It should be noted that the IL is not an executive document if issued before the entry into force of the court decision (FZ 138 Code of Civil Procedure, article 428, paragraph 4. If it is drawn up with errors and inaccuracies, for example, the debtor's passport data are incorrectly indicated, one of the parties may apply to the court to invalidate the conclusion, which will entail the suspension of the enforcement case until a decision is made on this matter. recoverable, is not more than 500 thousand rubles. The court order is an ID. (Code of Civil Procedure of the Russian Federation 121. The recoverer can independently apply to a banking, credit organization with an application to withhold funds from the accounts of the debtor and transfer them to the current account according to specified details(Article 8, paragraph 1 No. 229. If the plaintiff prefers another method of recovery, then he will contact the bailiff service, possibly within 3 years from the date the verdict enters into force. If the court order is related to periodic payments, then presentation is possible within the entire period during which payments must be made.For example, an order received, with a requirement to withhold funds for alimony, will be valid until the child turns 18 and for 3 years after that.Alimony agreement, certified by a notary Concluded in writing, accordingly, an agreement between a person paying alimony and a person entitled to receive them is an executive document if notarized.In the event of the incapacity of one of the citizens, the agreement is concluded by a legal representative. voluntary agreement both parties, where the amount of the amount to be paid, the terms and method of payment are stipulated (99 of the RF IC. The law provides for the possibility of replacing money with property, changing, terminating by mutual agreement of the parties. The contract can also be terminated in judicial order if the interests of a minor or an incapacitated adult child are infringed (102,103 of the RF IC. An agreement signed by both participants, but not notarized is not an executive document and cannot be presented for initiating enforcement proceedings. Certification of the labor commission In case of questions related to the collection of wages, overtime pay, reimbursement travel expenses an employee, if it is impossible to independently resolve the conflict situation, applies for permission to the labor dispute commission, which is created on their own initiative by the members of the team of the enterprise, organization (Article 384 of the Labor Code. The decision taken by the commission comes into force after 10 days, unless it is appealed by the management, and must be satisfied within the next three days after that.If, after the expiration of the statutory time (13 days), the requirement is not met, the employee should receive a certificate from the labor commission within one month, in order to then defend his rights with the help of a bailiff. apply within 3 months from the date of receipt of the certificate (389 of the Labor Code of the Russian Federation. Violated deadlines for obtaining a document or contacting the bailiff can be restored by the labor commission at the request of the employee indicating a good reason for the absence. Acts of regulatory authorities In case of non-payment individual entrepreneur tax collection, fines for late delivery reporting and penalties Pension Fund(PFR and the Social Insurance Fund (FSS draws up an appropriate act on the forced collection of funds from a person engaged in entrepreneurial activity, and sends him to the bailiff service. Moreover, if an entrepreneur can carry out activities without opening a current account, then in order to initiate enforcement proceedings, it is not required to apply marks of credit and banking organizations. At the same time, if the acts are drawn up by other regulatory authorities (tax, customs or other authorities listed in Chapter 23 of the Code of Administrative Offenses in without fail attached to the acts. Resolution of the bailiff In some cases, the bailiff initiates the initiation of enforcement proceedings on his own. For example, after a change in the circumstances as a result of which the proceedings were suspended (end of military service, discharge of the debtor from the hospital or other reasons specified in Article 40. In the event of termination of proceedings for the recovery of alimony under Article 43, part 2, clause 9 No. 229 , the decision is issued by the bailiff to reimburse the debtor for performing expenses. loan agreement, except for microfinance organizations, if it contains supplementary agreement on the possibility of collecting money by the notary's executive signature, in case of violation of the conditions of one of the parties (Fundamentals of the Law on the Notaries of the Russian Federation, Article 90. The notary puts the inscription itself on a copy of the document that establishes the debt, makes a mark on the original (Article 89 Law on Notaries. Within three days, the notice is sent to the debtor.The executive inscription is placed at the request of the recoverer upon providing the notary with all the documents and a copy of the notice confirming the sending of the data to the debtor at least 14 days before the date of contacting the notary.Within three years from the date of receipt of the ID and one year , if the debtor is not a civilian, it can be presented for the commission of coercive measures and actions by the bailiff. What other executive documents are there and what unites them? Final documents do not always have a property character and entail the recovery of funds or seizure of property. In some cases, they associated with the restoration of illegally dismissed employees ika at work, moving in the plaintiff, transferring the child to one of the parents, demolition of an unauthorized building. But at its core, all executive documents have one general characteristics: they contain a requirement instructing the bailiff to apply coercive measures and actions to the defendant indicated in the document. At the heart of the characteristics of the concept of ID is a forced way of executing what is contained in the requirement. Therefore, warnings, rulings on the imposition of a fine paid on the spot, on administrative arrest or deprivation of a special right (the right to drive a vehicle do not fall under the definition of the document, since they do not order the official to take coercive measures. What should be contained in the document that the ID be drawn up in accordance with the established rules, where the data are clearly stated: the name and address of the authority that issued it; the position and full name of the official; data on the case materials on the basis of which it was issued; the date of entry into force ; information about the recoverer and debtor; details on which the recoverable funds are transferred; the claim itself; other information, in accordance with Article 13 of Federal Law 229. The document is signed by officials and certified with a seal, in the case of a judicial act - a stamp. The bailiff may not open enforcement proceedings, if the ID is issued with errors and inaccuracies, since e This may make it difficult to fulfill this requirement. For example, if the debtor's surname is written illegibly or the details for the transfer are not indicated. It should be noted that the bailiff is a person acting only on the basis of a document and within the framework of the law. If the debtor or the recoverer disagrees with the amount specified in the demand, the authorities that issued the ID should be contacted. The bailiff can only change the amount of the performance fee, reducing it at his own discretion to 1 thousand rubles. "> Executive documents
• there is information in the FSSP database, all databases are updated weekly. Bailiff service - find out the debt CONTENT OF THE ARTICLE: Enforcement proceedings By last name and first name Check by number By order Official website of bailiffs Base of enforcement proceedings of bailiffs bailiffs may limit some of the rights of the debtor until he repays the existing debt. Therefore, if you are going abroad, want to get a loan from a bank, sell a car, or do some other financial deal- It would be useful to find out about problems with bailiffs, so that later you do not face bailiffs blocking your travel abroad or selling your personal car. Checking your debts is a mandatory procedure if you plan to: go abroad, it doesn't matter - for a week on a tourist trip or for permanent residence; take a loan from a bank; sell a car or property; enter into a financial transaction. Even if you do not plan any of the above actions, it is better to periodically check your debts to insure against unpleasant consequences. Enforcement proceedings After the court has ruled in favor of the plaintiff, he receives a writ of execution: a document that obliges the defendant to comply with the court decision, and the bailiffs to open an IP. The case may be opened if the debtor does not pay: communal payments; alimony; money awarded to pay a civil claim; fines; credits, loans and loans. If you have received a writ of execution indicating the case number, you need to find out detailed information about the methods of repaying the debt, sanctions due to late payment, etc. For those who, for a number of reasons, cannot visit the department, the FSSP RF has launched an open database, with the help of which you can not only find out about the enforcement proceedings of bailiffs, its presence or absence, but also pay the debt in the online system. By last name and first name The easiest way to find out debts from bailiffs by last name and first name on the FSSP website, for this you need to fill out a special form, indicating the last name, first name, date of birth in certain fields and click on the "Search" button. We enter data We enter the code from the picture We get the result The system will provide information about the state of delay at the current moment for the requested person or, in the absence of an open IP, will notify that there is no debt. You can check the data on the executive case in several ways: on the official website of the FSSP; in the department of bailiffs at the place of registration; by leaving an application for debt verification on the site. The first way is the fastest, you don’t have to go anywhere or wait for an official answer, it’s enough to have access to the Internet. The debtor not only finds out if he has problems, but can also open the decision, find out the case number, and, if necessary, contact the bailiff directly to clarify the details or ways to pay off the debt. Check by number Since notifications of commenced proceedings have a unique numbering, the open enforcement protocol on the bailiffs' portal can be recognized by the number. In order to check the state of production, the user needs to: go to the official website of the FSSP in his region; click on the "Data Bank" option; select the third option "By IP number"; enter the number specified in the notification in the field that opens and click on the "Search" button. A table will appear in the window that opens, where, if the proceedings have not yet been completed, the user will find the following data: Name of the judicial authority, its address. Date of issue and document number. Amount and term of payment. The rest of the steps are identical to the full name check. By regulation One of the most common types of debt is non-payment of fines for traffic violation, for which, in case of violation of the terms of payment, administrative liability is provided. A driver who has not paid the fine on time may be restricted in the right to drive a vehicle. In the field of activity of the FSSP is the conduct of enforcement proceedings to recover unpaid fines at the expense of the debtor's income. In case of non-payment in deadlines a fine for violating traffic rules, the decision to recover the fine goes to the bailiff service, in turn, the FSSP opens proceedings and sends a copy of the decision to the debtor. When the defendant receives a writ of imposition administrative fine, he can find out the debt from the bailiffs by the order number indicated in the mailing. To do this, on the FSSP resource, you need to find the “By Resolution” tab, enter a unique document number in the field that opens and click the “Search” button, after a while all the information on the required fine will be displayed on the monitor. Such a check should be carried out no earlier than eighty days after fixing the violation. This rule is explained by the fact that sixty days are given for the timely payment of the fine, plus ten days for appealing the decision, plus another ten days for guaranteed payment and fixing it in the databases if the offender managed to pay the fine on the last day of the statutory period . Only after the deadline has passed, if information about payment has not been received, the base of unpaid fines is transferred from the traffic police to the FSSP. Official website of bailiffs Nowadays, having access to the Internet, it is easy to get any information. The data on non-payments according to court documents is no exception. To facilitate the search, as well as to stimulate citizens to pay their debts on time, the official website of the Federal Bailiff Service of Russia has been created, which provides such data in the public domain. On www.fssprus ru it will not be difficult to find out your debt by last name, number of the writ of execution or resolution. There is a standard form that will allow the user to find out if he has unpaid debts and their current status. Using the services of the Internet site is not difficult, you only need to enter the last name, first name, patronymic, or resolution number. However, in order for the required information to be displayed correctly, it is necessary to fill in all the fields without errors, especially when entering a multi-digit order number, since with an error of only one digit, the system or, in general, will not find necessary information, or give it incorrectly. Base of enforcement proceedings of bailiffs Recently, the FSSP posted on its official website electronic bank data of enforcement proceedings, using which you can find out the debt or make sure that it is not there in real time (online. To find out about the presence or absence of penalties, just go to the website of the bailiffs and find out the data in the "Information Systems" section, where to find the "Data Bank enforcement proceedings". On the page that opens, there are tabs: search for individuals by last name; search for legal entities by TIN and PSRN; search for individual entrepreneurs by TIN and PSRN. Let's take a closer look at what the bailiffs' database of enforcement proceedings is. Only cases, according to which the court made an unconditional decision on the payment of debts, among them may be: Collection of alimony if one of the parents evades their payment Court decisions on claims of creditors Decisions on violations of traffic rules for which timely payment of the fine did not occur On the site, except confirmation of the existing debt, you can find information about its structure and type: and unpaid fine, debts for payments on a communal apartment, underpaid tax or something else, and the amount of debt that needs to be repaid. Also, the debtor can pay his debt online. Information on open IP is presented in full, that is, all cases that are opened are necessarily entered into the database of bailiffs, where everyone can find out their debt. Prohibition on the registration of a car by bailiffs The ban on the registration of vehicles is used in situations where proceedings are opened against the owner of the car. After a decision is made to take restrictive measures, the traffic police is notified, in these cases, employees state inspection not entitled to re-register the car until the ban is lifted. The ban will not be lifted until all debt obligations are eliminated. Lawyers recommend checking the debts of bailiffs before the buyer gives money for the purchased car to him former owner, especially if the seller offers to buy vehicle under a general power of attorney, and in no case agree to such a transaction if it turns out that a ban has been imposed on the re-registration of the car. The ban is lifted by the same body that imposed it, and if the car has several bans on different debt obligations, then there should be the same number of decisions on lifting the bans as on imposing. Information systems of bailiffs Information systems of the FSSP make it possible to obtain real-time information about the absence or presence of debts, their size, after fulfilling obligations, control the updating of materials without leaving home. It is enough to go to the FSSP website, select the region and search option, and you will be able to see the debts of the bailiffs by last name and first name, pay them online or find a notice of the bailiff. But the FSSP website is not the only source of such information. You can install the application on your smartphone and, by setting up automatic notifications, receive timely information about debts and their repayment, you can also use the application on social networks Vkontakte and Odnoklassniki, where there is a list of bailiff debtors. Conclusion Summarizing the above, we can conclude: no one is immune from trouble, someone does not repay debts intentionally, someone accidentally finds out that somewhere and once a fine was imposed on him, someone left a small amount underpaid loan, which, due to penalties and interest, has grown to a rather impressive amount. You should not hide from these debts, the bailiffs will still find the debtor sooner or later, and this can happen at the most inopportune moment. The article talks about how you can find out the debt from the bailiffs, this information, if applied, will help to avoid problems in the future. "> How to find out the debt
• ; clarification with clarification of the violated provisions of the legislation or relevant acts. After that, the employer asks the immediate supervisor of the employee for documents confirming the fact of a misconduct, and the penalty for such a situation. After considering the materials received, received on the fact of ignoring the norms of the Labor Code of the Russian Federation and the internal regulations of the enterprise, the employer makes a decision on the guilt of the citizen. Additionally, the severity of the actions of the offender, the consequences of the committed misconduct, as well as circumstances that can be used as positions that contribute to the mitigation of liability measures are taken into account. The employer expresses the chosen instrument of disciplinary action in the execution of the relevant order. The order is provided to the employee for review within three days from the date of publication. If he does not want to sign the order, then in addition it will be necessary to draw up a special act, which specifies such a decision of the employee. Disciplinary proceedings are characterized by specific procedural periods: one month and six months. The penalty cannot be used if more than a month has elapsed from the date of detection of the misconduct. At the same time, this time period does not include the period the employee is on sick leave, vacation, as well as the time required to identify the opinion of the trade union, if it is considered mandatory under labor law. After six months, the actions of the employee cannot be considered from the perspective of disciplinary liability. However, certain exceptions are provided. If during the manifestation of the audit, inspection of financial and economic activities, violations are found, the period during which it is allowed to impose a penalty is increased to 24 months. Additionally: when calculating the term, criminal proceedings are not taken into account. For the same disciplinary offense, an employee may be subject to one disciplinary sanction. However, this statement does not preclude the imposition of administrative or criminal measures. ">Forced recovery
• . The procedure for the sale of seized property in the framework of enforcement proceedings is one of the most effective tools for collecting debts from payers. The measure is carried out in parallel with other methods of influence, such as notifying the employer of the need to withhold funds from wages, imposing restrictions on crossing the state border, or introducing additional fines. Conclusion The regulation of the process is understandable and accessible for study - it is enough to refer to the articles of the Law "On Enforcement Proceedings". Knowledge of the nuances and features will be useful primarily for the debtor himself - if he can prove that the established procedure has been violated, then he has the right to count on a revision of the collection process or a complete cancellation.
• . Chapter 3 of Federal Law 229 determines the procedure for calculating, ending, restoring, suspending, prolonging, interrupting deadlines and the consequences of missing. Calculation According to Art. 15 paragraph 2 of Federal Law 229, the period in enforcement proceedings is measured in days, months, years. Non-working days specified in Art. 112, 111 of the Labor Code are not taken into account. For example, the period for voluntary execution will increase if a holiday or weekend falls (Sunday. Periods are determined not only by a period of time. In some cases, they are set: On a specific calendar date. For example, the defendant must take specific actions by May 20, 2018 (vacate illegally occupied housing , liquidate unauthorized erected structure... At the time of the occurrence of a certain event.For example, enforcement actions are suspended until the debtor's full recovery or demobilization from military service.The countdown begins the next day from the calendar date or from the moment the event occurs (15 p. 3. For example, if a person received a decision on May 20, the time for voluntary execution (5 days will begin to be counted from the next day, that is, May 21 and end on the 25th. The end The end depends on the method of calculation. If the calculation is made in years, then the period should end on the corresponding date of last install ovlennogo year (16 paragraph 1 of the Federal Law 229. If it is considered in days - on the last (16 p. 3. The exception is when the last day is a non-working day. In this case, the end will occur on the next business day. The period measured in months ends on the same calendar date of the last month of the established period (16 p. 2. There are situations when such a date is last month no. For example, within one month from the moment the property is discovered, the bailiff must involve a specialist in the assessment (85 FZ 229. If the date of discovery of the property is January 31, then in next month- February will not be such a date. AT similar situations the law prescribes that the end date be the last day of the specified month. AT this example, this is February 28 or 29 (depending on the year. It should be noted that the time is not considered to have expired if the necessary actions were completed before 24 hours (16 p. 6. For example, the deadline for appealing the collection work ends on the 23rd. If the applicant files a complaint on 23- before midnight, then time will not be lost. A higher person or authority must accept the document, consider and make an appropriate decision. Missing and restoring Failure to meet the deadlines entails liability and does not exempt from fulfilling the requirement the defendant’s unwillingness to voluntarily vacate the occupied living space within the period established by the resolution, the bailiff will impose a monetary penalty and forcibly evict the irresponsible citizen (18 clause 1 of the Federal Law 229. It is important to comply with the deadline when filing a complaint against the FSSP. If you miss the time specified in Article 122 of the Federal Law 229, the applicant will be returned the document and no action will be taken in this case (17 p. 2. However, if there is a respectful ranks of admission, the period can be restored. To do this, the applicant, along with the complaint, must submit an appropriate petition (18 clause 1. The superior person to whom the petition is intended has the right to refuse the request if he considers that the pass is based on minor circumstances. In this case, the applicant will receive a copy of the refusal decision, which the SSP must be sent the next day after the decision is made (18 clause 3. The refusal can be appealed in court (art. 121. The term for considering the citizen’s appeal Consideration of a complaint about the bailiff’s work by a superior person should not take more than 10 days (art. 126. When it should be taken into account that the appeal takes place in the order of subordination, defined by article 123 of the Federal Law 229. As a rule, for greater efficiency, a citizen filing a complaint simultaneously with a similar statement goes to court. The time for consideration of an application sent to the FSSP by mail or electronically through the official website of the service will be about 33 days. Three days are given for mandatory centralized registration, which is carried out by the Records Management Department in accordance with Instruction No. 682 of 10/10/2010. It will take 30 days to consider the appeal itself (12 No. 59-FZ. In special occasions this period can be extended up to 30 more. The applicant will be notified of the extension. Term for initiating enforcement proceedings The procedure for initiating proceedings should not take more than seven days. Three days are allotted for the transfer to the bailiff of the application and documents from the office of the SPP (30 clause 7 of the Federal Law 229. The same amount for the official to study the materials received and make a decision to refuse or open proceedings (30 clause 8 of the Federal Law 229. Weekends are not taken into account, holidays, so the total time to initiate proceedings will increase by one day (in total it will be seven. The period will be reduced to one day if the executive document (ID, prescribes immediate execution. In this case, the application, the case materials are immediately handed over to the bailiff, who within 24 hours must make an appropriate decision. The interval in which the debtor is forced to fulfill the requirements of the ID is two months. Exception: the cases specified in Article 36, paragraph 2-6.1 of Federal Law 229, the period is set in the ID. The calculation does not include situations defined by Art. 36 par. 7 (suspension, postponement of enforcement measures. The limitation period for enforcement proceedings The interval in which the claimant has the right to present the ID for the enforcement of the contained requirements. The ID with a statute of limitations of three years includes: writ of execution issued by judiciary(the calculation is carried out from the date of entry into force decisions taken; court orders. Three months are given to present for collection: certificates of the commission on labor disputes. The countdown starts from the date of receipt of the document; writ of execution, whose missed term was restored by the decision of the arbitration court. Acts of regulatory authorities (tax, customs, FIU must be submitted for enforcement within a six-month period from the date of issue (21 clause 6.1. or return from the bank (in case the defendant's account did not have enough money to pay off the debt. ID on administrative violations are filed no later than two years from the date of entry into force.IDs for the collection of periodic payments have the longest statute of limitations.It is possible to force the debtor to satisfy the requirement for such documents during the entire period when payments are due and three years after the expiration (21 clause 4 of the Federal Law... The countdown, as noted above, begins to occur either from the moment the document is received (certificate of the labor commission, or from the date of entry court order, act into force. But this is not always the case. If the court has postponed or extended the execution of the decision, the countdown should be carried out after the installment has expired, the delay (21 clause 9. In addition, the term of ID can be calculated again, and an unlimited number of times. According to Article 22 clause 1, its course is interrupted when: the creditor has started the ID; the debtor has partially begun to fulfill the demand. The time until the interruption is not counted and receives a new reference point (22 p. 2. If the bailiff completes the proceedings and returns the document to the creditor due to impossibility of execution, the case can be reopened within three years from the date of return of the document.And do this an infinite number of times.ConclusionKnowing the deadlines in enforcement proceedings and understanding the consequences that arise in the event of a violation is useful for both sides of the case.This allows the debtor to minimize or avoid financial losses.For the claimant - to control the correctness of the actions of the FSSP employees and take the necessary measures in a timely manner to get the desired result. "> Deadlines in enforcement proceedings

Is it possible to present a writ of execution to the bank?

A writ of execution is a document on the basis of which funds are withheld from the debtor in favor of the creditor. The basis for its issuance is the relevant decision made by the court and entered into force.

You can collect funds to pay off debt:

• by submitting a writ of execution to the bailiff service;
• by independently contacting a banking organization in which the debtor enterprise has a current account (Part 1, Article 8 of the Law “On Enforcement Proceedings” dated 02.10.2007 No. 229).

To withhold funds from the debtor, the recoverer can use any of the above methods. At the same time, the sequence in which he can apply to the listed bodies is not established by law. This means that he has the right to apply first to the bank, and then to the bailiffs, or vice versa.

When submitting an application, it is worth remembering that the collection of funds can be carried out only during the period for the presentation of writ of execution for production. According to the rule established by Part 1 of Art. 21 of the Federal Law No. 229, this period is 3 years from the date of the relevant court decision. This means that after the specified time, the appeal to both the bailiffs and the bank does not make sense - the right to recover funds from the debtor is canceled.

Which bank should I apply to?

Before applying to the bank with an application for the recovery of funds, the creditor needs to find out in which credit institution the debtor has accounts. In accordance with paragraph 1.1 of Art. 86 of the Tax Code of the Russian Federation, a banking organization is obliged to provide information about an account opened for an entrepreneur to the tax office within 3 days from the date of its opening.

Based on the information received tax office forms a database of accounts used by entrepreneurs. This information is a bank secret and is not provided to third parties without a good reason. According to part 8 of Art. 69 of the Federal Law No. 229, information about bank accounts belonging to a particular organization may be provided to a participant in a lawsuit who is the owner of a writ of execution. In accordance with Part 10 of Art. 69 of Federal Law No. 229, the requested information must be sent to the applicant's address within 7 days from the date of receipt of the relevant application by the Federal Tax Service. The basis for the disclosure of such information is the tax authority copy of the writ of execution.

Answer tax service on the received request may contain information:

• about the presence of open accounts;
• banks in which they are opened.

Information on whether there are funds on these accounts, as well as on their amount, is not provided to the applicant. You can obtain such information by contacting the bank that opened the account for the debtor. The writ of execution is then sent to the bank. How to submit a writ of execution to the bank, we will tell further.

Submission of a writ of execution to the bank: how to do it yourself?

The applicant has the right to deal with the transfer of a writ of execution to the debtor's bank on his own (part 1 of article 8 of the Federal Law No. 229). To do this, you need to get a sheet prepared on the basis of a decision made by the court, draw up an accompanying application and transfer these documents to the bank.

In the event that the interests of the claimant - an individual are protected by a representative, a power of attorney will be required to be attached to the application, giving him the right to carry out appropriate actions. At the same time, the application must contain information not only about the recoverer, but also about his representative (part 3 of article 8 of the Federal Law No. 229).

If the debtor has several accounts in various banks, the procedure for collecting funds can be significantly delayed. The legislator obliges the creditor to transfer the original writ of execution to the credit institution. In this way, the legislator ensures the protection of the rights of the debtor, preventing the occurrence of a situation in which funds will be debited from his accounts simultaneously by several banks.

This means that it will not work to file several applications for debt collection at once. In addition, each time you will have to go through the procedure for drawing up an application for filing a writ of execution with the bank again. You can submit documents for consideration by personally visiting the territorial office of the selected credit institution or by sending a registered letter to its address with acknowledgment of receipt to the recipient.

Contents of the application attached to the writ of execution

According to part 2 of Art. 8 of the Federal Law No. 229, an application containing the following information must be attached to the document:

• details of the applicant's account to which the withheld funds should be transferred;
• if the applicant is an individual: his full name, citizenship, details of a passport or other identity document, residential address, TIN, and (if necessary) details migration card and a document on the basis of which the applicant lives in Russia;
• if the applicant is a legal entity: its name, TIN, PSRN, place of state registration and address of registration.

The term for the execution of orders of the writ of execution by the bank

In accordance with paragraph 2.3 of the Regulations of the Central Bank "On the procedure for receiving ..." dated 10.04.2006 No. 285-P, the bank is obliged to comply with the instructions set forth in the writ of execution within 3 days from the date of its receipt.

It is worth considering the fact that several collectors can apply to the bank at the same time, whose requirements will be satisfied in the sequence determined by Art. 855 of the Civil Code of the Russian Federation. First, the debts that have arisen as a result of harm to the life and health of the claimant are repaid. Then there are wage arrears and tax payments. Claims received from collectors of other private debts are satisfied last in accordance with the calendar sequence. This means that the creditor who filed an application with a request to write off funds from the debtor's accounts before the others will be the first to receive the compensation due to him.

In accordance with Part 5 of Art. 70 of the Federal Law No. 229, the bank is obliged to notify the applicant of the actions taken in relation to the client's accounts within 3 days from the date of fulfillment of the stated requirement.

After the execution of the penalty on the writ of execution, an appropriate mark is made indicating the date of execution. The document itself is transferred to the authority by which it was issued. If the funds placed on the debtor's accounts were not enough to satisfy the creditor's claims in full, a note is made on the sheet containing information on the amount of the payment made (part 10.1 of the Federal Law No. 229).

For failure to comply with the instructions established by the court, a banking organization may be held liable in accordance with Art. 332 APC RF.

How to withdraw an application for the presentation of a writ of execution to the bank?

The applicant has the right to withdraw the previously submitted application to the bank on the writ of execution. For this, in accordance with paragraph 1 of part 1 of Art. 46 of Federal Law No. 229, he needs to send a document containing the corresponding declaration of will to the credit institution. The legislator has not established requirements for the form and content of such an application, however, for successful consideration banking organization should include in it:

• the name (or full name) of the debtor and creditor;
• details of the executive document previously submitted to the bank;
• the name of the body that made the decision to collect the debt from the client of the bank forcibly;
• the amount of recovery;
• a request for the return of a writ of execution, as well as the reason why such a need arose.

The procedure for returning a writ of execution consists of the following stages:

1. The recoverer draws up an application for the return of the writ of execution submitted to the bank.
2. The bank considers the appeal and makes a decision to transfer the document to its owner.
3. In the registration journal, bank employees make a record that the sheet was handed over to its owner; the document is stamped by the institution, certified by the signatures of the responsible accounting officer and the chief accountant.
4. The creditor takes the document and confirms the fact of its receipt by signing the application.

So, the legislator allows the recoverer to submit a writ of execution to the bank on his own. A prerequisite for the emergence of such a right is the presence of an appropriate court decision, as well as a writ of execution issued on its basis. In order to write off the funds available in the debtor's bank accounts to pay off the debt he has formed, it is necessary to send a writ of execution to the bank, attaching an application with the appropriate declaration of will to it. If the funds on the accounts opened with the bank are not enough to fully repay the debt, the bank writes off the available money, and returns the writ of execution with a mark of partial write-off to the recoverer.

To enforce the actions specified in the court decision. If the subject of the claim were material claims against the defendant for the obligation to pay sum of money, then the executive document should indicate amount due to transfer or transfer of funds.

After the court decision becomes legal, the plaintiff has the right to receive a writ of execution and from that moment on he is already called the exactor.

The functions of implementing a judicial act are assigned to a service that has certain powers aimed at forcing the debtor to pay the debt or, through the measures specified in the law, withdraw money from the cash desk or write off from his current account.

The process of presenting a writ of execution and further actions of the bailiff are set out in Federal Law "On Enforcement Proceedings", in accordance with the provisions of which, the initiation of the procedure is given 3 days and 5 days given to the debtor for the voluntary transfer or transfer of money.

If the debtor does not intend to pay, then the bailiff will be forced to take the following actions:

• send requests to the registration authorities about the presence of real estate or vehicles;
• receive information from the tax authority on open current accounts in banks;
• send requests to the bank to provide information on the availability of funds in the accounts and deposits of the debtor;
• go to a house or organization to seize cash.

The executor is given a term at 2 months so that he would fulfill the requirement of the exactor, but in real life everything turns out far from the way it is prescribed in the regulations.

The bailiff can be extremely busy, he has a huge number of industries, he works 12-14 hours a day and still does not have time.

Not all creditors in enforcement proceedings know that you can get the money due much faster and without unnecessary hassle and endless trips to the bailiff.

The legislation grants the right to enforce court decisions not only to the bailiff service, but also to credit institutions - banks, if we are talking on the recovery of money.

The procedure for presenting a writ of execution to the institution

A bank whose license has not expired or been suspended is entitled to accept from the recoverer enforcement documents issued by the court: sheets or orders and carry out actions to debit funds from the debtor's account, including from a settlement, loan or deposit account.

The recoverer, who has information that the debtor has accounts in a particular bank, can send the sheet directly there, bypassing the bailiffs. If the credit institution and the creditor are located in the same city, then it is better to come there yourself or send a representative by proxy.

Citizens who give representative functions to their lawyers or other persons must certify the power of attorney before a notary.

The demand for execution must be formalized in an application in which information must be provided:

1. account details or bank card creditor for crediting debited funds;
2. passport data;
3. home or legal address;
4. TIN, if any;
5. for foreigners, information from the migration card.

Note! The recoverer should not know the numbers of the debtor's accounts from which the recovery will be made, the bank does not require them to be reported.

The application must be accompanied by the writ of execution itself in the original, copies of the applicant's documents, the representative's power of attorney.

You can send an application by mail if the bank is located in another locality.

It is easier for recoverers who are creditors of legal entities and individual entrepreneurs to obtain information about their debtor's accounts. The Law on Enforcement Proceedings gives them the right to apply with a request for information to the tax authority in which the debtor is registered. This is possible if the deadline for presenting the sheet has not expired.

Tax legislation obliges all legal entities and entrepreneurs that have opened settlement accounts with credit institutions to notify the IFTS in writing within 7 days about the fact. In this connection, the inspection has a database of all accounts of organizations and enterprises, as well as individual entrepreneurs. The response to the request must be provided within the same seven days.

In cases where the debtor has several accounts open and in different banks, then you will have to present the sheet alternately to each, because it often happens that a legal entity and an individual entrepreneur works with only one of them. And in order to find out with which one specifically, you will need to submit a document in one of the available ones, wait, if execution does not occur, then you will need to withdraw it and go to another.

Bank, in case of return of the enforcement document without execution or with partial repayment debt is obliged to put a mark on the back of the sheet, indicating the date and amount transferred to the recoverer. The signature under the stated must perform Chief Accountant or his deputy, affixed with the seal of the bank.

Execution by the bank of the presented sheet

Having received the executive document, the credit institution is obliged to register it in a special journal. Then, a verification of the fact of bank accounts opened by the debtor should be carried out. Upon confirmation, the amount indicated in the writ of execution must be immediately debited and sent to the details of the claimant.

The phrase "immediately" means that on the same business day, in the same cases when the sheet is received after its completion, late in the evening, the write-off actions must be carried out the next morning.

The bank is deprived of the right not to comply with the requirements of the writ of execution, but if the debtor does not have funds in the account or they are arrested or all operations are suspended, then the bank's actions to refuse will be lawful.

If there is not enough money in the debtor's account, the bank debits them as they become available, until the debt is repaid in full or the sheet is recalled.

If the bank doubts the authenticity of the sheet presented by the claimant, then it has the right not to execute it until all the circumstances are clarified. He is given for verification 7 days, during which he can send a request to the court that issued it, but at the same time he is obliged to suspend all operations on the debtor's account within the amount to be recovered.

If the debtor has several accounts in one bank, money is debited from all of them until the obligation is fully fulfilled.

The claimant must be notified of all payments made in the way that he indicated when submitting the application, for example, by e-mail or by regular mail. An attempt by the applicant to learn about the progress of the execution over the phone is doomed to failure, since the bank should not provide such information to a person whom it cannot identify.

Also, the bank will not report the receipt of money to the debtor's account, the presence of other creditors to whom the money is transferred, since this information is protected by law on banking and belong to the secret, not subject to disclosure to unauthorized persons.

Important! At the same time, it is also necessary to take into account such a moment that the debtor has other creditors whose claims are confirmed by judicial acts and in case of a shortage of funds in the account, they will be distributed in the order established by Article 855 of the Civil Code of the Russian Federation:

1. the first priority - payments for compensation for harm to the life and health of citizens and maintenance obligations;
2. on court orders or writ of execution for the recovery of wage arrears;
3. obligations to pay employees and tax payments;
4. on other executive documents;
5. other payments in order of calendar priority.

Having executed the document presented by the claimant in full, the bank is obliged to return it to him with a mark on the completion of settlements.

Frequently Asked Questions from Claimants

Collectors discuss and ask questions at legal forums on enforcement proceedings, in particular, on presentation of a sheet to the bank. We will give the most frequent of them, and try to answer for clarity.

How to find out the bank and details of the debtor if he is an individual?

Unfortunately, this is impossible to do, since this information is a personal banking secret and cannot be disclosed. But there is one way to do this through the bailiff, submit a writ of execution to the FSSP and ask the service employee to make requests to banks for full information, not only about personal accounts, but also on deposits.

The bailiff must provide the answers received from the banks for review, and then the recoverer can withdraw the sheet and present it to the required bank himself as soon as possible.

What to do if the debtor has accounts in different banks, and even in different cities?

Under such circumstances, it is better to send the sheet to the bailiff service, since they have more powers, and within the framework of the powers assigned to him by law, he can quickly seize all accounts, including those in other cities.

If the claimant has information that most of the turnover on the account falls on a particular bank and it is in another city, then it is better to send the sheet by mail or to expedite it by express mail.

Presenting a writ of execution directly to the debtor's bank can significantly speed up the collection process, but if the accounts are opened in different credit organizations, and there is only one document issued by the court, then in the absence of information about the state of the account, the process of obtaining a debt can be delayed. In this case, it is better to submit a sheet to the bailiffs and rush him in his actions.

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