The procedure for submitting a writ of execution to the branch of the defaulter's bank. Presentation of a writ of execution to the bank Actions of the bank upon presentation of a writ of execution

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 I think I’ll run into a bank, the debtor’s counter is not reliable, they can close, if something is withdrawn from the bank as losses, they say, while they were arguing - money bye-bye, How do you think, this option will work.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 an ordinary person, but an officially registered legal entity.

And according to the law, each organization must report comprehensive information about its accounts held in any banking structure to the Tax Inspectorate 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 fully implemented due to the fact that the cash equivalent of 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 natural person; 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.

The writ of execution, arriving at the bailiffs, will be registered within three days, then the law allocates the same amount of time for making a decision on enforcement.

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 in 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” dated 02.10.2007 N 229-FZ, Regulation of the Central Bank of the Russian Federation “On the Procedure for Acceptance and Execution by Credit Institutions, Subdivisions of the Bank of Russia Settlement Network of Executive Documents Submitted by Claimants” dated 10.04 .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 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 there are not enough funds, 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 of the Central Bank of the Russian Federation No. 285-P dated April 10, 2006 “On the procedure for accepting and executing by credit institutions, subdivisions of the settlement network of the Bank of Russia executive documents presented by collectors”.

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 claimant 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 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.

(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 an 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, local governments, 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 02.12.1990 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 - initiation of proceedings, a voluntary period for satisfying claims, searching for bank accounts, the term 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, you will need to present a writ of execution to a 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 presenting a writ of execution and further actions of the bailiff are set out in the 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 a court decision.

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 the period established by law: three years from the date of issue of the 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 Bank of Russia settlement network of 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 claimant 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. Only endless annoyance to state bodies, going 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 the mandatory points of the application 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___. on the basis of the decision of "______" _______________ 20____ in civil case No. _______________ on the recovery of a sum of money, interest, non-pecuniary 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.

The ability to send a writ of execution directly to the debtor's bank is a procedure that, in some cases, allows you to expedite collection and reduce bureaucratic red tape for a person planning to receive their legitimate money. However, there are a number of nuances that must be taken into account when submitting documents on the enforcement of a court decision to the debtor's bank. What are these nuances, further in the review.

Right to apply

A writ of execution is an official document issued to a creditor on the basis of a court decision. In Russia, the procedure for the execution of court decisions is determined by the Federal Law "On Enforcement Proceedings" (hereinafter - Federal Law 229).

According to the norms of this law, writ of execution (IL) for collection can be submitted:

to the bailiff service;

directly to the defaulter's bank to claim the debt directly from its current account.

The PI recipient has the right to use one of the specified procedures for enforcement. At the same time, he should not submit documents first to the bailiffs, and then to the bank, or vice versa.

The only requirement is the presentation of a writ of execution within the period established by law: three years from the date of issue of the IL. After this period, neither the bank nor the bailiffs will accept IL for enforcement.

But when choosing the order of the compulsory requirement, it must be remembered that only one IL is issued to the recoverer. It will not work to submit it to two instances at once, since, in accordance with the requirements of Federal Law 229, the applicant is obliged, among other things, to attach the original writ of execution to the application to the executive service or to the bank.

This ensures the protection of the debtor's rights, which may be violated due to excessive collection (for example, both the bank and the bailiffs will recover the amount indicated in the IL).

What sheets do banks accept?

Before submitting a writ of execution to the bank, the recoverer is obliged to clarify whether this document is subject to execution by the bank or not.

Banking institutions do not have the right to refuse to accept IL, for which it is necessary to recover from the debtor:

the amount of debt recognized by the court under civil law contracts;

compensation awarded by the court for property and non-property damage;

fines, penalties.

The financial institution will not collect from the accounts of its clients on the court enforcement orders presented by the debtor, alimony in favor of the children or other members of the debtor's family. Defaulters make payments of this nature either voluntarily or at the request of a bailiff.

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

The procedure for presenting IL to the debtor's bank is determined by Art. 8 FZ 229. According to this rule, the recoverer, who has information about the debtor's current account, must send to the bank where this account is opened, an application for collection and attach the original IL to the application.

At first glance, it seems that presenting a writ of execution to the debtor's bank is as easy as shelling pears. However, this is far from the case, and sometimes the procedure for cooperation with bailiffs is more efficient and effective for the debtor.

Even at the initial stage, the lender faces a number of difficulties that cannot always be resolved:

it is quite difficult to obtain up-to-date and reliable information about actively operating bank accounts of an individual or legal entity;

banks do not want to accept court documents for execution, trying to refuse a creditor for any formal reason.

Therefore, do not rush to make a decision in favor of self-collection on the basis that by submitting a writ of execution to the debtor's bank, you can significantly speed up the time of settlement of the defaulter. Often this step only complicates the procedure for the lender to receive the money due to him.

How to find out the accounts of the debtor

As a general rule, information about bank accounts of legal entities and individuals is classified and protected information that banks can provide only to specially authorized bodies upon a written request, and only if there are legal grounds.

Collecting money from a debtor is not a legal reason for a bank to disclose banking secrecy, so if you directly contact the bank management with a request to provide information about whether the defaulter is a bank client and what is the number of his current account, then with one hundred percent probability you will be refused.

The only way to obtain reliable information on legal entities is to apply with a request to the tax office at the place of registration of the debtor. The address of registration of legal entities is open information and can be found out even during the trial.

Finding out in which bank there is a current account of an individual is almost impossible. There are no organizations that could provide such data. The creditor can find out the account number only if the debtor himself informs him of this information.

But, in any case, no matter who your debtor is (individual or legal entity), send a written request to the Federal Tax Service with a request to provide information about the debtor's bank accounts.

This right of the claimant is provided for by Art. 69 FZ 229. The request must contain the following information:

debtor data;

information that the request is submitted in connection with the execution of a court decision;

name of the court that issued the IL;

number and date of IL;

collection period;

information about the claimant (his initials and postal address to which a written response to the request can be sent).

By law, the Federal Tax Service must respond to such an application within 10 calendar days from the date of receipt. If there is no answer, then the tax actions can be appealed in court.

You should be aware that the Federal Tax Service does not provide information on the amount of money in a person's bank accounts and whether such an account is active or inactive.

Making an application

The collector, who has received information about the banks in which the debtor has accounts, must choose only one current account and submit an application for debt collection from this account. In fact, the creditor must choose blindly, since he does not have any information about whether there is money in this account or not.

If the recoverer nevertheless stopped the choice on one account, then he must send an application to the servicing bank for the presentation of a writ of execution for collection. A sample application can be downloaded here: application for recovery on behalf of a legal entity.

The lender must provide the following information in the application:

full name of the bank and its legal address;

information about the court decision and the writ of execution (number and date of its issuance);

amount to be recovered;

request to fulfill IL;

an indication of the payment details of the creditor, according to which the amounts of IL should be transferred in favor of the recoverer.

For businesses, this is the director or any other person acting by proxy. A power of attorney may be the basis for signing an application for recovery only in cases where it expressly provides that the principal authorizes the attorney to sign and submit writ of execution for recovery.

Order of execution

In the event that the bank has accepted the IL for execution, the documents sent by you are placed in the so-called file cabinet and are waiting for their turn to be executed. It should be noted that very often problematic legal entities have a large number of creditors, among which there are state institutions, other banks, and employees who did not receive wages on time.

Writs of execution from private collectors in banks are executed in the very last turn, after the collection of credit, tax and salary debts. In addition, even those creditors who applied before you have the right to receive money in payment for their IP before you.

This is another reason that practically nullifies the possibility of collecting a debt directly through the submission of IL to the debtor's bank.

Period of execution

Federal Law 229 does not establish a period during which money must be collected under a writ of execution. Proceedings are terminated only in connection with its actual execution or at the request of the claimant.

Despite the fact that in fact there is no deadline for the execution of an IL by a bank, and documents can lie in bank file cabinets for twenty, and thirty, and fifty years, creditors are not recommended to delay the debt collection procedure through the debtor's bank.

If the money for IL has not been transferred within two months from the date of submission of documents, then there is a high probability that they will never be transferred.

Therefore, in order to manage your rights as a recoverer as competently as possible, it is recommended that after 2 months from the date of sending the IL to the bank, file an application for its return and then carry out collection procedures only through bailiffs.

When deciding to place a writ of execution in the card file of the debtor's bank, the creditor must have reliable information about the accounts of such a debtor, as well as that settlement transactions are carried out on these accounts. Otherwise, the submission of documents for collection to the defaulter's bank will only delay the entire procedure for obtaining a debt under a writ of execution.

Often, a person planning to recover money from a debtor is unwilling or, for certain reasons, cannot wait until he goes through many instances and ends up in a bank. Therefore, sometimes the plaintiffs send this document on their own directly to the debtor's bank, from which it is planned to recover funds.

In general, a writ of execution is a paper that gives the creditor the right to use coercive measures when receiving his funds, however, a list of permissible actions is indicated in court in the same document. If material assets were the subject of the dispute, then the writ of execution must also contain the amount of the penalty. From the moment of receipt of this document, the plaintiff acquires the title of claimant.

So, after receiving a writ of execution, the recoverer has the opportunity to apply to the court on his own, or he can contact the bailiff service so that they are already involved in the collection process.

How does the bailiff work

By law, the bailiff is obliged to act according to a special algorithm:

1. The bailiff finds out from the relevant authorities about the debtor's vehicles and real estate by sending requests to the organizations.
2. Also, the bailiff has the opportunity to obtain information about bank accounts through the tax service.
3. Next, the performer contacts the banks with requests for information about the same bank accounts - about their existence and the availability of funds.
4. And finally, the arrest of the debtor's property. The bailiff directly comes to the house or organization of the debtor.

The law gives the bailiff 2 months to perform these actions, but in practice, not everything always happens that way. The bailiffs have a lot of work, and they do not always have time, so the claimant can take on some of the duties.

Is it possible to act through both instances

Of course, the creditor wants the most efficient, that is, quick and less bureaucratically complicated return of his finances. Maybe it's worth sending a writ of execution to both the bailiff service and the debtor's bank? Actually, it's impossible. The law protects the rights of both the claimant and the debtor. If he is influenced from both sides, it will be a violation of his rights and interests. And it may also happen that both the bailiffs and the bank will recover the required amount from the debtor.

Therefore, the plaintiff will have to choose which path is most preferable for him - he will act independently or use the services of bailiffs.

The security of the debtor in this matter is ensured by the fact that the writ of execution is issued in only one copy, and the bank and bailiffs must present the original.

The procedure for transferring a writ of execution to the debtor's bank

If the recoverer knows which particular bank the debtor uses, then he has the opportunity to apply there directly, bypassing the service of bailiffs. After that, the bank, having received the necessary documents, can write off the required funds from the accounts of the debtor.

Important - you need to make sure that the bank's license has not expired or suspended, only then the bank has the right to accept writ of execution and make write-offs.

If the bank is located in the same city where the collector is located, then in order to increase the efficiency of collection and cooperation with the bank, he should personally appear at the bank branch or send an official representative with documents. The power of attorney to the person who will cooperate with the bank must be documented and certified by a notary.

List of documents to be submitted to the bank:

• Original writ of execution.
• Copies of documents of the claimant.
• Documents for a power of attorney (if the plaintiff cannot appear in person).
• Application containing the full name of the claimant; details of his bank account, where the funds should be transferred; passport data; address of the plaintiff (legal or actual); TIN (if any); information from the migration card (if the claimant is a foreigner).

If the plaintiff is not able to personally or through an authorized person take the documents to the bank, then this can be done by postal parcel.

In general, the claimant cannot obtain data on the debtor's bank accounts, but if the claimant is a legal entity, a creditor, then he can send a request to the tax service, to the one in which the debtor is registered. But this can only be done if the term of the writ of execution has not yet expired.

If the debtor uses the services of more than one bank, and it is impossible to submit a writ of execution to several at once (why, explained above), then the recoverer will have to submit the sheet to one bank in turn, in case of an unsuccessful outcome, pick up and carry documents to the next bank. When returning a writ of execution in case of non-satisfaction with the request of the recoverer or partial transfer of funds, the bank must, on the other side of the sheet, put a note on the amount of the transfer (if it was made) and the date the document was returned. These data must be signed by the chief accountant or a person replacing him, and the seal of the bank is also required.

So, after a court decision is made in the case of collecting debts from a citizen, the plaintiff acquires the status of a "collector". After that, he has the opportunity to choose whether to independently deal with the return of his funds or turn to the help of bailiffs.

Civil law relations between subjects that are part of everyday economic life often entail the formation of obligations for one of them in relation to the other. At the same time, both individuals and legal entities can be participants in such relations, and the nature of the obligations formed as a result of their existence can be very diverse. For example, one person may undertake to transfer to another an object, thing, value or amount of money, provide him with any service or perform some work for him.

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. First, by signing it, the parties thereby confirm that they have understood all the conditions for the fulfillment of the obligation recorded in this document, and agree with them. Secondly, since the written form of the contract usually contains the full amount of information about the parties that are participants in civil law relations recorded in it, such information makes it possible to uniquely identify the parties if such a need arises. Finally, fixing all the conditions, obligations and rights of the parties within the framework of these civil law relations is necessary in the event of a conflict between the parties regarding the execution of the terms of the contract. It is especially useful to have a written contract if it is necessary to resolve such a conflict within the framework of litigation.

Opportunities to protect the legal rights and interests of the creditor

A significant part of such conflicts that arise between the parties, one of which is the debtor, and the second is the creditor, is associated with improper fulfillment of the terms of the contract by the debtor or his evasion from fulfilling his obligations. So, for example, if the terms of the contract require a monthly transfer of a certain amount of money to the creditor, the debtor may delay payments according to the schedule, make amounts of money that do not correspond to the agreed amount, or simply not make payments under the contract. In all these cases, the creditor, who is actually the injured party, has the right to apply to the judicial authorities with a statement of claim to protect their legitimate rights and interests.

Such a statement of claim, in addition to the requirement to recover the amount of money in accordance with the terms of the concluded contract, must contain several more elements necessary for the judicial body to correctly consider all the circumstances of the case. So, in particular, when drawing up a claim, the creditor should take into account the provisions of Article 131 of the Civil Procedure Code of the Russian Federation, which establishes that the statement of claim must contain not only the designation of the amount of money to be recovered from the defendant, but also the mechanism for calculating it so that this mechanism could be tested by experts. In addition, all documents confirming the grounds for the emergence of a right of claim from the creditor in relation to the debtor should be attached to the statement of claim. Such a document may be, for example, an agreement concluded between the creditor and the debtor.

If all the documents collected by the plaintiff are executed correctly and really confirm the fact that the debtor has an outstanding obligation to him, the judicial authority, having considered all the documents submitted and the circumstances of the case, will make a decision confirming the right of the plaintiff to recover the amount of money in accordance with the content of the claim with defendant. Such a decision, as a rule, is contained in a special document - a writ of execution, which contains the essence of the decision taken by the judicial authority.

Collection of funds through enforcement proceedings

By itself, the writ of execution received by the applicant does not yet mean the automatic receipt of the funds due to him by the plaintiff. The standard procedure for recovering the required amount, which is provided for by the writ of execution, implies an appeal to the executive bodies, which must carry out the execution of the court decision. In accordance with paragraph 1 of Article 30 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”, the initiation of enforcement proceedings aimed at recovering the necessary amount of money from the defendant is carried out by an employee of the Federal Bailiff Service at the request of the plaintiff, who must attach to to his application a writ of execution confirming the legitimacy of his claims.

The presence of these two documents is a prerequisite for initiating enforcement proceedings: if there is no application or writ of execution, this will make it impossible to exercise the powers of the bailiff. However, it must be borne in mind that even if the necessary procedure for initiating enforcement proceedings is followed, the recovery process can be very lengthy. The bailiff will take time to assess the debtor's ability to fulfill his obligations, determine exactly how he can fulfill them, impose an appropriate penalty on him or take other necessary measures to enforce the court decision.

Collection of funds by presenting a writ of execution to the bank

At the same time, the current legislation provides for opportunities to simplify this procedure if the creditor is aware of the existence of a valid account of the debtor in any bank.

Thus, knowing that the debtor has funds in a particular banking institution in an amount sufficient to satisfy his claims, the creditor can apply directly to this bank in order to receive the necessary amount of money.

Such an opportunity is provided for the creditor by the provisions of Article 8 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”. The specified section of the regulatory legal act establishes that a person who, by a court decision, has the right to receive funds from the debtor, has the right to apply directly to a banking institution for the implementation of such a recovery, presenting a writ of execution confirming the eligibility of his requirements.

The procedure for accepting for consideration and execution of the applicant's claim, which confirms the writ of execution, in such a situation is established by a special document - Regulation of the Central Bank of the Russian Federation dated April 10, 2006 No. documents submitted by claimants. This regulatory legal act establishes that a plaintiff applying to a banking institution with a demand to levy a penalty on funds belonging to the debtor must draw up an appropriate application, attaching to it a copy of the document confirming the decision by the court on this issue, which is the executive sheet.

In this case, the applicant, when submitting an application, should be guided by the provisions of paragraph 2 of Article 70 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”. This section establishes that an applicant who has presented a valid writ of execution must not provide an algorithm for calculating the amount to be recovered, since the correctness of this calculation has already been verified by the judicial authority in the course of the proceedings.

The procedure for transferring funds from the debtor's account

The receipt of such a document by specialists of a banking institution is required to be recorded in a special journal, which is maintained to summarize information about such statements. At the same time, the Regulation of the Central Bank of the Russian Federation of April 10, 2006 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 collectors” does not establish a special form for maintaining such a journal, that is, each bank has the right install it yourself. In addition, when making a note in the journal about the acceptance of such an application, the bank employee is obliged to fix the corresponding mark on the application itself, indicating the date of its acceptance.

The further procedure for the implementation of the court decision in accordance with the conditions prescribed in the Regulation of the Central Bank of the Russian Federation of April 10, 2006 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 claimants” is carried out quite quickly . Having received an application supported by a writ of execution, the bank must draw up a collection order containing information about the recipient, which is the person who submitted the claim for the recovery of funds, his account number and the purpose of the payment. Specific requirements for the preparation of such a collection order are established by the Regulation of the Central Bank of the Russian Federation dated October 3, 2002 No. 2-P “On non-cash payments in the Russian Federation”.

Then the specified collection order must be executed, and the period of its execution in accordance with Regulation No. 285-P should not exceed 3 days from the moment the bank receives the application from the recoverer. After all the necessary calculations have been made, the package of documents in this case, including the claimant's statement, a copy of the writ of execution and the executed collection order, must be placed in the archive, where it must be stored for the period established by applicable law.

If the amount of funds on the account of the debtor to whom the recovery is brought is insufficient to fully satisfy the applicant's claims, such a claim will be partially executed in the amount corresponding to the amount available on the debtor's account. If additional funds are received on the debtor's account, they will again be transferred by the bank to fulfill the applicant's demand. The banking institution will take such actions until the requirements of the latter are fully met. At the same time, each time the bank transfers additional amounts of money from the debtor's account to pay off the applicant's claim, it must inform the latter of the fact of the transfer of funds so that he can check their receipt on his account.

Completion of calculations

Thus, after the completion of all calculations in the amount provided for by the writ of execution, the transfer of funds from the debtor's account is completed, and the case is transferred to the archive. Execution of settlements may be terminated for other reasons. Thus, paragraph 10 of Article 70 of the Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings” establishes that another basis for completing the proceedings may be a personal statement of the creditor that he requires the termination of the transfer of funds.

By law, the bank is obliged to withdraw money from the debtor's account within three days. Regulations on the procedure for accepting and executing by credit institutions, subdivisions of the Bank of Russia settlement network of executive documents submitted by claimants (approved by

Bank of Russia 10.04.2006 No. 285-P). If there is money on the settlement account of the company - the debtor, then the bank is obliged to transfer the required amount to the recoverer within three days.

What is the deadline for execution of the writ of execution

In what terms and is it possible in principle to re-renew enforcement proceedings?

According to Article 46 of the Law on Proceedings, the return of the document to the recoverer is not an obstacle in order to re-submit the document for execution within the period established by Article 21 of this Federal Law. Writs of execution issued on the basis of judicial acts may be presented for execution within three years from the date of entry into force of the judicial act or the expiration of the period established when granting a deferral or installment plan for its execution.

The recoverer, who has information that the debtor has accounts in a particular bank, can send the sheet directly there, bypassing the bailiff service.

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. FULL NAME; details of the account or bank card of the claimant for crediting debited funds; passport data; home or legal address; TIN, if any; for foreigners, information from the migration card.

Presentation of the executive document to the bank

If there are enough funds on the account to fully fulfill the requirements, the bank will transfer them to the claimant in just three days. Partial fulfillment of the requirements is also possible. Such an operation is performed when there is not enough money in the bank account.

In this case, the maximum possible amount is transferred in three days. If more funds are received on the debtor's settlement account in the future, they will be automatically transferred to the recoverer until the full repayment of the debt is fixed.

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

Defaulters make payments of this nature either voluntarily or at the request of a bailiff. The procedure for presenting IL to the debtor's bank is determined by Art.

8 FZ 229. According to this rule, the recoverer, who has information about the debtor's current account, must send to the bank where this account is opened, an application for collection and attach the original IL to the application. At first glance, it seems that presenting a writ of execution to the debtor's bank is as easy as shelling pears.

Department of Banking Audit on the actions of the Bank when accepting a writ of execution and a claimant's application in the absence of funds in the debtor's bank account

about which, within three days from the date of their execution, he informs the recoverer or the bailiff.

By virtue of the requirements of paragraph 7 of Article 70 of Law No. 229-FZ, in the event that a bank or other credit institution receives an executive document directly from the recoverer, the claims contained in the executive document for the recovery of funds are carried out by transferring them to the account indicated by the claimant.

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

Even in the event that either an individual entrepreneur or legal entity does not independently send information to the tax office, the bank is obliged to notify it of opening a new account.

The tax office keeps the entire list of information about open accounts. Information comes from both the bank and the organizations themselves. This information is available to the creditor if he initiated a court case.

To obtain the required data, it is necessary to submit a request to the tax office for information on the availability of open accounts.

Writ of execution: where and how to get

The exception is when the decision must be executed immediately after its announcement. For example, this applies to cases of debts for alimony or labor disputes. Important! The writ of execution of the court instead of the recoverer may be taken by his authorized representative.

It is better if it is an experienced, qualified lawyer. The power of attorney must be issued by a notary. At the request of the claimant, the court is also entitled to send a sheet for execution.

Federal Law of 02.10.2007 N 229-FZ
(as amended on 07/18/2018)
"On Enforcement Proceedings" 1. An executive document on the recovery of funds or on their arrest may be sent to a bank or other credit organization directly by the recoverer.

"Regulations on the procedure for acceptance and execution by credit institutions, subdivisions of the settlement network of the Bank of Russia of executive documents presented by recoverers"
(approved

Bank of Russia 10.04.2006 N 285-P)
(as amended on 08/01/2018)
(Registered in the Ministry of Justice of Russia on May 6, 2006 N 7785) Chapter 2.

A writ of execution is a document that gives the right to the recoverer to enforce the actions specified in the court decision. If the subject of the claim were material claims against the defendant on the obligation to pay a sum of money, then the executive document must indicate amount due to transfer or transfer of funds.

The functions for the implementation of the judicial act are assigned to the bailiff service, 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 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.

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 procedure for presenting a writ of execution to the institution

A bank whose license has not expired or been suspended is entitled to accept enforcement documents issued by the court from the recoverer: 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. details of the account or bank card of the claimant for crediting debited funds;
2. passport data;
3. home or legal address;
4. TIN, if any;
5. for foreigners, information from the migration card.

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.

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 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.

The bank, in case of return of the executive document without execution or with partial repayment of the debt, is obliged to put a mark on the reverse side of the sheet, indicating the date and amount transferred to the recoverer. The signature under the above must be executed by the 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 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 reliability 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.

The claimant must be notified of all payments made in the manner indicated by him 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 the banking law and is a secret that is not subject to disclosure to unauthorized persons.

Important! At the same time, it is 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 to provide complete information, not only on 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 various credit institutions, 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.

Can money be withdrawn from a payroll card?

The news video below provides an answer to the question, can a salary card be arrested for debts?

How to present a writ of execution to the debtor's bank on your own?

A writ of execution may be presented to the debtor's bank by the exactor himself. This path is chosen by those who wish to quickly receive the entire amount of the debt and not contact the bailiff service for fear that this process may be delayed. In the article, we will talk about how to submit a writ of execution to the debtor's bank documents and procedures required for this.

Can I submit a writ of execution to the bank myself?

The procedure for presenting writ of execution for execution is prescribed in the Federal Law “On Enforcement Proceedings” dated 02.10.2007 No. 229. A writ of execution is understood to be a document issued by the court that considered the case, which provides grounds for the unconditional collection of a sum of money from the debtor in favor of the recoverer.

Federal Law No. 229 provides for several ways to present a sheet for execution:

1. Through bailiffs. In this case, all measures are taken by officials of the UFSSP, who received the executive document.
2. By self-transfer of the sheet to the bank, which allows Art. 8 of the Federal Law No. 229. It should be noted that simultaneously with the transfer of the sheet, an application is filled out for submitting a writ of execution to the bank. The requirements for its completion are contained in Art. 8 FZ No. 229.

The creditor can use both the first and the second method. At the same time, it is allowed to first present a writ of execution to the debtor's bank, and then, if no recovery is made, to bailiffs. The reverse sequence of actions is also acceptable.

Of course, you can simply rely on bailiffs, but in practice it is much faster to collect funds through a bank if the debtor has accounts opened in it.

When transferring a sheet to a banking organization, it must be borne in mind that this action must be carried out within 3 years from the date the court decides to recover funds. This period is specified in Art. 21 of the Federal Law No. 229. After a three-year period, the debtor no longer has the right to demand the execution of a judgment. Read more about how to file a writ of execution with the bank.

How do I know which bank to apply to?

You can not present a writ of execution to any bank at the choice of the recoverer. This is explained simply - not in any banking organization the debtor has accounts opened. A fair question arises, how to find out where the debtor has accounts?

This information belongs to the category of bank secrecy, respectively, is not provided to anyone. However, the fact that the recoverer has a writ of execution gives him the right to circumvent the requirement of the law on observance of bank secrecy. By virtue of Art. 69 of the Federal Law No. 229, a recoverer who has a writ of execution in his hands has the right to submit an application to any tax office, which contains a request for:

1. The name and location of the territorial location of the banks in which the debtor has accounts.
2. About bank account details.

After receiving the specified information, you can apply with a similar application to the bank in which the debtor has accounts and request data:

1. About the balance of funds on them, as well as the movement of money, regardless of whether they are in the bank in rubles or in foreign currency.
2. About any other valuables that are transferred to the bank for safekeeping by the debtor.

How to apply to the bank on a writ of execution?

As we have already mentioned, the recoverer is given the legal right to present a writ of execution directly to the bank.

The procedure is as follows:

1. Get a writ of execution in the court that heard the case.
2. Find out in which bank the debtor has accounts.
3. Make an application to the bank.
4. Apply.

All of the above actions can be done through a representative if he has a power of attorney to carry out each of the actions. If the application is submitted by a representative, then this circumstance should be reflected in it.

The procedure becomes more complicated if the debtor's accounts are opened in several banks. It is not allowed to apply to them at the same time, since the original document of execution is submitted with the application (part 1 of article 8 of the Federal Law No. 229). Thus, if there is not enough money in the account in one bank, you will have to apply to others in the future, which delays the process.

You can submit the application in person or by sending it by mail. In this case, it is recommended to use the first method, since the original of the executive document may be lost during postage. If nevertheless it is decided to send the application by mail, you should send a registered letter with acknowledgment of receipt and a description of the attachment.

What data should be indicated in the application to the bank? Sample Application

Requirements for the content of the application are listed in Art. 8 FZ No. 229.

The following shall be reflected in the application for presentation of a writ of execution to the bank:

1. Claimant's account details. This is necessary so that the bank knows where to transfer funds.
2. Full name, citizenship, passport details, place of residence or stay, TIN (if any), details of a migration card or other document confirming the right of residence in the Russian Federation of the claimant (if he is a citizen). If the exactor is an organization, then it is obligatory to indicate its name, TIN, OGRN data, place of registration and legal address.
3. Information about the representative, if a trustee acts on behalf of the claimant.

Download a sample application to the bank

How long after filing a writ of execution with the bank must the debtor's funds be levied?

The procedure for the bank's actions is determined by the Regulation of the Central Bank of the Russian Federation dated April 10, 2006 No. 285-P. Previously, there were provisions according to which the bank carries out the transfer procedure within 3 days from the date of receipt of the application. However, this provision has now ceased to be valid. Thus, the bank fulfills the requirements contained in the application immediately (part 5 of article 70 of the Federal Law No. 229).

An interesting feature is that several persons who have the right to demand the recovery of funds from the debtor can apply to the same bank. In this case, the order of transfer of funds is determined by the provisions of civil law, namely, Art. 855 of the Civil Code of the Russian Federation.

If there is money to satisfy all requirements, all funds subject to collection are transferred, however, the application that was received earlier is satisfied as a matter of priority.

If there is not enough money to transfer the entire amount of the debt to all counterparties, then the following priority applies:

1. The first priority is claims for compensation for the harm caused to the life and health of the claimant, as well as maintenance obligations.
2. The second stage is the payment of severance pay and remuneration of persons, remuneration to authors for the results of intellectual activity.
3. The third stage is the write-off of tax payments and funds towards the payment of insurance premiums.
4. The fourth line is other monetary claims.

The creditor must be notified of the transaction within 3 days. The executive document with the bank's mark on the transfer of funds is transferred to the recoverer. If the recovery is made partially, then a note about this is made on the writ of execution.

Is it possible to withdraw an application submitted to the bank?

The recoverer has the opportunity to withdraw the application and writ of execution submitted to the bank for execution. This is done in the case when the debtor voluntarily repaid the debt, or another account was found in another bank, which contains a large amount of money. The right is contained in paragraph 1 of part 1 of Art. 46 FZ No. 229.

To withdraw the application, another application is submitted to the bank, which indicates that the executive document is withdrawn on the basis of the above norm. At the same time, no legislative act contains the form of such a document. This allows us to conclude that the document is compiled in an arbitrary form.

It may include the following information:

1. On the name of the debtor and creditor and their data.
2. On the executive document transferred to the bank.
3. On the details of the court decision on the basis of which the enforcement is carried out.
4. About the amount of funds to be recovered.
5. Directly indicating the withdrawal of the application with reference to the reason that prompted the claimant to carry out such actions.

The application is submitted to the bank or sent by mail. It is recommended to transfer it personally in order to avoid a situation where the bank has already fulfilled the requirements for the transfer of funds, and such a recovery is no longer appropriate for the claimant.

Further, the banking organization examines the application, considers it and decides on the satisfaction of the requirement for withdrawal, or on the impossibility of satisfying it (in the event that the requirements of the executive document have already been fulfilled).

The last step will be the procedure for transferring the recovery application back to the claimant. The writ of execution shall be returned simultaneously with the application.

Thus, the recoverer has the right to present a writ of execution directly to the bank. This procedure is often faster than the recovery of funds through bailiffs. However, you must first submit an application to the tax office to find out if the debtor has bank accounts. Then you need to understand whether there is money in the accounts by submitting an application to a banking organization. Thus, the procedure requires some effort, but if the debtor has money in his accounts, then they can be received quickly enough.

Presentation of a writ of execution to the bank

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

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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. To the regional branch of the FSSP.
2. At the place of residence of accounts (hereinafter r / s) and securities of the other party, to a bank, issuer or non-bank credit institution, which is regulated by the provisions of Art. 8 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.

executive documents

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

Having found out the information about bank accounts, think again whether to present an official conclusion yourself, or to 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 sequence of actions when contacting the bank

1. Provide a sample application for presentation of a writ of execution to the bank.
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 is submitted by the authorized representative of 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 - a sample.
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 person.
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 other party's account 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 an application for the withdrawal of a writ of execution from the bank - a sample.
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 there was a partial payment, all data are certified by the signatures of the contractor and the chief accountant with a seal.
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

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. The failure of the bank to execute the 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 of the Arbitration Procedure Code of the Russian Federation, only an arbitration court and bailiffs can restrain the requirements of a writ of execution, the bank does not have such competencies.

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Actions of the bank after receiving the writ of execution: collected from the individual entrepreneur, and the account is opened on the FL. Execute or not?

On the basis of a court decision in favor of LLC with IP, the amount was recovered. LLC learned that the debtor, like the FL, had a card account opened in the bank and on 15.06.12. filed an application with the bank for the transfer of funds from the debtor's account to the account of the LLC, attaching a writ of execution (hereinafter - IL) and a decision on the case to this application. 23.10.12 LLC asked to return IL. On the 7th page of the IL bank made a note “ on the basis of the claimant's application, the IL was accepted for execution. 23.10.12 according to the recall, the IL was returned to the claimant. Transfers not made“After a couple of months, it became known that during the time that IL was in the bank, funds passed through the debtor's account. QUESTION: did the bank legally not transfer the money received to the debtor's account?

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