How to collect debt from individuals and legal entities under a writ of execution. Features of the procedure for collection under a writ of execution Where to submit the writ of execution

Litigation completed, and the court ordered the collection of the debt. But the defendant does not always agree to voluntarily pay the debt. Therefore, the plaintiff (claimant) is issued a writ of execution - a document giving the right, independently or by contacting the bailiff service, to carry out a set of measures to enforce the court decision.

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

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

Download the application form and sample form from us:

• The FSSP may refuse to open enforcement proceedings if:
• the writ of execution was filed without an application;
• the application does not contain the signature of the claimant or his legal representative acting under a notarized power of attorney; the claimant applied to the FSSP department at a location other than the place of execution;
• executive actions
• the deadline for submitting the writ of execution has expired;

• In some cases, you can carry out collection on your own:
• If you know which bank the debtor has an account with, contact that financial institution and request that the debt amount be written off from the account. In the application, indicate the details for transferring funds, passport data, details of the writ of execution. Attach the writ of execution. If the debtor’s place of work or another source of his income is known, and the amount of debt is over 25,000 rubles, an application for transfer Money

and send the writ of execution to the organization’s accounting department.

The process of obtaining money by court decision is lengthy and largely depends on the will and desire of the claimant. Regularly ask the bailiff about the collection measures being carried out; the bailiff’s inaction can be appealed to his supervisor or in court.

• After receiving a writ of execution for the recovery of funds, the claimant can independently carry out its execution: by presenting it to the bank where the debtor’s current account is opened, having previously received information from the tax authority about open accounts
• debtor; or by presenting a writ of execution to the organization or other person paying the debtor wages

Unfortunately, the independent toolkit is unreasonably scarce, and independent execution often turns into a game of cat and mouse with the debtor, when money “walks” through the debtor’s accounts depending on where the claimant has submitted the writ of execution.

In the absence of reliable information about the availability of funds in a specific current account of the debtor, turning to bailiffs for help seems most likely.

So, doing it yourself means always fast, but not always effective.

Submission of a writ of execution to the bailiff service

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

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

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

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

If you have information about the presence of property in the debtor's possession that can be foreclosed on, do not forget to indicate in the application to initiate enforcement proceedings the need to seize it. Debtors, in order to prevent foreclosure on property, very often “sell off” all their property, while remaining its actual owner.

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

What must be done by the bailiff

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

• district inspectorate of the Federal Tax Service of Russia at the place of registration of the debtor on the numbers of settlement, current and other accounts, on the name and location of banks and other credit institutions in which accounts are opened; about accrued taxes and about the objects of taxation of the debtor for the last 3 years.
• the office of the Russian Pension Fund at the place of registration of the debtor regarding contributions from employers in favor of the debtor;
• commercial banks in the urban district of Voronezh on the availability of open settlement, current and other accounts in the name of the debtor/the availability of funds on them;
• recording tax authority on the participation of the debtor in legal entities;
• Federal Service Directorate state registration, cadastre and cartography on the existence of registered rights to real estate and transactions with it;
• regional BTI on rights to real estate registered before 1998, as well as on primary technical information. inventory of real estate carried out after 02/01/1998;
• traffic police department about registered vehicles;
• department for organizing licensing and permitting work of the Central Internal Affairs Directorate for the relevant region on the presence of registered weapons (self-defense, hunting, collection);
• public administration technical supervision about registered self-propelled and construction equipment;
• center of the State Inspection of Small Vessels of the Ministry of Emergency Situations of Russia about registered small vessels and bases (structures) for their moorings;

Taking into account the information received in response to requests, the bailiff is obliged to carry out visits and inspections within the time limits regulated by law, as well as to carry out an inventory and seizure of the debtor’s property and funds; conduct an assessment of the seized property and organize its subsequent sale.

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

Monitoring the work of the bailiff

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

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

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

Violation of this requirement makes it possible to appeal (challenge) the inactions of the bailiff.

In addition, the law obliges the bailiff to be proactive. For example, when a debtor avoids registering property that may be foreclosed upon, and the debtor has no other assets, the bailiff has the right (Article 66 of the Federal Law “On Enforcement Proceedings”) to carry out state registration of the debtor’s rights to property and subsequent foreclosure of this property. Please note that the control function, like the collection process itself, can be transferred.

Failure by the bailiff to exercise his rights (inaction) can also be challenged.

Appealing (challenging) actions/inactions of a bailiff

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

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

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

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

Challenging differs from appealing in that it is carried out through judiciary. It is noteworthy that the terms for challenging differ depending on the court in which the actions (inactions) of the bailiff are being challenged. Time limit for challenging the actions (inactions) of the bailiff in Arbitration Court is 3 months. The period for challenging the actions (inactions) of a bailiff in a court of general jurisdiction is 10 days.

To increase the efficiency of bailiffs according to your writ of execution, such a tool as challenging (appealing) cannot be neglected. As a rule, after filing a complaint, bailiffs independently eliminate the violations.

Recovery of damages

Do not forget about this method as from the treasury Russian Federation losses arising due to illegal actions (inactions) of the bailiff.

In all cases where, due to illegal behavior official bailiff service, your chances of collecting the debt from the debtor have decreased or become zero, you can go to court with a demand to declare the actions (inactions) of the bailiff illegal and to recover damages.

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

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

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

Be prepared for the fact that even if you apply all enforcement measures to the debtor, you may never achieve actual execution. It is possible that your debtor, even before entering into a contractual relationship with you, for example, was “naked as a falcon” and he simply does not have any assets, and, therefore, the ability to pay off.

Now is the time to think about and assess your risks in advance.

Collection of money through the debtor's bank is the fastest and most convenient way execution of a court decision. If, of course, the account is active and there are enough funds on it. The ability to collect debts directly through banks where debtors have accounts is provided for in Article 8 of the Federal Law “On Enforcement Proceedings”. Execution in accordance with this article occurs without the participation of bailiffs.

From which debtors can money be recovered through a bank?

From almost any debtors who have bank accounts. This may be a legal entity, individual entrepreneur, individual. The exception is banks (you need to collect money from them), government agencies, local governments, budgetary organizations(to collect money you need to communicate, ), etc.

Which bank should I take the writ of execution to?

So, you know in which banks your debtor has accounts (). Of course, the information may become outdated, the account may be empty, or the debtor may quickly close it and open an account somewhere else. And there is only one writ of execution and it is presented in the original. Therefore, if there are several accounts, you need to consider the following information:

• check whether the bank’s license from the Central Bank for banking operations has been revoked. When the license is revoked, the bank no longer carries out any operations on accounts, incl. does not collect money from clients' accounts. The relevance of the license is possible. If the license is revoked, you will see this picture:

• data on the debtor's accounts from tax office priority. By law, banks are required to inform the tax authorities within 3 days about the opening and closing of accounts, and changes in details. That is, in most cases it will be the most relevant and official information about accounts. Well, except for the case when the debtor promptly closes one of his accounts;
• Please note how old the information is. For example, if your 2008 agreement with a debtor specifies one bank, but the debtor’s new website contains different details, you may want to give priority to more recent account information;
• take into account the territorial location of the bank. When there is a branch of one of the debtor’s banks in your city, it is easier to first take the writ of execution there. If collection through this bank fails, then you can withdraw the writ of execution at any time and contact another bank;
• take into account information about economic activity debtor. If you are a company or entrepreneur, then you can glean valuable data from your accounting department. Look at which accounts the debtor transferred the payment to you from, where, and how long ago you transferred the money to him. Perhaps your accountant communicates well with the debtor’s accounting department and is aware of what account he has more money. And so on.

Please note that, as a rule, you can take the writ of execution to any branch of the debtor’s bank. For example, if the debtor has an account in the Moscow branch of the bank, and you live in St. Petersburg, you may not send the sheet to Moscow, but present it to the St. Petersburg branch or branch of the bank. You can send the sheet to the bank’s head office, or you can send it to the branch. I tried different options and everything went well. But you can further clarify the information by calling the bank.

What package of documents is needed for execution through the debtor's bank?

• • original writ of execution. If possible, the court should stitch it with threads and seal the stitching with a seal and signature. In my practice, it happened that the bank returned the sheet without execution, demanding that the sheet be stitched in court;

• application for execution to the bank- 1 copy when sent by mail, 2 copies when delivered in person. Mandatory information in the application: details of your account to which the money will be transferred (required details of the claimant himself, who is indicated in the writ of execution; you cannot indicate someone else’s account); if you are an individual: full name, citizenship, passport details, registration address / temporary registration, TIN, migration card details and document for the right to stay or reside in the Russian Federation; if you are a legal entity: full name, TIN / code foreign organization, OGRN, place of state registration, legal address.

• copy of the passport(1 page and registration), migration card, document for the right to reside in the Russian Federation, certificate of temporary registration - for claimants - citizens, with the original passport if submitted in person;
• power of attorney— if you submit and sign documents on behalf of a company or another person + the original passport of the representative when submitting in person.

The documents can be submitted to the bank in person (then be sure to ask to put a receipt stamp on the second copy of the application). Or you can send it by mail. I strongly recommend sending by a valuable letter with an inventory of the attachment and a receipt, keeping the inventory with a mail stamp and the receipt/registry of the shipment. This is in case the writ of execution is lost during shipment, so that you can later.

How soon will I receive my money?

According to the law, the bank is obliged to fulfill the presented sheet immediately. That is, if there are no claims regarding the package of documents, there is enough money in the debtor’s account, you can receive money on the day the documents are submitted or the next day.

Within 3 days from the date of execution, the bank will send you an official letter. There, either the fact will be stated that such and such a sheet was executed at that time, or it will be said that there are not enough funds in the account, a collection order is drawn up and placed in the card index (sometimes they simply send a copy of the collection order). Or, if the sheet is returned, the reasons and claims of the bank regarding the package of documents will be indicated. You can correct any mistakes and submit the sheet again. But it’s better, of course, to clarify the nuances when serving, so as not to run around several times.

What to do if money does not arrive from the debtor?

It is reasonable to wait about 2 weeks from the date of submission of the writ of execution to the bank. During this time, the required amount may fall into the debtor’s account, then the money will be transferred to you. Only partial fulfillment can come.

Try to contact the bank and find out about the problems with the debtor’s account - this may be an issue bailiffs arrest in favor of another creditor, maybe the debtor simply does not use this account and does not keep money on it. Sometimes such information is given directly upon receipt of documents.

If there is no money in the account, the account is inactive, arrested, etc., it is worth picking up the writ of execution from the bank. To do this, write an application to the bank, submit it in person or send it by mail. If the application is signed by a representative, attach a power of attorney.

After returning the original writ of execution, you can present it to another famous bank debtor or the bailiff service.

Or could it be that the bank has colluded with the debtor and will not fulfill my decision?

In my practice (and this is more than 4 years and hundreds of sent writs of execution), this has never happened. Banks are afraid of claims from the Central Bank, so they strictly comply with the law and clearly collect money from debtors’ accounts. If this happens, it will only be through the fault of a specific employee. In this case, you can always complain about him to his superiors and the issue will be resolved in your favor.

Collecting a debt from a negligent debtor is a very difficult matter. Therefore, as it is written in the Bible, do not tempt and do not lend. Then you won't have to return it. But situations arise when debt appears against a person’s will. For example, a father does not pay child support; when dividing property, the due share of valuables must be given. The court, by its decision, decides to collect the amounts due from the debtor and issues a writ of execution to the plaintiff. But, unfortunately, the court does not explain how to collect your debt under the writ of execution.

Bailiffs

IN Russian legislation There are a number of acts that provide for measures aimed at helping citizens in debt collection. First of all, in order to exercise your rights, you need to contact the bailiff service, the one that oversees the area where the debtor lives. This matter cannot be delayed too much, because the period for collection under a writ of execution is three years, and in certain cases – three months. At the service, the plaintiff will write an application to begin the collection process. After this, the bailiffs will initiate enforcement proceedings. After this, a bailiff is appointed in the case within three days, and all documents in the case are transferred to him. The plaintiff then resolves all issues regarding the debt with him.

Powers of bailiffs

In order for this work to be fruitful, the state has vested bailiffs with a number of powers. To begin with, they can look for debtors and property that the court must return to the plaintiff. They send requests to the police, migration services and other authorities. In this way, they learn about the whereabouts of the hiding debtor. Bailiffs can also seize the property of the debtor, regardless of whether it is a private person or a legally registered LLC. Property can be not only valuables, household items, cars, etc., but also securities, money. In addition, bailiffs, if necessary, have the right to conduct an inspection financial documents debtor.

After the debtor is found, the bailiff sets a deadline for him to voluntarily fulfill the requirements. This period should not be more than five days. Practice shows that debtors do not take advantage of this opportunity, forcing them to take directive measures - to collect on a writ of execution.

Independent collection actions

It is not possible to independently collect debts under writs of execution in every case, but you can try. After the trial, 10 days must pass, which are given to appeal the decision. After this, the plaintiff is given a decision with which he can proceed differently. Contacting the bailiffs is not the only solution; you can independently search for the debtor and information about him. If the plaintiff has found information about the debtor’s residence, his work activity, and in which bank he has accounts, then he can come to this bank with a writ of execution. Based on the document, the bank is obliged to write off funds from the debtor’s account to the plaintiff’s account. And if the debtor’s place of work is known and the amount of his debt does not exceed 25 thousand rubles, then you can submit an application to the company’s accounting department, it will make payments to the plaintiff’s account from the debtor’s salary. And if the debtor is a pensioner, then you need to write an application to Pension Fund, provide there a writ of execution, and pension accruals will go to the plaintiff's account.

Repayment of debt under a writ of execution- this is a voluntary or forced fulfillment of a requirement within the framework of enforcement proceedings. The debtor has the right and obligation to repay his debt on a voluntary basis. For this purpose it is installed certain period, which, according to general rule, does not exceed 1 - 5 days from the date of receipt of the decision to initiate enforcement proceedings or from the day the debtor receives a copy of the enforcement document. If the demand is not fulfilled or cannot be fulfilled on a voluntary basis, firstly, an additional obligation to pay is imposed on the debtor enforcement fee, and, secondly, the entire arsenal of available enforcement measures can be applied to it.

The procedure for voluntary repayment of debt and the process of forced collection are regulated by the Law on Enforcement Proceedings. The law applies as in a foreclosure situation FSSP debt RF (bailiffs), and in cases of direct presentation of a writ of execution by the recoverer to the executor.

Voluntary debt repayment

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

If the debtor has a desire to repay the debt voluntarily, but it is not possible to do so immediately and in full, in order to avoid seizure and sale of property or other measures of influence, it is necessary to resolve the issue of deferment or installment payment of the claim.

This is done by appealing to the court that issued the act under which the collection takes place, or to the court at the place where the enforcement proceedings were carried out. In addition, you can submit a corresponding application to the bailiff, and if he considers the request justified, he will independently prepare a presentation to the court.

In general, when the debtor shows interest and activity in the issue of repaying the debt, both bailiffs and courts are inclined to make concessions. But an installment plan or deferment will not be provided just like that, just because the debtor needs it. It is necessary to justify the request with valid reasons, for example, a difficult financial situation that is temporary, illness, high costs associated with treatment, etc. In addition, the debtor must justify the period for which he requests a deferment or the proposed installment plan.

Forced collection begins if the debtor was unable to repay the debt during the period for voluntary fulfillment of the obligation. The only thing that can delay the start of the introduction of restrictive, prohibitive measures, the sale of property, or suspend the procedures is the establishment of a deferment or installment plan.

Forcibly the debt is repaid in different ways. It all depends on the characteristics of the debt, court decision according to it, the awarded or established procedure for the execution of the writ of execution and other circumstances of the case.

Main options:

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

The timing of execution of a writ of execution by bailiffs in practice varies greatly in time. The fact is that only actual execution can speak of execution, which is not always possible. As a result, many cases last for years, are suspended, terminated, and resumed again. And then either the collector will get tired of waiting and will no longer insist on continuing the process, or the debtor will return the debt, or gradually the entire debt will be collected from him.

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