How to present a writ of execution to bailiffs

Preparation of an application to initiate enforcement proceedings

A citizen who has in his hands one or another executive document (court order or decision) can subject it to forced execution by contacting the federal bailiff service. As part of enforcement proceedings, officials of this department carry out all the necessary procedural actions.

In order to carry out collection (alimony, etc.), you must write an application to the FSSP. It is on the basis of this document that execution will be carried out. The application is made in writing. It is drawn up solely on the basis of an existing writ of execution or a decision of a court authority.

Important! “The document is presented at the place of residence of the defendant in the case. In exceptional cases, the place of execution of enforcement actions may be changed. If you lose a writ of execution, you can restore it only by going to court.”

Request to the bailiff about the progress of enforcement proceedings

Good afternoon. In accordance with Art. 441 of the Code of Civil Procedure of the Russian Federation: 1. Resolutions of the chief bailiff of the Russian Federation, the chief bailiff of a constituent entity (chief bailiff of a constituent entity) of the Russian Federation, a senior bailiff, their deputies, a bailiff, their actions (inaction) may be challenged by the claimant, debtor or persons whose rights and interests are violated by such a resolution, actions (inaction), in the manner established by the legislation on administrative proceedings. The procedure for challenging decisions of officials of the bailiff service and their actions (inaction) is established by Art. 128 CAS RF: "1. Resolutions of an official of the bailiff service, his actions (inaction) regarding the execution of a writ of execution may be challenged in an arbitration court or a court of general jurisdiction in the manner established by the procedural legislation of the Russian Federation, taking into account the specifics established by this Federal Law " According to Art. 360 CAS RF, decisions of the chief bailiff of the Russian Federation, chief bailiff of a constituent entity of the Russian Federation, senior bailiff, their deputies, bailiff, their actions (inaction) may be challenged in court in the manner established by Chapter 22 of this Code. According to Part 3 of Art. 219 CAS RF: “An administrative claim for declaring illegal decisions, actions (inaction) of a bailiff may be filed in court within ten days from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legal interests” At the same time, the provisions of Art. 219 of the Code of Arbitration Code of the Russian Federation, according to which the period for filing an administrative claim in court is 3 months from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests. Link to the law https://www.consultant.ru/cons/cgi/online.cgi?rnd=DA7C.. Sample complaint to the court https://pristav-russia.ru/docs/galobi/admin-galoba-na. Instead of the bailiff, in the application you indicate the name of the official whose decision or actions/inactions you will appeal. If any difficulties arise, I recommend contacting our specialists in the office.

Submitting an application and writ of execution to the territorial branch of the FSSP

It is necessary to establish what type of application this is. It looks like this:

To the FSSP department for the collection of alimony

G. Tula, st. 9 May, no. 1

Voronkova Elvira Bashaevna

Living at the address Tula, st. Academician Pavlova, 2

on the start of enforcement proceedings

Based on the above, guided by Article 30 of the Federal Law “On Enforcement Proceedings”,

Initiate enforcement proceedings.

Seize the debtor's property.

Date of application “___“_________ ____ Signature _______

A mandatory attachment to such an application is an executive document. It is provided in original form. The duty of the performer in the department is to process the information received and determine whether it corresponds to reality.

Note! It is worth noting that if several obligated persons are indicated in a court document, then a separate application is drawn up for each person and separate enforcement proceedings are conducted.

You can submit a document in several ways:

• by personal appearance at the territorial government agency;
• by sending a registered letter;
• submission of acts through a representative.

In the latter case, this may be either a legal or a contractual representative. To submit an application, both must provide an act confirming the legal validity of their powers. It can only be transferred with the consent of its owner. No person can give away the sheet without his consent.

The application itself is sent to the office, and from there, within three working days, it is distributed among specific bailiffs. After this, the service official has three more days to issue an act confirming the acceptance of the application and the start of enforcement proceedings.

How to resubmit a sheet to bailiffs

To answer the question of how bailiffs can file or resend a writ of execution, it is necessary to refer to the norms established at the legislative level. The Federal Law on enforcement proceedings does not say anything about the deadlines that must be met for re-filing.

Note! Based on this, we can conclude that immediately after the grounds preceding the refusal have disappeared, the citizen can again submit an application to the territorial department of the FSSP.

How to view a writ of execution from bailiffs

1. Full name, date of birth of the defendant. If we are talking about a legal entity, then the name of the organization and its location will appear in the first column.
2. The second column contains the production number and its start date.
3. The third column contains the name and address of the court in which the case was heard, as well as the number of the writ of execution and the date of its adoption.
4. The fourth column indicates the article on the basis of which the enforcement proceedings were completed. If it is empty, it means that the matter is not yet completed.
5. The following is information about the court ruling.
6. The last column provides information about the address of the bailiff department, as well as the details (full name and telephone number) of the bailiff who carries out the collection.

Responsibilities of bailiffs under a writ of execution

After the writ of execution has been received, the bailiffs begin active work on it. First of all, they enter the debtor into the database and then send requests to various departments. The sequence here is:

• To the Pension Fund of the Russian Federation.
• To the Federal Migration Service.
• To the Unified State Register of Rights to Real Estate, as well as to the Unified State Register of Legal Entities and Individual Entrepreneurs.
• To the State Automobile Inspectorate.

If necessary, the bailiff may also send requests to banking organizations. Based on the information received, a decision is made to take certain enforcement measures against the debtor. As a rule, if he is officially employed, then funds are collected from his wages. This occurs by sending and transmitting a corresponding letter to the direct employer.

Cases often arise when the last name, first name, patronymic of the debtors and date of birth coincide. If unjustified sanctions are imposed, you must contact the bailiff and look at the decision to initiate enforcement proceedings. After which you need to write a statement to clarify the identity of the debtor.

Enforcement proceedings for dummies

It is advisable to do this if most of the debtor’s property, especially real estate, is located at a remote distance from the debtor’s place of residence. The presence of the debtor's property in another territory must be indicated in the application to initiate enforcement proceedings and the relevant evidence must be attached (for example, a copy of the certificate of state registration of rights to real estate, etc.). Otherwise, the clerks of the territorial departments of the bailiffs will “kick you off at the authorities,” and the initiation of enforcement proceedings may be refused.

The bank forecloses on funds in the manner prescribed by Art. 70 of the Law. In accordance with paragraph 5 of Art. 70 of the Law, within three days from the date of receipt, the bank fulfills the requirements and, if there are insufficient funds, the bank continues to fulfill as received until full repayment.

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Return of the writ of execution to the bailiffs after execution

After all the necessary actions have been taken and the debt has been repaid, the enforcement proceedings are considered completed. The bailiff is obliged to issue a corresponding resolution and make a note on the writ of execution that, in accordance with the articles of legislation, all actions in this case have been completed.

Upon request, the sheet can be returned to the court or transferred to the claimant in the form of an original or copies.

Thus, in order to obtain execution of a court decision, it is necessary to fill out an application and send it to the FSSP. The act can be submitted in several forms, for example, by e-mail, through a personal visit, etc. In the event of an unreasonable refusal to accept an application, a citizen can file a complaint with the highest authorities of the service.

Collection of alimony under a writ of execution

A writ of execution for alimony is issued in court after consideration of the case according to the procedure of claim proceedings. In the future, the claimant can keep it, submit it to the FSSP, or send it to the debtor’s employer within the established time frame. Let's look at what a writ of execution is, where to get it, how to find out the number of the writ of execution and check its progress, what is needed to revoke the writ of execution and how much alimony is collected on it.

1. About the court in which the decision was made to satisfy the claims of the claimant.
2. About the part of the court decision that reflects the rights of the plaintiff.
3. Full name of participants in enforcement proceedings.
4. About the amount of deductions for fulfillment of obligations.
5. About the validity period of the document.
6. When the decision is issued.
7. Effective date of the decision.
8. About the bank account number for making payments.

After submitting an electronic application to the Federal Bailiff Service via State Services, the response is communicated to the applicant through a message in the “Personal Account”. Using the social networks “VKontakte” and Odnoklassniki If the parent-debtor and the parent-collector are users of social networks, there is nothing easier than installing a special application from the FSSP, which is called “Data Bank of Enforcement Proceedings” (links to the VKontakte application, in Odnoklassniki), with which you can:

Only direct participants in enforcement proceedings (debtors, collectors and their authorized representatives) have the right to find out information about the debt. Providing information about unpaid alimony to the authority is not carried out when calling by phone, since identification confirmation is important .

Situations in which you do not need to contact the FSPP

The collector may not contact bailiffs in the following cases:

• If the debtor is an organization that is excluded from the Unified State Register of Legal Entities. In this case, there is no one to collect the debt from. Neither the founders nor the management of this company will be responsible for the debts of the liquidated enterprise.
• If the debtor is an organization that is currently at the stage of bankruptcy and bankruptcy proceedings have been introduced. All affairs of the company are handled by the bankruptcy trustee. The collector will need to present the creditor's claims to him to collect the debt.
• There is no point in contacting the bailiffs if the debtor is a budgetary organization or the treasury of the Russian Federation.
• When the statute of limitations on the claim has expired and there is no court ruling to restore this period.

Filing a claim with bailiffs

The writ of execution, together with the application, is submitted to the FSPP at the debtor’s place of residence. If we are talking about a legal entity, then at the place of registration of the company. You can contact the bailiff service in person or send a letter (registered with a list of attachments) by mail. When a writ of execution prescribes the performance of any actions, its execution will be carried out at the place where these actions were performed.

To find out which department of bailiffs to contact, you should open the writ of execution and find out the debtor’s registration address, then find the FSPP department through the official website of the bailiffs.

Before submitting a writ of execution to the bailiffs, you need to collect a package of documents, which must include:

• Application for execution of a court decision. If submitted in person, it is mandatory to provide two copies to the FSPP service.
• Writ of execution (original). You should keep a copy for yourself.
• If someone else files the application for the claimant, then it is important to provide a power of attorney when contacting the bailiff service.
• Details of the creditor in the bank.
• A copy of the passport (not only the first page, but also the registration page).

Read about the state duty for issuing a writ of execution here.

A copy of a document that confirms that the debtor has any property. It is also required to provide documents confirming that the debtor has a job.

If the application is submitted in person to the FSPP, then it is important to make a copy of it and put a note on it that the application has been accepted. When sending an application by mail, you will need to keep a receipt for payment for registered mail.

Within three days, a specific bailiff will receive an application from the claimant. He will open enforcement proceedings within three days. The debtor will be given five days to voluntarily comply with the court decision. If this does not happen, the bailiffs will include compulsory measures to collect the debt. The bailiff must fulfill the requirements specified in the writ of execution within two months. In practice, this process is often delayed.

In case of failure to comply with the requirements of the writ of execution, you have the right to appeal the actions (inaction) of bailiffs or employees of credit institutions by sending a complaint to the prosecutor's office or a judicial authority.

Maintaining a data bank of enforcement proceedings

• date, number and type of document;
• date of initiation and production number;
• information about the debtor;
• list of requirements for the writ of execution;
• the amount of the debt and the deadline for its payment;
• information about the FSSP unit in which the proceedings were initiated;
• information about the return of the document to the claimant in cases provided for by law.

1. Territorial body of the FSSP. To do this, use the left mouse button to click on the corresponding field. A pop-up window will open with a list of regions. You should select from the list the one in which the proceedings were initiated.
2. Document Number.
3. Document type. After left-clicking on the corresponding cell, a pop-up window will appear. In the list of document names, select “Writ of Execution”.
4. Name of the authority that issued the document.

When figuring out how to find a case by enforcement proceedings number, remember that the system does not always work correctly. Sometimes technical problems occur. Information may be missing if there is no debt or the case is still under consideration.

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In practice, a citizen may need not only an online copy, but also a paper copy. To obtain the document, you can personally visit the court office or contact the authorized body by mail. In both situations, you will need to fill out an application and present your passport. If the request is sent by mail, the request is supplemented with a copy of the ID card. Additionally, a description of the contents will be required. The letter itself is sent by registered mail with notification. According to the law, a participant in the proceedings or his legal representative has the right to receive a writ of execution. In the latter situation, the person must act by proxy or in accordance with the provisions of regulations. The document must be notarized.

Collection of funds when submitting an application to the bank

If there is a possibility that the debtor will be able to repay the debt by contacting the bank, since he has sufficient funds to do this, then there is no need to rush to contact the bailiff service. It is important to clarify whether the debtor has valid accounts before submitting a writ of execution to the debtor’s bank. This opportunity for the creditor is prescribed in the Federal Law “On Enforcement Proceedings”.

Before submitting a writ of execution to the bailiffs, the claimant should contact the bank where the debtor has accounts. This can be done no later than the expiration of the statute of limitations. The claimant will need to submit an application to the bank. A sample of such a statement can be found on our website. It is imperative to make a copy of such a statement and put the signature of the person accepting it on it. Along with the application, a copy of the writ of execution is submitted to the bank. Bank employees record receipt of the application in a special journal.

If there are no funds in the debtor's account for collection, the bank will refuse the write-off procedure in favor of the collector. Then you will have to submit the writ of execution not to the debtor’s bank, but to the bailiff service. If there is an amount in the debtor's account that is insufficient to repay the debt, it will be partially written off. This action will be repeated until the full amount of the debt is repaid. When the settlements are completed, the enforcement case will be moved to the archives.

Submitting an application at the debtor’s place of work

Often, collectors do not know where to send the writ of execution for collection if the debtor does not have bank accounts. The writ of execution is filed at the location of the debtor’s work and then the process usually follows the same pattern.

The bailiff's resolution will go to the boss, who signs the document and sends it to the accounting department. The accountant is responsible for the execution of the bailiff's order. The debtor himself will be relieved of the obligation to pay the amount of the debt. The maximum amount that is withheld from the debtor's salary is 50 percent. But the debtor, if desired, will be able to reduce the write-off amount.

Just like the bailiff, the claimant himself will be able to provide a writ of execution for the debtor’s work. It is imperative to send the original of this document, while the bailiff, for these purposes, submits his own resolution to collect the amount of debt from wages. The debtor can also write an application addressed to his boss to collect from his salary an amount sufficient to partially repay the debt.

The video discusses the features of recovery under a writ of execution

If the debtor quits his job, where part of the money was deducted from his salary to repay the debt, then the accountant makes all the necessary calculations of how much was withheld from the employee’s salary. The accountant must verify this information with payment order numbers. Upon dismissal, the employee receives a covering letter, which contains all the information on the deduction of funds from his salary. This cover letter is sent to the bailiff service.

If the debtor does not find a new job in the near future, he may be accused of evading the execution of a court decision. To prevent this from happening, it is necessary to register with the labor exchange after dismissal.

Submitting a writ of execution to the bailiff service: what do you need to know?

After a court decision is made in favor of the plaintiff, he receives a document that serves as the basis for the initiation of proceedings by the bailiff in order to collect the debt from the defendant. This is preceded by the procedure of sending a package of documents to the FSSP.

Read further in the article about how to submit a writ of execution to bailiffs.

In what cases should you contact bailiffs?

The claimant can resort to the help of a bailiff as soon as he receives the writ of execution.

Otherwise, the claimant can send the document directly to the bank or to the place where the debtor works or receives other income (scholarships, pensions, etc.).

There are circumstances in which there is no need to submit the sheet to the bailiffs. This rule applies if:

• the debtor is a legal entity, and it is excluded from the Unified State Register of Legal Entities, which means that it no longer belongs to the subjects of legal relations (as a general rule, the founders and management of the company are not liable for the debts of a liquidated company);
• the defaulting organization has been declared bankrupt (for example, bankruptcy proceedings have been introduced), and therefore, the execution of court decisions is carried out by an appointed arbitration manager, to whom the sheet should be presented;
• the statute of limitations for execution of the judicial act has expired (3 years), and the claimant does not have a court ruling to restore the missed deadline;
• the debtor belongs to budgetary organizations, and therefore the writ of execution is sent to the appropriate treasury to write off the required amount.

Where to present it?

When filing a writ of execution, there are several important points to keep in mind.

Which bailiff department should I send the writ of execution to?

To understand the procedure for filing a sheet, you need to find out the exact address of the debtor’s location or residence.

After finding out the address, you should go to the website of the FSSP Office and find the appropriate unit and its address depending on the location of the defendant.

Is it possible to submit a writ of execution at the location of the claimant?

Submitting a writ of execution at the location of the claimant is impossible due to the established rule. In the absence of information about the location of the defendant, the plaintiff can submit a sheet to the regional department of the FSSP with a request to redirect the document to its destination due to the unknown address of the debtor.

What documents are needed?

If the claimant presents one sheet of paper for execution, he will be refused to initiate proceedings. To prevent this, it is recommended to collect a package of the following documents:

• application to initiate a case (2 copies when submitted in person and 1 copy when sent by mail);
• original writ of execution;
• a copy of the passport (for the applicant – citizen) and bank account details;
• power of attorney for a representative (if necessary);
• original extract from the Unified State Register of Legal Entities, if the claimant is a legal entity.

How to submit a writ of execution to bailiffs?

There are two ways to send a package of documents: submit in person and send by mail. When submitting documents in person, the applicant must ask the department office employee to put a receipt mark on the second copy of the application.

When sending by mail, it should be taken into account that the sheet is a state document, and therefore it is better to send it by registered certified mail with acknowledgment of receipt and a list of the contents. After sending, you must keep the postal receipt and a list of the attachment with a postmark.

In addition, when submitting a writ of execution, the deadlines established for this must be observed. The legislation sets different time frames depending on the stage of work on it.

First

For the initial filing of the sheet, the claimant has 3 years from the date of its receipt from the court. If the plaintiff misses this deadline without good reason, recovery under the document is impossible. But if there are objective circumstances (for example, a long business trip, vacation, hospital treatment, etc.), the applicant may request through the court to restore the deadline for filing a writ of execution and send it for execution.

Repeatedly

If the case is suspended on the basis of a bailiff’s decision, in accordance with Article 47 of the Federal Law “On Enforcement Proceedings” (due to the impossibility of collecting property or partially repaying a debt), the writ of execution is resubmitted to the bailiff service by the same employee.

This statement must describe the provisions of the court decision and all stages of previous work with the writ of execution: from the initiation of proceedings to the reasons for suspension. The steps that have already been taken in the collection process should be detailed.

If the claimant has been returned the writ of execution, he can resubmit it if the debtor’s property situation changes significantly (for example, he received property as an inheritance). The application must be accompanied by written evidence demonstrating the defendant’s solvency.

Similarly, the deadline for filing can be restored each time after the next termination of the case and the transfer of the document to the claimant. Re-initiation of proceedings is possible only if the claimant sent the sheet on time.

The final closure of production is possible if:

• full repayment of the debt;
• death of the debtor;
• reversal of the decision of the original instance.

Where is the number of the writ of execution written?

The unique accrual identifier of the Federal Bailiff Service (UIN FSSP) is a twenty-digit key. All positions in the key must be completed. The UIN FSSP is compiled by the budgetary authority. In this case, only numbers from 0 to 9 are used. UIN payers themselves do not invent it; it is assigned by the FSSP.

a unique accrual identifier generated by a state (municipal) institution or administrator of budget revenues of the budget system of the Russian Federation in accordance with the formats of interaction of the State Information System on state and municipal payments with the information systems of participants. The details are required to be filled in when transferring debt to the budget of the budget system of the Russian Federation

The IL is not handed over to the debtor; it is a procedural document that can only be received by the claimant. You can photograph or make a copy from the materials of the enforcement proceedings, but from a practical point of view this does not make sense. The debtor will not find any constructive information on the merits in the IL. Don’t worry about how to find a writ of execution by production number - it’s better to immediately look for a solution. We tell you how to do this.

It also happens that you learn about debts from the bailiffs. You go to find out, and they show you a writ of execution. It contains a minimum of information, only “to whom” and “how much”. And for what, there are no details. The bailiffs don’t even know, they send me to court. In any case, you will have to go there - otherwise you won’t be able to appeal. Is it possible to look at the text of the court decision by the number of the writ of execution now? Where else can you get other important information? What services should I use?

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When visiting the site, you need to select the “Search for judicial acts” section. Next, in the form that appears, you should indicate the number of the case (material), the subject of the Russian Federation in which the court is located. In our case, this data was enough to check one writ of execution found in the public domain.

3 way. Check the writ of execution by calling If the bank was unable to obtain the necessary information using the specified services or if there were still doubts about the authenticity of the document, the Central Bank recommended contacting the court that issued the writ of execution and personally contacting the client.