The nuances of revoking a writ of execution from a bank - a sample application for the return of IL

Hello, in this article we will try to answer the question “Application for the return of a writ of execution from a bank.” You can also consult with lawyers online for free directly on the website.

The revocation of the writ of execution causes the suspension of the collection procedure from the debtor, which may be due to the personal desire of the creditor; the reason may be the death of the debtor or the impossibility of withdrawing funds from him. If the application is made to a bank, then in the upper right corner of the application the details of this bank are written, indicating its head.

Krasnodar, st. Krasnoarmeyskaya, building 34 (The writ of execution was previously given to the same department). According to paragraph 3.2 of the Regulations of the Central Bank of Russia dated April 10, 2006.

At the moment, on October 30, 2014, the writ of execution was not returned to me, and moreover, earlier it was sent by the Bank for some reason to Rostov-on-Don..

Application for return of writ of execution

The essence of the problem is that after receiving the writ of execution, the Bank sends the original document to another city before full payment of the writ of execution is made, and the bank employees insistently offer to return it by mail to the applicant’s address. As a result, the applicant bears additional risks of losing the writ of execution in the mail, and also wastes time.

I hereby send the writ of execution to the series. No. from. g. issued. by the court in case no. I ask you to initiate enforcement proceedings. Please send me a copy of the resolution to initiate enforcement proceedings.

Below the “header” is the body of the message. It consists of a request to begin collection. This requirement must be justified. Therefore, to begin with, it would not be amiss to describe the entire background. Namely, the date of the verdict, the name of the court, the amount and principles of compensation (collection) are indicated.

Application to the bank for a writ of execution - sample

If, as a result of all these actions, the amount recovered is not returned, you can request the return of the writ of execution by writing a statement, a sample of which can be downloaded below. The revocation of the writ of execution causes the suspension of the collection procedure from the debtor, which may be due to the personal desire of the creditor; the reason may be the death of the debtor or the impossibility of withdrawing funds from him.

If the debtor does not plan to repay the debt, the lender will be forced to wait for repayment until he submits the writ of execution with an accompanying letter to the bailiffs for enforcement. A sample letter to bailiffs regarding a writ of execution can be found below.

Non-payment of loan obligations or non-execution of court decisions have recently become common circumstances. The claimant must remember that he can present the writ of execution at the place of execution, that is, not only the bailiff can do this. Three features of enforcement proceedings should be distinguished.

Within 3 months from the date of presentation of the writ of execution, the debtor is obliged to return the funds. In accordance with Art. 22 Federal Law “On Enforcement Proceedings”. payment will not occur if:

  • The plaintiff did not provide the writ of execution to the debtor or the bailiff service;
  • The document was compiled with errors;
  • The deadline for submitting the writ of execution has been missed;
  • The document was revoked by the claimant.

Consequences of document revocation

There are certain pitfalls for the claimant during the procedure for revoking a writ of execution

  • no accumulation of debt while the collector and the debtor resolve issues of reconciliation and fulfillment of the obligation on a voluntary basis (this is what dishonest citizens and organizations are counting on),
  • failure to receive funds on time,
  • lack of payments, including irregular ones,
  • transfer of funds in a smaller amount compared to what is established in the writ of execution.

What to do if the debtor does not pay according to the writ of execution?

In these situations, the claimant will need to again apply to the judicial authorities for restoration of violated rights, and this will take time.

It can play in favor of the debtor, who has the opportunity to change jobs, close accounts and take other actions to avoid obligations. In some cases, the opposite happens: the debtor acquires a higher position and income, which will allow him to pay off the debt much faster.

Watch the video. How a bank can retain money for debts:

Related article: Where to apply for a writ of execution after trial

Application for return of the writ of execution to the bank

The writ of execution itself is not enough. It must be accompanied by an appeal to the senior bailiff with a request to begin proceedings to collect payments ordered by the court. Such statements are drawn up in free form. Free examples can be found below. But, nevertheless, you need to prepare for writing it. Next will be an explanation of its structure and form.

According to Art. 47 FZ-229, revocation of the writ of execution by the court becomes possible in circumstances where the original decision was decided on illegality.

The Claimant hereby requests that the Writ of Execution be returned to him and the enforcement proceedings completed in accordance with paragraph 3 of Part 1 of Article 47 of the Federal Law “On Enforcement Proceedings”.

When the revocation occurred during the ongoing proceedings and part of the funds or property was recovered in favor of the plaintiff, the material assets are returned to the owner.

I ask you to return to us the writ of execution No. issued in 2020 without execution. I ask you to hand over the writ of execution No. issued by "" in 2020 to the representative of OJSC "" by proxy. Annex 1.

DOC /.DOCX / .PDF / .RTF In (name of the bank) from (name of the claimant) (passport data or address of the location of the claimant), having an account in (name of the Bank of the claimant, its location) N BIK c/s APPLICATION 1 » » g.

In accordance with Art. 46 of the Law on Production, the writ of execution is returned at the request of the claimant.

Moscow dated “___” _______ 2009 (case No. A40-______________). Defendant – LLC “______________”, OGRN – ____________, INN – ___________, KPP – _______________, Settlement account ____________________.

This is important to know: Cover letter for executive documentation: sample

By thus eliminating the need for enforcement proceedings, it is possible to significantly reduce the time required for fulfilling orders for the collection of funds provided for by enforcement documents. The writ of execution is returned to the claimant (his representative acting on the basis of the relevant power of attorney) against receipt of receipt on the application or, if the claimant (his representative acting on the basis of the relevant power of attorney) indicated the address, by registered mail with return receipt requested.

A creditor who wins a lawsuit against a debtor has some time to submit a writ of execution. Based on the Federal Law “On Enforcement Proceedings”, Art. 21. This period is equal to 3 years from the date of receipt of the writ of execution.

In Art. 21 Federal Law-229 specifies the time period when the plaintiff can apply to the FSSP again with a request to resume execution of the proceedings (3 years). In this case, only the validity of the paper is suspended, while the period continues to accrue.

When is it necessary to revoke a writ of execution?

This procedure can be performed at any stage of collection, and the right of appeal is vested in the claimant or his authorized representative (by law, by power of attorney).

To revoke a document, it is necessary to draw up and submit an application to the relevant authorities, as stated in the Law “On Enforcement Proceedings”, Article 46, paragraph 1.

Also, the execution of a court decision can be temporarily suspended by the bailiff himself under the conditions described in Article 40 of the Law “On Enforcement Proceedings”. Among other reasons why enforcement proceedings may be suspended are the death of the debtor (due to the possibility of succession), participation in hostilities, stay in a medical institution, etc.

Typically, revocation occurs when people, the debtor and the claimant, have reconciled with each other, the debtor has fulfilled the requirements voluntarily or replaced the fulfillment with something else, and this option suits the creditor. Sometimes people withdraw a writ of execution when collection is obviously impossible.

The form in which an application to revoke a writ of execution is drawn up is arbitrary, but the requirement must contain several mandatory details:

  • full details of the applicant;
  • full details of the debtor;
  • the name of the institution where the application is being written, its address;
  • details of the official to whom the appeal is submitted (for bailiffs this will be the direct executor of your case or the senior bailiff of the district, in a bank it will be the head of a department or the entire structure);
  • Case number of the writ of execution and proceedings, the essence of the dispute, the name of the court that issued the writ, with the date of issue;
  • grounds for revocation (optional);
  • the method of sending the sheet (the wording is: “I ask you to hand it over personally or to a representative” or “I ask you to send it by mail”).

Related article: How to appeal a writ of execution: is it possible to challenge a writ of execution

Application for return of the writ of execution upon change of the recovering organization

I do not agree with these actions, since they violate my rights _________ (indicate what the violation of the applicant’s rights is).



If, as a result of all these actions, the amount recovered is not returned, you can request the return of the writ of execution by writing a statement, a sample of which can be downloaded below.

In this case, this is the replacement of forced penalties with voluntary payments. The payer voluntarily continues to contribute funds, within the same terms and from the same income, as established by the court.

The process of revoking a writ of execution implies that the writ of execution is returned to the creditor, and the collection action is temporarily suspended. This is formalized by preparing a corresponding application to the FSSP (or to the bank, if the writ of execution was submitted to it to remove the debt amount from the debtor’s account).

It would be a good idea to make one copy of the application for yourself. On it you will need to receive a mark about incoming registration.

Severe measures of this kind are temporary and are taken to ensure open enforcement proceedings.

In the event of termination of enforcement proceedings, a copy of the bailiff's decision to terminate enforcement proceedings is filed in the materials of the court case, and if by the time the decision is received by the court, the court case is destroyed - in the nomenclature file containing the originals of judicial acts.

In accordance with Art. 8 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, a writ of execution (including a court order) on the collection of funds or their arrest may be sent to a bank or other credit institution, regardless of the amount of collection.

The legal entity, in addition to the account details, must indicate in the application its name, INN, OGRN, place of state registration and its legal address.

How to revoke a writ of execution from a bank?

It is not uncommon for a sheet to be presented to a credit institution to make deductions from the debtor’s account. In this case, the procedure for applying is similar to the actions of the bailiffs, and the form of the application must be clarified with the bank itself.

The document flow there is quite strict, and a requirement written not according to the established template may simply not be accepted - take the required form from them. You can also send a review of the writ of execution in person, through an authorized representative or by post.

The nuances of revoking a writ of execution from a bank - a sample application for the return of IL

In this case, on the reverse side of the writ of execution, the bank makes a note about the reason for the return, and puts down the date of return indicating the amount collected, if there was a partial payment of the writ of execution.

Often citizens initially file complaints with their servicing bank, which is incorrect. The credit institution only executes the bailiff's orders received by it. Until the error is recognized and corrected, the FSSP bank cannot cancel the transfer of funds or take any other actions.

The return of the writ of execution is made by the bank no later than the business day following the day of receipt of the application specified in clause 3.1 of these Regulations, in the following order.

Application to the bank for the return of the writ of execution for transfer to the Federal Tax Service

Based on the accepted application, the bailiff issues a decision to complete the enforcement proceedings and return the enforcement document to the recoverer. The resolution is sent to the claimant and the debtor.

After a decision is made to take restrictive measures, the traffic police are notified; in these cases, state inspectors do not have the right to re-register the car until the ban is lifted. You shouldn’t hide from these debts; the bailiffs will still find the debtor sooner or later, and this can happen at the most inopportune moment.

Sample application for refund of funds from bailiffs in 2021

After initiating enforcement proceedings, the bailiff may, in order to enforce the court decision, seize the debtor's accounts, seize his property or even seize it and put it up for sale, as well as take other measures to ensure the execution of the judicial act.

If, as a result of all these actions, the amount recovered is not returned, you can request the return of the writ of execution by writing a statement, a sample of which can be downloaded below. The revocation of the writ of execution causes the suspension of the collection procedure from the debtor, which may be due to the personal desire of the creditor; the reason may be the death of the debtor or the impossibility of withdrawing funds from him.

If you are not given an answer within 13 days from the date of receipt of your application to the bailiffs, Article 64.1. Federal Law “On Enforcement Proceedings”, then write a complaint to the prosecutor’s office and ask to conduct an inspection and punish the officials under Article 5.59. I ask you to return to us the writ of execution No. ___________, issued by “___” on _______ 20__ without execution. I ask you to hand over the writ of execution No. _________________, issued by “___” on _______ 20__ to the representative of OJSC “___________” by power of attorney.

Types of reviews

Enforcement proceedings are distinguished according to three features:

  1. When the creditor completely refuses the collection procedure both for the current date and in the future. This is possible for a number of reasons:
    • The debtor's obligations have been fulfilled.
    • The defaulter repaid the debt.

  2. There is no way to get the debt repaid due to the lack of property or funds from the defaulter.
  3. Death of the defaulter.
  4. There are also other grounds for the claimant to withdraw the writ of execution. For example, this may be the personal motives of the creditor. However, with this approach, it is impossible to resume production (Article No. 43 of the Federal Law “On Enforcement Proceedings”)

  5. Application for return of the writ of execution, i.e. review. Such actions involve temporarily stopping the collection procedure in order to transfer it to the FSSP service or bank. Accordingly, the claimant reserves the right to re-apply to the institution in order to further recover from the debtor the requirements from the document. However, the law establishes that re-sending IL for execution can happen, namely within 3 years. But if the bank has already received an application for revocation, then the period continues. If the FSSP service inspector fails to act, you can write a complaint addressed to his boss.
  6. Temporary suspension is possible in a number of cases, which are described in Art. No. 40 Federal Law “On Enforcement Proceedings”. Among such conditions are the death of the debtor, participation in a military conflict, treatment in a hospital, etc. Thus, the grounds are the debtor’s inability to fulfill obligations due to events beyond his control.

The return of the writ of execution is carried out by the recoverer by sending a corresponding application for revocation of the writ of execution to the FSSP branch or banking institution.

In this regard, the bailiff issues a ruling on the basis of which the documentation is returned to the creditor. As a rule, the creditor and the debtor have an agreement on a deferment or installment plan. It is recommended that both parties draw up the agreement in written format, because... the creditor can return the IL to production at any time.

Application for return of writ of execution

Enforcement proceedings for a number of reasons may be suspended (by a court decision or a bailiff's order) and, accordingly, during this period penalties in open proceedings will not be carried out. But there is a procedure for resuming enforcement proceedings.

The application must include the following information:

  1. The name of the authority to which the document is submitted.
  2. FULL NAME. bailiff.
  3. Number of enforcement proceedings.
  4. Information about the applicant (full name, address, telephone, fax, email address).
  5. Title of the document (application for return of the writ of execution).
  6. Information on the basis on which the proceedings were initiated.
  7. Information on the progress of the bailiff in fulfilling his duties.
  8. Link to the norm of the law allowing you to submit an application (clause 1, part 1, article 46 of Federal Law No. 229).
  9. The pleading part, which reflects the request to return the writ of execution.
  10. Applicant's signature.
  11. List of applications.

Payment can be made in cashless form or using a cell phone, the necessary documents will be sent to you by email, or in another convenient way.

On the return of the writ of execution to the claimant. In accordance with the Claimant's application, enforcement proceedings were initiated.

Application to the bank for the return of the writ of execution for transfer to the Federal Tax Service

If the credit institution does not comply with the bailiff’s order, it risks facing serious problems itself.

Deadline for execution of a writ of execution by a bank Collection under a writ of execution through a bank The legislation of the Russian Federation provides for the right of the claimant to independently submit a writ of execution further - IL for the implementation of the requirements set out in it to the bank servicing the accounts of the debtor. To begin with, let’s define what a court decision in absentia means. If the defendant, notified of the time and place of the court hearing, fails to appear at the court hearing, the court may...

This is important to know: Writ of execution to the tax office

This increases the likelihood that your debt will be collected quickly. Sorry, you are Alexey, not Sergey. Thank you Alexey! I submitted a writ of execution to Sberbank. Please tell me if they are telling the truth about the deadlines and what options do I have?

Contacting the bank

An application for collection must be submitted to the bank where the debtor has an account. If you send documents to all credit institutions in a row, you can lose valuable time. To submit claims to the debtor’s bank, consider the following nuances:

  • the validity period of the document for forced collection is 3 years from the date of entry into force of the judicial act;
  • the financial organization cannot fulfill the requirements related to the transfer of periodic payments (for example, current alimony cannot be received in this way without the consent of the debtor);
  • if there are funds in the account, the money will be immediately written off in favor of the creditor;
  • if there are insufficient funds, financial assets will be seized, and write-offs will occur with each receipt.

When applying, you must submit a writ of execution, an application from an individual or organization. You must also have a passport or other document proving the identity of the claimant. The applicant's representative must submit a notarized power of attorney.

When accepting documents, the identity and authority of the applicant, the presence of mandatory attributes on the writ of execution, and the seal of the court are checked. The claimant will receive a receipt confirming the date of receipt of the documentation. When sent by mail, you will have a receipt in your hands.

Submitting a writ of execution to the bank: how to fill out an application

Application sheet series ______ No. ___________________, dated “________” ___________________20____ Return the writ of execution to.

In accordance with Art. 229.1 Arbitration Procedure Code of the Russian Federation and Art. 121 of the Code of Civil Procedure of the Russian Federation, a court order is at the same time an executive document and is executed in the manner established for the execution of court decisions.

Here you will find sample statements that you may need, as well as articles on the analysis of situations arising within the framework of enforcement proceedings.

In your case, the bailiff must present the writ of execution to the bank, since you handed it over to the Bailiff Service. However, according to paragraph 1 of Art. 46 of the Law, you have the right to revoke the executive document, according to which the collection was not carried out or was made partially, by submitting a corresponding application to the bailiff.

Thus, you can draw up a statement using the recommendations given in the article. The sample proposed above can be modified when preparing an individual document.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Is the court required in the application for a turnaround? order to indicate your bank details to receive (return) the collected amounts or do this at the stage of receiving a writ of execution? Thank you. It is clear that it can be carried out provided that the alimony payer is officially employed and the recipient knows his place of work. An application must be attached to the writ of execution indicating the bank or postal details where the funds should be transferred.

Searching for the debtor Many debtors try by all means to avoid execution of the court decision and begin to hide.

Andrey, to cancel the court order by restoring the missed procedural deadline, there is simply no other option.

For a number of good reasons, many citizens are forced to contact the FSSP to obtain a certificate confirming the absence of enforcement proceedings opened in their name.

Presentation to the bank

The legislation of the Russian Federation gives the claimant the right to contact a banking organization where there are open accounts with the debtor, who is a legal entity. In this case, the writ of execution is not presented to the Federal Bailiff Service of the Russian Federation, and at the same time enforcement proceedings are not initiated.

The claimant will directly receive the funds due from the current account of the debtor - a legal entity.

What rules of law govern these relations?

  • Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings” (Clause 1, Article 8, Article 70 of the said normative legal act),
  • Regulations of the Central Bank of the Russian Federation dated April 10, 2006 No. 285-P “On the procedure for the acceptance and execution by credit institutions and divisions of the Bank of Russia settlement network of executive documents presented by creditors.” This document contains provisions that banking organizations are obliged to accept enforcement documents from collectors in cases where the organizations-debtors under IL have open current accounts with a financial institution.

Related article: Writ of execution for collection of state duty

Note! The claimant gains time that would have been spent on applying to the FSSP of Russia and initiating enforcement proceedings in accordance with established legal norms. Thus, receiving the funds due is possible in an expedited manner.

How the writ of execution is returned at the request of the claimant

The forced collection procedure with the participation of a FSSP bailiff allows for its possible completion in a number of cases. Let's look at all sorts of situations and give an example of an application to terminate an individual entrepreneur.

To facilitate the search, as well as to encourage citizens to pay their debts on time, the official website of the FSSP of Russia has been created, which provides such data in the public domain. On www.fssprus ru it is not difficult to find out your debt by name, number of the writ of execution or resolution.

The question is this. We have a writ of execution in our hands to the counterparty. The debtor has three accounts in different banks. The first VTB bank wrote off an amount of 50 thousand for the executive. We took the executive, since no movements were expected on the current account. The amount to be recovered from the debtor is 1 rub.

When contacting the tax authority, you will need to present the original copy of the writ of execution. For more information on how to obtain such information, see

The company won the dispute and received a document in court to collect the debt. It can be transferred to the FSSP, but the creditor has the right to act independently. To present a writ of execution to the debtor's bank, prepare and submit an application.

They sent an SMS from the bank that the writ of execution has been sent from Moscow to my city, and will be available at the end of the week.

The application is drawn up by the claimant or his representative and submitted to the bailiff service in any way (by courier, by mail, in the form of an electronic document signed with a digital signature).

According to paragraph 6 of Art. 70 Federal Law dated 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, in case of reasonable doubts about the authenticity of the writ of execution, the bank has the right to delay the execution of the writ of execution to verify it, but for no more than 7 days. At the same time, the bank suspends transactions with funds in the debtor’s accounts within the limits of the collected amounts.

Applications A writ of execution not executed for any reason may be returned by the claimant based on an application. The appeal is made at the place of transfer of the sheet for execution to the bailiff service, bank. In the article you can apply for the return of an unfulfilled sheet.

I recommend the following: with the writ of execution, go to the bank specified in the details of the insurance company. There you hand over the sheet. In three days the maximum will be paid to you. Very reliable.

A credit organization for failure to comply with a judicial act may be held liable under Art. Many creditors who have obtained a decision in their favor in court are unable to wait a long time for it to be enforced.

According to this rule, return is possible at the initiative of both the bailiff and the recoverer. In this case, the collection does not have to be made in full - to return the writ of execution, only partial execution or non-execution is allowed.

After specifying the title, you should indicate the text of the appeal:

  • confirmation that the addressee was presented with a writ of execution with a specific number to collect funds from the debtor (all necessary details are indicated);
  • the reason for the revocation of the writ of execution depends on the place where the writ was filed, as well as the prevailing circumstances;
  • request to return the writ of execution; if the return must be made to a representative, then indicate his details, as well as information about the authorizing power of attorney;
  • list of attached papers, if any;
  • applicant's signature;
  • date of application.

Persons who, for a number of reasons identified by the bailiff, can be classified as inveterate debtors or persistent defaulters, may receive a “red light” when trying to cross the border. Severe measures of this kind are temporary and are taken to ensure open enforcement proceedings.

Sample application to the bank for revocation of execution of a writ of execution

If you have a writ of execution or a court order for debt collection, you can contact the bailiffs to initiate enforcement proceedings against the debtor. If you want to independently transfer enforcement documents to Sberbank for collection from the debtor’s account, contact the Sberbank office and present:. If a representative of the claimant presents the writ of execution to the bank, then a power of attorney from a notary is also required.

This is important to know: Criminal liability for failure to comply with a writ of execution

Application for filing a writ of execution from an individual claimant. The bank processes the writ of execution in accordance with the Federal Law dated If the debtor is a legal entity or individual entrepreneur (individual entrepreneur), you can find out the status of processing of the writ of execution using:. If you want to revoke a writ of execution, submit an application for revocation to the bank. After submitting an application for revocation, the original document will be sent to the postal address specified in the application.

Application for revocation of a writ of execution. If you want to simultaneously revoke several enforcement documents regarding individuals by the registry, the application form for revocation is located here. Main menu. Loans Loan for any purpose Loan for youth and pensioners Loan refinancing Educational loan with government support All loans Purchases on credit Credit cards Non-targeted loan secured by real estate Mortgage. Find out more. Mortgage loans Mortgage for finished housing Mortgage for new buildings Refinancing of mortgages and other loans Mortgage holidays Mortgage insurance Removal of encumbrances from real estate.

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If you want to independently transfer the writ of execution to Sberbank for collection from the debtor’s account, contact the Sberbank office and present: - The original writ of execution - A completed and printed application If the writ of execution is presented to the bank by a representative of the debtor, then you will also need a power of attorney from a notary.

We recommend submitting executive documents to documentation reception offices. List of addresses: Centers for receiving executive documents. If the debtor is a legal entity or individual entrepreneur, you can find out the status of processing of the writ of execution using: - SMS notifications that will be sent to the mobile phone number specified in the application.

If the debtor is an individual: - Written notifications about the status of processing of the writ of execution are sent to the postal address specified in the application. Application for revocation of an executive document If you want to simultaneously revoke several executive documents in relation to individuals by the registry, the application form for revocation is located here.

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Application to the bank for a writ of execution - sample

The company received documents in court to collect debt from the counterparty. How to send an application to the debtor's bank to present a writ of execution. The company won the dispute and received a document in court to collect the debt. It can be transferred to the FSSP, but the creditor has the right to act independently. To present a writ of execution to the debtor's bank, prepare and submit an application. Useful recommendation: How to achieve execution of a judicial act. If the creditor suspects that it will be difficult to collect the debt - the debtor does not have funds, he is hiding assets - it is better to act through the bailiff service. But there are companies that are not going to evade execution of court decisions. In this case, the creditor himself can ask the bank to transfer the amount of debt to his account. To do this, you need to draw up an application to the bank for acceptance of the document and submit it along with the writ of execution.

How to submit a writ of execution to several banks?

There may be a situation where the debtor has several current accounts opened with different credit institutions. For example, each of them separately does not have enough funds to fulfill the claims of the creditor, and if money is written off from several accounts at once, the court decision will be executed.

Under such circumstances, two options are possible:

  • presentation of the writ of execution to the bailiff service. The bailiff will decide from which accounts and in what amount to write off funds to pay off claims;
  • present the sheet to the credit institution, and after partial fulfillment of the requirements contained in the sheet, revoke the writ of execution and present it to another credit institution.

It is impossible to submit documents to several banks at the same time, since the original writ of execution is issued by the court in one copy, and copies, even if they are notarized, are not accepted by the bank.

Additional copies or copies of the writ of execution due to the presence of different current accounts with the debtor are not issued by the court. Thus, the only possible and most rational option is to present the writ of execution to the credit institution, wait for partial fulfillment of the requirements, and then revoke the writ of execution and present it to another bank.

Application to the bank for the return of the writ of execution

The revocation of a writ of execution is carried out by submitting to the bank a written application drawn up by the claimant by his representative, acting on the basis of an appropriate power of attorney in any form, indicating: the name of the debtor; surnames and initials, or names of the claimant; details of the executive document, as well as the name of the body that made the decision subject to enforcement. The application for revocation of the writ of execution is registered in the journal specified in paragraph 2. The return of the writ of execution is made by the bank no later than the business day following the day of receipt of the application specified in clause 3. The writ of execution is returned to the claimant to his representative, acting on the basis of the appropriate power of attorney against a receipt in receipt on the application or, if the claimant's representative, acting on the basis of the appropriate power of attorney, indicated the address, by registered mail with return receipt requested. In this case, on the reverse side of the writ of execution, the bank makes a note about the reason for the return, and puts down the date of return indicating the amount collected, if there was a partial payment of the writ of execution.

If you have a writ of execution or a court order for debt collection, you can contact the bailiffs to initiate enforcement proceedings against the debtor. If you want to independently transfer enforcement documents to Sberbank for collection from the debtor’s account, contact the Sberbank office and present:. If a representative of the claimant presents the writ of execution to the bank, then a power of attorney from a notary is also required.

How to make an application

Requirements for the form and content of the application are provided for in Article 8 of Law No. 229-FZ. The claimant must indicate:

  • details of your account to which the debited money will be transferred (in cash, funds can be withdrawn after deduction);
  • last name, first name, patronymic of the claimant, his citizenship, passport details, address details, Taxpayer Identification Number (for an individual);
  • name of the organization, TIN, OGRN, place of state registration and legal address (for a legal entity).
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