Timing of execution of the writ of execution by bailiffs. The order of recovery on the writ of execution
In accordance with Russian law,the court's decision is mandatory for execution, but not all respondents are in a hurry to comply with the court's requirements. Many deliberately shy away from their execution. The main measure of a coercive nature in this case is executive enforcement. It is initiated by the authorized persons of the FSSP.
Like any measure, the time for execution of the writ of execution by bailiffs is determined by law. Their regulation will be discussed in this article.
Submission of documents
Get the sheet on your hands right afterthe entry into force of a decision of a judicial authority. The dates of issue and the beginning of legal action are necessarily specified in the document. You can submit a sheet within three years.
Forced execution of a sheet is acceptedtogether with the plaintiff's application for acceptance, in which he must indicate: the name of the plaintiff and the defendant, addresses and telephones, the number of the executive document, the essence of the recovery (debts, alimony, moral damage, etc.), date and signature.
Sheets with demands for recovery of alimony andother types of content are presented during the entire period indicated by the court for making payments. The legislator also provides for their extension. Namely, after the expiration of the established term for execution of the writ of execution for alimony for three years (for example, after coming of age).
Execute and execute immediately, incompliance with the law, enforcement documents with the relevant requirements (alimony, reinstatement at work, payroll). The sheets on the basis of a court ruling on the application of measures to secure a claim (for example, on seizure, the establishment of a ban, etc.) are also subject to immediate execution.
Terms for other documents
- Within 3 years, judicial orders are accepted for execution.
- Decisions of the courts and authorized bodies(The Pension Fund, the State Traffic Safety Inspectorate, the Internal Affairs Directorate, the Tax Inspectorate, the customs authorities, the KDN, etc.) on the collection of administrative fines have deadlines for execution on the execution sheet within two years from the date of the official action.
If the court postponed the execution of the decision(deferred payment or installments are granted), then the sheet may be presented after the expiry of the period specified by the judicial body in the event of the obligations not fulfilled by the defendant.
The terms established by the legislation are subject to mandatory verification by the executive body.
Upon the expiration of the period of presentation, the document will be immediately returned to the recoverer, and the initiation of proceedings is refused.
The time for execution by bailiffs of the writ of execution by law
On the basis of Russian legislation, the general term for execution of the writ of execution by bailiffs is two months. Expiration does not allow the FSSP employee to complete the production.
The debtor is given the opportunity to fulfill the requirements on the sheet voluntarily. Five days - the term of voluntary execution of the writ of execution.
Enforced measures against the defendant
If nothing happened during the voluntary execution of the writ of execution, the bailiff must apply coercive measures to the debtor:
- collect the performing fee;
- to seize and debit funds on accounts;
- to apply for salaries and other incomes;
- To check the property position and to seize the property with subsequent sale;
- limit the right to travel abroad, the right to drive and carry out registration activities in relation to transport and real estate;
- if necessary, bring to administrative responsibility;
- To declare the search in cases stipulated by law.
Return of the sheet and calculation of new terms
If the bailiff under the law took all measuresbut they did not bring any result (the lack of movable and immovable property in the property of the debtor, money in credit institutions, the place of work, the inability to locate the debtor's location), the executive document will be returned to the recoverer, and the production is completed in connection with the impossibility of execution.
The return of the executive document for the reasons stated does not preclude its re-presentation after six months from the date of return.
Calculation of the terms of execution of the executivesheet bailiffs for re-submission begins with the return of the document to the recoverer without taking into account the time during which the sheet was previously on performance.
Date of return of the document to the recoverer inmandatory registration of a FSSP employee with an indication of the reason for the return and the signature of the bailiff. Next to the mark of the bailiff, there must be a stamp of the department.
Features and terms of execution of the writ of execution on the alimony
If the decision has not been reversed or appealed incourt order, the executive documents (sheets and orders) on the recovery of alimony are presented immediately after the end of the established time for appeal (cancellation).
When executing such documents, the general collection procedure is applied, that is, all the above measures of compulsory collection, including search, are applied to the debtor.
The search for a debtor and his property is carried out byexecutive documents on the collection of payments on their children, as well as debts exceeding the amount of ten thousand rubles. At the time of conducting search activities, the process of enforcement proceedings is suspended.
The executive procedures for the recovery of alimony can not be completed due to the lack of ability to fulfill the requirements.
The production of the recovery of alimony ends with a bailiff only on the following grounds:
- Based on the direction of the copy of the documentenforcement proceedings at the place of work of the person against whom it was instituted, for the production of periodic payments (maintenance). In the case of the debtor's discharge, the documents are returned to the service, and the enforcement proceedings are re-instituted.
- In the event of a recall of an enforcement document by a court.
- In connection with the return of the sheet to the recoverer on his application.
- Executive lists, regardless of the nature of the requirements, may be presented for execution until the death of the debtor, provided that the three-year deadline is met.
- Documents on administrative cases can not be presented after the expiration of the statute of limitations for execution of the writ of execution of the committed offense (two years).
- If in the course of execution the debtor dies, the activities conducted by the FSSP co-workers are terminated. Accordingly, the deadline for execution by the bailiffs of the writ of execution is also.
- Alimony by law, unlike other property obligations, is not inherited.