Whether bailiffs are called or not. Loan debt collection – rights and responsibilities of bailiffs. What happens when a bailiff comes into my house

A writ of execution is the main document on the basis of which the debt is collected. If the debt is not repaid voluntarily, only with the help of a writ of execution can the enforcement procedure be initiated through the debtor’s bank or bailiffs. Therefore, the writ of execution must be stored very carefully. Unfortunately, no one is immune from the loss of a writ of execution. In this case, the claimant may ask for a duplicate of the writ of execution. How to do it?

Why are writs of execution lost?

From my own experience I can remember following reasons loss of writs of execution:

the fault of the bailiffs - one of our sheets was lost when the enforcement proceedings were transferred to another region (the debtor company did not have a branch in our city). Our bailiffs sent the sheet, but the Samara bailiffs did not receive the sheet. Where he disappeared is unclear;
again, the fault of the bailiffs - on one sheet they refused to initiate proceedings for us because they found an error in the sheet. The bailiffs returned the writ of execution by mail either to our address or to the court. Neither we nor the court received this letter;
the fault of the Russian Post - a valuable letter with a writ of execution was sent to the debtor's bank in Moscow. There was no notification of receipt; the status of the letter did not change for a long time on the Russian Post website. We filed an application to search for the letter and managed to receive a duplicate of the writ of execution. About six months later, the letter with the original sheet was finally returned to us.

Laws on issuing a duplicate of a writ of execution

The issue of issuing a duplicate writ of execution is regulated by Article 430 of the Code of Civil Procedure of the Russian Federation (for sheets issued by courts of general jurisdiction) and Article 323 of the Arbitration Procedure Code of the Russian Federation (for sheets issued by arbitration courts). The procedure and conditions for issuing duplicates under both codes are similar.

How to protect yourself from losing a writ of execution?

always make yourself a photocopy or scan of the writ of execution (only 1 page with the word “decided” is enough, a page with data about the debtor and the collector, and a page for notes on execution);
in the application for execution, always make the “Appendix” item and indicate there the number of the Supreme Court writ of execution No. 000000000;
If you submit an application for execution in person, always have 2 copies with you for marking. It needs to be stored;
if you are sending a sheet for execution by mail, use valuable letter with a description of the contents and notification of delivery. Keep the mailing receipt (with ID number), a list of the attachment with a postmark, and the mailing notification (if it is returned to you).

Are there any deadlines for requesting a duplicate of the writ of execution?

Yes, I have. A duplicate can be requested within the deadline for presenting the sheet for execution. It amounts to 3 years from the date the court decision entered into legal force. This period can be viewed on your writ of execution on the page with information about the debtor and claimant.

There is 1 exception to this rule: if your original sheet was lost by the bailiffs. You need to request a duplicate within 1 month from the moment you learned that the sheet was lost. In this case, you can ask the court for a duplicate of the writ of execution, even if the 3-year period for presentation for execution has already expired. This is stated in paragraph 15 of the Review of judicial practice of the Supreme Court of the Russian Federation No. 5 for 2017 dated December 27, 2017 (definition 16-КГ16-43).

How to request a duplicate of a writ of execution from the court?

Do official request to that bank or bailiff department, where you sent the lost writ of execution.
Provide information about the sheet, ask to know its fate and confirm the lack of execution in your favor.

Submit an application for the issuance of a duplicate writ of execution to the court that made the decision and issued the original writ of execution.
If your case was considered in appeal or cassation, the application must be submitted to the court of 1st instance. The application can be submitted in person or sent by mail.

The application must be accompanied by:

copies of the application for a duplicate for all persons participating in the case (defendant, third parties, etc.);
a copy of the representative’s power of attorney (if the application is submitted by a representative of a citizen or organization);
evidence of loss of the original writ of execution. We usually attached: a copy of the writ of execution itself (1 page and 3 pages with data about the debtor and the claimant), a copy of the application for execution to the bank or bailiffs, a copy of the postal receipt or register of sending the letter with the sheet, a copy of the delivery notice and/or a printout from the Russian Post website about tracking the letter; a copy of the list of attachments in the valuable letter; response from the bank or OSB regarding the fate of the writ of execution;
The arbitration court will also require copies of postal receipts for sending your application to all participants in the process.

There is no need to pay a state fee when requesting a duplicate of a writ of execution.

An application for the issuance of a duplicate writ of execution to the arbitration court can be submitted through the official My Arbitr service.

Within 10 days from the date of receipt of your application the court must schedule a hearing on your application.
In practice, this deadline is not always observed. All participants in the process will be notified about the meeting. But even if no one comes to it, the court will still consider your application. The judge will examine your documents and make a decision: issue a duplicate or refuse to issue a duplicate.
If you are denied a duplicate, you can appeal the court's ruling.
To do this, you must, within 15 days from the date of the determination, file a private complaint with a higher court through the court that refused to issue a duplicate (for courts of general jurisdiction). For arbitration courts, the deadline for filing a complaint against a refusal to issue a duplicate is 1 month.
If the court decides to issue a duplicate sheet:

in the arbitration court they can make you a duplicate “immediately”, because the rulings of the arbitration court are subject to general rule immediate execution.
in a court of general jurisdiction, you will have to wait 15 days for this determination to come into force (unless other participants in the process appeal it). After this, the office will be able to produce and issue you a duplicate.

The speed of issuance in practice depends on the efficiency and workload of the office. On average, in a court of general jurisdiction (magistrates, city court), the issuance of a duplicate from filing an application to receiving the duplicate in our hands took us 1-2 months.

In this case, the validity of the writ of execution is suspended on the basis of the bailiff's decision. For how long is a suspension permissible? The period depends on the specific circumstances of the case. In particular:

in the event of the death of the debtor - until the moment when the procedure for entering into the inheritance of his relatives is completed;
when the debtor serves in the army, long-term treatment, long business trip - before the end of service, treatment or business trip;
in the event that the actions of the bailiff or the grounds for issuing the sheet are disputed - until the court makes a decision in this dispute.

IN general case The rule applies: suspension lasts according to law until the grounds for it cease. Return of the writ of execution In some cases, the bailiff may return the writ of execution to the collector without completing the proceedings.

ANSWER: According to clause 4, part 1, article 46 Federal Law“On Enforcement Proceedings”, the executive document, according to which the collection was not carried out or was carried out partially, is returned to the claimant if the debtor does not have property that can be levied on, and all measures taken by the bailiff permissible by law to find his property were unsuccessful; By virtue of Part 4 of Article 46 of the Law, the return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution for execution within the period established by Article 21 of this Federal Law. This article allows for the possibility of returning the writ of execution to the claimant in the absence of the debtor Money, as well as any property through the sale of which the claimant can receive the funds due to him.

What is the validity period of the writ of execution?

How long a writ of execution is valid Important Writs of execution issued on the basis of judicial acts, with the exception of writs of execution specified in parts 2, 4 and 7 of this article, can be presented for execution within three years from the date of entry into force of the judicial act. (as amended by Federal Laws dated 05/05/2014 N 126-FZ, dated 03/08/2015 N 57-FZ) (see.

text in the previous edition) 2. Repeated presentation of the writ of execution Judicial acts, acts of other bodies and officials in cases of administrative offenses may be presented for execution within two years from the date of their entry into legal force. (as amended by Federal Law dated April 21, 2011 N 71-FZ) (see text in the previous edition) 8.

The deadlines for presenting for execution enforcement documents not specified in this article are established in accordance with federal laws. 9.

How long is the writ of execution valid?

Attention

Writs of execution issued on the basis of judicial acts of arbitration courts, for which the arbitration court has restored the missed deadline for presenting the writ of execution for execution, can be presented for execution within three months from the date the court issues a ruling to restore the missed deadline. 3. Court orders may be submitted for execution within three years from the date of their issue.

Important

Enforcement documents containing demands for the collection of periodic payments may be presented for execution during the entire period for which the payments are awarded, as well as within three years after the end of this period. 5. Certificates issued by commissions for labor disputes, can be presented for execution within three months from the date of their issue.

Legal services in Kursk

The exception is writs of execution for the collection of periodic payments; such writs of execution can be presented during the entire period of their execution. These periodic payments include, for example, alimony. Accordingly, a writ of execution can be presented during the entire period until the child turns eighteen years old, and after turning eighteen years old within three years from the date of majority. If the writ of execution is filed after the expiration of the three-year period, then it must be returned to the claimant. At the same time, a missed deadline can be restored provided that it was missed according to good reason, for example, due to the illness of the claimant.

Re-presentation of the writ of execution

The law establishes that the validity period of a writ of execution is three years from the moment the judicial act on the basis of which it was issued came into force. It is important to remember this circumstance, because, unfortunately, many believe that this period is counted from the moment the sheet was received in hand. This is absolutely not true. The claimant can go to court and receive it at any time. However, if three years have already passed, there is no point in this anymore: the deadline for receiving the writ of execution has already expired, and the bailiff simply will not accept it for execution, but will issue a decision to refuse.
However, where, by a court decision, the debtor is obliged not to pay a specific amount, but to make periodic payments (as, for example, in alimony cases), the terms will be completely different.

Article 21. deadlines for presenting writs of execution for execution

At the same time, there is a limitation - the deadline for presenting the writ of execution for execution is the period during which the claimant can re-submit the writ of execution. Part 1 of Article 21 of the Federal Law “On Enforcement Proceedings”, writs of execution issued on the basis of judicial acts, with the exception of writs of execution specified in parts 2, 4 and 7 of this article, can be presented for execution within three years from the date of entry of the judicial act into legal force. Enforcement documents containing demands for the collection of periodic payments may be presented for execution during the entire period for which the payments are awarded, as well as within three years after the end of this period (Part 4 of Article 21 of the Law). This The article establishes a general period of three years from the date the court decision enters into legal force.

Validity period of the writ of execution???

On the deadlines for submitting a writ of execution Acts of the bodies exercising control functions, drawn up in the established manner, on the collection of funds with the attachment of documents containing marks of banks or other credit organizations in which settlement and other accounts of the debtor are opened, on complete or partial failure to fulfill the requirements of these bodies in connection with the lack of funds in the debtor’s accounts sufficient to satisfy these requirements may be brought for execution within six months from the date of their return by the bank or other credit institution. 6.1. Acts of bodies exercising control functions drawn up in the established manner on the collection of funds without attaching the documents specified in Part 6 of this article can be presented for execution within six months from the date of their issuance.

Writs of execution issued on the basis of judicial acts, with the exception of writs of execution specified in parts 2, 4 and 7 of this article, can be presented for execution within three years from the date of entry into force of the judicial act. Writs of execution containing demands for return on the basis of an international treaty Russian Federation a child illegally transferred to the Russian Federation or detained in the Russian Federation shall be presented for execution within one year from the date of entry into force of the judicial act. (as amended by Federal Laws dated 05/05/2014 N 126-FZ, dated 03/08/2015 N 57-FZ) (see text in the previous edition) 2.

In this case, together with the refusal order, the bailiff returns the sheet to the claimant, and he must go to court again and receive a properly certified document with corrected inaccuracies. Actions of the bailiff Having received the writ of execution, the bailiff first gives the debtor 5 days to voluntarily pay the amounts due.

If this does not happen, enforcement actions begin: seizing the debtor’s bank accounts, sending documents to him at work to collect the debt from his salary, and as a last resort– seizure of property and sale of it at auction. Is it possible to suspend production? The law allows for the suspension of a writ of execution.

The writ of execution expired twice

In this case, the enforcement proceedings are completed, and the bailiff returns the sheet to the claimant. The deadline for returning the writ of execution in this case is three working days.

Info

If the sheet is returned without execution, it can be resubmitted no earlier than six months later. However, do not be afraid that this will lead to the expiration of the sheet: the period automatically expires during execution.

Thus, if the sheet is returned, the period for presentation begins to count again. Repeated Enforcement The rules described above regarding resubmission may be applied multiple times.

Thus, even if the debtor does not have property, the document for execution can be submitted more than once. In this case, the three-year period will be restored each time if the claimant receives it back.

However, there is nothing to be happy about here.

Did you file your complaint correctly?
Okha City Prosecutor of the Sakhalin Region
from ……………………….. registered at the place of residence:
st……………………..

Complaint about the inaction of bailiffs.
In the department of bailiffs in the Okha district of the bailiff service there is enforcement proceedings dated August 11, 2014 No. .....-IP, initiated on the basis of writ of execution No. 1-.... dated May 16, 2014, issued by the Okha City Court of the Sakhalin Region on July 30, 2014 in criminal case No. 1-1... with the subject of execution for the recovery of material damage in the amount of 24,100 rubles from the debtor Nikolai........ in favor of the claimant Olga.....
On January 29, 2019, I filed a complaint in the order of subordination against the Resolution of the bailiff dated ..... 2018 to the head of the bailiff department for the Okha region of the Office of the Federal Bailiff Service for the Sakhalin Region N, but there was no response and no measures were taken.
By the resolution on the completion and return of enforcement proceedings dated August 11, 2014...... dated December 29, 2018, issued by bailiff A.A., which I received on January 25, 2019, it was reported that as of December 29, 2018, the debt is ..... ruble 87 kopecks, but since the debtor does not have property that can be levied against, and all measures taken by the bailiff permissible by law to find his property were unsuccessful, the debtor does not have property, then the enforcement proceedings are completed and the enforcement is returned sheet to the claimant O.V.. According to the evidence presented, the Act dated January 05, 2019 on the existence of circumstances in accordance with which the writ of execution is returned to the claimant, approved by the head of the department M.O., if it was a day off, but not on the day of the Resolution dated December 29, 2018. The bailiff issues a resolution to terminate the enforcement proceedings and to return the enforcement document to the claimant only after approval of the Act (Article 46 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”). I believe that the enforcement proceedings were completed unreasonably and illegally, since documents were forged. In accordance with Article 64 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings,” enforcement actions by the bailiff A.A. Udalets were not carried out, since all measures provided for by law to find the debtor’s property and execute the court verdict were not taken , since documents confirming that Appliances, computer or laptop, telephone, gold jewelry and other things in the apartment were not purchased by the debtor, but belong to his relatives, are missing if everything was acquired jointly with his mother or wife, but the property is assessed according to the rules established by the Federal Law “On appraisal activities In Russian federation", bailiff- the performer did not produce. In addition, bailiff A.A. Udalets did not serve N.V. referral to the employment service. Information on the progress of enforcement proceedings and completed enforcement actions on the location of the debtor and his property at the place of residence at the address: Sakhalin region, Okha, and at his location at the address: Sakhalin region, Okha, .. is missing, which means The bailiff did not apply enforcement measures. Moreover, there is no resolution on the search for the debtor or his property or on the refusal to announce such a search, and the bailiff A.A. no visits were made to the debtor’s place of residence or location in order to identify all property subject to seizure and foreclosure. Since, N.V. is serving a sentence in a correctional institution, but the Resolution on foreclosure of the earnings due to the debtor, which, together with a copy of the writ of execution, was not sent for execution to the correctional institution at the place where the debtor was serving the sentence. According to Part 2 of Article 100 of the Federal Law dated October 2, 2007 No. 229-FZ (as amended on August 3, 2018) “On Enforcement Proceedings,” penalties under enforcement documents are applied to wages, pension or other income of citizens serving sentences in correctional institutions, including medical correctional institutions, medical and preventive institutions, as well as in pre-trial detention centers when they perform the functions of correctional institutions in relation to these citizens. According to Part 1 of Article 121, Article 122 of the Federal Law of October 2, 2007 No. 229-FZ (as amended on August 3, 2018) “On Enforcement Proceedings”, decisions of the bailiff and other officials of the bailiff service, their actions (inaction) regarding the execution of a writ of execution may be appealed by the parties to enforcement proceedings, other persons whose rights and interests are violated by such actions (inaction), in the order of subordination and challenged in court. A complaint against a decision of an official of the bailiff service, his actions (inaction) is filed within ten days from the date the bailiff or other official issued a decision, committed an action, established the fact of his inaction or refused to challenge. A person who was not notified of the time and place of action shall file a complaint within ten days from the day when this person learned or should have known about the adoption of a decision or the commission of actions (inaction). However, I received the Resolution on the completion and return of enforcement proceedings dated August 11, 2014 No. 842 dated December 29, 2018, issued by bailiff A.A. Udalets on January 25, 2019. In accordance with clause 1, part 6, article 47 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings,” copies of the bailiff’s resolution on the completion of enforcement proceedings are not later in the day, following the day of its issuance, are sent to the claimant. The return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution for execution within the period established by Article 21 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings”. In accordance with paragraph 1 of Article 21 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings,” writs of execution can be presented for execution within three years from the date the judicial act enters into legal force. But Article 22 of the Federal Law “On Enforcement Proceedings”, the period for presenting the writ of execution for execution is interrupted by the presentation of the writ of execution for execution or partial execution of the writ of execution by the debtor. And after the break, the period for presenting the writ of execution for execution is resumed. The time elapsed before the deadline is interrupted does not count towards the new deadline. If the writ of execution is returned to the claimant due to the impossibility of its execution, the period for presenting the writ of execution for execution is calculated from the day the writ of execution is returned to the claimant. The writ of execution, according to which the collection was not carried out or was carried out partially, is returned to the claimant if the debtor does not have property that can be levied on, and all the measures taken by the bailiff permissible by law to find his property were unsuccessful.
In this case, enforcement proceedings are subject to completion by a bailiff in accordance with Art. 47 of the Law “On Enforcement Proceedings”. And after this, the claimant again has the right to once again present the writ of execution for execution within a three-year period, which begins from the moment it is returned to the claimant. The writ of execution loses its effect only if the Claimant does not present it for execution within three consecutive years.
On January 29, 2019, I applied again to accept for execution writ of execution No. 1-18/14 dated May 16, 2014, since the debtor N.V. the amount has not been fully recovered, the debt is 1 ruble 87 kopecks. The return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution for execution within the period established by Article 21 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings”.
The decision to refuse to initiate enforcement proceedings dated August 11, 2014 No. 8422/14/65010-IP dated January 29, 2019, issued by bailiff S.P., was refused. According to Part 2.1 of Article 30 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”, it is stipulated that an application to initiate enforcement proceedings can be submitted earlier than the specified period if there is information about a change in the debtor’s property status, since the bailiff does not took into account that N.V. is serving his sentence in a correctional facility. The resolution to foreclose on the earnings due to the debtor, which, together with a copy of the writ of execution, was not sent for execution to the correctional institution at the place where the debtor was serving his sentence. In addition, until now, I have not been provided with the materials of the enforcement case of August 11, 2014 No. ... for review, based on my appeal dated January 29, 2019. Based on the above, in accordance with Articles 123, 127 and Article 50 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”,
I beg:
Cancel completely the Resolution on the completion and return of enforcement proceedings dated August 11, 2014 No. .... dated December 29, 2018, and initiate enforcement proceedings dated August 11, 2014 No. ... dated December 29, 2018.
Provide for review the materials of the case of enforcement proceedings dated August 11, 2014 No. ....
Applications:
1.Writ of execution No. 1, dated May 16, 2014, issued by the Okha City Court of the Sakhalin Region dated ... 2014 in criminal case No. 4 on 4 pages.
2. A copy of the Resolution on the completion and return of enforcement proceedings dated December 29, 2018 on 1 sheet.
3. A copy of the act on the existence of circumstances in accordance with which the writ of execution is returned to the claimant dated December 29, 2018.
4.Copy of the Resolution on refusal to initiate enforcement proceedings dated January 29, 2019.