Order of the magistrate to collect the debt. How to cancel a court order to collect a loan debt? Issuance of a court order for debt collection

Willful defaulters on a loan may face the fact that a court order will be sent to them to collect the debt. There are only 10 days to cancel it, after which it will be quite legal to seize the collateral from the borrower or seize his accounts.

Court order - what the law says

The peculiarities of the functioning of a court order are regulated by Chapter 11 of the Code of Civil Procedure of the Russian Federation. In particular, it indicates such characteristic features as:

• the order is issued by the judge alone, without the participation of the debtor and creditor;
• simplified legal proceedings are implied, i.e. the decision is made only on the basis of the documents provided;
• the amount under a court order to collect a debt cannot be more than 500 thousand rubles - if the limit is exceeded, a claim must be filed;
• the cost of the state duty is reduced by 2 times compared to a standard claim;
• the creditor can claim both cash and movable property (i.e. collateral);
• the order is also an executive document – ​​i.e. if it is available, you can easily initiate appropriate proceedings (in other words, give it to a bailiff, who will collect money from the defaulter).

What is a court order for debt collection and how is it issued?

Filing an application for a court order

The exact procedure for issuing this document is specified in federal legislation. In general, the procedure for obtaining a court order to collect a loan debt is quite simple for the plaintiff.

He needs:

• collect documents confirming the existence of obligations (agreement, receipt, etc.);
• pay the state fee;
• submit an application to the magistrate’s court at the defendant’s place of residence (this is why banks issue loans only to people with local registration - otherwise it is problematic for them to go to court);
• wait for a decision to be made - usually it is ready within 2-3 weeks, but a lot depends on the workload of the court.

Debt collection through a court order - sample document

The requirements for which a court order for debt collection is issued include: notarized transactions or executed in the form of a receipt, alimony, unpaid wages and debts for housing and communal services.

By loan and receipt

A court order can force you to repay any debt. Most often, banks resort to it to receive payment from the borrower for a loan in cash or by credit card.

For housing and communal services

But management companies, private creditors, managers of consumer credit cooperatives, microfinance organizations, etc. often resort to similar practices in order to collect debts for housing and communal services. The reason is the ease of obtaining a document and further production.

Entry into force and duration

As soon as a court order for debt collection is issued, the 10-day period for it to enter into legal force begins. For example, if it was issued on October 15, then on October 26 the creditor may well turn to the bailiffs to initiate proceedings for collecting money or property.

In this case, the defendant must be notified of the existence of the order within this very 10-day period. If he protests the order, it will be canceled and the claimant will have to file a full-fledged lawsuit.

Issuance of a court order for debt collection

But often the issuance of a court order to collect a debt is generally carried out without the participation of the responding party. As a result, the borrower learns that he must pay the creditor under the court decision from the bailiffs who came to his home or work.

But even in this case, the defaulter can still cancel the order by filing a petition with the judge to extend the deadline. True, this only works if there is an appropriate reason that will be accepted by the judge, for example, the payer was in the hospital or even went abroad and therefore could not react in any way.

What is the difference between a lawsuit and a court order for debt collection?

Procedure for notifying the debtor

Most often, courts notify defendants of their decision by mail. A copy of the order is sent to your home address by registered mail with notification. As soon as the debtor signs for its receipt, the 10-day period sufficient for appeal begins.

If the defendant did not receive the letter (ignored the notification), then it is returned to the court, and the period for the order to enter into force begins from this date.

In practice, the creditor rarely waits 10 days and is not at all interested in whether the defendant has received his copy of the order from the court. He simply takes it to the bailiffs, and they open production.

If the borrower does not agree with the court decision, then failure to comply with the terms of entry into force will serve as one of the reasons for canceling the court proceedings. However, the order itself will need to be challenged separately.

The statute of limitations for the order is 3 years. If during this period the creditor does not take any action to collect the debt, then it becomes invalid.

Where to see if there is a court order for debt collection

There are several options for where to view a court order for debt collection:

• on the FSSP website in the Enforcement proceedings section;
• on the website of the local magistrates court;
• at the clerk's office in court.

The lender also has its own copy. Most often, debtors find out that they became defendants in court and lost the case from the creditor or from the bailiffs. And the only document they see is the bank's copy.

To get your sample and try to protest it, you need to contact the office and apply for a court order to collect the debt. Since the court sent the original by mail, such applicant will be issued a duplicate, about which there will be a special notification.

But from a legal point of view, the original and the duplicate are equivalent, so there is no problem with this.

Actions of the debtor when issuing a court order

Having received their sample court order to collect the amount of debt, defendants begin to panic and do not know what to do.

Strictly speaking, there are only two options to respond here:

• repay all outstanding debt within the specified time frame;
• appeal the decision and get the court order overturned.

Most often, debtors, having seen the order, prefer not to get into trouble and pay everything due. This is done simply by transferring funds to the bank details attached to the document.

Be sure to take your copy of the order signed by the cashier or a check - this will serve as proof that the debt has actually been repaid (it will help if the payment got stuck somewhere and did not reach the creditor).

Statistically, debt collection through a court order is the most effective way to achieve payment. People prefer not to deal with the courts and urgently find the money they need.

But in fact, it is possible to appeal the order. And it’s even necessary if the lender charged too much interest or made a mistake. This will help achieve a more adequate consideration of the situation.

It happens that a court order is issued to the wrong person - in this case, of course, there is no need to pay anything.

What will happen if you do nothing

There is also a conditional third way - simply not to react to the order and continue not to pay. But this has its unpleasant consequences.

So, a court order has been received to collect the debt on a receipt or on a loan. It specifies specific individuals and deadlines for payment of obligations. However, the payer did not respond in any way within 10 days, and the order came into force.

The further development of events is as follows:

• the plaintiff submits the order to the bailiff service;
• they initiate enforcement proceedings;
• the bailiff addresses the debtor, explains his rights and obligations, and reveals his intentions regarding payment;
• If the debtor is hiding, then a statement is filed with the police to search for him.

If the debtor refuses to pay or begins to avoid meetings with bailiffs, then:

• bailiffs seize his accounts and seize funds to cover the debt;
• if there are no accounts, the real estate or car is seized until the obligations are paid (most often this is done when collecting debts for housing and communal services through a court order - the seized property cannot be sold, mortgaged, donated, etc.).
• the debtor's ability to fly abroad is limited.

In extreme cases, bailiffs can simply come to your home and seize property or cash. But this is an extreme case and is implemented quite rarely. The property is then sold at auction. If there are free funds left from the sale of property, they are returned to the payer.

How to appeal and cancel a court order

To cancel a court order to collect a debt, you must meet several conditions:

• the order must not enter into legal force (i.e. the 10-day period must not have passed);
• you must agree that there is indeed a debt.

To cancel an order, a counter-statement sent to the court in which the defendant asks to cancel it is sufficient. The order will be canceled immediately after it is registered.

How to correctly draw up an application to cancel a court order to collect a loan debt

What is it for? After all, the debt will still remain; moreover, the borrower will express his agreement with the existence of obligations. Cancellation of a court order to collect a debt can be useful for several reasons:

• the creditor will have to draw up a full-fledged statement of claim, and this is a waste of time and money; perhaps it will be easier for you to come to an agreement;
• you will get the necessary time to get money and pay off the debt;
• if the case goes to trial, you will be able to reduce the amount of the creditor's claims, for example, reduce the number of fines imposed.
• you will be able to protect the collateral property.

Conclusion

Some lawyers tend to view a debt collection order as a “mini-lawsuit.” This is true. It’s easy to get it - you just need to submit documents about the reality of the debt to the court and draw up an application. The order has the force of a writ of execution, and according to it you can demand the return of funds or collateral through the bailiffs. If there is no response from the debtor, his accounts and property may be seized. The order can be protested by simply filing an application - the main thing is to meet the 10-day deadline for it to come into force.

A court order is not only a court decision, but also an executive document, on the basis of which bailiffs begin the enforcement procedure.
From the article you will learn what legal disputes it can participate in, what the procedure for its issuance and execution is, as well as other features of this document.

○ What is a court order and what disputes can it involve?

The definition of this legal document is given in the Civil Procedure Code of the Russian Federation.

Court order - a court decision made by a single judge on the basis of an application for the collection of sums of money or for the recovery of movable property from the debtor according to the requirements provided for in Article 122 of this Code, if the amount of money to be recovered or the value of the movable property subject to recovery does not exceed five hundred thousand rubles (clause 1 of article 121 of the Code of Civil Procedure of the Russian Federation).

Thus, this is a decision that is made by the court unilaterally, in accordance with the application and information received from the plaintiff. It is the basis for the commencement of enforcement proceedings by bailiffs.

Disputes in which he can participate are determined by Art. 122 Code of Civil Procedure of the Russian Federation. Subject to this law, a court order may be issued for claims based on:

• On transactions certified by a notary.
• On agreements concluded in simple written form.
• On challenging securities by a notary.
• On disputes regarding alimony penalties for minor children.
• On an employee’s complaint about unpaid or incompletely paid wages.
• On an employee’s complaint about accrued but not paid compensation for the employer’s violation of deadlines for paying wages, vacation pay and other monetary obligations.
• On the fact of debt for utility bills and telephone services.
• On the fact of the presence of debts on mandatory payments and membership fees in partnerships and cooperatives.

Thus, with the help of a court order, it is possible to resolve legal disputes related to debt in various areas. It is important to understand that such a solution to the issue is only possible when a dispute between the parties is impossible in principle. For example, if we are talking about salary arrears, based on a certificate of its existence, the court makes a decision on the date by which the debt must be repaid. Calling the employer in the general manner, in this case, will only delay the resolution of the issue.

○ Differences between a court order and a decision on a claim.

The decision on the claim is made after the court considers the circumstances of the case and listens to the arguments of each party. At the same time, until the end of the process it is not known who will win, the defendant or the plaintiff.

And when the court makes a decision in the form of an order, the case is guaranteed to be decided in favor of the applicant, because:

• It is issued on the basis of documents that are indisputable (loan agreement, certificate of debt, etc.).
• The consideration is carried out without calling the participants, so the court will not hear any excuses from the debtor.

These are the disadvantages of a court order for the defendant, but this type of legal proceedings also has advantages for him. If he agrees with the plaintiff’s claims, he will be able to save on paying state fees, save his time and nerves.

Also, this way you can be sure that the size of the claim will not be increased during the trial, which is quite possible in a traditional hearing of the case. This is especially beneficial for banks and employers, who can thus save on fines and other sanctions and get by with paying the net amount owed.

And if the bank acts as the applicant, it can be sure that the debt will be paid because the defendant will not have the opportunity to protect his rights.

○ The procedure for filing a court order to collect a debt.

An application for the issuance of a court order is submitted according to the general rules of jurisdiction (Article 28 of the Code of Civil Procedure of the Russian Federation). According to them, you need to apply to the magistrate’s court at the defendant’s place of residence or his last known registered address. An exception is cases regarding the payment of alimony; in this case, the application can be submitted at the applicant’s place of residence (Article 29 of the Code of Civil Procedure of the Russian Federation).

The amount of the state fee is 50% of the cost of the claim in general legal proceedings; persons filing an application in the case of collecting arrears of alimony are exempt from paying it.

Despite the fact that this is a simplified type of legal proceedings, filing a court order also has its own nuances.

When the bank is the applicant, it can make a similar demand in case of non-payment of the debt for 2 consecutive months. In this case, he can do without prior notice to the debtor. The bank just needs to submit an application, attaching a copy of the loan agreement, account statement and debt calculation. Within five days the order will be ready, after which the debt collection procedure will begin.

When the applicant is an individual, he also needs to attach evidence of the eligibility of his claims. This could be a receipt, a lease agreement, a certificate of utility debt, etc.

Regardless of who acts as the applicant, the procedure for filing a petition is to send a statement to the court outlining your requirements and attaching evidence.

○ Deadlines for issuing the order and who monitors execution?

The court order is issued within 5 working days from the date of receipt of the application with supporting documents attached. But the date of entry into force of the document will not necessarily coincide with the date of its preparation.

The time after which the order will come into force must be indicated in the document, otherwise the bailiffs, who are obliged to monitor its execution, will have no grounds for collecting the debt.

And again we return to the topic of the Court Order, which is so frightening when it becomes impossible to pay the loan, and you find out that you have received it. In this material we will understand what kind of document this is, its functions, and what it obliges.

Definition

A court order is a court order issued by a single judge based on an application from a bank or other credit organization to collect money from a debtor. A court order is immediately an executive document. That is why banks, for the most part, when collecting debt on loans from a borrower (debtor), turn to magistrates with applications for the issuance of a court order, rather than filing statements of claim in court.

A court order is at the same time an executive document (a significant difference from other court decisions) and is carried out in the manner established for the execution of court decisions.

Therefore, debt collection based on a court order is much more profitable for banks and takes much less time to obtain a writ of execution. For example, when filing a claim in court, from the moment of filing the application to receiving the writ of execution, it takes from several months to a year, and sometimes even longer, but when collecting debts in the order of writ proceedings, from the moment the application for the issuance of a court order is received The magistrate judge has less than two months before the court order enters into legal force. Well, then the writ of execution will be handed over to the bailiffs and they will begin to work to collect the debt using all legal methods.

What should be contained in a court order:

• Contents of the court order
• The court order states:
• production number and date of the order;
• name of the court, surname and initials of the judge who issued the order;
• name, place of residence or location of the claimant;
• name, place of residence or location of the debtor;
• the law on the basis of which the claim was satisfied;
• the amount of money to be recovered;
• the amount of the penalty, if its collection is provided for by federal law or agreement, as well as the amount of penalties, if any are due;
• the amount of state duty to be collected from the debtor in favor of the claimant or in the income of the corresponding budget;
• details of the claimant's bank account to which the funds to be collected should be transferred if the foreclosure is carried out using funds from the budgets of the budget system of the Russian Federation.

Issuance of a court order or refusal to issue

Magistrate of court district No.

From……. (full name), residing…….

Tel………..

G. The magistrate of court district No. _____ issued a court order, according to which _____ rubles were collected from me to repay the debt under loan agreement No. _____. The court order was issued at the request of the claimant - Bank _________.

I object to the execution of this court order because I do not agree...(the grounds for cancellation, for example, a disproportionate amount of the penalty or the amount of the debt was incorrectly calculated).

Based on Art. 129 of the Code of Civil Procedure of the Russian Federation, the judge cancels the court order if the debtor raises objections regarding its execution within ten days from the receipt of a copy of the court order. A copy of the court order was received by me ______.

Considering the above and guided by Art. 129 Code of Civil Procedure of the Russian Federation. I ask: To cancel the court order of the magistrate of judicial district No. ______ dated _____ to collect from ______ an amount in the amount of ________ rubles to repay the debt under loan agreement No. ______.

You leave this statement with the magistrate or send it by registered mail with notification, and soon the court order should be canceled. And the bank has no choice but to sue you.

According to the United Credit Bureau, at the beginning of July 2017, the number of borrowers experiencing difficulties in repaying loans compared to the same period of the previous year increased by 5.5%.

Often, to collect credit debt, financial organizations, having calculated the upcoming expenses, are in no hurry to start legal proceedings.

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If the amount of debt is small, they sell it to a collection agency (up to 100 thousand rubles). If it is higher, they go to court, but not with a claim for consideration of a monetary claim in a lawsuit, but to obtain a court order (SP).

SP is a court decision that has the force of an executive document. An order differs from a court order in the simplified procedure for obtaining it and in the requirements for which the applicant goes to court.

Legal issues resolved with the help of a joint venture

It must be borne in mind that in a number of cases the proceedings are suspended (Articles 39, 40 of the Federal Law-229):

• loss of legal capacity by the debtor,
• long-term hospital treatment, business trip,
• being in military service,
• applying to the court for clarification about the amount of the debt, the method of payment, or asking for a deferment, installment payment,
• carrying out legal proceedings during which the issue of changing or canceling the payment of the enforcement fee is considered.

The period for which measures for the forced collection of funds are suspended is established depending on the circumstances by the court or the bailiff. Upon completion, the official will resume efforts to force the defendant to comply with the requirements.

Statute of limitations

According to the statute of limitations, the statute of limitations is three years from the date of issuance of the court order. After this time, the claimant will not be able to present the document for execution.

It should be noted that if there are good reasons, for example, illness, loss of a document due to circumstances beyond our control (theft, fire), the plaintiff has the right to petition the court to restore the deadline. As practice shows, in a number of cases, he manages to do this.

In addition, if the joint venture contains a requirement for the collection of regular payments, then it can be presented during the entire period of payments and three years after their end. This mainly concerns child support payments. Until the minor turns 21 years old (18 years +3 years), the joint venture has legal force and can be enforced at any time.

Conclusion:

1. An order is a document that allows the plaintiff to quickly and easily force the defendant to comply with the demands.
2. The joint venture is canceled by the defendant within ten days from the date of issue.
3. The bailiff must, within two months from the date of initiation of proceedings, force the defendant to comply with the requirements. The period may be increased due to the reasons specified in Art. 39.40 FZ-229.
4. The SP must be presented within three years from the date of issue. The exception is the requirement to pay alimony. At the request of the plaintiff, if there are objective reasons, the period of action is extended.

If you have questions about the topic of the article, ask them in the comments or to the site’s lawyer on duty. Also call the numbers provided. We will definitely answer and help.

Categories

• is the Federal Bailiff Service (FSSP. Activities regulated by presidential decrees, acts of the Government of the Russian Federation, the Ministry of Justice, judicial authorities and Federal laws. ARTICLE CONTENTS: Basic provisions Initiation of enforcement proceedings Enforcement measures Restriction of travel Inventory and seizure of property Restriction on registration actions Income , which cannot be levied Completion or suspension of proceedings Payment of debt Frequent causes of debt Conclusion In particular, Federal Law 229, which came into force on October 2, 2007, regulates: conditions for initiating proceedings (a set of measures aimed at forcing the defendant to fulfill the requirement of the law ; types of documents giving the right to a BSC official to carry out compulsory actions and measures; deadlines for submission; reasons for suspension or termination of enforcement actions; collection process (seizure of property, seizure, sale, freezing of accounts, withholding from income; rules for notifying the parties about the beginning and progress of enforcement proceedings; purpose and amount of the monetary fee for the defendant’s evasion of execution of the decision; deadlines, filing procedure, form of complaint against the actions of the bailiff Basic provisions The main provisions of Federal Law 229 are specified in the first chapter. Article 5 of the law defines the Bailiff Service as the body entrusted with the enforcement of court decisions and acts of government agencies. Bailiffs are officials of the Bailiff Service, called upon to carry out enforcement actions and measures. on the principles (Article 4: humanity (respect for a person’s personality; reasonableness (the debtor cannot be deprived of the latter); timely execution of enforcement actions; compliance with the law. According to Article 6, the requirements of the bailiff are subject to mandatory execution by all citizens of the Russian Federation and local self-government bodies. Otherwise, violators may be held liable. Officials will have the right to apply coercive measures, the list of which is specified in Chapter 7 of Federal Law 229. The law imposes on the FSSP the obligation to create and maintain a data bank (6.1 Federal Law. Information about open proceedings (date, number, claimant, debtor, claim, amount, must be publicly available. At the moment, the information is publicly available on the official website of the SSP. Initiation of enforcement proceedings. To initiate the mechanism of enforcement proceedings, the claimant should contact the SSP at the location of the defendant or his property, write a statement, attach an executive document (30 Federal Law. A writ of execution is an official document on the basis of which the bailiff has the right to begin implementing compulsory measures. Chapter 2 defines the rules of execution and types of such documents. Art. 12 indicates 11 types of documents. In particular, these include: writs of execution issued by the court of first instance, the arbitration body, after decisions and acts enter into legal force; court orders; alimony agreements, copies certified by a notary; labor commission certificates; acts of the Pension Fund and the Social Insurance Fund; acts, decisions of other government bodies, officials (State Traffic Safety Inspectorate, tax service. The claimant can send documents through the court office. In this case, there is no need to write an application (30 clause 5 of the Federal Law. Documents received by the FSSP are transferred to the official within three days, who will carry out collection. Within three days, the bailiff must study the documentation and decide whether to initiate a case or not. Refusal is possible for the reasons given in Article 31: the address of the SSP is incorrectly determined; the petition for initiation is not written clearly, with errors; without indicating the details of the court that issued the decision; the execution of the executive document does not comply with the requirements of Article 13; the time allowed by law for filing the document has expired. 14 Federal Law. It must contain: details of the SSP; full name, position of the bailiff who opened the case; date of the decision; production number; reasons for agitation; solution; appeal procedure. But most importantly, the resolution determines the time for the defendant to independently, without coercion, fulfill the court’s requirement. If he does not do this voluntarily within the prescribed period, the bailiff will impose an enforcement fee and begin to take compulsory actions and measures regulated by Chapter 7 of the Federal Law. Enforcement measures The main tools used by the BSC are enforcement measures and actions. Measures are actions taken by an official. As a result, the requirements of the court or government body are fulfilled. According to Art. 68 Federal Law these include: foreclosure on income, accounts of the defendant; arrest, seizure of property; forced eviction; deprivation of rights to property, re-registration to the claimant. The bailiff has the right to apply enforcement measures if two conditions are met: Proceedings have been initiated. The time given to the defendant to voluntarily comply with the decision has expired. Enforcement actions are measures by which the claimant will create conditions that will force the defendant to satisfy the court's demand and make it possible to apply enforcement measures (64 clause 1 of the Federal Law. Enforcement actions are: request, obtaining personal information about the defendant and financial condition; search for a citizen and his property ; restriction of the right to drive a vehicle; temporary ban on leaving the country. Restriction of departure The debtor will temporarily not be able to leave the country if proceedings have been opened against him (67 Federal Laws for: alimony debt, compensation for moral, property damage, damage to health in the amount of more than 10 thousand. rubles; unfulfilled requirement of a non-property nature; outstanding debt in the amount of more than 30 thousand rubles. If the money is not paid within two months after the end of the period given for voluntary fulfillment of the requirement, the person will not be able to leave the country with a debt of 10 thousand rubles. . (67 clause 2 of the Federal Law. Inventory and seizure of property Seizure of property should be understood as the deprivation of the debtor of the right to dispose or use it (80 Federal Law. The right to dispose means that the property remains with the owner. However, the debtor will not be able to sell, donate or otherwise change the legal fate of the seized property. the option of arrest is applied as an interim measure. It can be imposed immediately upon initiation of proceedings, without waiting for the end of the period given for the voluntary execution of a court decision (80 clause 1 of the Federal Law. When the debtor is deprived of the right to use property, the seized property is confiscated from the owner and transferred for storage. Subsequently, it is sold at auction or transferred to the claimant. In this case, the arrest occurs in the presence of two witnesses, an act is drawn up, an inventory of the property is drawn up, the procedures for seizure, inventory, transfer to storage and sale are regulated by Articles 84, 85, 86, 87 and Chapter. 9 of the Federal Law, accordingly, property is not seized if the amount under the writ of execution is less than 3 thousand rubles. (80 clause 1.1 of the Federal Law. According to Article 69 of the Federal Law 229, first of all, the arrest is imposed on the debtor’s money and accounts. And only when it becomes clear that they are insufficient to repay the debt, the bailiff has the right to seize the property (69 clause 3. In addition, the value of the seized property must be proportionate to the requirements (69 clause 2 of the Federal Law. An official, for example, does not have the right to seize a car for an unpaid traffic fine. But to impose a ban on the debtor’s right to dispose completely. Restriction on registration actions A person who refuses to voluntarily fulfill the requirement of the writ of execution will not be able to sell, donate, or inherit the seized property. The bailiff will send a notice of seizure to the advising authorities, providing a guarantee of execution of the court decision or act of a government body. Income that cannot be foreclosed The debtor's cash receipts, which the bailiff does not have the right to foreclose on, are defined in Section 101 of the Federal Law. In total, the law lists 21 types of income that are not subject to withholding. These include: compensation for harm to health, loss of a breadwinner; compensation for persons affected by radiation and man-made accidents; medication allowance; social benefits for funeral. Termination or suspension of proceedings Art. 40 of the Federal Law lists the grounds on which the bailiff must fully or partially suspend the implementation of enforcement actions. These include: death of the debtor, recognition as missing; loss of legal capacity; the defaulter undergoes bankruptcy proceedings; acceptance by the court of a statement of claim for a deferment or installment payment of the enforcement fee; long-term inpatient treatment; petition of a debtor serving in the army. Completion of enforcement proceedings occurs when the reasons specified in Art. 46, 47 Federal Law. For example, if the bailiff finds out that the debtor has nothing to collect or seize, the case will be closed, according to Art. 46 clause 4. The document will be returned to the claimant. However, after six months, he has the right to re-initiate proceedings. The term of the writ of execution will begin to be calculated anew. The proceedings will be completed if: the debtor satisfies the judgment; the court will request the return of the writ of execution; recognition of the debtor as financially insolvent; The court decision has expired. Debt payment The law gives 2 months. to carry out enforcement actions (36 Federal Laws. During this period, the official must collect the debt, force the fulfillment of the requirement imposed by law. If the court decision specifies a different time interval, the official is obliged to comply with it. The Federal Law provides for a period for the voluntary execution by the debtor of the court decision ( no more than 5 days. Upon completion, in case of failure to comply with the decision, the bailiff, in accordance with Art. 112 of the Federal Law, will assign a monetary penalty to the violator (7%, but not less than 1 thousand rubles. Frequent causes of debt Statistics show that most often the basis for opening proceedings are credit debts. According to VTsIOM, in 2018, 57% of Russian citizens had outstanding debt to financial organizations. Over the past eight years, this figure has doubled, according to experts from the Social Survey Research Institute. The second most common reason is alimony debts. According to the FSPP, in 2018 the number of alimony defaulters increased by 60% and amounted to more than 800 thousand people. The amount of alimony debt is considerable - 100 billion rubles. Russian traffic police drivers owe almost five times less. In 2017, the debt of motorists in fines reached 21.6 billion rubles. Conclusion Federal Law 229 has been amended several times since its publication. was done three times. The latter will come into force on July 31, 2018. They will affect Art. 6.1. 13. Deadlines for sending information to the State Information System will be established. The requirements for executive documents have been changed. If you have questions about the topic of the article, ask them in the comments or to the site’s lawyer on duty. Also call the numbers provided. We will definitely answer and help. ">Enforcement proceedings
• - this is a legal document drawn up in accordance with the requirements specified in Art. 13 FZ-229, containing information about the claim made by the plaintiff and the order to the bailiff to begin collection. CONTENTS OF THE ARTICLE: Concepts and types of enforcement documents Writ of execution Court order Alimony agreement certified by a notary Certification of the labor commission Acts of regulatory authorities Resolution of the bailiff Executive inscription of a notary What other enforcement documents are there and what unites them? What should be contained in the document Based on the document, the bailiff initiates enforcement proceedings and begins to take a number of measures and actions against the debtor. Concepts and types of executive documents Types of executive documents are regulated by Article 12 229 - Federal Law. These include: Judicial acts, including administrative violations, court orders issued on their basis, writs of execution. Notarized agreement (agreement or copy on the payment of alimony, between the person who is obliged to pay them and the one who has the right to receive alimony maintenance. Certificate of the decision of the labor dispute commission. Acts of the Pension Fund of the Russian Federation and the Social Insurance Fund on the collection of funds from an individual debtor entrepreneur. Resolution of the bailiff service officer. Acts of tax, customs and other regulatory authorities with the mandatory attachment of documents containing marks from banking and credit organizations in which the debtor has an account, indicating the funds withheld in full or in part. Writ of execution (IL - issued on the basis of a judicial act or order, which the plaintiff (claimant) receives after the court decision enters into legal force. As a rule, this period is no more than 10 days. This is the time allotted by law for appealing a court decision. In some cases requiring immediate execution, IL is issued immediately after the decision is made (Federal Law 138 Civil Procedure Code 428. IP can be presented within 3 years from the date of receipt (Article 21, paragraph 1 No. 229; for administrative violations, the period for presentation is 2 years (21 paragraph 1, No. 229). The claimant can restore the missed period for presentation by filing a corresponding application with the court the authority that originally issued it, indicating a valid reason for the omission and confirming it with documents (Civil Procedure Code 432, 23 FZ-229. In case of loss of the IL, the claimant may apply to the court for the issuance of a duplicate. The court will accept the petition for consideration if the deadline for presentation has not yet expired (Civil Procedure Code of the Russian Federation 430 clause 1. Within 10 days the application will be considered and a decision will be made. All interested parties will be notified of the time and place of the meeting. Failure to appear will not be a reason to consider the decision made illegal During the trial, the evidence and circumstances of the loss of the document are considered. The court’s refusal to issue a duplicate can be appealed within the period established by law (430 Code of Civil Procedure of the Russian Federation, paragraph 4. It should be noted that the IL is not an executive document if issued before the court decision enters into legal force. (Federal Law 138 Code of Civil Procedure, Article 428 clause 4. If it is drawn up with errors and inaccuracies, for example, the debtor’s passport details are incorrectly indicated, one of the parties may go to court to invalidate the conclusion, which will entail the suspension of the enforcement case until a decision is made on this issue. Court order An order is issued if the amount or value of the property to be recovered is no more than 500 thousand rubles. A court order is an ID. (Civil Procedure Code of the Russian Federation 121. The collector can independently apply to a banking or credit organization with an application to withhold funds from the debtor’s accounts and transfer them to the current account using the specified details (Article 8, paragraph 1 No. 229. If the plaintiff prefers another method of collection, then contact the bailiff service, possibly within 3 years from the date of entry into force of the verdict. If the court order relates to periodic payments, then presentation is possible during the entire period during which payments must be made. For example, an order received with. the requirement to withhold funds for alimony will be relevant until the child turns 18 years old and for another 3 years after that. An alimony agreement certified by a notary. An appropriate agreement concluded in writing between the person paying alimony and the person entitled to receive it. is an executive document if notarized. In case of incapacity of one of the citizens, the contract is concluded by the legal representative. An agreement on alimony is a voluntary agreement of both parties, which stipulates the amount of the amount to be paid, the terms and method of payment (99 RF IC. The law provides for the possibility of replacing money with property, changing, terminating with the mutual consent of the parties. The agreement can also be terminated in court if the interests of a minor or incompetent adult child (102.103 RF IC. An agreement signed by both participants, but not notarized, is not an executive document and cannot be presented to initiate enforcement proceedings. Certificate of the labor commission If questions arise related to the collection of wages, payment of overtime work, reimbursement of travel expenses, an employee, if it is impossible to independently resolve the conflict situation, applies for permission to the labor dispute commission, which is created on their own initiative by the members of the team of the enterprise or organization ( Article 384 of the Labor Code. The decision taken by the commission comes into force after 10 days, unless appealed by the management, and must be satisfied within the next three days after that. within one month, you should receive a certificate from the labor commission, in order to then assert your rights with the help of a bailiff. You can contact an FSSP employee within 3 months from the date of receipt of the certificate (389 Labor Code of the Russian Federation. Violated deadlines for obtaining a document or contacting a bailiff can be restored by the labor commission by employee’s statement indicating a valid reason for absence. Acts of regulatory authorities If an individual entrepreneur fails to pay tax fees, fines for late submission of reports and penalties, the Pension Fund (PFR and Social Insurance Fund (FSS) draws up a corresponding act on the forced collection of funds from a person engaged in entrepreneurial activity and sends it to the bailiff service. If In this case, if an entrepreneur can carry out activities without opening a current account, then to initiate enforcement proceedings it is not necessary to attach marks from credit and banking organizations. At the same time, if the acts are drawn up by other regulatory authorities (tax, customs or other authorities listed in Chapter 23 of the Code of Administrative Offences). must be attached to the acts. In some cases, the bailiff initiates the initiation of enforcement proceedings on his own, for example, after a change in the circumstances as a result of which the proceedings were suspended (completion of military service, discharge of the debtor from the hospital or other reasons specified in Art. 40. In the event of termination of proceedings for the collection of alimony under Art. 43 part 2 clause 9 No. 229, the decision is made by the bailiff to reimburse the debtor for enforcement costs. Executive inscription of a notary Executive inscription of a notary (IN is placed on a pledge agreement, a loan agreement, except for microfinance organizations, if it contains an additional agreement on the possibility of collecting money under the notary’s executive signature, in case of violation of the terms of one of the parties (Fundamentals of the Law on Notaries of the Russian Federation, Art. 90 The notary puts the inscription itself on the copy of the document that establishes the debt, and makes a mark on the original (Article 89 of the Notary Law. Within three days, the notice is sent to the debtor. The writ of execution is placed at the request of the claimant upon provision of all documents and a copy of the notice confirming the sending to the notary. data to the debtor no less than 14 days before contacting the notary. Within three years from the date of receipt of the identification number and one year, if the debtor is not a civilian, it can be presented for compulsory measures and actions by the bailiff. What other enforcement documents are there? What unites them? Closing documents are not always of a property nature and entail the collection of funds or seizure of property. In some cases, they are associated with the reinstatement of an illegally dismissed employee at work, the relocation of the plaintiff, the transfer of a child to one of the parents, or the demolition of an unauthorized building. But at their core, all enforcement documents have one common characteristic: they contain a requirement instructing the bailiff to apply measures and actions of a compulsory nature to the defendant specified in the document. The characterization of the concept of ID is based on the forced method of fulfilling the requirements contained in the requirement. Therefore, warnings, decisions on the imposition of a fine paid on the spot, on administrative arrest or deprivation of a special right (the right to drive a vehicle) do not fall within the definition of a document, since they do not order the official to carry out compulsory measures. What should be contained in the document It is important so that the ID is issued in accordance with the established rules, where the data is clearly stated: the name and address of the authority that issued it; the position and full name of the official; data on the materials of the case on the basis of which it came into force; information about the claimant and the debtor; details by which the collected funds are transferred; other information, in accordance with Article 13 of the Federal Law 229. The document is signed by officials and certified by a stamp, in the case of a judicial act. The bailiff may not open enforcement proceedings if the ID is drawn up with errors and inaccuracies, as this may make it difficult to fulfill this requirement. For example, if the debtor’s surname is written illegibly or the details for the transfer are not indicated. It should be noted that a bailiff is a person acting only on the basis of a document and within the framework of the law. If the debtor or claimant disagrees with the amount specified in the demand, the authority that issued the ID should be contacted. The bailiff can only change the amount of the enforcement fee, reducing it at his discretion to 1 thousand rubles. ">Executive documents
• The FSSP database contains information; all databases are updated weekly. Bailiff service - find out the debt ARTICLE CONTENT: Enforcement proceedings By last name and first name Check by number By decree Official website of bailiffs Database of enforcement proceedings of bailiffs Ban on registration of a car by bailiffs Information systems of bailiffs Conclusion If enforcement proceedings have been opened against a citizen, then judicial Bailiffs may restrict some of the debtor's rights until he repays the existing debt. Therefore, if you are going abroad, want to get a loan from a bank, sell a car or make another financial transaction, it would be useful to find out about problems with bailiffs, so as not to subsequently encounter bailiffs blocking your travel abroad or the sale of a personal car. Checking your debts is a mandatory procedure if you plan to: travel abroad, it doesn’t matter - for a week on a tourist trip or for permanent residence; take a loan from a bank; sell a car or real estate; enter into a financial transaction. Even if you are not planning any of the above actions, it is better to periodically check your debts to insure against unpleasant consequences. Enforcement proceedings After the court has made a decision in favor of the plaintiff, he receives a writ of execution: a document that obliges the defendant to comply with the court decision, and the bailiffs to open an individual entrepreneur. A case can be opened if the debtor does not pay: utility bills; alimony; money awarded for payment in a civil claim; fines; loans, loans and advances. If you have received a writ of execution indicating the case number, you need to find out detailed information about methods of debt repayment, sanctions due to late payment, etc. For those who, for a number of reasons, cannot visit the department, the FSSP of the Russian Federation has launched an open database, with which you can not only find out about the enforcement proceedings of bailiffs, its presence or absence, but also pay the debt in the online system. By last name and first name The easiest way to find out debts from bailiffs by last name and first name is on the FSSP website; to do this, you need to fill out a special form, indicating the last name, first name, date of birth in certain fields and click on the “Search” button. We enter the data We enter the code from the picture We get the result The system will provide information about the current overdue status for the requested person or, if there is no open individual entrepreneur, it will notify that there is no debt. You can check the data on the enforcement case in several ways: on the official website of the FSSP; in the bailiff department at the place of registration; leaving a debt verification application on the website. The first method is the fastest, you don’t need to go anywhere or wait for an official response, all you need is an Internet connection. The debtor will not only find out if he has problems, but can also open a resolution, find out the case number, and, if necessary, contact the bailiff directly to clarify details or ways to repay the debt. Check by number Since notifications of commenced proceedings have a unique numbering, the open enforcement protocol on the bailiffs portal can be found by number. In order to check the status of production, the user needs to: go to the official website of the FSSP of their region; click on the “Data Bank” option; select the third option “By IP number”; enter the number specified in the notification in the field that opens and click on the “Search” button. A table will appear in the window that opens, where, if the proceedings have not yet been completed, the user will find the following data: Name of the judicial authority, its address. Date of issue and document number. Amount and payment period. The remaining steps are identical to checking by full name. According to the resolution, one of the most common types of debt is non-payment of fines for traffic violations, for which, in case of violation of payment terms, administrative liability is provided. A driver who fails to pay a fine on time may have his or her driving privileges restricted. The field of activity of the FSSP is the conduct of enforcement proceedings for the collection of unpaid fines at the expense of the debtor’s income. If a fine for violating traffic rules is not paid on time, the decision to collect the fine is sent to the bailiff service, in turn, the FSSP opens proceedings and sends a copy of the decision to the debtor. When the defendant receives a decision to impose an administrative fine, he can find out the debt from the bailiffs by the decision number indicated in the mail. To do this, on the FSSP resource you need to find the “By resolution” tab, enter the unique document number in the field that opens and click the “Search” button, after a while all the information on the required fine will be displayed on the monitor. Such a check should be carried out no earlier than eighty days after the violation is recorded. This rule is explained by the fact that sixty days are given for timely payment of the fine, plus ten days to appeal the decision, plus another ten - time to guarantee payment and record it in the database if the violator managed to pay the fine on the last day of the period established by law . Only after the deadline has passed, if information about payment has not been received, the database of unpaid fines is transferred from the traffic police to the FSSP. Official website of bailiffs Nowadays, with access to the Internet, it is easy to obtain any information. Data on non-payments according to court documents is no exception. 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. There is a standard form that will allow the user to find out whether he has unpaid debts and their current status. Using the services of the online platform is easy; you only need to enter your last name, first name and patronymic, or the resolution number. However, in order for the required information to be displayed correctly, it is necessary to fill out all fields without errors, especially when entering a multi-digit decree number, since if there is an error of just one digit, the system will either not find the necessary information at all, or will display it incorrectly. Database of enforcement proceedings of bailiffs Recently, the FSSP has posted on its official website an electronic database of enforcement proceedings, using which you can find out the debt or make sure that it does not exist in real time (online. To find out about the presence or absence of collections, just go to the website of the bailiffs bailiffs and find out the data in the “Information Systems” section, where you can find the “Data Bank of Enforcement Proceedings.” The page that opens contains the following tabs: search for individuals by last name; search for legal entities by TIN and OGRN; search for individual entrepreneurs by TIN and OGRNIP. what is the database of enforcement proceedings by bailiffs. This includes only cases in which the court has made an unconditional decision on the payment of debts, among them may be: Collection of alimony if one of the parents avoids paying it. Court decisions on claims of creditors. violations of traffic rules for which the fine was not paid on time. On the website, in addition to confirming the existing debt, you can find information about its structure and type: whether it is a forgotten and unpaid fine, debts for utility bills, underpaid taxes or something else, and the amount of debt that needs to be repaid. Also, the debtor can pay his debt online Information on open individual entrepreneurs is presented in full, that is, all cases that are opened are necessarily entered into the bailiffs database, where everyone can find out their debt. Ban on vehicle registration by bailiffs. A ban on vehicle registration is used in situations where proceedings are opened against the owner of the car. 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. The ban will not be lifted until all debt obligations are eliminated. Lawyers recommend checking debts with bailiffs before the buyer gives money for the purchased car to its former owner, especially if the seller offers to buy the vehicle under a general power of attorney, and in no case agree to such a transaction if it turns out that the re-registration car is banned. The ban is lifted by the same body that imposed it, and if the car has several bans on different debt obligations, then there should be as many decisions on lifting bans as on imposing them. Information systems of bailiffs Information systems of the FSSP make it possible to obtain real-time information about the absence or presence of debts, their size, and after fulfilling obligations, monitor the update of materials without leaving home. Just go to the FSSP website, select the region and search option, and you will be able to look up debts from bailiffs by last name and first name, pay them online, or find a notice about the bailiff. But the FSSP website is not the only source of such information. You can install the application on your smartphone and, by setting up automatic sending of notifications, receive timely information about debts and their repayment. You can also use the application on the social networks Vkontakte and Odnoklassniki, where there is a list of debtors of bailiffs. Conclusion Summarizing the above, we can conclude: no one is immune from troubles, someone does not pay off debts intentionally, someone accidentally finds out that somewhere and at some time a fine was imposed on him, someone was left with a small amount unpaid loan, which, due to penalties and interest, grew to a rather impressive amount. 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. The article talks about how you can find out the debt from bailiffs; this information, if applied, will help to avoid problems in the future. ">How to find out your debt
• 938-40-59 St. Petersburg: +7 (812 467-39-61 When applied) Article 68 of Federal Law No. 229 “On Enforcement Proceedings” specifies the list of individual measures to implement the court ruling. However, with all available options, repayment of the debt amount comes from the income of the guilty citizen. If the defendant does not have funds, the bailiffs have the right to recover the property. In this case, the powers of the responsible persons are used through the seizure of the relevant objects and further sale at auction - the proceeds are used to pay the debt. The procedure for each stage of the enforcement process. collection is characterized by individual characteristics - in some situations, individual positions can be omitted, in others, new ones can be added. The standard sequence is expressed in the following stages: Preparation by the plaintiff of documents according to which the court will establish the existence of debt obligations of the defendant; Allocation of claims and demands to the debtor - implementation of pre-trial proceedings. the procedure for influencing the actions of the offender. Drawing up and submitting a statement of claim with a package of establishing documentation to the court. Taking part in legal proceedings. Obtaining the appropriate court order. Sending a writ of execution to bailiffs to implement collection measures. The law also provides for the right to submit the sheet directly to the bank where the debtor has accounts - after this, the financial institution is obliged to take measures to calculate the funds in the prescribed manner. Each dictionary gives its own definition of the concept of “collection” - in most cases, the difference in characteristics lies in the scope of use of the definition. In a general sense, punishment involves imposing punishment on persons who, by their actions, have violated the norms established by law. In this case, the scope of application is not important - labor, criminal, administrative or other. In any consideration, it is important for an unscrupulous citizen to understand that the implementation of this instrument involves additional difficulties and possible costs for him. Disciplinary action In accordance with the provisions of Art. 192 of the Labor Code of the Russian Federation, a disciplinary sanction is understood as a penalty that is implemented by the employer against an employee for committing a disciplinary offense, namely: for improper performance or neglect of assigned duties. This is a punishment for poor performance of official functions. Additionally, legal scholars use other definitions: the measure of responsibility for non-compliance with labor discipline requirements; liability for violation of the norms of the Labor Code of the Russian Federation; consequences after the implementation of illegal activities or inactions, as a result of which harm is caused to another participant in the labor relationship. Collection of this kind is characterized by some specifics that distinguish it from other types of liability. Two features are generally recognized. The first is the basis for punishment - non-compliance with the provisions of labor legislation. The second determines the independence of the employer in making a decision on the misconduct - this does not require the involvement of third-party authorized structures. Disciplinary sanctions can be of a general type, when responsibility is established by the positions of the Labor Code of the Russian Federation and the requirements of internal regulations, and special, in which punishment is imposed in relation to certain professions and categories of citizens on the basis of relevant establishing documents. Application The basis for applying a disciplinary sanction is a disciplinary offense, which can be the following types of situations: failure to comply with the daily routine - absenteeism and systematic tardiness; violation of safety standards - the employee’s actions led to a risk to the health and life of all personnel and individual representatives; deterioration in the efficiency of individual services and the enterprise as a whole - failure to comply with orders from direct management; damage to the employer's property. In addition to “objective” and obvious violations, penalties can be used if the actions of a citizen in one way or another affect the morality of the team - contributing to the emergence of disputes and conflict situations. Stages of disciplinary proceedings The implementation of disciplinary action is carried out in the following stages: Initially, the employer invites the culprit to give a written explanation of the situation with the violation. If the employee refuses, after two working days an act is drawn up indicating: Full name, position of the originator and the violator; a situation with alleged violations of labor standards (the employee’s refusal to give an explanation is noted; clarification with clarification of the violated provisions of the law or relevant acts. After this, the employer requests from the employee’s immediate supervisor documents confirming the fact of the misconduct, and the penalty for such a situation. After considering the materials received on the fact of ignoring the norms of the Labor Code of the Russian Federation and the internal regulations of the enterprise, the employer makes a decision on the guilt of the citizen. Additionally, the severity of the offender’s actions, the consequences of the offense committed, as well as circumstances that can be used as positions that contribute to mitigating penalties are taken into account. The employer expresses the chosen instrument of disciplinary action by issuing an appropriate order. The order is provided to the employee for review within three days from the date of publication. If he does not want to sign the order, then in addition it will be necessary to draw up a special act that clarifies the employee’s decision. Disciplinary proceedings are characterized by specific procedural periods: one month and six months. The penalty cannot be used if more than a month has passed from the date of discovery of the offense. At the same time, this time period does not include the length of time the employee is on sick leave or on vacation, as well as the time required to identify the opinion of the trade union, if it is considered mandatory under labor legislation. After six months, the employee’s actions cannot be considered from the perspective of disciplinary liability. However, certain exceptions are provided. If, during an audit or inspection of financial and economic activities, violations are discovered, the period during which a penalty may be imposed increases to 24 months. Additionally: when calculating the term, criminal proceedings are not taken into account. For the same disciplinary offense, an employee may be subject to one disciplinary sanction. However, this statement does not exclude the appointment of administrative or criminal measures. ">Forced collection
• . The procedure for selling seized property within the framework of enforcement proceedings is one of the effective tools for collecting debts from payers. The measure is carried out in parallel with other methods of influence, be it notifying the employer of the need to withhold funds from wages, imposing restrictions on crossing the state border, or introducing additional fines. Conclusion The rules of the process are clear and accessible for study - just refer to the articles of the Law “On Enforcement Proceedings”. Knowledge of the nuances and features will be useful, first of all, for the debtor himself - if he can prove that the established procedure was violated, then he has the right to count on a review of the collection process or a complete cancellation."> Sale of property
• . Chapter 3 of Federal Law 229 determines the procedure for calculation, completion, restoration, suspension, extension, interruption of deadlines and the consequences of omission. Calculation According to Art. 15 clause 2 of Federal Law 229, the period in enforcement proceedings is measured in days, months, years. Non-working days specified in Art. 112, 111 TK are not taken into account. For example, the period for voluntary execution will increase if there is a holiday or day off (Sunday. The periods are determined not only by the period of time. In some cases they are established: On a specific calendar date. For example, the defendant must take specific actions by May 20, 2018 (vacate illegally occupied housing , liquidate an unauthorized building. At the time of the occurrence of a certain event, for example, enforcement actions are suspended until the debtor is fully recovered or demobilized from military service. The countdown begins on the next day from the calendar date or from the moment the event occurs (15 clause 3. For example, if a person received a decree on May 20, the time for voluntary execution (5 days will begin to count from the next day, that is, May 21 and end on the 25th. Ending The ending depends on the method of calculation. If the count is made in years, then the period must end on the appropriate date of the last established year (16 clause 1 of Federal Law 229. If counted in days - on the last (16 p. 3. An exception is when the last day is a non-working day. In this case, the end will occur on the next working day. The period measured in months ends on the same calendar date of the last month of the established period (16 p. 2. There are situations when there is no such date in the last month. For example, the bailiff must involve a specialist in the assessment within one month from the moment the property is discovered (85 Federal Law 229). If the date of discovery of the property is January 31, then in the next month - February of that date. will not turn out to be the case. In such situations, the law prescribes that the end date be considered the last day of the established month. In this example, it is February 28 or 29 (depending on the year. It should be noted that the time is not considered to have expired if the necessary actions were completed before 24 hours (16 p.m.). 6. For example, the deadline for appealing the collection process ends on the 23rd. If the applicant submits a complaint before midnight, then the time will not be lost to a higher authority or authority to accept the document, review it and make an appropriate decision. Skipping and reinstatement Failure to comply with deadlines entails liability and does not exempt you from fulfilling the requirement (17:00). 1 . For example, if the defendant does not want to voluntarily vacate the occupied living space within the period established by the resolution, the bailiff will impose a monetary penalty and forcibly evict the irresponsible citizen (18 clause 1 of Federal Law 229. It is important to comply with the deadline when filing a complaint against the FSSP. If you miss the time specified in Article 122 of Federal Law 229, the document will be returned to the applicant and no action will be taken (17 clause 2. However, if there is a good reason for missing the deadline, the deadline can be restored. To do this, the applicant, along with the complaint, must submit a corresponding petition (18 clause 1. The superior person to whom the petition, has the right to refuse the request if it considers that the absence is based on unimportant circumstances. In this case, the applicant will receive a copy of the refusal decision, which the SSP must send the next day after the decision is made (18 clause 3. The refusal can be appealed in court ( Article 121. Time period for consideration of a citizen’s appeal. Consideration of a complaint about the work of a bailiff by a higher-ranking person should not take more than 10 days (Art. 126. It should be taken into account that the appeal takes place in the order of subordination determined by Art. 123 Federal Law 229. As a rule, for greater efficiency, a citizen filing a complaint simultaneously with a similar application goes to court. If the court proceeds with the case, the time for studying the complaint in the SSP will be suspended. The processing time for an application sent to the FSSP by mail or electronically through the official website of the service will be about 33 days. Three days are given for mandatory centralized registration, which is carried out by the Office of Records Management in accordance with instruction No. 682 of October 10, 2010. It will take 30 days to consider the appeal itself (12 No. 59-FZ. In special cases, this period can be increased, up to 30. The applicant will be notified of the extension. Time limit for initiating enforcement proceedings The procedure for initiating proceedings should not take more than seven days. Three days are allotted to transfer the application and documents from the office of the SPP to the bailiff (30 clause 7 of Federal Law 229. The same amount for the official to study the received materials and issue a decision to refuse or start proceedings (30 clause 8 of Federal Law 229. Weekends and holidays are not taken into account, therefore the total time to initiate proceedings will increase by one day (a total of seven. The period will be reduced to one day if the writ of execution (ID) prescribes immediate execution. In this case, the application and case materials are immediately submitted to the bailiff, who must accept the appropriate one within 24 hours solution. The period during which the debtor is forced to comply with ID requirements is two months. Exception: cases specified in Art. 36 clause 2-6.1 of Federal Law 229, the deadline is established in the ID. The calculation does not include situations defined in Art. 36 clause 7 (suspension, postponement of compulsory measures. Limitation period for enforcement proceedings The period during which the claimant has the right to present the ID for forced execution of the requirements contained. ID with a limitation period of three years includes: writs of execution issued by judicial authorities (calculated from the date of entry into force of the decisions taken; court orders. Three months are given for the collection of: certificates of the labor dispute commission. The countdown begins from the date of receipt of the document; the writ of execution, whose missed period was restored by the decision of the arbitration court. customs service, Pension Fund must be presented for forced collection within a six-month period from the date of issue (21 clause 6.1. or return from the bank (if there was not enough money in the defendant’s account to repay the debt. IDs for administrative violations are presented no later than two years from the date of entry into force. IDs for collecting periodic payments have the longest statute of limitations. It is possible to force the debtor to satisfy the requirement for such documents during the entire period when payments must be made and three years after expiration (21 clause 4 of the Federal Law. The countdown, as noted above, begins either from the moment of receipt of the document (labor commission certificate, or from the date of entry of a court decision or act into legal force. But this does not always happen. If the court postponed or delayed the execution of the decision, the countdown should be carried out after the installment period expires (21 clause 9. In addition, the term of ID can be calculated anew. , and an unlimited number of times. According to Article 22, paragraph 1, its flow is interrupted when: the claimant has given the ID; the debtor partially begins to fulfill the demand. completes the proceedings and returns the document to the claimant due to the impossibility of execution, the case can be reopened within three years from the date of return of the document. And do this an infinite number of times. Conclusion Knowing the deadlines in enforcement proceedings and understanding the consequences that arise in the event of a violation is useful for both parties to the case. This allows the debtor to minimize or avoid financial losses. The claimant must monitor the correctness of the actions of the FSSP employees and promptly take the necessary measures to obtain the desired result. ">Time limits in enforcement proceedings

• Sale of seized property by bailiffs Sale of seized property