The receipt of an executive document does not mean that the decision of the judicial authority has already been enforced. Indeed, in some cases, the plaintiff will need to make a lot of effort for this. It is good if the defendant has bank accounts, good work and property. Then the enforcement of the judgment will not take long. But if everything is quite the opposite and the debtor does not even have a job? What to do next? The writ of execution is in the hands of the claimant, where can this document be transferred to him? You will find answers to these questions in the process of reading this article.
What you need to know
The writ of execution is a document that contains the requirements of the court, subject to mandatory execution. After the plaintiff receives this document in his hands, he can decide his fate. Nevertheless, most often the citizens and organizations that have won the case submit a writ of execution for work to the bailiff service, because the latter are involved in the enforcement of decisions of the judiciary.
Most often, debtors do not want to voluntarily pay a claimant funds or transfer property, perform certain actions (for example, transfer a child to a father who has won the process). However, this is not always the case. Therefore, people should be sure to know where else to transfer this document and what to do next. The writ of execution is in the hands of the claimant, but they reconciled with the debtor and decided that the latter would pay the full amount voluntarily, without involving the bailiffs and other officials. This scenario is also possible, and the law does not prohibit this.
What needs to be done first
Previously, court employees themselves sent executive documents to bailiffs. At present, they can do this only at the request of the exactor. In addition, the plaintiff who won the case must receive a writ of execution in his hands. What to do next with this document, he can decide for himself. A citizen has the right to keep it if the defendant agreed to pay the amount of money exacted in court. The main thing is that the latter voluntarily enforce the decision of the judicial authority.
Pass on to the bailiffs
This option is the best. After all, these officials are involved in the enforcement of court decisions. But they will be able to exercise their powers only after receiving the writ of execution. What to do next if the defendant does not want to voluntarily pay the amount recovered from him by court order? First, bailiffs open enforcement proceedings against a specific person. Then they make requests to various services: tax, traffic police, banks. This is all done in order to find property or funds that can be levied to enforce the decision of the justice authority.
Of course, if the debtor is officially employed and has a steady income, then this greatly simplifies the matter. In such a situation, the bailiff simply transfers the writ of execution to him to work, and the accounting department on the basis of this document makes deductions from the citizen's earnings. In practice, this most often happens.
Additionally
So, the woman filed a lawsuit in the court to recover child support from her ex-husband, after which she received a writ of execution. What can she do next? Firstly, a woman can attribute this document to her former spouse if she knows his place of work.Thus, it will only accelerate the execution of the court decision. The head of the enterprise or the accounting department cannot refuse to accept the writ of execution. Otherwise, their actions will be considered illegal. But when transmitting this document, you need to ask to write a confirmation of its receipt. As a rule, this is done in accounting.
It must also be said that if the writ of support for child support is on hand, then the collector can immediately send it to the bailiffs. Moreover, if a woman does not know anything about the location of the father of her child. The bailiffs will independently send the document to work to the payer of alimony and make sure that he executes the court decision. Otherwise, irresponsible father can face big problems with the law, up to and including imprisonment.
Information
Most of the citizens of our state do not know what information is indicated on the alimony writ of execution. An example of the information included in this document:
- the justice of the peace who examined the case for the recovery of alimony, the number of the court, the date of the document;
- data of the plaintiff, address of his residence, place of work;
- all information about the defendant (the future payer of alimony, including the date and place of his birth, registration address and place of business);
- the term for the presentation of the writ of execution (until the child reaches the age of majority);
- the amount of the recovery amount must be indicated (for example, 1/4 of all income);
- at the end is the signature of the justice of the peace who issued the document.
General issues
Unfortunately, but not all citizens have knowledge in the field of jurisprudence. This is what most often prevents them from protecting and defending their rights. Recently, many women have begun to wonder where to file a child support order. It should immediately be said that it can be attributed to the bailiffs, to the work of the defendant or to contact a credit institution where accounts are opened in the name of the debtor.
Nevertheless, some citizens are also interested in the answer to the question of what awaits the claimant in the event that he did not transmit the writ of execution in a timely manner?
The latter simply will not receive the collected funds if the validity period of the judicial documents has already passed. Nevertheless, if we are talking about child support, even if you present a sheet for execution to a child of 18 years, then the funds will be recovered from the parent over the past three years. You must know about this.
Validity
Both the receipt and presentation of the writ of execution for work in the bailiff service must be carried out by the collector within the time periods specified in the law. What do you need to know about?
Each writ of execution has its own validity period. Therefore, after the entry of the decision of the judicial authority into force, the specified document must be transferred either to the bailiffs, or to the bank, or to work for the debtor. This must be done within three years.
For example, if a bank has won a case in court and has recovered all arrears with interest from a malicious loan defaulter, then the credit institution must contact the bailiffs in order to receive the full amount. This is the order. Nevertheless, in the case of alimony, the recoverer may apply with a writ of execution at any time before the child reaches the age of majority. And even for three years after the last is 18 years old.
How is
So, what is the procedure for enforced collection of debt on the writ of execution? This question is asked by many citizens who, by the will of fate, have encountered the problem of obtaining funds collected by decision of the justice authority from the defendant. After all, not all citizens, even by court order, are willing to voluntarily pay a debt.
To begin with, the recoverer transfers the writ of execution to the bailiff, who opens the enforcement proceedings. Further, the official calls the debtor for a summons.At the same time, the bailiff makes requests to the tax office to find out the place of official work of the debtor, as well as to the bank (to find out about the availability of accounts), to the traffic police and the registration chamber (to obtain information about the debtor's property). If a citizen has nothing and does not work, then the official simply stops the proceedings due to the fact that it is impossible to recover the necessary amount from the latter. Nevertheless, before this the bailiff goes to the address of the debtor, finds out what valuable property is there and to whom it belongs. But if there is nothing in the apartment, then the production ceases, and the sheet is returned to the claimant. This happens most often.
If a writ is lost, what to do
The claimant needs to go to court to obtain a duplicate of this document. At the same time, one must be prepared to explain in writing where and under what circumstances the writ of execution was lost. As a rule, court staff will offer to write to the claimant a statement on the issuance of a duplicate of the document.
If the writ of execution was lost by the accounts department of the organization where the debtor works, then the perpetrators must be prepared to bear the appropriate punishment.
Moreover, in certain cases, this may be regarded by the court as an attempt to avoid the enforcement of the decision of the judicial authority. But this is a criminal act, and sanctions for it are provided for very serious.
Total
So, the citizen received a writ of execution, what should he do with this document? The answer here is very simple: it must be transferred to the competent authorities to implement the decision of the justice authority. The bailiff service does this. In addition, with this document you can contact the bank, tax or take it to the campaign where the debtor works.
What else should the recoverer remember? Under no circumstances should you give the original writ of execution to the defendant himself, unless, of course, he has already transferred the full amount of the debt voluntarily.