After the court decision came into force and the writ of execution turned out to be on hand, the question arises - what to do next? Where to get the writ of execution? How to build up your next steps for the legal recovery of funds?
Definition
A writ of execution is a type of writ of execution, which contains the order of the judiciary to enforce a specific judicial decision in the framework of the proceedings.
A writ of execution may be issued to the applicant after the decision of the judge has entered into force. The exceptions are situations that require immediate execution. Therefore, the document is issued immediately.
If the writ of execution is issued prior to the entry into force of the decision of the court (with the exception of the situation described above), this document is read illegally and must be withdrawn by the court.
The document can be issued to the citizen in his arms or, upon his request, sent by the court to the relevant authorities for execution.
Let us further consider what to do after a court decision? Where to get the writ of execution?
Actions
So, the trial is complete, what to do next? The further algorithm of actions will be determined by who is the subject of the legal relationship.
Where to carry a writ of execution on an individual? In this case, the recoverer may apply to the department of the bailiff service, namely to the department that is geographically located at the place of residence of the defendant. If the writ of execution is intended for the organization, then it must be presented at the place of legal address. In the case of a code, the prescribed document requires the person to perform certain actions, then such a writ of execution is presented to the bailiffs who are the jurisdiction of the territory on which the actions are to be taken.
A statement must be attached to the original document. In the departments of judicial bailiffs you can always find samples of the established form. In addition, the applicant may apply for additional penalties, for example, seize property.
The application must be made in several copies. The second remains with the applicant with a note on the acceptance of the document. Such a mark should contain the details of the authorized person and signature. This fact can help the claimant if the bailiff says that he did not receive the application or the deadlines for the start of enforcement proceedings were violated.
The timing
According to the Federal Law No. 223, article 21, the writ of execution, which was issued on the basis of the court protocol, can be presented for execution within 36 months from the entry into force of the court document.
If the act contains an order to return a child illegally transported to the Russian Federation or held in the territory of the Russian Federation, then the period for presenting it is 12 months. If the writ of execution contains a requirement for the payment of alimony, then a similar document can be presented for execution throughout the entire action for which payments are assigned, as well as within 36 months after the end of the validity period of the document.
Where to go
Where to take the writ of execution to reduce the time between the transfer of the document and the beginning of payments? To a financial institution or directly to the enterprise itself, from where the money is transferred directly to the applicant.
In the case when the writ of execution is submitted to the bank, then after the adoption of the document, the organization must immediately fulfill the prescribed requirements.The bank shall notify the collector about this fact within 3 days.
If the document is transferred to the enterprise where the debtor works, the collector must know certain conditions:
- the amount to be paid may not exceed 25,000 rubles;
- the authorized body where the executive document is sent must have the right to transfer funds (salary, pension, etc.).
When applying to the bank or at the place of work of the debtor, the applicant, in addition to the executive document, must attach a statement indicating the account details. If all conditions are met, then the money will be guaranteed to go to the account of the collector with minimal time costs.
For example, where to carry a writ of alimony? It’s better to go directly to the organization where the debtor works, or to the bailiff department.
What should an accountant do
The executive document may contain different requirements:
- Compensation for harm caused to health;
- indemnification;
- collection of a fine, etc.
But most often, bookkeeping is faced with collecting child support. So, if the collector has decided where to carry the writ of execution and this turned out to be the organization where the debtor works, then the accountant in this case must withhold the amount due from the debtor's salary and transfer it to the collector's account.
If the debtor is located and works in another city, where to carry the writ of execution in this case? In the department of bailiffs, and they, in turn, send a document to the legal address of the defendant.
It is important to remember that the maximum retention rate cannot exceed 70%.
Bailiffs
Where to carry the writ of execution, we found out earlier. Next, we consider the grounds on which bailiffs can refuse to initiate enforcement proceedings. These include:
- presentation of a writ of execution without a statement or a statement is not signed (exception - proceedings must be instituted without a claim by the claimant);
- the document was not presented at the place of enforcement;
- the validity period has passed;
- the document is not a writ of execution;
- the document was presented earlier and the requirements were fulfilled;
- the judicial act has not entered into force;
- a writ of execution does not fall within the competence of bailiffs;
- other grounds specified in Article 31 of the Federal Law No. 229.
The main guarantee of the correct fulfillment of requirements is compliance with the basic algorithm for the execution of court decisions. In addition to the fact that the bailiffs enforce the requirements of the document, they return the writ of execution to the court after the end of the process.