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What is the statute of limitations for enforcement proceedings?

The term for enforcement proceedings begins from the moment the relevant documents are accepted in the MTP. The authorized person, according to the data contained in the papers, begins to take measures prescribed by law to recover the debtor's property (including cash). Next, we consider what to do if the deadline for enforcement proceedings is missed. statute of limitations

Application Filing Features

If the term for the enforcement proceedings of the bailiffs is completed on the basis of an act stating that the debtor does not have property that may be levied in the event that legal measures have been taken, the appeal may be filed no earlier than six months from the date of its completion. An application may also be submitted earlier than the specified period if there is information about a change in the property status of the obligated person. This deadline for the enforcement proceedings of bailiffs is set for the cases referred to in parts 1, 3, 4, Art. 21 of the Federal Law No. 229. In all other cases, an application to begin the recovery process with the completed procedure on the basis of an act on the absence of property from the debtor from which the debt can be recovered, provided that all legal measures for recovery have been taken, can be submitted no earlier than two months from the end date of events. An appeal may be sent earlier if there is information about a change in the property status of the obligated person.

Where to submit IL?

The writ of execution, together with the corresponding application, is sent by the collector to the place of the bailiff and the application of legal coercive measures. They are established in Art. 33 of the aforementioned Federal Law. In the event that the collector does not know which unit he should contact, he can send the papers to the territorial body of the FSSP to the main bailiff. The official, in turn, redirects documents to the appropriate department within 5 days from the date of receipt. If the decision is to be implemented immediately, then the IL is sent on the same day. term for the enforcement proceedings of bailiffs

Statute of limitations for enforcement proceedings

Many citizens forget that there is a certain period during which IL can be presented. In this regard, they are in no hurry to receive it. What will happen if the enforcement proceedings are not started in time? The statute of limitations is set for the timely implementation of the decision. If you do not apply for IL in time, they may not be issued. If the document is received on time, but is not presented to the bailiff within the prescribed period, the latter may refuse to initiate enforcement proceedings. Thus, all the costs and efforts that were put to prove their case will be in vain.

What is the duration of enforcement proceedings? As a general rule, documents can be submitted within a year from the date the decision on the case takes effect or from the moment it is taken if it is subject to immediate implementation. The latter case includes, for example, the establishment of alimony monthly payments. In practice, there are cases when the debtor receives an installment plan or a delay in the execution of the decision. The statute of limitations on the writ of execution in such situations is also one year from the end of the specified period. statute of limitations on enforcement proceedings fine traffic police

Exceptions

As mentioned above, the statute of limitations on enforcement proceedings does not apply to decisions on the collection of periodic deductions to be presented during the entire period established for them.To them, in addition to alimony, include compensation for the loss of the breadwinner, health compensation and so on. For example, if alimony payments are established from May 30, 2014 to May 30, 2032, the deadline is limited to the last date. This is important in cases where the debtor first voluntarily makes payments, and then begins to evade the obligation. The recoverer in such situations has the right to obtain an IL and write a statement of the initiation of proceedings forcibly.

Periods for other documents

In accordance with Art. 468 Code of Civil Procedure, the statute of limitations for the enforcement of the case, the determination of the order is 3 years from the date of entry into force of the act. Other documents are given in Art. 462 Code of Civil Procedure. These include, for example, the decisions of the Commission for the Law of Ukraine, acts of notaries and others. The statute of limitations for enforcement proceedings is established by relevant legislation. For example, you can present certificates of the CCC on a labor dispute within 3 months. This period is defined in Art. 249 shopping mall. For the implementation of decisions of officials and state bodies on administrative penalties set the same statute of limitations for enforcement proceedings. The traffic police fine, therefore, can be requested within three months. This provision is contained in Art. 282 Administrative Code. statute of limitations for enforcement proceedings

Period calculation

The statute of limitations for enforcement proceedings begins on the day after the decision (order) has entered into force. Regarding the collection of regular payments, periods are calculated for each deduction separately. Their flow starts from the due date for a new payment.

Pause period

Enforcement proceedings may not be instituted on documents with respect to which the statute of limitations has expired. But the Code of Civil Procedure allows for the possibility of recovery, interruption and suspension of the period. The latter applies in the manner prescribed by Art. 203:

  1. If the recoverer was prevented by force majeure (a circumstance unavoidable and extreme under the given conditions).
  2. If the defendant or the plaintiff are in the army, which is transferred to martial law.
  3. On the postponement of the implementation of obligations (moratorium) established in accordance with a government act.
  4. If the norm of the legislation regulating the relevant legal relationship is terminated (temporarily or in full).

Suspension of the limitation period is allowed if the above circumstances have occurred over the past six months of the specified period. If it is equal to 6 months or less - during its entirety. enforcement proceedings

Interruption period

This is allowed if the legislation on a particular case does not establish otherwise, and if the parties to the dispute are individuals. The above dates may be interrupted if:

  • The debtor partially executed the decision.
  • The issuing authority has granted the obligee an extension (installment plan).
  • The claimant presented the writ of execution.

In the event that the debtor returns the document due to the inability to implement the requirements therein, the period begins from this moment. If the reason for the return is a legislative ban on foreclosing on funds or property, to take other measures to implement the decision, the period shall be calculated from the date of removal of the said ban or its termination. writ of limitation

Calculation renewal procedure

After the break, the deadline begins again. Moreover, the time that has elapsed before this is not counted in the new period. Upon return of the IL, for which full or partial recovery was not made, the period begins from the date of return of the document to the collector. For example, a decision was made to reimburse 10 thousand rubles until June 4, 2014.

The deadline for presenting a writ of execution will be one year and will end on June 14, 2015, since the act entered into force ten days after adoption. The debtor promised to voluntarily comply with the requirements. He told the claimant that he would pay the assigned amount in a three-month period. On August 15, 2014, he listed 3 thousand. Thus, he partially implemented the decision of the authorized instance. However, after this the debtor refused to pay, having ceased communication with the collector. According to legislative norms, the statute of limitations for the presentation of an executive document is renewed from August 15, 2014. And it will end next year, 2015. duration of enforcement proceedings

Recovery period

It is allowed by law if there are good reasons for missing. The court may restore the term if the circumstances that prevented the submission of writ of execution are deemed material, and otherwise is not established in the norms for specific cases. To do this, write a statement. It is sent to the court at the place of execution, or to the court that issued the decision.

The application will be considered at the meeting if the applicant is not given a reasoned refusal. At the same time, all parties to the process are notified and invited to a hearing. The absence of any of the participants is not an obstacle to the consideration of the appeal. The adopted positive decision on the restoration of the term may be appealed to the cassation instance. However, qualified lawyers recommend that you do not skip the established periods. A legislatively defined annual period is usually more than enough to exercise the right of a claimant. It can sometimes be difficult to prove the validity of the reasons for missing, especially when there is no documentary evidence of them.


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