As with any document, the writ of execution has its own terms during which it can be used. We will figure out who issues this document, what is the duration of the writ of execution, is it possible to extend this period and under what conditions.
What is a writ of execution?
According to the law, this is the name of the document on the basis of which the service bailiffs makes recovery from the debtor, and also carries out other actions required by the court.
Most often, such documents are issued by arbitration courts and courts of general jurisdiction (district or world) on the basis of their decisions. However, the law allows other options:
- a sheet may also be issued under an unfulfilled settlement agreement, which was approved by the court;
- extradition is allowed on the basis of a decision of the arbitration court.
In order to receive it, the plaintiff in whose favor the decision is made must appeal to the court that made this decision. The deadline for obtaining a writ of execution is usually from ten to fourteen days. It can be handed over to the person who won the case, or sent directly to the unit of bailiffs by court. This is allowed both in certain categories of cases expressly provided for by law (in particular, in cases of recovery of damage caused by a crime, or for compensation related to the loss of a breadwinner), and at the request of the citizen himself. The court has no right to refuse a citizen in the direction of documents immediately to bailiffs.
What to do with a writ of execution?
Under the law, enforcement proceedings are instituted if the list is submitted to the bailiffs. However, in some cases, a citizen may engage debt collection and on your own. For example, if it is known for certain that the debtor has an account in a particular bank, the collector can come there himself and demand, having presented the documents issued by the court, to write off the money from the debtor's account in his favor. In addition, if the amount of the debt is less than twenty-five thousand rubles, or according to a court decision, payments must be made periodically (for example, in cases of alimony), you can contact the organization in which the debtor receives a salary or pension. In this case, the claimant is not entitled to refuse.
However, self-collection requires accurate knowledge. Therefore, the best option is to contact the bailiff service until the expiration of the writ of execution. This will be the shortest way to return the debt.
Validity period of alimony and other debts
In this case, there are some discrepancies. The law establishes that the validity of the writ of execution is three years from the moment the judicial act came into force, on the basis of which it was issued.
It is important to remember this circumstance, because, unfortunately, many people believe that this period starts from the moment the sheet was received on hand. This is absolutely not the case. A claimant can apply to a court at any time. However, if three years have already passed, this makes no sense: the deadline for obtaining a writ of execution has expired, and the bailiff simply will not accept it for execution, but will issue a decision on refusal.
However, where, by court order, the debtor is obliged not to pay a specific amount, but to make periodic payments (as, for example, in cases of alimony), the terms will be completely different.In this case, it is possible to submit for execution during the entire period for which payments are assigned (for alimony - until the child becomes an adult), plus three more years in addition.
When can I serve?
Even having a document in hand, it is not necessary to immediately contact the bailiffs. Sometimes, citizens who have won a case in court agree peacefully with debtors. In this case, the sheet serves only as an additional guarantee that payments will be made in a timely manner. If the debtor ceases to fulfill his duties, then, until the expiration of the writ of execution, you can go to the bailiffs at any time.
In the event that the original was lost for some reason, the recoverer may appeal to the court again and receive a duplicate in his hands. However, it should be remembered: the same rules apply for the duplicate as for the original, therefore, it is necessary to ensure that the deadlines are not missed.
Application of writ of execution
From the moment that execution began, the limitation period of the writ of execution is interrupted. A new phase of the process begins - recovery. Those actions that bailiffs have the right to perform are described in the Federal Law "On Enforcement Proceedings", as well as in the job descriptions of bailiffs.
The proceedings begin no later than three business days from the moment the collector applied to the bailiff unit and brought a writ of execution there. However, in the event that the judge forgot to certify the document with a signature or seal, or there are typos and ambiguities in it, the bailiff has the right to refuse to execute. In this case, together with the decision on refusal, the bailiff returns the sheet to the claimant, and the bailiff must again go to court and get there a properly certified document with corrected inaccuracies.
Bailiff
Having received a writ of execution, the bailiff first gives the debtor 5 days for the voluntary payment of the amounts due. If this does not happen, enforcement actions begin: seizure of the debtor's bank accounts, sending documents to him to work to recover the debt from his salary, and in extreme cases - seizure of property and sale from auction.
Is it possible to suspend production?
The law allows the suspension of the writ of execution. It is possible, for example, in the following cases:
- if the debtor disputes the lawfulness of the issuance of the writ of execution;
- if the debtor has become incompetent;
- if the act itself is appealed on the basis of which the sheet was issued;
- if the debtor or the collector is in the army or a business trip of a long duration.
In addition, the bailiff may himself decide to suspend if, after accepting the sheet, he discovered that the content needs to be clarified by the court. In this case, the action of the writ of execution shall be suspended on the basis of a decision of the bailiff.
How long is the suspension allowed?
The period depends on the specific circumstances of the case. In particular:
- in the event of the death of the debtor - until the moment when the procedure for entering into the inheritance of his relatives is completed;
- when the debtor is serving in the army, long-term treatment, long business trip - before the end of the service, treatment or business trip;
- in the event that the actions of the bailiff or the grounds for issuing the sheet are disputed - until the court decides in this dispute.
In the general case, the rule applies: the suspension lasts by law until the grounds for it cease.
Return of writ of execution
In some cases, the bailiff may return to the claimant a writ of execution without completing the proceedings. As a rule, this happens when the debtor has nothing to recover, and the bailiff, in spite of all efforts, was unable to find anything that could be realized from the auction. In this case, the enforcement proceedings are completed, and the bailiff returns the sheet to the claimant.
In this case, the deadlines for returning the writ of execution are three business days. In the event that the sheet is returned without execution, it can be re-submitted no earlier than six months later. However, one should not be afraid that this will lead to the expiration of the sheet: the period automatically expires at the time of execution. Thus, if a sheet is returned, the deadline for presentation begins to be counted again.
Repeated execution
The rules described above for re-filing can be applied multiple times. Thus, even if the debtor does not have property, a performance document can be submitted more than once. In this case, the three-year period will be restored each time if the collector receives it back.
However, there is nothing to rejoice about. In practice, multiple submission means that the decision is not enforced and no collection is made. Therefore, although the sheet can be sent to the bailiffs over and over again, the chances of getting at least something from it do not increase each time.
What to do if deadlines are missed?
The recoverer, who submitted the writ of execution after its expiration, has the right to apply to the court. There he can apply for the restoration of the missed deadline. In the event that the court considers the reasons for missing, valid, the term can be restored in full. However, in respect of writ of arbitration cases, the term can be restored only for six months.
The law does not indicate in detail which particular reasons should be considered valid. The main thing is that they should interfere with the presentation of the sheet for execution.
In addition, in cases where the document is sent by the court immediately to the bailiffs, it is impossible to talk about missing the deadline: the bailiff, having received the sheet, is obliged to begin production. Consequently, in cases when it comes to compensation for harm caused by a crime, compensation in connection with the loss of a breadwinner, the deadline will not be missed in any case.
Terms for decisions of foreign courts
It is important to remember that all of the above applies only to Russia. If you want to recover money by decision of a Ukrainian court, then in this country a different validity period of the writ of execution applies. Since 2011, Ukraine has introduced a law according to which the period during which the sheet is valid is only one year.
Standards differ in Belarus. There, according to decisions of courts of general jurisdiction, the deadline for presenting a sheet is also three years, as in Russia, but according to decisions of arbitration courts - only six months.
If the decision is made by a Kazakh court, and the writ of execution is presented for execution in Kazakhstan, then the rules there regarding the deadlines are the same as in Russia: the list can be submitted to the executors within three years from the moment the court made the decision.
