Most often, people borrow money from credit organizations, but the system is quite real and not prohibited by law when an appeal is made to another individual. There is no difference between the two. However, it can be quite difficult for another person to demand his own back. In particularly difficult situations, you have to go to court, which makes a decision on the current problem. It is this decision, which is called the writ of execution, and is the main document with which you can take your money back.
Most often, the debtor honestly pays the debt, since he has nowhere to go, but there are situations in which he simply cannot (or does not) want to repay the debt. In this case, you can act by presenting a writ of execution to the bank. This method is true for both various individuals and legal entities. Little things will differ slightly, but the general system, which will be described in more detail below, will remain unchanged.
Collection and enforcement proceedings
As mentioned above, it is possible and necessary to demand debts, but the main thing is to do it right. Just bothering the debtor with calls and threatening him is not an option, especially since such behavior is illegal and can cause problems for the exactor. There is an option to wait until all the periods during which the debtor was obliged to pay the debt expire, and then go to court. In the provision on enforcement proceedings, everything is clearly and clearly laid out, so further actions by public authorities will not be a surprise. Another thing is that you have to wait a very long time.
But the law also provides for another, simpler and faster way. The main thing here is that the debtor has accounts in any financial organizations. The further mechanism is not particularly difficult, but you have to run. So, there is such a procedure as the presentation of a writ of execution to the bank by the recoverer. In the absence of such an opportunity, an authorized representative may submit it (provided that he has in his hands all the necessary documents confirming the right to dispose). But to do this, you must first understand what and where to carry.
Search for a financial institution
The first thing to do is determine the address of the debtor. It is not difficult to find this information, because it is indicated in many documents. This data is needed in order to know exactly where the information on all accounts existing with the debtor is stored. After that, you should go to the tax office at the place of registration, which is the carrier of the necessary data. There it is necessary to write an appropriate application for information and confirm the legality of the requirements using the writ of execution. According to the law, the state body is obliged to issue the required within three working days. In practice, a lot depends on the location of the service. In some cases, data can be obtained much earlier, but most often you have to honestly wait for the entire term.
The received document will indicate all the necessary information about where, when and how much money is on what accounts. Naturally, you should choose exactly the bank of the debtor from which the license was not taken away and where the necessary amount is on the accounts. For example, there are 3 banks, each of which has an account. In one account zero.In the other, there is only half of what is required. In the third, the amount in the debtor's account significantly exceeds the debt. It is logical that the latter organization should be chosen.
Drawing up and presentation of documents
The right financial institution has been found. Now you should collect the maximum possible number of documents and visit a specific department. In principle, a writ of execution and personal documents of the claimant will be enough, but it is better to play it safe so that you do not run several times later. In addition, a statement should be drawn up, which, together with the writ of execution, will become the reason why the bank will withdraw money from the debtor's account without his permission and send it to the collector. Presentation of a writ of execution to the bank begins with this.
So, the statement must include data about the claimant. That is, his name, citizenship, passport data, registration address (temporary or permanent), TIN number, and most importantly, there should be a bank account details where you will need to transfer money. This is a very important parameter that few people pay attention to. It follows that if the collector does not yet have a personal account, then it will be necessary to attend to his opening, all the more so since it is simple, short and not very expensive.
The information above concerned an individual. For firms, or rather their representatives, the data will look a little different. So, the name of the company, its TIN, registration number and address should be present. Naturally, we need a checking account with all the details, but enterprises have no problems with this. This is one of those minor differences between legal entities and individuals.
Activities of a financial institution
Suppose that the application is drawn up correctly, all documents are in order, and they arrange a bank. If you are not satisfied, in theory, you can insist on your own, relying on legislation, but it is much simpler and easier to simply fulfill the requirements of a financial organization. Most often they relate to minor elements of the workflow. But what exactly should not be is claims to such a document as a writ of execution. Bank employees are also required to provide a sample fill.
So, all the papers are accepted. The bank must first register the incoming application in a special journal, specifically for these purposes and intended. Then a collection order is drawn up. In accordance with Bank of Russia Regulation No. 2-P of October 3, 2002, a financial institution is simply obligated to respond. Within three days from the receipt of the application, the funds will be sent at the details specified in the document.
If multiple accounts
The above steps are true in all situations. However, in some cases, the debtor has not one but many accounts at once. This is a common phenomenon recently, especially among people who really fear for their own money. Consider a situation in which all the debtor's funds are in accounts in the same bank. In this case, if the money in one of the accounts is not enough to fully repay the debt, the financial institution should not stop there. The collector is not required to submit a separate application for each individual account. Submission of a writ of execution to the bank in itself is sufficient to withdraw funds from wherever they are at all. So, with such events, the financial institution is obliged to take money from several accounts at once and send it anyway according to the details specified in the application earlier.
If you have accounts with several banks
A collection application must only be filed in one place. But it happens that there is not enough money (this situation will be discussed below).If at the same time the debtor has accounts in other banks, it will be enough to withdraw the application in one organization and file it in another. It is not difficult. All information required to perform such actions must be provided by the bank employees themselves. If this does not happen, it is recommended to contact the management of the branch or branch directly, since the law in this case is on the side of the claimant.
After the application is withdrawn, you can safely go to another bank and repeat the procedure there. It should be noted that the first financial institution is obliged to put marks on the back of the executive document on why it is being returned, indicate the amount that has already been written off, the date, and so on. All this is certified by signatures of responsible persons. Further, in the above-mentioned journal, relevant information is affixed, and the collector must write a receipt that he really received the paper in his hands and has no complaints.
Bank actions in case of shortage of funds
Usually, debtors are well aware of how this will all end, and do not seek to store large amounts in their own accounts. In this case, after the collector submitted an application to the bank and all the money that could only be sent were transferred, the writ of execution is not postponed. It is constantly monitored and recorded, as well as the debtor's account. As soon as money arrives there, they are automatically sent to the claimant. This continues until the full amount of the debt has been paid. Such a system is very convenient in cases where the debtor did not work with other financial organizations and he no longer has accounts. No need to go anywhere extra and write something.
Bank alert
Sooner or later, but there comes a time when a financial institution has paid everything that involves a writ of execution. A sample of its filling always takes into account that upon the occurrence of such events an appropriate reaction should follow. So, the bank is obliged to write a registered letter and send it to the government agency that issued such a document in due time. This is a mandatory requirement that must be fulfilled without reservation and instantly. It is designed to minimize the chance of fraud, because, in theory, a recoverer can request a duplicate document in court, in exchange for an allegedly lost one, and turn to another bank. It is illegal, and punishment will surely follow, but it does not stop some.
Payment to the claimant
The regulation on enforcement proceedings involves the transfer of funds only to a specific account specified in the application. It must belong to the exactor himself. In no case is it allowed to transfer money to any other accounts of third parties. This will be a gross violation, threatening huge fines. In general, the applicant does not care (provided that he consciously indicated this account), but for bank employees this information will be extremely useful.
Bank problems
Any financial institution is obliged to respond in the manner indicated above within the time strictly specified by law. Only one exception is allowed. If the bank at the time of filing the application from the collector has already lost its license, it does not have the right to implement the decision of the executive authorities. In such a situation, those responsible must immediately return the document to the applicant with appropriate explanations.
Summary
Presenting a writ of execution to the bank is a simple and quick way to get a debt from a person who is not going to voluntarily pay it. The reasons for the actions of the debtor are not important here, the main thing is whether he has money in his account. Implement the whole process is not difficult for anyone. Problems, in addition to those listed above, can arise only if the money will no longer come to the account, and the debtor will not have others.In this case, you still have to start enforcement proceedings, and for how long it will drag on - one can only guess.
