Hello! In this article we will talk about the concept of debt under writs of execution.
Today you will learn:
- How to obtain a writ of execution;
- How is debt collection carried out?
- Is it possible to sell debt obligations if a writ of execution is already in force?
Nowadays, it is not uncommon for debtors to recover money from whom only by going to court. They are not even afraid that, due to unpaid debts, their property may be seized, and he himself may be put on the wanted list. Today we’ll talk about how to prevent such a development of the situation and fulfill our obligations.
The concept of “writ of execution”
A writ of execution is a document that confirms the existence of debt obligations that must be repaid. It is issued to the plaintiff when the judicial authorities decide to collect the debt from the defendant.
Where to apply for a writ of execution
Both the plaintiff and the defendant can apply to the office judicial authority or to the records management department. It will also be sent to the bailiffs within ten days.
In order for the sheet to be issued, you must present:
- Passport (or other document that confirms identity);
- The court's decision.
In addition, the document is issued against signature.
How to find out if you are a debtor and enforce a court decision
Conducting proceedings based on writs of execution only seems like an easy task. In fact, you have to face various difficult moments. There are also situations when debt collection cannot be carried out for various reasons and the proceedings are closed.
The plaintiff has two options for enforcing the court decision:
- Try to collect the debt under writs of execution on your own;
- Send the sheet to the FSSP.
The debtor can find out about his outstanding debts using the service on the bailiffs website.
How to repay a debt through bailiffs
The writ of execution is accepted into proceedings by the bailiff. He must carry out measures as a result of which the claims of the claimant will be satisfied.
The bailiff decides by what coercive measures the debt will be collected, taking into account the wishes of the plaintiff. A set of measures should be applied so that the case is resolved as quickly as possible.
The debtor is given five days to make voluntary repayment of the debt. This is only possible if the existence of debt is a fact that occurred for the first time.
If you are a debt collector, then you have every right not only to remind the bailiffs about the case, but also to demand a report on the activities that are carried out as part of debt collection.
The standard period given to bailiffs to carry out collection is two months. But in fact the work on writ of execution may last for several years. It is especially difficult to achieve collection when the debtor is hiding. Most often, bailiffs do not take serious steps to search.
If there is a violation or delay in deadlines, you can contact the prosecutor’s office and complain about the inaction of the FSSP, but this measure cannot be called effective.
So don’t be lazy and remind the bailiff of his duties.
Additional collection actions
- You, as a plaintiff, can personally demand from the debtor the fulfillment of his obligations;
- If you have information about bank accounts opened in the name of the debtor, you can contact banking organization by providing a completed request and the original writ of execution. You can indicate the full amount of the write-off, or part of it, at your discretion.
- You can submit an application to the debtor’s place of work, request in the application that the debt be withheld from the salary, and then the funds are sent to the account of the collector.
Remember that the amount of debt will be collected only for the last 3 years, this is especially true if we are talking about a writ of execution for.
Important subtleties
The writ of execution is considered where the debtor lives, or in the area where the illegal actions were committed. If proceedings are opened in relation to, the paper is sent to the address indicated as the legal address.
It is worth noting that the defendant is rarely ready to voluntarily repay the debt; usually he does this only when there is nowhere else to retreat.
It must be remembered that even contacting the bailiffs does not guarantee that the debt will be repaid.
How to collect debt from an individual
We partially talked about this a little earlier, now we’ll go into a little more detail.
Note that when a debt is collected from an ordinary citizen, the FSSP sends a number of requests to different authorities:
- To the Federal Tax Service to find out information about your last place of work and salary;
- To the department pension fund, to find out whether contributions are deducted from salary and in what amount;
- To the Registration Service to clarify whether the debtor has real estate;
- To the traffic police to find out whether the debtor has a vehicle;
- To the largest banking organizations in the region, where you can find out about the debtor’s debit and deposit accounts.
The most successful option for bailiffs is if, thanks to requests, it is confirmed that the debtor has material wealth.
If the debtor does not have property, accounts or official employment, the chances of collecting the debt are slim. But they exist. First, they impose a ban on traveling to other countries. Then you can try to establish the debtor’s family ties, common property with relatives, and through the court try to allocate a share from this property to pay off the debt.
How to collect debt from a legal entity
More difficult than with an individual. Procedure in in this case longer and requiring a careful approach, although the procedure for debt collection is similar to the previous one.
Key points:
- Send requests to various authorities to determine the availability of assets and working capital;
- A trip to the address where the enterprise or organization is located;
- Sending official letters and a writ of execution demanding repayment of the debt.
If the debtor is credit organisation, the issue can be resolved without resorting to coercion. If the bank values its reputation, it will refund the funds quickly. Otherwise, the debt is subject to compulsory collection through the FSSP.
It is difficult to recover funds from insurance companies. As soon as the writ of execution is ready, the plaintiff contacts the banking organization in which the debtor’s account is opened. A demand is made to recover part of the funds in favor of the applicant, while indicating the necessary details.
If there are funds in the account, the bank can collect them, but if not, you will have to contact the bailiffs.
Collecting funds is always difficult and it does not depend on who the debtor is - an individual or an organization.
Which accounts are not subject to seizure?
Bailiffs have the right to seize found accounts of the debtor.
But there are restrictions according to which the following cannot be arrested:
- Bank accounts and cards to which child benefits and other social payments are transferred;
- Salary accounts;
- Salary bank cards.
Even if the bailiff issues a decree on their arrest, and the debtor proves that the account is a salary account or another one of those indicated in the list, the decree must be canceled and the arrest lifted. Let us explain this point in more detail.
Debt from social benefits, pensions or wages can be collected; the legislator allows this. But this must be done through the accounting department, which accrues them. In addition, the presence of a writ of execution does not give anyone the right to take away all the means of life from a person (if we are talking about an individual).
Example. The debtor has a salary of 20 thousand rubles. At the same time, he has two small children and a dependent close relative who is disabled. This means that more than 1/4 of the specified amount cannot be recovered.
Sale of property
As for property, it can be sold and thereby cover the debt, but restrictions apply here too. The only housing, orders and medals (if any), household utensils necessary for life and food cannot be put up for sale.
Deadlines for debt collection under a writ of execution
Due to the timing, the most heated debates flare up. Although the plaintiff needs to familiarize himself with information about the deadlines in advance so that the debt is collected in a timely manner.
So, the first thing the plaintiff needs to understand is that the deadline for execution and the deadline for collection are different things.
Period of execution – this is the period of activity of the bailiff from the moment of receipt of the writ of execution, and collection period This is the period during which the debt must be repaid.
Don't forget about limitation period. Although if the debt is collected within the boundaries of enforcement proceedings, the statute of limitations will practically not apply here.
If the plaintiff wishes, the writ can be revoked until the debtor is able to pay the funds. This right is most often used by banks in relation to clients who have a writ of execution for a loan.
A sheet can be in production, be recalled, come back again, and so on in a circle. But remember: the longer this cycle takes place, the less chance there is of collecting the debt.
The bailiff can legally close the proceedings, even if there is no consent of the plaintiff.
The collection period is a relevant concept when the defendant is ready to fulfill obligations voluntarily. And the terms of voluntary cancellation range from 5 to 10 working days.
How to collect a debt from a budget institution
Accounts of such organizations are opened not in banks, but in the treasury. The procedure for retaining debt is slightly different here. The claimant personally applies to the treasury with the writ of execution. Typically, funds are transferred within the next 30 days.
If there are no funds in the organization’s accounts for more than three months, the creditor is notified about this, who can revoke the writ of execution.
In such a situation, you can try to recover your funds by foreclosure through the FSSP on the property of the debtor organization.
Is it possible to cancel a writ of execution?
Even if enforcement proceedings are already in effect, there are a number of reasons for stopping this process. Let's analyze them.
If the debt collector renounces claims against the debtor and enters into a settlement agreement with him.
In this case, all prescribed measures are stopped, and production cannot be resumed. The main thing is that this agreement is accepted and approved by the court. If it does not affect the interests of third parties, then usually no problems arise.
The death of one of the parties or its disappearance.
Proceedings will be suspended if there is no successor to either party.
The defendant was not informed of the court order.
If you are a debtor, then send an application to the court so that you can be given a copy of the order. At the same time, file an objection addressed to the judge who made the decision. Please indicate that you were not familiar with the order, and this is a direct violation of the law.
Send similar documents to the bailiff who is handling your enforcement proceedings.
Selling debt
The practice of selling unfulfilled debt obligations is used as financial institutions, and an individual. We will consider the nuances of such actions below.
Assignment.
The law does not prohibit the transfer of unfulfilled debt obligations. Moreover, it is absolutely not necessary to notify the debtor about this. But the debtor retains the right to refuse to repay the debt if he has not seen documents confirming that the assignment is legal.
If the debtor agrees, an agreement on the assignment of debt is developed, which is tripartite.
The process itself takes a little time: from several days to several weeks.
The steps of the procedure are as follows:
- The buyer of the debt is provided with information from the creditor about the amount of the debt, supported by documents;
- All information is checked for compliance with reality, and the extent to which the creditor’s demands are legal is analyzed;
- The conditions under which the deal will be concluded are discussed;
- The lender and the buying company enter into an agreement, which is signed by all parties;
- One party notifies the debtor that the rights to receive the debt have been transferred to another company.
The transfer of debt can only be carried out if an assignment agreement is officially concluded, that is, the transfer of rights to accounts payable.
Only a legal entity has the right to redeem the debt. face. The debtor should note that the debt can be purchased by a collection agency. For the most part, they are the ones who do the ransoming.
Often, selling the debt is the only way for the creditor to get their money back. After the assignment, the collection agency will act.
Conclusion
To summarize, I would like to say that when collecting a debt under a writ of execution, much depends on the actions of the plaintiff himself. If he interacts with bailiffs makes efforts to dialogue with the debtor, most likely, it will be possible to recover the funds.
It is often very difficult to obtain funds from the debtor peacefully and the only way out for the creditor is to collect the debt through the court using a writ of execution (ID).
Debts can be in the form of unpaid goods, unpaid alimony, debts on loans, rent, unpaid taxes of individual entrepreneurs (denotes individual entrepreneur) and much more. And then the ID becomes a tool in the hands of the creditor. By contacting the judicial authority, after considering the case and making a decision to satisfy the claims, the creditor receives an ID on the basis of which forced collection can be carried out.
What is ID
A writ of execution is a writ of execution that is issued on the basis of a court decision and on the basis of which it is possible to recover funds from the debtor without his consent.
This document is issued by the court only on the basis of a judicial act and must be signed by the judge. And also must be sealed with the official seal of the judicial authority that issued it .
ID allows the claimant (i.e. the creditor) to return financial assets in the amount of the debt specified in the writ of execution by writing off Money from the debtor's bank accounts without his consent.
It is also possible to collect debts from wages or other financial sources of the debtor. You can use the ID in person or contact Federal service bailiffs (hereinafter abbreviated FSSP) with a writ of execution for debt collection.
How to get and use an ID
In order to obtain a writ of execution, you must write an application in accordance with the required form and submit a court decision to the judicial authority where the case was heard.
The claimant receives a judgment if the defendant loses the case.
Please note that the ID must be issued no later than two weeks from the date of submission of the application to the relevant authorities.
ID can be obtained from the judicial authority that issued the relevant judicial act, this can be:
- arbitration court;
- court of general jurisdiction.
ID can also be obtained on the basis of a settlement agreement between the creditor and the debtor, or by taking advantage of a decision of a foreign judicial authority.
Obtaining an ID occurs in the office of the judicial authority or in the records management department. Then the ID must be sent to the bailiffs.
But winning a lawsuit against the defendant and receiving ID does not mean getting your money back. A standard situation is when the defendant is in no hurry to pay off his debts to the creditor and does not respond to decisions made by the court. What to do in this case? The claimant can receive an amount not exceeding 25,000 rubles on his own.
To do this, you need to send the ID to the organization that makes payments to the debtor or his employer. If the amount of debt is greater, you should contact the FSSP, providing an ID and an application on behalf of the creditor to initiate enforcement proceedings. Based on the ID, requests about the defendant’s solvency are sent to banks, tax services, and the pension fund.
It is important to know: actions of the bailiff aimed at returning the amount of debt are clearly regulated by law Russian Federation(Federal Law "On enforcement proceedings") and the use of other methods is illegal.
Based on the law, the bailiff has the opportunity to obtain information about the financial and property status of the defendant and his location.
In cases where the debtor is hiding from the collector, the bailiff may resort to search measures, putting him on the wanted list.
Thus, acceptable measures when working with a debtor are:
- seizure of bank deposit and other accounts of the defendant;
- seizure of the debtor's property and collection of debt through the sale of this property;
- restrictions on travel outside the country.
As for legal entities, debt collection under ID is carried out according to the same rules. The bailiff must request information about the status of the organization's bank account. The company's accounts are seized. The defaulter’s property can also be seized, and the proceeds from its sale can be used to pay off the debt.
Considering ID debt from the debtor’s perspective, it is strongly recommended to voluntarily repay the debt through bailiffs or yourself in any convenient way. Enforcement proceedings have a number of restrictions on working with debtors:
- bank cards and accounts to which funds are received wage, social payments or child benefits are not subject to seizure;
- The debtor's only home cannot be put up for sale.
ID validity period
There are a number of features regarding the validity period of writs of execution that are important for the plaintiff to know.
You need to clearly understand the difference between such concepts as “fulfillment period” and “collection period”.
The execution period means the time the bailiff has been working since the initiation of enforcement proceedings, and the collection period is deciphered as the time frame when the debt must be repaid.
The deadline for execution is determined by law at 2 months. During this time, the bailiff must force the debtor to pay the required amount. But as practice shows, these deadlines are rarely met and this does not work in favor of the plaintiff.
Therefore, it is recommended to keep the progress of the case under control, especially since all information can be obtained at any stage. The terms of collection will be valid only if the defendant makes voluntary payment. Almost always, along with the amount of the debt, the ID also specifies a period for voluntary repayment - from 5 to 10 days. Payment within the specified period will relieve the debtor from paying a 7% fine for failure to comply with time limits.
It is also necessary to remember that there is such a thing as a statute of limitations. This concept can be deciphered as the period of time during which the plaintiff must contact the FSSP with a writ of execution. The law establishes a period of 3 years and is calculated from the moment the court decision enters into legal force.
If the ID was not submitted to the FSSP within this deadline, then you must provide documents indicating a valid reason for missing the deadline. In the absence of such, the executive service refuses to initiate proceedings.
Conclusion
A writ of execution or ID is an official document; accordingly, it requires compliance with all rules when issuing it, the presence of all seals and signatures.
It is very important to comply with the deadlines specified in the document.
This will save you from unnecessary problems in the executive service and save your time. Termination of enforcement proceedings occurs upon execution of a court decision, which means collection of debt from the defendant.
For those who want to check whether they have ID debts, today there is an electronic service of the FSSP of the Russian Federation, which will allow short time find out the necessary information. It is recommended to look at information about the presence of debts before traveling abroad, because... Bailiffs may restrict travel outside the country.
For those who are engaged in entrepreneurial activities, it would not be amiss to check their debts to the tax services on the website of the Federal Tax Service of the Russian Federation (decoding of the Federal Tax Service of the Russian Federation - federal tax service Russian Federation). Such services will allow you to always be aware of your obligations, as well as avoid large fines and make debt payments on time.
It is worth noting: There is no need to worry if your debtor has changed his place of residence or place of work. The enforcement service will find the debtor and collect all debts from him.
Otherwise, the enforcement service is obliged to put on the wanted list the unscrupulous defendant and collect debts from him! Whatever difficulties you may have to face, if all formalities are met, you will return your debts. Fight and don’t give up - you will succeed!
Watch the video, which explains the procedure for collecting debt under a writ of execution:
Receiving a court decision to collect a debt does not mean that money from the debtor will immediately go to your account. After issuing a writ of execution, the vast majority of creditors begin a long and ineffective enforcement procedure, entrusting their money to a bailiff who has no motivation to repay the debt.
Statistics say: By acting this way, you will not achieve results. This is practically equivalent to “throwing away” the writ of execution.
If the bailiffs are inactive
Inaction of bailiffs is a very common phenomenon. From year to yearthe problem of non-execution of court decisions withis becoming increasingly acute (the level of debt collection by bailiffs in 2017 was 3%). In most cases, they return the writ of execution due to the “impossibility of collection” and leave the creditor alone with his problems. At the same time, the inaction of bailiffs often leads to the loss of property, through which debts could be repaid. Even writing complaints does not lead to the desired result. In this situation, it is better to entrust the writ of execution to a collection agency than to rely on the bailiffs to independently collect the debt.
Debt collection under a writ of execution
The Orion Group pays special attention to the stage of execution of a court decision. As a rule, we do not work with the bailiff service, but find alternative and more efficient methods of collecting funds under a writ of execution. In some cases, we work through the bailiff service through our own channels, but we provide active assistance that allows us to make this procedure quick and effective.
Debt collection under a writ of execution - what exactly do we do?
1) We collect information about the current financial economic activity the debtor or his management: existing current accounts, property and other assets, close connections, etc.
2) We carry out special visits to the debtor at their actual location or meet with them in one of our offices and conduct telephone conversations
3) We present a writ of execution for collection to the debtor’s bank, seize the debtor’s funds and property, find and return the withdrawn assets
4) If necessary, we initiate bankruptcy proceedings for the debtor or a procedure criminal prosecution for debts if there are appropriate signs (fraud, evasion of execution of a court decision, etc.)
5) If necessary, we provide assistance to the bailiff service to conduct joint raids on the debtor (photo from the joint raid above), or organize the forced bringing of the debtor.
Timing and effectiveness of collection under a writ of execution
If there is a writ of execution, collection, as a rule, lasts no more than three months. Our goal at this stage is to fully repay the debt in accordance with the court decision. According to our statistics, at this stage we collect up to40% from all debts transferred to us for work.
The procedure for executing a court decision through a collection agency
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After signing the contract, we immediately begin work |
Debt repayment, payment of interest upon collection |
Cost of debt collection services under a writ of execution
We work for results - our main reward is a percentage of the actual amount of debt repaid. After fillingdebt collection applications We analyze the prospects of the business for free, after which we offer the client specific terms of cooperation.
Debt collection occurs at the expense of the debtor: the Customer’s expenses are collected from the debtor additionally along with fines and penalties.
Payment to the collection agency may consist of an advance on the costs of conducting the case and a basic fee in the form of a percentage of the amount actually collected. The specific terms of cooperation, the amount of the basic remuneration and advance payment depend on the circumstances of the case and are determined based on the results of the analysis of the debtor. Find out the approximate terms of cooperationONLINE.
Please note that Orion only works with debts from800 000 rub.
We know what to do with your debtor - collection technologies have been developed over the years. Don't wait until the debt becomes bad, fill out the required form or call us now.
Collection of money through the debtor's bank is the fastest and most convenient way execution of a court decision. If, of course, the account is active and there are enough funds on it. The ability to collect debts directly through banks where debtors have accounts is provided for in Article 8 of the Federal Law “On Enforcement Proceedings”. Execution in accordance with this article occurs without the participation of bailiffs.
From which debtors can money be recovered through a bank?
From almost any debtors who have bank accounts. It could be entity, individual entrepreneur, individual. The exception is banks (you need to collect money from them), government agencies, local governments, budgetary organizations(to collect money you need to communicate, ), etc.
Which bank should I take the writ of execution to?
So, you know in which banks your debtor has accounts (). Of course, the information may become outdated, the account may be empty, or the debtor may quickly close it and open an account somewhere else. And there is only one writ of execution and it is presented in the original. Therefore, if there are several accounts, you need to take into account the following information:
- check whether the bank’s Central Bank license for banking operations has been revoked. When the license is revoked, the bank no longer carries out any operations on accounts, incl. does not collect money from clients' accounts. The relevance of the license is possible. If the license is revoked, you will see this picture:
- data on the debtor's accounts from tax office priority. By law, banks are required to inform the tax authorities within 3 days about the opening and closing of accounts, and changes in details. That is, in most cases it will be the most relevant and official information about accounts. Well, except for the case when the debtor promptly closes one of his accounts;
- Please note how old the information is. For example, if your 2008 agreement with a debtor specifies one bank, but the debtor’s new website contains different details, you may want to give priority to more recent account information;
- take into account the territorial location of the bank. When there is a branch of one of the debtor’s banks in your city, it is easier to first take the writ of execution there. If collection through this bank fails, then you can withdraw the writ of execution at any time and contact another bank;
- take into account information about the debtor’s business activities. If you are a company or entrepreneur, then you can glean valuable data from your accounting department. Look at which accounts the debtor transferred the payment to you from, where, and how long ago you transferred the money to him. Perhaps your accountant communicates well with the debtor’s accounting department and is aware of which account he has more money in. And so on.
Please note that, as a rule, you can take the writ of execution to any branch of the debtor’s bank. For example, if the debtor has an account in the Moscow branch of the bank, and you live in St. Petersburg, you may not send the sheet to Moscow, but present it to the St. Petersburg branch or branch of the bank. You can send the sheet to the bank’s head office, or you can send it to the branch. I tried different options and everything went well. But you can further clarify the information by calling the bank.
What package of documents is needed for execution through the debtor's bank?
- original writ of execution. If possible, the court should stitch it with threads and seal the stitching with a seal and signature. In my practice, it happened that the bank returned the sheet without execution, demanding that the sheet be stitched in court;
- application for execution to the bank- 1 copy when sent by mail, 2 copies when delivered in person. Mandatory information in the statement: details of your account to which the money will be transferred (required details of the claimant himself, who is indicated in the writ of execution; you cannot indicate someone else’s account); if you are an individual: full name, citizenship, passport details, registration address / temporary registration, TIN, data migration card and a document granting the right to stay or reside in the Russian Federation; if you are a legal entity: full name, TIN / code of a foreign organization, OGRN, place of state registration, legal address.
- copy of the passport(1 page and registration), migration card, document for the right to reside in the Russian Federation, certificate of temporary registration - for claimants - citizens, with the original passport if submitted in person;
- power of attorney— if you submit and sign documents on behalf of a company or another person + the original passport of the representative when submitting in person.
The documents can be submitted to the bank in person (then be sure to ask to put a receipt stamp on the second copy of the application). Or you can send it by mail. I strongly recommend sending by a valuable letter with an inventory of the attachment and a receipt, keeping the inventory with a mail stamp and the receipt/registry of the shipment. This is in case the writ of execution is lost during shipment, so that you can later.
How soon will I receive my money?
According to the law, the bank is obliged to fulfill the presented sheet immediately. That is, if there are no claims regarding the package of documents, there is enough money in the debtor’s account, you can receive money on the day the documents are submitted or the next day.
Within 3 days from the date of execution, the bank will send you an official letter. There, either the fact will be stated that such and such a sheet was executed at that time, or it will be said that there are not enough funds in the account, a collection order is drawn up and placed in the card index (sometimes they simply send a copy of the collection order). Or, if the sheet is returned, the reasons and claims of the bank regarding the package of documents will be indicated. You can correct any mistakes and submit the sheet again. But it’s better, of course, to clarify the nuances when serving, so as not to run around several times.
What to do if money does not arrive from the debtor?
It is reasonable to wait about 2 weeks from the date of submission of the writ of execution to the bank. During this time, the required amount may fall into the debtor’s account, then the money will be transferred to you. Only partial fulfillment can come.
Try to contact the bank and find out about the problems with the debtor’s account - it could be a seizure placed by bailiffs in favor of another creditor, or maybe the debtor simply does not use this account and does not keep money on it. Sometimes such information is given directly upon receipt of documents.
If there is no money in the account, the account is inactive, arrested, etc., it is worth picking up the writ of execution from the bank. To do this, write an application to the bank, submit it in person or send it by mail. If the application is signed by a representative, attach a power of attorney.
After returning the original writ of execution, you can present it to another known bank of the debtor or to the bailiff service.
Or could it be that the bank has colluded with the debtor and will not fulfill my decision?
In my practice (and this is more than 4 years and hundreds of sent writs of execution), this has never happened. Banks are afraid of claims from the Central Bank, so they strictly comply with the law and clearly collect money from debtors’ accounts. If this happens, it will only be through the fault of a specific employee. In this case, you can always complain about him to his superiors and the issue will be resolved in your favor.