How to find out who the claimant is by the number of the writ of execution. How to find enforcement proceedings by writ of execution number

The actual execution of a court decision on foreclosure presupposes the entry into force of the document and the execution of a writ of execution. At the next stage, the paper is sent to the bailiff service, where it is transferred to a specific official.

So that the employee can collect the necessary amount from the debtor, enforcement proceedings are initiated, and the formed case is assigned an individual number. Of course, each of the participants in the procedure wants to have a complete understanding of the course of the event. This will avoid violations and problems associated with untimely notification of citizens and provision of the necessary information. In this regard, the service that allows you to check by number is popular among citizens. Today we will talk about how to find enforcement proceedings in a virtual database by number and where to go for this.

The collection stage occurs only after the bailiff has received the writ of execution. In this case, the official document becomes the publication of the relevant resolution, which is transmitted to the parties to the case. The indicated act must contain all the necessary information regarding the initiated proceedings. Unfortunately, the debtor does not always have the opportunity to obtain the necessary information, since people often do not live according to their registration, and in some cases are away or in hospital for long-term treatment.

To keep abreast of the current situation and obtain the necessary information, you should find the case in the general electronic database by number. In addition, this approach will allow us to verify the reliability and accuracy of the information contained in the received resolution.

Despite the simplicity and clarity of the procedure, not all citizens have an idea how to find out whether they have a debt and how legitimate the demands of the bailiffs are. If the details of the case, including the name of the bailiff, are known to the debtor, then you can simply call the FSSP employee and clarify all the necessary information. Usually the bailiff invites the citizen to a meeting and provides him with all the necessary information. Of course, this option is quite simple, but it can take a lot of time. The best way is to access the interactive database on the official website http://fssprus.ru. Here you can get complete information, including personal data of the bailiff leading the case.

What information does the FSSP service provide?

The easiest way to get information right away is to contact the electronic database of bailiffs. With this service you can find out everything you need in a few minutes.

The following data is stored in the database:

• case number;
• all personal information of the debtor;
• details of the writ of execution;
• the amount of debt or other subject of execution;
• information about the bailiff who initiated the IP, as well as about the department involved in this production.

Based on this, it can be noted that if the debtor knows only the IP number, then it is quite possible to find out the rest of the information from it. The service makes it possible to track when and on what basis such a document was issued and what kind of debts the citizen has.

Step-by-step instructions for searching for IL in the database

Quite often, debtors learn about existing debts only after the bailiffs begin to collect funds or seize a citizen’s property. To protect yourself from such measures, it is worth periodically inquiring about the existence of debts, especially if there are reasons for this.

If the IP has already been opened, then you can make the necessary inquiries regarding the reasons for its initiation. The above service allows you to obtain all the necessary information according to the following algorithm:

1. A citizen needs to go to the official resource of the FSSP service.
2. After that, open the “Services” tab and go to the “Data Bank of Enforcement Proceedings” section.
3. Depending on what information is available to the citizen, it is necessary to enter it into the required cells and click the “search” button.
4. A window with code numbers will appear on the computer screen. It will be enough to enter this data to obtain the necessary information.

As a result, the information will be presented in the form of a table, indicating the necessary information. In fact, there is nothing complicated in the procedure, and it will only take a few minutes. This option is suitable for people who do not know their IP number. To search, you only need to indicate the last name and select the region of residence of the debtor.

If information about the case number is available, then you should go into the database, perform all the specified actions and find the case number among the data that appears. All information stored in the database is regularly updated, and therefore the most up-to-date information will be available to the citizen.

Conclusion

To obtain the necessary information about a citizen’s debts, you can personally visit the bailiff and find out the situation with him. The second option involves accessing the FSSP service, which contains complete information about all open enforcement proceedings and all actions taken by bailiffs in these cases. If you use this option, you can find out all the information within a few minutes.

For this purpose, a special document is issued, called a writ of execution, where, on the basis of the decision made, the debtor is given a time limit for execution of the decision. In the photo you can see what the IL sample looks like.

What is a writ of execution

Documents that are based on a decision of a court, and sometimes another competent authority, are writs of execution. They are issued in civil cases or administrative offenses. They contain details of the authority that issued the IL. In addition, it reflects information about the opposing parties (obligated and authorized person). This is an official document that decides to pay financial resources from one participant in the trial to another.

Types of writs of execution

According to the internal content, ILs are differentiated into 2 groups and depend on the type of recovery. Types of deductions based on writs of execution:

• property Contains information about collecting money. This is the most common type of document with a resolution to one person to pay an amount established by the court in favor of a second person, and it makes no difference whether it is an organization or an individual.
• non-property. They decide to take or not to carry out specified actions, for example, to transfer the garage to another person or reinstate a person to their previous job.

Where to obtain a writ of execution based on a court decision

The collection document is received by the claimant on the day the resolution enters into force. As a rule, after 10 days after the decision was announced, a writ of execution in a civil case is issued, since during this time the victim can still appeal the decision in court by filing an appeal. In practice, sometimes you have to wait longer before picking up a certified document. The IL is issued in a single copy, but if a decision is made in favor of more than one claimant, then the number of documents is directly proportional to their number.

How to obtain a writ of execution by court decision

There are 2 delivery methods. The writ of execution is issued to the bailiffs. If the debtor does not comply with the assigned order, then the plaintiff has grounds to request that the IL be issued to him. An appeal is drawn up in any form by hand, for which it is necessary to have a court order. In the header indicate the details of the court, the number of the decision and your own (last name, initials, residential address), then state the request. The application is signed and dated.

In addition, you can always request a duplicate if the original was lost for certain reasons. The application is drawn up in a similar way, with the exception that the request for a duplicate and the reasons for the loss of the original are indicated. It is necessary to attach proof of the loss of the original. There is no need to pay for the issued sheet, since the state duty is not charged for this.

What to do with a writ of execution from the court

The judicial authorities do not issue instructions on where to go with a writ of execution from the court. There are a number of ways that a claimant can use to obtain the funds owed. More often, citizens resort to the services of bailiffs. It is necessary to choose a service located in the territory of residence of the debtor, or an organization at the location of the property of the obligated person.

You are also allowed to act independently:

• send an application to a banking institution if the debtor’s account is located there;
• apply to the place where the obligated person received the income, if the amount is not more than rubles;
• resort to the help of collection agencies.

Submission of a writ of execution to the bailiff service

Together with the completed application for the execution of the court decision, you need to come to an appointment with the bailiffs. After the writ of execution has been submitted to the bailiff service, proceedings are initiated within 3 days and its implementation begins in order to recover the funds due from the debtor. Otherwise, the service is obliged to return the papers and submit a refusal, where the reasons for the impossibility of performing duties will be substantiated. A copy of the decision must be presented to both parties to the conflict.

How bailiffs work on a writ of execution

Having made a positive decision on enforcement proceedings, the work of the bailiffs begins on the writ of execution. They begin to implement a court order, for example, to evict a person from an occupied living space. If funds need to be collected from a debtor, then service employees begin to become interested and send requests to various services and registries, where they can obtain information about the debtor’s available financial resources. In the absence of money, the property of the obligated person is seized for the purpose of selling it and receiving money.

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Validity period of the writ of execution

The deadline for collection of a writ of execution by bailiffs is established by law. In cases of courts of general jurisdiction, the collection period lasts three years or until the moment when a deferment for the repayment of doubtful debts was issued. Arbitration court decisions are valid only for 3 months, which is something you need to know. Payment for administrative offenses and fines can only be received no later than one year later.

Suspension of the writ of execution

It is important to know that there are certain conditions when a writ of execution may be suspended. The period is interrupted if the obligated person partially repays the debt or the IL is available for sale. If the period is renewed again, then the previous period that has expired before the debt begins to be repaid is included in the new one. When it is impossible to fulfill the obligations under a court decision, a new period is considered from the date of receipt of the document by the claimant.

There are certain circumstances when the renewal of the collection period from the debtor is not allowed. The only possible way to resume this process is to apply to the court that issued the order. Termination, in contrast to suspension, occurs due to the declaration of the debtor as dead, when the plaintiff withdraws claims, etc.

Debts under writs of execution

The decisions are issued by the body that considered the case. Debt collection under a writ of execution will occur in any case, regardless of what methods will be used for this - writing off funds or selling the property of the obligated person. If the amount of debt exceeds rubles, then a number of restrictions are imposed on the debtor. He will not be released outside Russia until the amount is repaid and will not be able to receive a loan, since his data is entered into the bailiffs database, which can be viewed and checked online.

The accounting department of enterprises and organizations maintains a file cabinet according to IL for easy viewing of information and to be able to withhold (transfer) the required amount of debt from the defendant’s accrued salary. Before alimony can be correctly withheld according to a writ of execution, etc., an order must be issued for the enterprise. The debtor has the right to apply for a reduction in the amount of payments.

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Where to go to find out about writs of execution sent to the Office of the Federal Priest Service?

2. If enforcement proceedings have been initiated, the search will provide information and its number. It will also indicate which branch of the bailiff is responsible for collecting the debt.

3. If the search does not find the information, then call the Federal Bailiff Service and give the name of the debtor and the collector. So that they look at the base where production is carried out

Reception offices of the deputy heads of the Federal Bailiff Service of Russia in Moscow:

Sytsevich Sergei Mikhailovich:

Sepeta Vladimir Alekseevich:

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Gorin Valery Viktorovich:

Nikiforov Mikhail Mikhailovich:

Lukyanchikov Evgeniy Nikolaevich

st. Butyrsky Val, 5, Moscow,

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(Friday from 9.00 to 16.45, lunch break from 13.00 to 13.45, technical break from 10.45 to 11.00 and from 15.45 to 16.00).

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How to find out whether a writ of execution has been issued

where can I see if the writ of execution was issued by the arbitration court? and whether we received it. because we can’t find him in the office

Lawyers' answers (3)

Good day. You can view it on the arbitration court website by searching for the case by the names of the parties. The case materials will contain a note about the issue and number of the writ of execution. In the bailiff database you can also find data on enforcement proceedings according to the debtor - TIN, name

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Have a question for a lawyer?

Good afternoon To the above, we can add that the section of the arbitration court website, where you can find information about sending a writ of execution, is called “Case File”. In it, you can enter your case by case number, name, INN or OGRN. If there are lines “Outgoing Letter” and “Writ of Execution” from the same date, then the court sent the writ of execution on that date. If you think that all the deadlines for receiving the writ of execution have already expired, then it is likely that the writ of execution has been lost somewhere in the vastness of the Russian Post. To get out of this situation, you can call the judge’s assistant (telephone numbers are in the court’s rulings on this case) and find out if the writ of execution has been returned to them. If not, then you can find out the postal ID number and use it on the Russian Post website to find out why the writ of execution was not delivered. Next we'll have to deal with Russian Post. If it is useless, write an application to the court for the issuance of a duplicate of the writ of execution.

Client clarification

Thank you very much for your detailed answer!) everything has become much clearer!

Please also tell me where to write an application electronically to receive a writ of execution, because There are no entries “Outgoing Letter” and “Writ of Execution” in the case file.

My pleasure! It is possible, by the way, that there is no such record because the deadline for appealing the court decision has not yet passed (or if the decision is being appealed). On the court’s website there is a section “Process”, and in it a subsection “Application for the issuance of a writ of execution”.

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Writ of execution: where and how to get it

Once the court has made a decision, it must be executed. However, the guilty party does not always do this voluntarily. Then the bailiffs take over the case and enforce the decision.

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Once the court has made a decision, it must be executed. However, the guilty party does not always do this voluntarily. Then the bailiffs take over the case and enforce the decision. When it comes to debt collection, you can apply for execution of the decision to the bank where the debtor’s funds are deposited.

Which option to choose and what to do if the culprit of your problems is inactive? Our material is devoted precisely to this topic.

First, let’s remember what a writ of execution is. This is a document made on special paper with watermarks and seals, which guarantees the injured party the execution of a court decision, resolution, sentence. It must contain a certain set of information.

• The operative part of the decision in the case;
• The name and contacts of the court, for example, the district court of St. Petersburg, where the trial took place;
• Number of the writ of execution and date of its production;
• Day of announcement of the decision and entry into force;
• Information about the creditor and debtor.

Here you can see what a writ of execution (sample) looks like!

Important! When several plaintiffs and their opponents are involved in the process, an equal number of writs of execution will be prepared.

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Issuance of a writ of execution

How to obtain a writ of execution? The claimant has the right to do this only when the judge’s decision comes into force! Otherwise, the sheet will be invalid and it will be revoked. The exception is when the decision must be implemented immediately after its announcement. For example, this applies to cases of alimony debts or labor disputes.

The plaintiff can go to court himself to obtain the writ. You need to show your passport and submit to the court that heard the case an application for the issuance of a writ of execution.

Important! The court's writ of execution can be taken by his authorized representative instead of the claimant. It is better if it is an experienced, qualified lawyer. The power of attorney must be issued by a notary. At the request of the claimant, the court also has the right to send a sheet for execution.

If you still decide to get the sheet yourself, remember that the application for its issuance must be prepared in two copies. Give one copy to the court employees, and on the second they will note that the claimant’s appeal has been accepted. Don't lose it!

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There is another way - you can send an application to receive the sheet by mail in a valuable letter. As usual in such cases, you need to make an inventory of the contents of the message to avoid possible discrepancies and take a receipt for sending the letter.

In the application, you can indicate the method of receiving the document - during a personal visit to the court, by mail, or the writ of execution will be immediately handed over to the bailiffs. Get ready - you'll have to wait a few days. In fact, the court should issue a writ of execution as soon as the “verdict” receives legal force. But the courts are usually very busy.

But if the transfer of the sheet is delayed for too long, you need to act - send a complaint to the chairman of the court. An internal audit will begin, the results of which must be reported to the claimant.

Important! Do not rely on the literacy and experience of court workers. The human factor can work here too! You need to check the writ of execution and all the data in it - about the claimant, the debtor, the case number. If errors are found, the document may be invalidated. Therefore, the most reliable thing is to seek advice from a lawyer.

By the way, if the plaintiff who received the writ of execution, as well as the debtor, does not understand something in it, he has the right to receive an explanation in court. To do this, he must apply there with an application. The appeal must be examined within 10 days at an official meeting.

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What if the writ of execution is missing?

It happens that the plaintiff loses the writ of execution. Then you need to submit an application to the court to obtain a duplicate. Be sure to send it before the deadline for submitting the sheet for production. It’s another matter when the bailiffs lost the sheet. Then you can count on a copy even after the mentioned period. But! Within a month after you learn of your loss.

The judge will consider the application for a duplicate within the next 10 days after receiving the application. The court must understand the circumstances of the disappearance. All persons involved in the process will be invited to the meeting. Although if they do not show up, this will not be a reason for not receiving a duplicate.

Important! Based on the results of the meeting, the judge will make a decision to issue a duplicate or refuse to do so. In case of refusal, this decision can be appealed.

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Transfer of writ of execution to bailiffs

How does collection under a writ of execution occur? As we have already said, the plaintiff either takes it to the bailiff service and submits an application for debt collection, or the document is sent to them by court employees.

Important! If the collector knows something about the debtor that will help in the return of funds, you can mention this in your appeal to the bailiffs. For example, if he knows his current place of residence, telephone numbers, bank account.

The applicant will be assigned a bailiff who will conduct enforcement proceedings. He can seize the debtor’s bank account in order to hold funds, seize personal belongings, sell them, block travel abroad...

Important! The period for execution of the writ of execution is 3 years after the judge’s decision enters into legal force.

At the first meeting with the bailiff, the applicant needs to give him the details of his bank account, to which, after the debts are returned, payments under the writ of execution will go.

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For collection - to the bank or to the bailiffs?

The law allows you to present the sheet not only to the bailiffs, but also to the bank (FZ-229 “On Enforcement Proceedings”). But we must remember that you can apply for collection only to the financial organization where the debtor has an account.

Creditors often doubt in which case the plaintiff will receive money faster? There is no definite answer; it is better to consult a lawyer. But let's look at the pros and cons of these two methods of debt collection.

In the case of a bank, debt repayment is convenient because the credit institution will be obliged to transfer the money to the plaintiff. And this can happen in a matter of days! But if the debtor is an individual, this is more difficult to do. The average person is not required to provide the Federal Tax Service with information about their bank accounts, unlike legal entities.

Therefore, you first need to send a request to the Federal Tax Service about the debtor’s bank accounts. Tax authorities are required to provide this data within a maximum of 10 days in accordance with the already mentioned Federal Law-229. Along with the request, you must send a writ of execution or a copy thereof. It must be certified by a notary.

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Tax specialists may indicate several accounts of the debtor in the request and not specify whether they are active or whether funds are flowing through them. It is possible that these accounts have not been used for a long time. And if you submit a sheet to the “wrong” bank, you may not receive collection.

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How is a writ of execution submitted to the bank?

It is necessary to prepare an application in a special form in 2 copies and attach to it the original writ of execution and a copy of the passport. This package of documents must be submitted to the reception of the credit institution.

You must keep one copy of the application, having first marked it as accepting documents. If the debtor has funds in the bank, collection must be carried out within 3 days. Otherwise, money will be received as it appears in the debtor’s account.

Important! If the funds in your account are not replenished, you should not wait for them for several months. Then you need to issue a revocation of the writ of execution and hand it over to the bailiffs.

Unlike a bank, bailiffs can track which account the debtor uses to conduct transactions. They will also control the write-off of funds. If the bailiffs realize that there is no money in one of the debtor’s accounts, they will send an order to write off the funds in another financial institution.

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But there are also shortcomings in the work of the bailiff service. This department is overwhelmed with work and sometimes simply cannot cope with its volume. So it is quite possible that you will also have to wait.

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Obtaining a writ of execution in arbitration

Finally, we will discuss how to obtain a writ of execution from the arbitration court. It will be issued after the resolution comes into force, unless immediate execution is involved. If the document was issued before the “verdict” came into force, it is illegal. Then the writ of execution will be withdrawn.

Important! Even if the case was considered on appeal or in the Supreme Court of the Russian Federation, the court of first instance must issue the sheet.

If there were several plaintiffs and defendants, the judge must issue a multiple number of writs of execution.

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The period for submitting a writ of execution in arbitration may vary:

• 3 years after the resolution comes into force;
• The day after his announcement;
• Immediately after the end of the installment period;

Let's say the plaintiff missed the time to present the sheet. Then you should apply to the court to restore this period. But only to the court of first instance! The judge will consider this appeal and make a decision. After this, the claimant will have 3 months to comply with the order.

Important! When the execution of a decision is suspended, this time is not counted towards the deadline for presenting the writ of execution.

In arbitration, you can also get a duplicate of the sheet if the plaintiff or the bailiffs have lost it. This must be done before the deadline for its submission to production expires. But if the culprit of the loss is the bailiff, and the plaintiff found out about it after the end of the presentation period, you can go for a copy in the next month after you learned about the loss.

The judge convenes a meeting to consider the request for the transfer of a copy of the sheet. All participants in the process are invited to attend. It should take place within the next 10 days after you apply for a duplicate. The judge needs to find out the circumstances surrounding the disappearance of the sheet. Then he will make a decision on issuing a copy or refusing.

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Applying for a writ of execution, visiting the court, the tax service, bailiffs, communicating with the debtor, searching for information about him - all this requires knowledge of the laws and a considerable amount of free time. Do you want this? Maybe it's better to trust a lawyer?

Don't know how to force a debtor to comply with a court decision? Contact a qualified lawyer!

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How to check the writ of execution? 3 ways

Often the need to check a writ of execution arises due to doubts about its authenticity or a desire to collect more information. Today, thanks to the large number of open sources of information, checking a writ of execution by case number or last name of the debtor is not a problem. We present 3 ways.

We previously wrote about what a writ of execution is and when it is issued. We also told you in a separate article how to collect a debt under a writ of execution in 3 days. The current topic will help check the writ of execution for authenticity if there is a case number and the debtor's last name.

It should be noted that the issue of checking the writ of execution is very relevant for bank employees. Many bankers faced a boom in counterfeit goods a few years ago. Using court forms and seals, fraudsters en masse sent false writs of execution to banks for small amounts so as not to arouse suspicion.

Individual financial organizations, in turn, not wanting to run into fines for slow compliance with the requirements of the writ of execution, promptly collected the required amount from the client’s bank accounts and transferred them to the bank accounts of the fraudsters specified in the application.

The Central Bank was forced to prepare a separate letter, in which it explained how the writ of execution could be verified for authenticity and thereby reduce risks. Let us remind you that in case of unjustified debiting of funds from the client’s account, the bank is liable. The bank will have to return the money to the client and pay interest on this amount.

1 way. Check the writ of execution by case number

Each writ of execution, in addition to a brief definition of the court and the essence of the requirements, contains such important data as the case number and the full name of the court. This information is often quite enough to check the writ of execution against the database of court decisions, which is located on the website of the State Automated System of the Russian Federation “Justice” (sudrf.ru)

When visiting the site, you need to select the “Search for judicial acts” section. Next, in the form that appears, you should indicate the number of the case (material), the subject of the Russian Federation in which the court is located. In our case, this data was enough to check one writ of execution found in the public domain.

In the search results, we received the full name of the defendant, the name of the plaintiff, information on the progress of the case, as well as the text of the court decision. All data coincided with those indicated in the writ of execution, which indicates the reliability of the document.

If you need to check information on judicial decisions of arbitration courts, you can use the help of the website “Federal Arbitration Courts of the Russian Federation”. Here you just need to select the “Card Index of Arbitration Cases” section and then indicate the case number.

Method 2. Check the writ of execution by last name

The easiest way to check the writ of execution by name is to contact the database of the Federal Bailiff Service. On the department’s website, in the “Services” section, you need to select the “Data Bank of Enforcement Proceedings” item. Next, we need to decide who we want to check: enforcement proceedings for an individual or a legal entity.

When checking an individual by last name, the system produces data such as the debtor's full name, date and place of birth, number of the enforcement proceeding, details of the writ of execution, and amount of debt.

This data should be enough to compare it with the information from the writ of execution. Next, you can draw a conclusion about the degree of authenticity of the document.

3 way. Check the writ of execution by calling

If the bank was unable to obtain the necessary information using these services, or if doubts remained about the authenticity of the document, the Central Bank recommended contacting the court that issued the writ of execution, and personally contacting the client.

All this, of course, may take more time than collecting information from electronic databases, but we remember that if there are doubts about the authenticity of the writ of execution, the bank, according to current legislation, has 7 days to verify the document. During the inspection, the bank must still freeze the required amount in the debtor’s accounts, just in case.

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Read also:

comments to the article “How to check a writ of execution? 3 ways"

Thank you, I checked the number, everything works

What to do if the debtor is hiding? Works unofficially, changes places of residence, has no assets

The resolution to initiate enforcement proceedings is in hand. 2 years have passed since the execution. No actions regarding compensation have been taken by bailiffs. What should I do?

Here, only a complaint about the inaction of the bailiffs can help, although given their workload of 2 thousand cases each, nothing will help...

I was at a conference alone, a prominent and well-known person complained that he goes to the bailiffs every day, but there’s no point, he can’t get his 4 million dollars back

How to check if there is a writ of execution

Before choosing a place to holiday abroad, every citizen is recommended to check the debt in the bailiff databases. Let's take a closer look at the information on how to find out whether there is a writ of execution.

Based on Article 15 of Federal Law No. 114, a citizen’s ability to leave the territory of the Russian Federation is limited if there is evasion of obligations that were imposed by the court, as well as if there is fulfillment of obligations or agreement between the parties in the court case has not been reached.

The following reasons for initiating enforcement proceedings are possible:

• Debts on fines;
• Tax debt;
• Failure to fulfill obligations to pay alimony;
• Non-payments due to court decisions.

Bailiffs collect debts based on a court decision. This means that court hearings have already been held on the claim, as a result of which the court made a decision to collect the debt. Later, the decision is transferred through the court to the enforcement proceedings of the FSSP.

To carry out their functions, bailiffs are vested with a number of powers. In particular, in accordance with Art. 67 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”, bailiffs have the right to restrict the debtor’s travel outside the Russian Federation in cases where the amount of the debt exceeds rubles, or the stated claims are of a non-property nature.

It is important to note that a debt identification check must be carried out before vacation or travel abroad. If a citizen discovers a debt and takes action to pay it off, information about the payment of the debt will arrive only after a few days or weeks.

Data on debt repayment passes between departments from several days to two weeks. The debt is not closed immediately after payment is recorded. The department for working with citizens' appeals will tell you how to find out whether the bailiffs have a writ of execution.

Based on Article 32 of the Code of Administrative Offenses of the Russian Federation, for administrative offenses the fine must be paid by the citizen who was brought to administrative responsibility. Payment is made no later than 60 days from the date of entry into force of the resolution, which confirms the existence of an administrative fine. Also, payment must be made from the moment the deferment period expires.

Online debt check

Let's look at how to check whether there is a writ of execution and what needs to be done for this. There is an option online on the FSSP website. The database developers made sure that the service was convenient for all citizens.

The site allows you to find out the latest data, pay off the debt, and also use a suitable payment system to complete the payment transaction. The site has a function that makes printing a receipt easy.

The search column on the website will provide more detailed information and the case number. Additionally, the number of the branch that deals with debt collection will be indicated. If the search does not reflect the information, then you should call the UFSPP and give the name of the debtor and the relevant details. Service employees will check the database to see if production is ongoing.

The video discusses in detail how to find out the FSSP debt

Hello. In June 2015, the court made a decision to recover a certain amount from an individual in favor of a legal entity. In June 2016, another court hearing was held, where it was brought to the attention that the legal entity. the person has changed its legal form. Neither during that time from 2015 to 2016, nor until today, has a writ of execution been presented. From what time should the limitation period be calculated, and what are my actions if the writ of execution is not presented within 3 years?

Writs of execution issued on the basis of judicial acts, with the exception of writs of execution specified in parts 2, 4 and 7 of this article, can be presented for execution within three years from the date of entry into force of the judicial act. If within three years the enforcement proceedings have not been completed or there is no possibility of collection from the debtor, the writ of execution is returned to the claimant along with a resolution to terminate the enforcement proceedings.

Lawyer with 7 years of experience in the field of civil legislation. Graduated from the Russian Law Academy.

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Case No. 2-5659/2014

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

Volzhsky City Court of the Volgograd Region composed of:

Presiding Judge Lukacheva O.V.,

with the secretary<...>

Having considered in open court a civil case based on the claim of UniCredit Bank CJSC against N.M. Vysochenko. on debt collection under a loan agreement, foreclosure on pledged property,

U S T A N O V I L:

CJSC UniCredit Bank filed a lawsuit against N.M. Vysochenko. on debt collection under a loan agreement, foreclosure on mortgaged property. Indicating in support of the stated requirements that "."... g. between UniCredit Bank CJSC and N.M. Vysochenko. An agreement was concluded to provide a loan for the purchase of a car. In accordance with the terms of the agreement, the plaintiff provided the defendant with a loan in the amount of<...>for a period of up to "."... to pay no more than 60% of the cost of the car of the brand " purchased by the defendant<...>In pursuance of the terms of clause 6 of the loan agreement, the plaintiff transferred the specified loan amount to the defendant to a special account, which is confirmed by the calculation of the debt from "."... g... Clause 2 of clause. 2.4 of the loan agreement, the parties agreed that for using the loan the defendant pays monthly interest to the bank at a rate of 14.0% per annum. The agreement stipulates that repayment of the loan and payment of interest accrued on its amount is made by the borrower monthly on the 5th day of the month. Since the defendant improperly fulfilled his obligations to contribute funds to repay the loan under the loan agreement, in connection with which he incurred a debt in the amount<...>, of them:<...>amount of overdue principal debt,<...>– the amount of overdue interest accrued at the current rate,<...>penalty interest,<...>- interest accrued on overdue debt on the principal debt. To secure the obligations assumed under the loan agreement, a pledge agreement was concluded between the plaintiff and the defendant dated "."..., according to which the defendant, in order to ensure the full and proper fulfillment of his obligations under the loan agreement, pledges a branded car to the plaintiff<...>According to clause 3 of the pledge agreement, the agreed value of the car is<...>. In this connection, they asked to recover from N.M. Vysochenko. amount of debt in the amount<...>, the cost of paying state duty in the amount of<...>, foreclose on the subject of collateral - a car brand "<...>setting the initial sale price at auction in<...>

The representative of the plaintiff, UniCredit Bank CJSC, did not appear at the court hearing, the hearing of the case was duly notified, and the reasons for the non-appearance were not reported to the court.

Defendant Vysochenko N.M. at the court hearing, she admitted the claims in full, did not dispute the debt under the loan agreement, and did not object to the application for collateral - a brand car<...>

The court, having heard the defendant and examined the case materials, considers the claims to be justified and subject to satisfaction.

In accordance with Art. 39 of the Code of Civil Procedure of the Russian Federation, the defendant has the right to admit the claim. The court does not accept the recognition of the claim by the defendant if it is contrary to the law or violates the rights and legitimate interests of other persons.

The court does not see a contradiction to the law or a violation of the rights and legitimate interests of other persons, accepting the recognition of the claim by the defendant N.M. Vysochenko.

In accordance with Part 3 of Art. 173 of the Code of Civil Procedure of the Russian Federation, when the defendant recognizes the claim and the court accepts it, a decision is made to satisfy the claims made by the plaintiff.

In accordance with Part 4 of Art. 198 of the Code of Civil Procedure of the Russian Federation, if the claim is recognized by the defendant, the reasoned part of the court decision can only indicate the recognition of the claim by the defendant and its acceptance by the court.

The court, taking into account the recognition of the claim, considers it necessary to recover from the defendant N.M. Vysochenko. in favor of CJSC "UniCredit Bank" debt under the loan agreement in the amount of<...>kopecks, the cost of paying state duty in the amount of<...>, as well as foreclose on the pledged car brand<...>

Based on the aforesaid and guided by Article. Art. 194-198 Code of Civil Procedure of the Russian Federation, court

Claims of UniCredit Bank CJSC against N.M. Vysochenko on debt collection under a loan agreement, foreclosure on mortgaged property - satisfy.

Collect from Vysochenko N.M. in favor of CJSC "UniCredit Bank" debt under the loan agreement for the purchase of a car dated "."... in the amount<...>, <...>, expenses for payment of state duty in the amount of<...>

To foreclose on the collateral - a car brand "<...>identification number (VIN) No.... engine No...., body No...., no chassis, "."... year of manufacture, color white, state registration plate No.... having established the initial selling price at auction<...> <...>

The decision can be appealed to the Volgograd Regional Court within one month from the date of issuance of the reasoned decision.

Chairman: signature.

Reference: a reasoned decision was made "."… g..

Judge: signature.

Go to the court website, enter the case number, in the judicial proceedings tab -

Court decisions are all encrypted - the numbers are encoded, so you can come to the court to get a copy of the court decision; for this you need to write an application to the court office.

This service allows you to check an individual for the presence of enforcement proceedings and debts according to the database of the Federal Bailiff Service. To verify, you must enter your full name and date of birth, and select the region of registration of the person being verified. You can obtain information quickly and anonymously, both in relation to yourself and other individuals. How to check a person using the bailiff database In order to verify an individual, you must fill in the fields of the form provided with the appropriate data. Verification can be carried out even on incomplete data of a person. In this case, its result will be a list of all persons corresponding to the entered parameters. After filling out the form fields, you need to click the “Check” button and wait for the results. Verification is carried out using the most current and reliable sources. The result is provided within a few seconds. If the person being checked has no debts to the FSSP, and no enforcement proceedings have been initiated against him, as a result of the check, the system will issue a corresponding message. What information can you get? The result of the check is a table containing the following information about the person being checked: - Full name of the debtor and his date of birth; - Number and date of commencement of enforcement proceedings; - Data of the executive document; - Address and telephone number of the FSSP branch at the debtor’s place of residence; - Name and telephone number of the bailiff. The information in the database is regularly updated and expanded. Verification can be carried out in relation to individuals registered in any region of the Russian Federation.

Why do you need a check using the FSSP database?

Court decisions in the Russian Federation can be taken from several sources. The relevance of the opportunity to receive text on various identification points is very important, since the parties to the process do not always have the opportunity to take part in meetings or then receive copies of decisions by mail.

ATTENTION!!!

For residents MOSCOW available FREE consultations in office provided by professional lawyers on the basis Federal Law No. 324 “On free legal assistance in the Russian Federation”.

Don't wait - make an appointment or ask a question online.

Where can I get the court decision number?

You can find out the number of court decisions:

Check by last name

Information can be found on each of the above resources. On the website of the State Automated System “Justice” the data is searched in this way:

1. First you need to go to “Search for cases and judicial acts”.
2. A window will appear before the user's eyes.
3. In the window that appears, you must select the region where the legislative body is located.
4. In the column “Participant in the process (full name)” enter the data of the individual who is a party to the dispute (regardless of whether the person is the plaintiff, defendant or accused).
5. It is also advisable to fill in the approximate date of receipt of the case for consideration by the court.

On the portal of judicial opinions, information on personal data is even easier to find:

• you need to go to the “Simple search” section;
• the initials of the participant in the case are entered in the dialog box;
• You can enter additional data (court region, participant status, case number).

If you need to find information about enforcement proceedings from bailiffs:

1. The user accesses the website of the Federal Bailiff Service.
2. In the dialog box that opens, select the “Services” section.
3. At the next stage, click on one of the available services. The “Data Bank of Enforcement Proceedings” is most suitable.
4. In the window that opens, select the territorial body of the FSSP and enter the full name, as well as the date of birth of the person against whom the case has been initiated.

Search engines allow the possibility of finding information by the judge's last name. For example, such an opportunity is available on the website sudact.ru.

To receive detailed material on a group of cases, you need to indicate:

• region of the Russian Federation;
• the authority for considering the case;
• name of the legislative body;
• judge details.

What is a valid enforcement proceedings number?

This number is a specific identifier. This is why people encounter problems when services ask them to enter numbers into a required field.

The valid number is filled in the following format:

• number;
• region;
• year of initiation of the IP.

Example, 17543 (number) - 14 (area code) - 01 (2001).

Is there a case with the FSSP?

How to find out if enforcement proceedings have been initiated against you? The question is quite relevant, because it is not always the case that collection representatives or judicial authorities send citizens letters of notification regarding the occurrence of debts or other legal issues that may lead to the opening of an individual entrepreneur.

There are many ways to get help:

1. Call SSP by phone.
2. On the FSSP website in the “Bank of Enforcement Proceedings” section.
3. Through special applications for mobile phones.
4. Through the Bank IP application, created specifically for the social networks Odnoklassniki and Vkontakte.
5. Using the State Services portal. You need to go to the FSSP section and click on the “Obtaining a certificate of the progress of enforcement proceedings” tab.
6. Check the existence of an enforcement penalty by visiting a personal appointment at the SSP department.

Modern Internet capabilities allow you to subscribe to news from groups in “VK” and “OK”, therefore, by visiting the social network. networks that relate to FSSP information, you will receive updated data constantly.

You can check the existence of enforcement proceedings solely by full name. Of course, a search is also available by number, but a person who does not know about the existence of the case itself will not know its number.

Is it possible to find out the reason for the fine through the bailiffs?

You can find out from the enforcement proceedings what the fine is for. Note that on the FSSP website it is not always possible to understand the reason for issuing a decision on the occurrence of penalties, but in most cases the information is more or less clear.

To obtain the data, you need to go to the “Bank of Enforcement Proceedings” section of the Federal Collection Service website and fill in the fields that appear. The service will issue a certificate of status as of the date the request was entered.

Let's look at the search process using an example:

• go to the fssprus website;
• select the required section;
• select the search region (for example, Amur region);
• enter your first and last name (for example, Tkachenko Alexander). In this window, you can also enter your middle name and date of birth for greater detail.

After processing the request, a block of information appears:

• Full name of the debtor;
• case number;
• IP number;
• subject of debt (transport tax, utility debt, other property penalties, insurance premiums, loan debts, etc.).

Instructions

IP database

Check the data on the enforcement proceedings database , Any citizen can. It contains information on all court decisions, except criminal cases. The data in the service is provided systematically, because one of the important elements of the search process is the specification of the region.

The database is constantly updated. Data about started cases is immediately entered into the system, since public information should be available for review on the Internet.

The person found out that enforcement action had been taken against him. In the first minutes he does not know what to do. He realizes that he needs to deal with the issue of payment or cancellation of the fine. The main idea is this: how to find a bailiff for enforcement proceedings?

The citizen understands that it is possible to learn in detail about the reason for imposing a fine and how to resolve the issue (payment or release from liability) only in case of personal appeal. That is why knowing the personal information of the bailiff is not a whim, but a necessity.

It’s quite possible to find out the employee’s last name:

1. Go to the website fssprus.ru.
2. Select the section “Data Bank of Enforcement Proceedings”.
3. Fill out the dialog box that opens (region, full name of the applicant, date of birth).
4. Press the “Find” button.
5. Familiarize yourself with the information found (information about the bailiff will be in the far right column).

In this table the applicant will also specify:

• address of the FSSP bureau where the case was opened;
• the approximate reason for the debt;
• the exact amount of claims against him.

How can I find out about the progress of enforcement proceedings?

To obtain information about the progress of production actions in relation to a person, you must come to an appointment with the bailiff. It is also important to know that data will not be provided based on oral requests.

The person against whom the case has been initiated must write a statement and indicate:

• name of the territorial division of the FSSP;
• Applicant's full name, address and contact details;
• enforcement action number;
• debt repayment start date;
• the basis for its initiation;
• request and reasons for providing information on the progress of enforcement actions;
• date of application.

Conclusion

The article addresses the following issues:

1. The procedure for obtaining information about whether a forced penalty has been initiated against a person.
2. How to find out the court decision number.
3. The procedure for obtaining materials on the progress of enforcement actions.
4. How to find out the reason for sanctions.
5. Other legal aspects.

If you have questions about the topic of the article, ask them in the comments or to the site’s lawyer on duty. Also call the numbers provided. We will definitely answer and help.

2 comments

Categories

• is the Federal Bailiff Service (FSSP. Activities regulated by presidential decrees, acts of the Government of the Russian Federation, the Ministry of Justice, judicial authorities and Federal laws. ARTICLE CONTENTS: Basic provisions Initiation of enforcement proceedings Enforcement measures Restriction of travel Inventory and seizure of property Restriction on registration actions Income , which cannot be levied Completion or suspension of proceedings Payment of debt Frequent causes of debt Conclusion In particular, Federal Law 229, which came into force on October 2, 2007, regulates: conditions for initiating proceedings (a set of measures aimed at forcing the defendant to fulfill the requirement of the law ; types of documents giving the right to a BSC official to carry out compulsory actions and measures; requirements for registration; deadlines for presentation; reasons for suspension or termination of enforcement actions; rights and obligations of the parties, BSC officials; collection process (seizure of property, seizure, sale, freezing of accounts, withholding from income; rules for notifying the parties about the beginning and progress of enforcement proceedings; purpose and amount of the monetary fee for the defendant’s evasion of execution of the decision; deadlines, filing procedure, form of complaint against the actions of the bailiff . Basic provisions The main provisions of Federal Law 229 are indicated in the first chapter. Article 5 of the law defines the Bailiff Service as the body entrusted with the enforcement of court decisions and acts of government agencies. Bailiffs are officials of the Bailiff Service, called upon to carry out enforcement actions and measures. Their work should be based on the principles (Article 4: humanity (respect for a person’s personality; reasonableness (the debtor cannot be deprived of the latter); timely execution of enforcement actions; compliance with the law. According to Article 6, the bailiff’s requirements are subject to mandatory execution by all citizens of the Russian Federation and local self-government bodies. Otherwise, violators may be held liable. Officials will have the right to apply coercive measures, the list of which is specified in Chapter 7 of Federal Law 229. The law imposes on the FSSP the obligation to create and maintain a data bank (6.1 Federal Law. Information about open proceedings (date, number, claimant, debtor, claim, amount, must be publicly available. Currently, the information is publicly available on the official website of the SSP. Initiation of enforcement proceedings. To initiate the mechanism of enforcement proceedings, the claimant should contact the SSP at the location of the defendant or his property, write a statement, attach an executive document (30 Federal Law. A writ of execution is an official document on the basis of which the bailiff has the right to begin implementing compulsory measures. Chapter 2 defines the rules of execution and types of such documents. Art. 12 indicates 11 types of documents. In particular, these include: writs of execution issued by the court of first instance, the arbitration body, after decisions and acts enter into legal force; court orders; alimony agreements, copies certified by a notary; labor commission certificates; acts of the Pension Fund and the Social Insurance Fund; acts, decisions of other government bodies, officials (State Traffic Safety Inspectorate, tax service. The claimant can send documents through the court office. In this case, there is no need to write an application (30 clause 5 of the Federal Law. Documents received by the FSSP are transferred to the official within three days, who will engage in collection. Within three days, the bailiff must study the documentation and make a decision. Whether to initiate a case or not. Refusal is possible for the reasons given in Article 31: the address of the SSP is incorrectly determined; there is no application or signature of the collector; the petition to initiate is written unclearly, with errors, without indicating the details of the court that issued the decision; the execution of the writ of execution does not comply with the requirements of Article 13; the time allowed by law for filing the document has expired. The official issues a resolution to initiate proceedings, which is communicated to all parties. The document is drawn up in accordance with the instructions of Art. 14 Federal Law It must contain: details of the joint venture company; full name, full name, position of the bailiff who opened the case; date of the decision; production number; reasons for agitation; solution; appeal procedure. But most importantly, the resolution determines the time for the defendant to independently, without coercion, fulfill the court’s requirement. If he does not do this voluntarily within the prescribed period, the bailiff will impose an enforcement fee and begin to take compulsory actions and measures regulated by Chapter 7 of the Federal Law. Enforcement measures The main tools used by the BSC are enforcement measures and actions. Measures are actions taken by an official. As a result, the requirements of the court or government body are fulfilled. According to Art. 68 Federal Law these include: foreclosure on income, accounts of the defendant; arrest, seizure of property; forced eviction; deprivation of rights to property, re-registration to the claimant. The bailiff has the right to apply enforcement measures if two conditions are met: Proceedings have been initiated. The time given to the defendant to voluntarily comply with the decision has expired. Enforcement actions are measures by which the claimant will create conditions that will force the defendant to satisfy the court's demand and make it possible to apply enforcement measures (64 clause 1 of the Federal Law. Enforcement actions are: request, obtaining personal information about the defendant and financial condition; search for a citizen and his property ; restriction of the right to drive a vehicle; temporary ban on leaving the country. Restriction of exit The debtor will temporarily not be able to leave the country if proceedings have been opened against him (67 Federal Laws on: alimony debt, compensation for moral, property damage, harm to health in the amount of more than 10 thousand. rubles; an unfulfilled demand of a non-property nature; an outstanding debt in the amount of more than 30 thousand rubles. If the money is not paid within two months after the end of the period given for voluntary fulfillment of the demand, a person will not be able to leave the country with a debt of 10 thousand rubles (67 clause 2 of the Federal Law. Inventory and seizure of property Seizure of property should be understood as the deprivation of the debtor of the right to dispose or use it (80 Federal Law. The right to dispose means that the property remains with the owner. However, the debtor will not be able to sell, donate or in any other way change the legal fate of the seized property. the option of arrest is applied as an interim measure. It can be imposed immediately upon initiation of proceedings, without waiting for the end of the period given for the voluntary execution of a court decision (80 clause 1 of the Federal Law. When the debtor is deprived of the right to use property, the arrested property is confiscated from the owner and transferred to storage . Subsequently sold at auction or transferred to the claimant. In this case, the arrest occurs in the presence of two witnesses, an act is drawn up, an inventory of the property is drawn up. The procedures for seizure, inventory, assessment, transfer for storage and sale are regulated by Articles 84, 85, 86, 87 and Chapter 9 of the Federal Law, respectively. Seizure is not imposed on property if the amount under the writ of execution is less than 3 thousand rubles. (80 clause 1.1 of the Federal Law. According to Article 69 of the Federal Law 229, first of all, the arrest is imposed on the debtor’s money and accounts. And only when it becomes clear that they are insufficient to repay the debt, the bailiff has the right to seize the property (69 clause 3. In addition, the value of the seized property must be proportionate to the requirements (69 clause 2 of the Federal Law. An official, for example, does not have the right to seize a car for an unpaid traffic fine. But to impose a ban on the debtor’s right to dispose completely. Restriction on registration actions A person who refuses to voluntarily fulfill the requirement of the writ of execution will not be able to sell, donate, or inherit the seized property. The bailiff will send a notice of seizure to the advising authorities, providing a guarantee of execution of the court decision or act of a government body. Income that cannot be foreclosed The debtor's cash receipts, which the bailiff does not have the right to foreclose on, are defined in Section 101 of the Federal Law. In total, the law lists 21 types of income that are not subject to withholding. These include: compensation for harm to health, loss of a breadwinner; compensation for persons affected by radiation and man-made accidents; medication allowance; social benefits for funeral. Termination or suspension of proceedings Art. 40 of the Federal Law lists the grounds on which the bailiff must fully or partially suspend the implementation of enforcement actions. These include: death of the debtor, recognition as missing; loss of legal capacity; the defaulter undergoes bankruptcy proceedings; acceptance by the court of a statement of claim for a deferment or installment payment of the enforcement fee; long-term inpatient treatment; petition of a debtor serving in the army. Completion of enforcement proceedings occurs when the reasons specified in Art. 46, 47 Federal Law. For example, if the bailiff finds out that the debtor has nothing to collect or seize, the case will be closed, according to Art. 46 clause 4. The document will be returned to the claimant. However, after six months, he has the right to re-initiate proceedings. The term of the writ of execution will begin to be calculated anew. The proceedings will be completed if: the debtor satisfies the judgment; the court will request the return of the writ of execution; recognition of the debtor as financially insolvent; The court decision has expired. Debt payment The law gives 2 months. to carry out enforcement actions (36 Federal Laws. During this period, the official must collect the debt, force the fulfillment of the requirement imposed by law. If the court decision specifies a different time interval, the official is obliged to comply with it. The Federal Law provides for a period for the voluntary execution by the debtor of the court decision ( no more than 5 days... Upon completion, in case of non-compliance with the decision, the bailiff, in accordance with Art. 112 of the Federal Law, will assign a monetary penalty to the violator (7%, but not less than 1 thousand rubles. Frequent causes of debt Statistics show that most often the basis for opening proceedings are credit debts. According to VTsIOM, in 2018, 57% of Russian citizens had outstanding debt to financial organizations. Over the past eight years, this figure has doubled, experts from the Social Survey Research Institute report. The second most common reason is alimony debts. According to the FSPP, in 2018 the number of alimony defaulters increased by 60% and amounted to more than 800 thousand people. Total the amount of alimony debt is considerable - 100 billion rubles. Russian traffic police drivers owe almost five times less. In 2017, the debt of motorists in fines reached 21.6 billion rubles. Conclusion Federal Law 229 has been amended many times since its publication. Only in 2018 this was done three times.The latter will come into force on July 31, 2018. They will affect Article 6.1 and Art. 13. Deadlines for sending information to the State Information System will be established. The requirements for executive documents have been changed. If you have questions about the topic of the article, ask them in the comments or to the site’s lawyer on duty. Also call the numbers provided. We will definitely answer and help. ">Enforcement proceedings
• - this is a legal document drawn up in accordance with the requirements specified in Art. 13 FZ-229, containing information about the claim made by the plaintiff and the order to the bailiff to begin collection. CONTENTS OF THE ARTICLE: Concepts and types of enforcement documents Writ of execution Court order Alimony agreement certified by a notary Certification of the labor commission Acts of regulatory authorities Decree of the bailiff Executive inscription of a notary What other enforcement documents are there and what unites them? What should be contained in the document Based on the document, the bailiff initiates enforcement proceedings and begins to take a number of measures and actions against the debtor. Concepts and types of executive documents Types of executive documents are regulated by Article 12 229 - Federal Law. These include: Judicial acts, including administrative violations, court orders issued on their basis, writs of execution. Notarized agreement (agreement or copy on the payment of alimony, between the person who is obliged to pay them and the one who has the right to receive alimony maintenance. Certificate of the decision of the labor dispute commission. Acts of the Pension Fund of the Russian Federation and the Social Insurance Fund on the collection of funds from an individual debtor entrepreneur. Resolution of a bailiff service officer. Notary's writ of execution. Acts of tax, customs and other regulatory authorities with the obligatory attachment of documents containing marks from banking and credit organizations in which the debtor has an account, indicating that funds have been fully or partially withheld. Writ of execution Writ of execution (IL - issued on the basis of a judicial act or order, which the plaintiff (claimant) receives after the court decision enters into legal force. As a rule, this period is no more than 10 days. This is the time allotted by law for appealing a court decision. In some cases requiring immediate execution, IL is issued immediately after the decision is made (Federal Law 138 Civil Procedure Code 428. IP can be presented within 3 years from the date of receipt (Article 21, paragraph 1 No. 229; for administrative violations, the period for presentation is 2 years (21 paragraph 1, No. 229). The claimant can restore the missed period for presentation by filing a corresponding application with the court the authority that originally issued it, indicating a valid reason for the omission and confirming it with documents (Civil Procedure Code 432, 23 FZ-229. In case of loss of the IL, the claimant may apply to the court for the issuance of a duplicate. The court will accept the petition for consideration if the deadline for presentation has not yet expired (Civil Procedure Code of the Russian Federation 430 clause 1. Within 10 days the application will be considered and a decision will be made. All interested parties will be notified of the time and place of the meeting. Failure to appear will not be a reason to consider the decision made illegal . During the trial, evidence and circumstances of the loss of the document are considered. The court's refusal to issue a duplicate can be appealed within the period established by law (430 Code of Civil Procedure of the Russian Federation, paragraph 4. It should be noted that the IL is not a writ of execution if issued before the court decision enters into legal force (Federal Law 138 Code of Civil Procedure, Article 428 clause 4. If it is drawn up with errors and inaccuracies, for example, the debtor’s passport details are incorrectly indicated, one of the parties may go to court to invalidate the conclusion, which will entail the suspension of the enforcement case until a decision is made on this issue Court order An order is issued if the amount or value of the property to be recovered is no more than 500 thousand rubles. A court order is an ID. (Civil Procedure Code of the Russian Federation 121. The collector can independently apply to a banking or credit organization with an application to withhold funds from the debtor’s accounts and transfer them to the current account using the specified details (Article 8, paragraph 1 No. 229. If the plaintiff prefers another method of collection, then contact the bailiff service, possibly within 3 years from the date the verdict comes into force. If the court order relates to periodic payments, then presentation is possible during the entire period during which payments must be made. For example, an order received, with the requirement to withhold funds for alimony will be relevant until the child turns 18 years old and for another 3 years after that. Alimony agreement, certified by a notary. An agreement concluded in writing, accordingly, between the person paying alimony and the person entitled to receive it, is an executive document if notarized. In case of incapacity of one of the citizens, the contract is concluded by the legal representative. An agreement on alimony is a voluntary agreement of both parties, which stipulates the amount of the amount to be paid, the terms and method of payment (99 RF IC. The law provides for the possibility of replacing money with property, changing, terminating with the mutual consent of the parties. The agreement can also be terminated in court if the interests of a minor or incompetent adult child (102.103 RF IC. An agreement signed by both participants, but not notarized, is not an executive document and cannot be presented to initiate enforcement proceedings. Certificate of the labor commission If questions arise related to the collection of wages, payment of overtime work, reimbursement of travel expenses, an employee, if it is impossible to independently resolve the conflict situation, applies for permission to the labor dispute commission, which is created on their own initiative by the members of the team of the enterprise or organization ( Article 384 of the Labor Code. The decision taken by the commission comes into force 10 days later, unless appealed by management, and must be satisfied within the next three days after that. If, after the expiration of the time established by law (13 days, the requirement is not met, the employee within within one month, you should receive a labor commission certificate in order to then assert your rights with the help of a bailiff. You can contact an FSSP employee within 3 months from the date of receipt of the certificate (389 Labor Code of the Russian Federation. Violated deadlines for obtaining a document or contacting a bailiff can be restored by the labor commission by employee’s statement indicating a valid reason for absence. Acts of regulatory authorities If an individual entrepreneur fails to pay tax fees, fines for late submission of reports and penalties, the Pension Fund (PFR and Social Insurance Fund (FSS) draws up a corresponding act on the forced collection of funds from a person engaged in entrepreneurial activity and sends it to the bailiff service. If In this case, if an entrepreneur can carry out activities without opening a current account, then to initiate enforcement proceedings it is not necessary to attach marks from credit and banking organizations.At the same time, if the acts are drawn up by other regulatory authorities (tax, customs or other authorities listed in Chapter 23 of the Code of Administrative Offenses must be attached to the acts. Resolution of the bailiff In some cases, the bailiff initiates the initiation of enforcement proceedings on his own. For example, after a change in circumstances, as a result of which the proceedings were suspended (completion of military service, discharge of the debtor from the hospital or other reasons specified in Art. 40. In the event of termination of proceedings for the collection of alimony under Art. 43 part 2 clause 9 No. 229, the decision is made by the bailiff to reimburse the debtor for enforcement costs. Executive inscription of a notary Executive inscription of a notary (IN is placed on a pledge agreement, a loan agreement, except for microfinance organizations, if it contains an additional agreement on the possibility of collecting money under the notary’s executive signature, in case of violation of the terms of one of the parties (Fundamentals of the Law on Notaries of the Russian Federation, Art. 90 The notary puts the inscription itself on a copy of the document that establishes the debt, and makes a mark on the original (Article 89 Law on Notaries. Within three days, the notice is sent to the debtor. The writ of execution is placed at the request of the claimant upon providing the notary with all documents and a copy of the notice confirming the sending data debtor at least 14 days before contacting a notary. Within three years from the date of receipt of the identification number and one year, if the debtor is not a civilian, it can be presented for enforcement measures and actions by a bailiff. What other executive documents and What unites them? Closing documents are not always of a property nature and entail the collection of funds or seizure of property. In some cases, they are related to the reinstatement of an illegally dismissed employee at work, the relocation of the plaintiff, the transfer of a child to one of the parents, or the demolition of an unauthorized building. But at their core, all enforcement documents have one common characteristic: they contain a requirement instructing the bailiff to apply measures and actions of a compulsory nature to the defendant specified in the document. The characterization of the concept of ID is based on the forced method of fulfilling the requirements contained in the requirement. Therefore, warnings, decisions on the imposition of a fine paid on the spot, on administrative arrest or deprivation of a special right (the right to drive a vehicle) do not fall within the definition of a document, since they do not order the official to carry out compulsory measures. What should be contained in the document It is important so that the ID is issued in accordance with the established rules, where the data is clearly stated: name and address of the authority that issued it; position and full name of the official; data on the case materials on the basis on which it was issued; date of entry into legal force ; information about the claimant and the debtor; details by which the collected funds are transferred; the demand itself; other information, in accordance with Article 13 of Federal Law 229. The document is signed by officials and certified with a seal, in the case of a judicial act - with a stamp. The bailiff may not open enforcement proceedings if the ID is drawn up with errors and inaccuracies, as this may make it difficult to fulfill this requirement. For example, if the debtor’s last name is written illegibly or the details for the transfer are not indicated. It should be noted that a bailiff is a person acting only on the basis of a document and within the framework of the law. If the debtor or claimant disagrees with the amount specified in the demand, the authority that issued the ID should be contacted. The bailiff can only change the amount of the enforcement fee, reducing it at his discretion to 1 thousand rubles. ">Executive documents
• The FSSP database contains information; all databases are updated weekly. Bailiff service - find out the debt ARTICLE CONTENT: Enforcement proceedings By last name and first name Check by number By decree Official website of bailiffs Database of enforcement proceedings of bailiffs Ban on registration of a car by bailiffs Information systems of bailiffs Conclusion If enforcement proceedings have been opened against a citizen, then judicial Bailiffs may restrict some of the debtor's rights until he pays off the existing debt. Therefore, if you are going abroad, want to get a loan from a bank, sell a car or make another financial transaction, it would be useful to find out about problems with bailiffs, so as not to subsequently encounter bailiffs blocking your travel abroad or the sale of a personal car. Checking your debts is a mandatory procedure if you plan to: travel abroad, it doesn’t matter - for a week on a tourist trip or for permanent residence; take a loan from a bank; sell a car or real estate; enter into a financial transaction. Even if you are not planning any of the above actions, it is better to periodically check your debts to insure against unpleasant consequences. Enforcement proceedings After the court has made a decision in favor of the plaintiff, he receives a writ of execution: a document that obliges the defendant to comply with the court decision, and the bailiffs to open an individual entrepreneur. A case can be opened if the debtor does not pay: utility bills; alimony; money awarded for payment in a civil claim; fines; loans, loans and advances. If you have received a writ of execution indicating the case number, you need to find out detailed information about methods of debt repayment, sanctions due to late payment, etc. For those who, for a number of reasons, cannot visit the department, the FSSP of the Russian Federation has launched an open database, with which you can not only find out about the enforcement proceedings of bailiffs, its presence or absence, but also pay the debt in the online system. By last name and first name The easiest way to find out debts from bailiffs by last name and first name is on the FSSP website; to do this, you need to fill out a special form, indicating the last name, first name, date of birth in certain fields and click on the “Search” button. We enter the data We enter the code from the picture We get the result The system will provide information about the current overdue status for the requested person or, if there is no open individual entrepreneur, it will notify that there is no debt. You can check the data on the enforcement case in several ways: on the official website of the FSSP; in the bailiff department at the place of registration; leaving a debt verification application on the website. The first method is the fastest, you don’t need to go anywhere or wait for an official response, all you need is an Internet connection. The debtor will not only find out if he has problems, but can also open a resolution, find out the case number, and, if necessary, contact the bailiff directly to clarify details or ways to repay the debt. Check by number Since notifications of commenced proceedings have a unique numbering, the open enforcement protocol on the bailiffs portal can be found by number. In order to check the status of production, the user needs to: go to the official website of the FSSP of their region; click on the “Data Bank” option; select the third option “By IP number”; enter the number specified in the notification in the field that opens and click on the “Search” button. A table will appear in the window that opens, where, if the proceedings have not yet been completed, the user will find the following data: Name of the judicial authority, its address. Date of issue and document number. Amount and payment period. The remaining steps are identical to checking by full name. According to the resolution, one of the most common types of debt is non-payment of fines for traffic violations, for which, in case of violation of payment terms, administrative liability is provided. A driver who fails to pay a fine on time may have his or her driving privileges restricted. The field of activity of the FSSP is the conduct of enforcement proceedings for the collection of unpaid fines at the expense of the debtor’s income. If a fine for violating traffic rules is not paid on time, the decision to collect the fine is sent to the bailiff service, in turn, the FSSP opens proceedings and sends a copy of the decision to the debtor. When the defendant receives a decision to impose an administrative fine, he can find out the debt from the bailiffs by the decision number indicated in the mail. To do this, on the FSSP resource you need to find the “By resolution” tab, enter the unique document number in the field that opens and click the “Search” button, after a while all the information on the required fine will be displayed on the monitor. Such a check should be carried out no earlier than eighty days after the violation is recorded. This rule is explained by the fact that sixty days are given for timely payment of the fine, plus ten days to appeal the decision, plus another ten - time to guarantee payment and record it in the database if the violator managed to pay the fine on the last day of the period established by law . Only after the deadline has passed, if information about payment has not been received, the database of unpaid fines is transferred from the traffic police to the FSSP. Official website of bailiffs Nowadays, with access to the Internet, it is easy to obtain any information. Data on non-payments according to court documents is no exception. To facilitate the search, as well as to encourage citizens to pay their debts on time, the official website of the FSSP of Russia has been created, which provides such data in the public domain. On www.fssprus ru it is not difficult to find out your debt by name, writ of execution number or resolution. There is a standard form that will allow the user to find out whether he has unpaid debts and their current status. Using the services of the online platform is easy; you only need to enter your last name, first name and patronymic, or the resolution number. However, in order for the required information to be displayed correctly, it is necessary to fill out all fields without errors, especially when entering a multi-digit decree number, since if there is an error of just one digit, the system will either not find the necessary information at all, or will display it incorrectly. Database of enforcement proceedings of bailiffs Recently, the FSSP has posted on its official website an electronic database of enforcement proceedings, using which you can find out the debt or make sure that it does not exist in real time (online. To find out about the presence or absence of collections, just go to the website of the bailiffs bailiffs and find out the data in the “Information Systems” section, where you can find the “Data Bank of Enforcement Proceedings". The page that opens contains tabs: search for individuals by last name; search for legal entities by TIN and OGRN; search for individual entrepreneurs by TIN and OGRNIP. Let's take a closer look at what is a database of enforcement proceedings with bailiffs. This includes only cases in which the court has made an unconditional decision on the payment of debts, among them may be: Collection of alimony if one of the parents evades payment. Court decisions on claims of creditors. Decisions on violations of traffic rules for which the fine was not paid on time. On the website, in addition to confirming the existing debt, you can find information about its structure and type: whether it is a forgotten and unpaid fine, debts for utility bills, underpaid taxes or something else, and the amount of debt that needs to be repaid. Also, the debtor can pay his debt online Information on open individual entrepreneurs is presented in full, that is, all cases that are opened are necessarily entered into the bailiff database, where everyone can find out their debt. Ban on vehicle registration by bailiffs. A ban on vehicle registration is used in situations where proceedings are opened against the owner of the car. After a decision is made to take restrictive measures, the traffic police are notified; in these cases, state inspectors do not have the right to re-register the car until the ban is lifted. The ban will not be lifted until all debt obligations are eliminated. Lawyers recommend checking debts with bailiffs before the buyer gives money for the purchased car to its former owner, especially if the seller offers to buy the vehicle under a general power of attorney, and in no case agree to such a transaction if it turns out that re-registration car is banned. The ban is lifted by the same body that imposed it, and if the car has several bans on different debt obligations, then there should be as many decisions on lifting bans as on imposing them. Information systems of bailiffs Information systems of the FSSP make it possible to obtain real-time information about the absence or presence of debts, their size, and after fulfilling obligations, monitor the update of materials without leaving home. Just go to the FSSP website, select the region and search option, and you will be able to look up debts from bailiffs by last name and first name, pay them online, or find a notice about the bailiff. But the FSSP website is not the only source of such information. You can install the application on your smartphone and, by setting up automatic sending of notifications, receive timely information about debts and their repayment. You can also use the application on the social networks Vkontakte and Odnoklassniki, where there is a list of bailiff debtors. Conclusion Summarizing the above, we can conclude: no one is immune from troubles, someone does not pay off debts intentionally, someone accidentally finds out that somewhere and at some time a fine was imposed on him, someone was left with a small amount unpaid loan, which, due to penalties and interest, grew to a rather impressive amount. You shouldn’t hide from these debts; the bailiffs will still find the debtor sooner or later, and this can happen at the most inopportune moment. The article talks about how you can find out the debt from bailiffs; this information, if applied, will help to avoid problems in the future. ">How to find out your debt
• 938-40-59 St. Petersburg: +7 (812 467-39-61 When applied) Article 68 of Federal Law No. 229 “On Enforcement Proceedings” specifies the list of individual measures to implement the court ruling. However, with all available options, repayment of the debt amount comes from the income of the guilty citizen. In the absence of funds from the defendant, bailiffs receive the right to recover property. In this case, the use of the powers of the responsible persons occurs within the framework of the seizure of the relevant objects and subsequent sale at auction - the proceeds are used to pay the debt. Procedure Each stage of the forced process collection is characterized by individual characteristics - in some situations, individual positions can be omitted, in others, new ones can be added. The standard sequence is expressed in the following stages: Preparation by the plaintiff of documents, according to which the court will establish the presence of debt obligations with the defendant. Identification of claims and demands to the debtor - implementation of pre-trial the procedure for influencing the actions of the offender. Drawing up and submitting a statement of claim with a package of establishing documentation to the court. Taking part in legal proceedings. Obtaining the appropriate court order. Sending a writ of execution to bailiffs to implement collection measures. The law also provides for the right to submit the sheet directly to the bank where the debtor has open accounts - after this, the financial institution is obliged to take measures to calculate the funds in the prescribed manner. Each dictionary gives its own definition of the concept of “collection” - in most cases, the difference in characteristics lies in the scope of use of the definition. In a general sense, punishment involves imposing punishment on persons who, by their actions, have violated the norms established by law. In this case, the scope of application is not important - labor, criminal, administrative or other. In any consideration, it is important for an unscrupulous citizen to understand that the implementation of this instrument involves additional difficulties and possible costs for him. Disciplinary action In accordance with the provisions of Art. 192 of the Labor Code of the Russian Federation, a disciplinary sanction is understood as a penalty that is implemented by the employer against an employee for committing a disciplinary offense, namely: for improper performance or neglect of assigned duties. This is a punishment for poor performance of official functions. Additionally, legal scholars use other definitions: the measure of responsibility for non-compliance with labor discipline requirements; liability for violation of the norms of the Labor Code of the Russian Federation; consequences after the implementation of illegal activities or inactions, as a result of which harm is caused to another participant in the labor relationship. Collection of this kind is characterized by some specifics that distinguish it from other types of liability. Two features are generally recognized. The first is the basis for punishment - non-compliance with the provisions of labor legislation. The second determines the independence of the employer in making a decision on the misconduct - this does not require the involvement of third-party authorized structures. Disciplinary sanctions can be of a general type, when responsibility is established by the positions of the Labor Code of the Russian Federation and the requirements of internal regulations, and special, in which punishment is imposed in relation to certain professions and categories of citizens on the basis of relevant establishing documents. Application The basis for applying a disciplinary sanction is a disciplinary offense, which can be the following types of situations: non-compliance with the daily routine - absenteeism and systematic tardiness; violation of safety standards - the employee’s actions led to a risk to the health and life of all personnel and individual representatives; deterioration in the efficiency of individual services and the enterprise as a whole - failure to comply with orders from direct management; damage to the employer's property. In addition to “objective” and obvious violations, penalties can be used if the actions of a citizen in one way or another affect the morality of the team - contributing to the emergence of disputes and conflict situations. Stages of disciplinary proceedings The implementation of disciplinary action is carried out in the following stages: Initially, the employer invites the culprit to give a written explanation of the situation with the violation. If the employee refuses, after two working days an act is drawn up indicating: Full name, position of the originator and the violator; a situation with alleged violations of labor standards (the employee’s refusal to give an explanation is noted; clarification with clarification of the violated provisions of the law or relevant acts. After this, the employer requests from the employee’s immediate supervisor documents confirming the fact of the misconduct, and the penalty for such a situation. After considering the materials received on the fact of ignoring the norms of the Labor Code of the Russian Federation and the internal regulations of the enterprise, the employer makes a decision on the guilt of the citizen. Additionally, the severity of the offender’s actions, the consequences of the offense committed, as well as circumstances that can be used as positions that contribute to mitigating penalties are taken into account. The employer expresses the chosen instrument of disciplinary action by issuing an appropriate order. The order is provided to the employee for review within three days from the date of publication. If he does not want to sign the order, then in addition it will be necessary to draw up a special act that clarifies the employee’s decision. Disciplinary proceedings are characterized by specific procedural periods: one month and six months. The penalty cannot be used if more than a month has passed from the date of discovery of the offense. At the same time, this time period does not include the length of time the employee is on sick leave or on vacation, as well as the time required to identify the opinion of the trade union, if it is considered mandatory under labor legislation. After six months, the employee’s actions cannot be considered from the perspective of disciplinary liability. However, certain exceptions are provided. If, during an audit or inspection of financial and economic activities, violations are discovered, the period during which a penalty may be imposed increases to 24 months. Additionally: when calculating the term, criminal proceedings are not taken into account. For the same disciplinary offense, an employee may be subject to one disciplinary sanction. However, this statement does not exclude the appointment of administrative or criminal measures. ">Forced collection
• . Chapter 3 of Federal Law 229 determines the procedure for calculation, completion, restoration, suspension, extension, interruption of deadlines and the consequences of omission. Calculation According to Art. 15 clause 2 of Federal Law 229, the period in enforcement proceedings is measured in days, months, years. Non-working days specified in Art. 112, 111 TK are not taken into account. For example, the period for voluntary execution will increase if there is a holiday or day off (Sunday. The periods are determined not only by the period of time. In some cases they are established: On a specific calendar date. For example, the defendant must take specific actions by May 20, 2018 (vacate illegally occupied housing , liquidate an unauthorized building. At the time of the occurrence of a certain event. For example, enforcement actions are suspended until the debtor’s full recovery or demobilization from military service. The countdown begins the next day from the calendar date or from the moment the event occurs (15 clause 3. For example, if a person received a decree on May 20, the time for voluntary execution (5 days will begin to count from the next day, that is, May 21 and end on the 25th. End The end depends on the method of calculation. If the count is made in years, then the period must end on the appropriate date of the last established year (16 clause 1 of Federal Law 229. If counted in days - on the last (16 p. 3. An exception is when the last day is a non-working day. In this case, the end will occur on the next working day. The period measured in months ends on the same calendar date of the last month of the established period (16 p. 2. There are situations when there is no such date in the last month. For example, the bailiff must involve a specialist in the assessment within one month from the moment the property is discovered (85 Federal Law 229. If the date of discovery of the property turns out to be January 31, then in the next month - February of that date will not turn out to be. In such situations, the law prescribes that the end date be considered the last day of the established month. In this example, it is February 28 or 29 (depending on the year. It should be noted that the time is not considered to have expired if the necessary actions were completed before 24 hours (16 p.m. 6. For example, the period for appealing the collection process ends on the 23rd. If the applicant files a complaint on the 23rd before midnight, then time will not be lost. A superior person or authority must accept the document, review and make an appropriate decision. Skipping and reinstatement Failure to comply with deadlines entails liability and does not exempt you from fulfilling the requirement (17:00). 1 . For example, if the defendant does not want to voluntarily vacate the occupied living space within the period established by the resolution, the bailiff will impose a monetary penalty and forcibly evict the irresponsible citizen (18 clause 1 of Federal Law 229. It is important to comply with the deadline when filing a complaint against the FSSP. If you miss the time specified in Article 122 of Federal Law 229, the document will be returned to the applicant and no action will be taken (17 clause 2. However, if there is a good reason for missing the deadline, the deadline can be restored. To do this, the applicant, along with the complaint, must submit a corresponding petition (18 clause 1. The superior person to whom the petition, has the right to refuse the request if it considers that the basis for the omission is unimportant circumstances. In this case, the applicant will receive a copy of the refusal decision, which the SSP must send the next day after the decision is made (18 clause 3. The refusal can be appealed in court ( Art. 126. It should be taken into account that the appeal takes place in the order of subordination determined by Art. 123 Federal Law 229. As a rule, for greater efficiency, a citizen filing a complaint simultaneously with a similar application goes to court. If the court proceeds with the case, the time for studying the complaint in the SSP will be suspended. The processing time for an application sent to the FSSP by mail or electronically through the official website of the service will be about 33 days. Three days are given for mandatory centralized registration, which is carried out by the Office of Records Management in accordance with instruction No. 682 of October 10, 2010. It will take 30 days to consider the appeal itself (12 No. 59-FZ. In special cases, this period can be increased, up to 30. The applicant will be notified of the extension. Time limit for initiating enforcement proceedings The procedure for initiating proceedings should not take more than seven days. Three days are allotted to transfer the application and documents from the office of the SPP to the bailiff (30 clause 7 of Federal Law 229. The same amount for the official to study the received materials and issue a decision to refuse or start proceedings (30 clause 8 of Federal Law 229. Weekends and holidays are not taken into account, therefore the total time to initiate proceedings will increase by one day (a total of seven. The period will be reduced to one day if the executive document (ID) prescribes immediate execution. In this case, the application and case materials are immediately submitted to the bailiff, who must accept the appropriate one within 24 hours solution. The period during which the debtor is forced to comply with ID requirements is two months. Exception: cases specified in Art. 36 clause 2-6.1 of Federal Law 229, the deadline is established in the ID. The calculation does not include situations defined in Art. 36 clause 7 (suspension, postponement of compulsory measures. Limitation period for enforcement proceedings The period during which the claimant has the right to present the ID for forced execution of the contained requirements. ID with a limitation period of three years includes: writs of execution issued by judicial authorities (calculated from dates of entry into legal force of adopted decisions; court orders. Three months are given to present for collection: certificates of the labor dispute commission. Counting starts from the date of receipt of the document; writ of execution, whose missed deadline was restored by a decision of the arbitration court. Acts of regulatory authorities (tax, customs service, Pension Fund must be presented for forced collection within a six-month period from the date of issue (21 clause 6.1. or return from the bank (if there was not enough money in the defendant’s account to repay the debt. IDs for administrative violations are presented no later than two years from the date of entry into force. IDs for collecting periodic payments have the longest statute of limitations. It is possible to force the debtor to satisfy the requirement for such documents during the entire period when payments must be made and three years after expiration (21 clause 4 of the Federal Law. The countdown, as noted above, begins either from the moment of receipt of the document (labor commission certificate, or from the date of entry into force of a court decision or act. But this does not always happen. If the court postponed or extended the execution of the decision, the countdown should be carried out after the installment plan or deferment expires (21 clause 9. In addition, the period of ID can be calculated anew , and an unlimited number of times. According to Article 22 clause 1, its flow is interrupted when: the claimant has given a move to the ID; the debtor has partially begun to fulfill the demand. The time before the interruption is not counted and receives a new starting point (22 clause 2. If the bailiff completes the proceedings and returns the document to the claimant due to the impossibility of execution, the case can be reopened within three years from the date of return of the document. And do this an infinite number of times. Conclusion Knowing the deadlines in enforcement proceedings and understanding the consequences that arise in the event of a violation is useful for both parties to the case. This allows the debtor to minimize or avoid financial losses. The claimant must monitor the correctness of the actions of the FSSP employees and take the necessary measures in a timely manner to obtain the desired result. ">Time limits in enforcement proceedings