Application to the bailiffs about changing the details of the claimant. Complaint against a bailiff: sample drafting

from 31/12/2018

The section Applications to bailiffs is devoted to the issues of execution of court decisions by specially authorized state bodies. The legal basis for the examples of statements posted in this section can be found additionally in the “” section.

Enforcement proceedings begin with the receipt of a correctly completed application to initiate enforcement proceedings and the original writ of execution.

Statements to bailiffs regarding the implementation of enforcement actions

Simultaneously with the initiation of enforcement proceedings or directly during it, the claimant can significantly and legally limit the rights of the debtor. First of all, this is the right to freedom of movement. On the website you can familiarize yourself with the procedure for filing an application for restrictions on the debtor’s travel restrictions. Through the bailiff service, you can demand to organize a search for the debtor and his property, and to seize the property.

By the way, property can be seized not only on the basis of a writ of execution, but also upon a positive consideration by the court of an application to secure the claim.

Any action of the bailiff must be formalized by issuing a ruling. Therefore, the parties have the right to familiarize themselves with the materials of the enforcement proceedings and consider the need to file a complaint against the bailiff, which, if there are grounds, contributes to a faster execution of the court decision. If the example you need is not available on the website, you can use general information on the procedure for drawing up a petition to a bailiff or use the help of a lawyer by contacting the “legal consultation” section.

The procedure for considering an application to bailiffs

All applications to bailiffs must be in writing and submitted through the office of the service. The office employee is required to put a receipt mark on the second copy. Then the applicant will have grounds to demand, including through the court, to consider his application or appeal the inaction of the bailiff.

The processing time for applications to bailiffs varies. When calculating the deadline, do not forget that the office employee has 3 days to register the application received. The result of consideration of the application is formalized by issuing a resolution of the bailiff (except for cases of familiarization with the case, when the applicant makes a mark), about which a complaint can be filed with the senior bailiff or in court.

02.01.2019

An application to initiate enforcement proceedings is submitted to the bailiff along with the enforcement document (writ of execution or). It is at the request of the claimant that enforcement proceedings are initiated and the court order is enforced.

The application must be submitted to the bailiff department where the execution will take place. The place of execution of enforcement actions is:

for citizens - place of residence, place of stay or location of property, if the place of residence is unknown, then at the last known place of residence;
for legal entities - at the legal address, location of property or at the legal address of a representative office or branch;
if the writ of execution contains requirements obliging the debtor to perform certain actions, then the writ of execution is presented at the place where these actions were performed.

If it is difficult to determine the appropriate department of bailiffs, you can submit an application to the chief bailiff of a constituent entity of the Russian Federation.

The application can be submitted in person or through a representative with a power of attorney, and sent to the bailiff service by mail. In the application, you can ask the bailiff to take interim measures if they have not previously been taken by the court. The application must indicate in as much detail as possible all information about the debtor known to the collector (his place of residence, possible place of stay, place of work, his telephone numbers and other means of communication with him). The claimant may indicate information about the debtor’s property status and indicate the property that may be subject to foreclosure.

If several writs of execution have been issued based on one court decision (Article 429 of the Code of Civil Procedure of the Russian Federation), then a separate application to initiate enforcement proceedings is written for each debtor.

After the application is received by the bailiff service, it must be transferred to a specific bailiff within 3 days. In turn, the bailiff also has 3 days to initiate enforcement proceedings. If there are appropriate grounds, the bailiff may refuse to initiate enforcement proceedings.

The resolution to initiate enforcement proceedings establishes a period for the debtor to voluntarily comply with the requirements contained in the enforcement document; it is usually 5 days from the date the debtor receives a copy of the resolution. A copy of the resolution to initiate enforcement proceedings must be sent no later than 1 day to the claimant, the debtor and the court.

The decision to initiate enforcement proceedings can be appealed to the district court within 10 days from the date of issuance; a sample can be used to draw up a complaint. If a deadline is missed for good reasons, it can be reinstated by the court: .

IN _____________________________________

(name of the bailiff department)

from _____________________________________

(full name of the collector, address, telephone)

Application for initiation of enforcement proceedings

I ask you to accept for execution the writ of execution _________ (writ of execution or court order), issued by _________ (name of the court that issued the writ of execution) “___”_________ ____ in the case of _________ (indicate the name of the case; you can see the name in the header of the writ of execution) regarding debtor _________ (full name of the debtor, his place of residence or stay, telephone number, place of work), and initiate enforcement proceedings.

Previously, enforcement proceedings were not initiated under this executive document (if initiated, indicate when they were initiated, when they were completed and why, what enforcement actions were performed, how much money was collected, what property was transferred).

Additionally, I provide information known to me about the debtor and his property: _________ (indicate all known information about the debtor and his property that may help in the execution of the court order).

In order to ensure the fulfillment of the requirements contained in the executive document, simultaneously with the initiation of enforcement proceedings, it is necessary to resolve the issue of seizing the property of the debtor _________ (if information is available, list the property that should be seized), since the debtor may take measures to conceal his property .

Based on the above, guided by Article 30 of the Federal Law “On Enforcement Proceedings”,

Initiate enforcement proceedings.
Seize the debtor's property.

List of documents attached to the application:

Executive document
Documents containing information about the debtor, his property status and other information that may be important for the timely and complete fulfillment of the requirements of the writ of execution

Date of application “___”_________ ____ Signature _______

After the trial is completed, you will receive a writ of execution. It should be taken to the district bailiff department of the exact area in which the trial took place. In order for this document to be accepted without problems, you should write a specific application form.

At the top right you should indicate the name of the bailiff service, the details of the debtor (his name, address, taxpayer identification number if it is an organization) and the details of the collector (name, address). You can find out which district bailiff department you need on the website of the Federal Bailiff Service fssprus.ru. The more information is provided about the debtor, the more chances the bailiffs will have to contact him. In the application you can indicate a fax, telephone number, information about bank accounts, and other useful information about the debtor. In the text of the application itself, you must ask to accept the writ of execution indicating its number. You should describe your request in detail and be sure to justify it. You can start by indicating the date of the court hearing, the court decision (describe directly the amount with a breakdown: compensation for damage, refund of state fees, attorney fees, etc.). Also indicate the name of the debtor, his address and the name and address of the person in whose favor the decision was made. Write what documents you are attaching to the application (copy of the court decision, original executive decision, copy of the representative’s power of attorney, if necessary). It is important to indicate how many sheets of paper each document consists of. After describing all the necessary information, ask to collect the specified amount and transfer it to your account (of course, you should indicate the name of the bank, bank account number, all details). You can also receive a money order by mail, in which case you must provide a postal address. If you wish, you can state in your application a request to seize the debtor’s property and prohibit the debtor from leaving the country. At the very bottom you should put the date, surname, initials with a transcript, and signature. On our website you can download the following documents:

Applications will only be accepted in typewritten form. You need to print two copies of it. One of them is submitted to the office of the district bailiff department, and the second will remain with you. It is important that your copy is stamped with acceptance and signed. A bailiff will be appointed within 3 days. To understand all the intricacies of the ongoing process, you can familiarize yourself with Federal Law No. 229-FZ

02.01.2019

To obtain a writ of execution from the court, you must submit an application for the issuance of a writ of execution according to the provided sample.

A writ of execution is issued by the court after the decision enters into legal force. In general, submitting an application for the issuance of a writ of execution is not required; the court is obliged to issue it independently. If the execution of a court decision is planned through the bailiff service, you can write an application for the court to send a writ of execution to the bailiff.

How to draw up an application for the issuance of a writ of execution

In the application for a writ of execution, it is necessary to indicate the applicant’s data, details of the court decision and state a request for the issuance of a writ of execution or sending it to the bailiff service directly by the court.

If several persons were involved in the case, or the execution of the court decision will be carried out at several addresses, then it is necessary to file an application with the court for the issuance of several writs of execution.

If the writ of execution has already been issued, but was lost, is being sued

Issuance of a writ of execution

According to the Instructions for Office Work, a writ of execution must be issued no later than the next day after the court decision in the case comes into legal force. Accordingly, after submitting an application for the issuance of a writ of execution, you should receive it on the same day, or at most on the next business day, if it has not yet been issued.

In some cases, a writ of execution is issued immediately after a court decision is made. In this case, it is necessary to demand its issuance on this day. after the court's decision has been announced.

Writs of execution are immediately issued for the following applications:

- over the last 3 months

In other cases, the court order seeks immediate execution at the request of the plaintiff.

Note:
Application for immediate execution of a court decision

Form and form of the writ of execution

The writ of execution is issued according to the form of the writ of execution form established and approved by Decree of the Government of the Russian Federation No. 579 of July 31, 2008. The same regulatory act approved the rules for the production, storage and recording of writs of execution.

Forms of writs of execution are made on special paper with watermarks and protection against counterfeiting. Each form of the writ of execution has its own series and number, which are printed in the printing house.

Sample application for the issuance of a writ of execution

IN __________________________
(name of court)
Applicant: ___________________
(full name, address)

Application for issuance of a writ of execution

By the decision of _________ (name of the court) dated “___”_________ ____ in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) for _________ (indicate the nature of the recovery), the claims were satisfied (partially satisfied).

Execution of a court decision is possible only by force, since the defendant in the case does not want to execute the decision voluntarily (does not have the opportunity).

To enforce a court decision, it is necessary to issue a writ of execution. I will receive the writ of execution in my hands (it must be sent to the bailiff service) _________ (if it is necessary to issue several writs of execution by a court decision, indicate why writs of execution are needed in the required quantity, in accordance with the requirements of Article 429 of the Civil Procedure Code of the Russian Federation).

Based on the above, guided by Article 428 of the Code of Civil Procedure of the Russian Federation,

Ask:

Issue (one or more) writ of execution by court decision dated “___”_________ ____ in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant).

Send (one or more) a writ of execution according to the court decision dated “___”_________ ____ in a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) to the bailiff service for enforcement.

Date of application “___”_________ ____ Signature of the applicant: _______

Download a sample application:

The answer to 1 question is contained in Article 21 of the Federal Law “On Enforcement Proceedings”: 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 day the judicial act enters into legal force or the expiration of the period established when granting a deferment or installment plan for its execution.
The answer to question 2 is given in Article 22 of the same Federal Law: The period for presenting a writ of execution for execution is interrupted: 1) by the presentation of a writ of execution for execution; 2) partial execution of the writ of execution by the debtor. After the break, the period for presenting the writ of execution for execution is resumed. The time elapsed before the deadline is interrupted does not count towards the new deadline.

Now the defendant paid only half and got lost, in this case the writ of execution will become invalid after 3 years, is it possible to get a new one in return for another 3 years?

It will not be possible to obtain a new writ of execution. After the bailiff returns the writ of execution, you will need to submit it again within three years, if later, then you will miss the deadline. In general, after the return of the writ of execution, you can submit it the very next day, the enforcement proceedings will be initiated anew and will be carried out until they establish the impossibility of execution, this can be done ad infinitum.

Legal relations with debtors encourage creditors to file applications to initiate proceedings. The procedure consists of several stages, during which an appeal to the court and the bailiff service occurs. The applicant is given documents related to the case (sheet or order of the judge). The future fate of the debt depends on how competently the application is drawn up.

The procedure for collection under a writ of execution

The application for the purpose of enforcement (compulsory) proceedings is strictly in writing. The appeal is considered in the territorial department of bailiffs. It is important to remember that the document is submitted at the place of actual consideration of the case. Actions of bailiffs according to the writ of execution:

when applying from individuals - at the applicant’s place of residence, the location of the property, or at the place where the property was last discovered. In the latter case, the claimant will need to take measures to search for the debtor’s property;
when applying to organizations - at the legal address, location of the debt property or at the location of the subsidiary (branch);
for other requirements - at the place where the debtor’s actions were performed in relation to the creditors. These actions may be of a financial or other nature.

In particularly difficult cases, the applicant does not know which bailiff body to write an application to. Then it is advisable to send the documents and appeal to the chief bailiff of the constituent entity of the Russian Federation. But before that, you need to look at a sample petition to the bailiffs for a writ of execution (on our website).

In what cases do they write an application to the FSSP?

Before contacting the bailiff service, the interested person must receive the appropriate order and the sheet itself. People in uniform will begin to act only on the basis of a higher order (Article 30 of the Federal Law “On Enforcement Proceedings”). An application to the FSSP to initiate proceedings is relevant:

when the loan is overdue. The applicant is a bank that intends to collect the amount of debt + penalties against the defaulter on the loan;
for alimony. Divorce requires payment of child support by one of the parents (usually the father). Failure by the ex-spouse to fulfill his obligations towards the single mother and child leads to the initiation of proceedings in accordance with the writ of execution (sheet);
search for a minor. The applicants are usually guardianship authorities or third parties. The search is carried out jointly with law enforcement agencies;
illegal eviction. Often, bailiffs are forced to consider appeals from defrauded tenants who have been wrongfully evicted from their apartment. An application to initiate proceedings presupposes a demand for repossession.

Life situations can be very different, and this is not an exhaustive list of requests to the FSSP on a sheet in order to initiate enforcement proceedings and bring the debtor to justice.

How to correctly state your requirements

Drawing up and submitting an application to the bailiffs precedes the initiation of proceedings under a writ of execution. The claimant draws up a written appeal, where he sets out all the requirements to the opposite party (debtor). A sample application to the bailiffs to initiate compulsory enforcement proceedings is located below. The document must contain:

name and location of the FSSP;
Full name and contact details of the applicant (creditor);
Full name and information about the opposite party (debtor);
a written request to open a case in accordance with the writ of execution and the court order;
information about the sheet (form, date and number);
a statement of information about the case under consideration, indicating all the nuances of the debt, deadlines for non-fulfillment of obligations, etc.;
the amount of debt at the time of contacting the bailiffs;
details of the applicant’s bank account for transferring the recovered amount of debt;
date and signature of the claimant.

The appeal and writ of execution (judicial) are submitted to the bailiff's office personally by the applicant or through a representative. In the second case, the representative must provide a power of attorney stating that he is acting on behalf of the principal. An office employee accepts a written request and a sheet, after which he issues a special coupon with a stamp. The period for consideration of appeals from citizens and legal entities is 3 days. Based on the results of familiarization with the writ of execution, the bailiffs send a response.

Procedure for initiating enforcement proceedings

The definition states: enforcement proceedings are a legal procedure involving the collection of funds or property of the debtor in payment of his debt. According to the rules, proceedings are initiated after filing an application and a writ of execution from the creditor or his representative. The order is as follows.

Without waiting for the debt or alimony to be repaid on time, the applicant has the right to file a claim in court. Based on the results of the hearings, the judicial authority issues a verdict on forced collection of the debt. The plaintiff receives a writ of execution or a court order.
At the second stage, the interested person submits an application to the place of service of bailiffs (bailiffs). Moreover, either at the location of the property, or at the location (registration) of the debtor. Together with the written request, the claimant sends a writ of execution (agreement on the payment of alimony).
At the third stage, the senior bailiff issues a resolution to initiate enforcement proceedings. The service compiles three copies of the resolution and sends them to the addresses of the applicant, the debtor and the judicial authority.
The execution period for the case is 3 years. The debtor is given 5 days to voluntarily repay the debt. Otherwise, the bailiffs seize the accounts and seize the property of the defaulter (Article 36 of the Federal Law “On Enforcement Proceedings”).