If the enforcement proceedings came into force, this does not mean that there is no way to stop the process. There are a number of articles in the law on the basis of which it can be terminated.
It is necessary
the civil procedure code of the Russian Federation
Instructions
Step 1
On the basis of Article 439 of the Civil Procedure Code, enforcement proceedings may be terminated if the claimant renounces his claims and penalties, and a settlement agreement is also concluded between the parties. Please note that then all the measures will be terminated, and it will be impossible to resume the newly suspended enforcement proceedings. It is also necessary that the refusal or settlement is accepted and approved by the court. This happens if these actions do not violate the rights of third parties, but only concern the parties involved in the dispute.
Step 2
Also, the basis for the termination of enforcement proceedings is the death or unknown disappearance of one of the parties and the absence of a legal successor of this person. Cancellation of production is possible upon expiration of the collection period established by law, or if the material base is insufficient to cover all the claims of the claimant.
Step 3
It is also possible to cancel the enforcement proceedings if the defendant was not familiar with the court order and does not know about its existence. In this case, if you are a debtor, you need to send an application to the court to issue you a copy of this order. Along with the application, file an objection to the execution of this document addressed to the judge.
Step 4
Write a statement on the suspension of proceedings addressed to the bailiff who initiated it, and send it by registered mail to the bailiff service. Indicate that since you were not familiar with the order, and the proceedings have already entered into force, therefore, there is a violation of the law, since in order to start the execution of the proceedings, the court must have confirmation that the debtor received a copy of the court order. The reason for this is Article 128 of the Civil Procedure Code of the Russian Federation.
