According to Law No. 229-F3 "On Enforcement Proceedings", bailiffs are engaged in the search for the debtor, if a court order to recover the debt is issued and a writ of execution is received. If there is no court order, you need to go to court with a statement, IOU or loan agreement and start legal proceedings for the return of the debt.
It is necessary
- - application to the court;
- - passport;
- - IOU or loan agreement;
- - court statement;
- - performance list;
- - a statement to the bailiffs.
Instructions
Step 1
To legally collect a debt, apply to the arbitration court with a statement. Show your passport, receipt or loan agreement. If witnesses were present during the transfer of funds or other valuables, the court will take into account their testimony.
Step 2
On the basis of a court order, having a writ of execution in your hands, you have the right to obtain information about the debtor in any banking structures, as well as in the tax authorities and in the FUGRTS, by requesting an extract from the unified register. But finding out about the property does not mean at all that you can collect it yourself.
Step 3
If the debtor is hiding and you are unable to collect the debt on your own, contact the bailiff service. This is especially true if the debtor does not work and does not have bank accounts. In accordance with this law, you have the right to apply to the bank or at the place of work of the debtor with an application and a writ of execution. These documents will be the basis for the compulsory collection of debt from wages or the transfer of funds that are stored in the bank on the debtor's accounts to pay off the debt.
Step 4
If the debtor has property, but he does not work and does not have bank accounts, you do not have the right to independently describe and sell valuable things. This is done by bailiffs, attracting law enforcement officers to help.
Step 5
Contact the bailiff service with a statement, passport and writ of execution. In three working days, enforcement proceedings will begin on your application. If the debtor is hiding, then law enforcement agencies will be engaged in his search on the basis of instructions from the bailiff service.
Step 6
All authorized bodies dealing with these issues can be involved in the search for the debtor. As soon as the debtor is found, the bailiffs will describe and sell his property. If there is no property, then in accordance with the legislation of the Russian Federation, the debtor can be involved in forced labor. The terms of work are not limited and may last until the full repayment of the debt under the writ of execution.
