A writ of execution is a document issued on the basis of a court decision. To present a writ of execution to the debtor and receive the amount due from him, one should be guided by Article 432 of the Civil Code of the Russian Federation and 321 of the Arbitration Procedure Code of the Russian Federation. This can be done in person or through bailiffs.
It is necessary
- - a copy of the writ of execution, certified by a notary;
- - registered letter with a list of attachments;
- - a statement to the bailiffs;
- - Your passport;
- - the original of the writ of execution.
Instructions
Step 1
You can independently present a writ of execution to the debtor, but a number of certain actions must be followed. The most suitable option to familiarize the debtor with the court order is to send him a copy of the sheet by registered mail with a list of the attachment.
Step 2
This letter will be handed to the debtor against receipt, and he cannot refuse that he received everything personally in his hands. You can also submit a writ of execution to the debtor's bank, if you have information that he has opened accounts there, or send it by registered mail to your debtor's employer. And everything would be fine, but the fact is that having received a writ of execution and having familiarized themselves with this document on the court decision, not everyone will immediately begin to execute it. And you have no right to commit any official methods of influence to obtain your funds. In addition, it is possible to independently present a writ of execution only if the amount of the debt does not exceed 25,000 rubles. Therefore, there is another option for receiving money under a writ of execution.
Step 3
Contact the bailiff service with a statement. Show your passport, the original of the executive document. Bailiffs are endowed with great powers and can make an inventory of property and put it up for auction, seize bank accounts, force the debtor's employer to enforce the judgment by deducting from your salary in your favor, etc.
Step 4
The bailiff is obliged to comply with the court decision within two months from the date of filing the application, that is, this is a guaranteed period during which you will receive your debt.
Step 5
Do not forget that the limitation period for filing a writ of execution is three years. If after the expiration of this period you did not have time to present it to the debtor and receive your debt from him, then you will again have to go to court in order to increase these terms on the basis of the decision made.
