So, the judgment is over. If you were the plaintiff in the case, and the court decision made in your favor has entered into legal force - the stage of enforcement proceedings begins. You have to get a writ of execution in your hands. You can collect money on its basis on your own or with the help of a bailiff.
It is necessary
Properly executed writ of execution; a statement in the form of a bank or bailiff service; passport
Instructions
Step 1
Certain requirements are imposed on the writ of execution. A complete list of them can be found in the text of the Federal Law "On Enforcement Proceedings". Therefore, when receiving a writ of execution in your hands, be sure to check it.
Step 2
If you know in which bank the debtor has a valid account, you can send the original of the writ of execution directly to the relevant bank, attaching also an application for the collection of funds from the debtor's account in your favor. The bank specialists most likely have a sample of such a statement.
Step 3
If you do not have such information, you have the right to find out them from the tax authority at the place of registration of your debtor. Send there an application for the request for the necessary data and a certified copy of the writ of execution. Within three days, you will be provided with the required information.
Step 4
Having received your application, the bank, no later than three days, will transfer the required amount according to the details you specified, but if the debtor's account has sufficient funds for this. Otherwise, the bank will return you a writ of execution with a mark of full or partial non-execution.
Step 5
It is also possible to collect money under a writ of execution through the bailiff service located at the location of the debtor. When a writ of execution is submitted to the bailiff service, an application for collection is drawn up under this document. It contains the details of the bank account of the claimant, to which the funds will be transferred. The debtor can pay the specified amount in cash, handing them over to the bailiff.
Step 6
The bailiff has three days from the date of receipt of your application to initiate enforcement proceedings. Copies of the decree on this are sent to the debtor and the claimant. If the debtor does not voluntarily fulfill your requirements within five days, the bailiff begins enforcement.
Step 7
The bailiff to whom the case will be sent has two months to recover the required amount of money from the debtor. This period may be extended. If you are dissatisfied with the results of the bailiff's work, you have the right to complain about his inaction to the judicial authority or to the senior bailiff, according to the principle of subordination.
