After a positive decision in a court case on debt collection, the creditor receives a court order and a writ of execution, according to which the debt is forcibly repaid. This issue can be resolved both independently and by contacting the bailiff service.
Instructions
Step 1
Read the Law "On Enforcement Proceedings" No. 229-FZ of October 2, 2007, if you plan to carry out debt collection yourself. The claimant under the law has the right to obtain information about the debtor's property.
Step 2
Contact the tax authority to clarify all the data, which is obliged under Art. 69 of the Law "On Enforcement Proceedings" to respond to the request within seven working days. Get the debtor's account at a bank or other credit institution. Write an application to the bank indicating the name and details of the debtor and the claimant, the debtor's account number, the amount of monetary claims.
Step 3
Attach the original executive document to the letter. If the debtor's account opened with this bank has a sufficient amount to pay off the debt, then it is transferred to your account within three working days in accordance with Art. 8 of the Law "On Enforcement Proceedings". If the bank doubts the authenticity of the writ of execution, the transfer of funds may take up to seven working days.
Step 4
Contact the bailiffs if you are unable to carry out the debt collection procedure yourself. The bailiff service has broader powers regulated by article 64 of the Federal Law No. 229-ФЗ dated October 2, 2007. They have the right to seize the debtor's property and seize it in case of non-payment, check financial documents, search for the debtor and his property. After submitting an application to the bailiff service, within 3 working days, a bailiff is appointed according to your writ of execution, after another 3 working days a resolution is issued to start enforcement proceedings. According to the legislation, the execution of debt collection is carried out within 2 months. This method of returning the debt is longer, but at the same time more reliable, since the bailiffs undertake to find the debtor if he is hiding.
