If the collector decides not to continue the process of collecting debts in respect of his opponent in litigation, even if the obligations are not fully fulfilled, he has the right to initiate the procedure for terminating the execution of the court decision. This can be done in court or directly through an appeal to the bailiff. The grounds for such a decision by the representatives of the court and the FSSP are different and clearly spelled out in the current regulatory acts.
FSSP rights
Legislation on the enforcement of court decisions clearly limits the list of situations where a bailiff has the right to terminate proceedings:
- if the court decided to terminate;
- a statement was made in court on the termination of enforcement proceedings from a recoverer and an appropriate decision was made;
- if the parties have agreed among themselves and concluded a settlement agreement;
- cancellation of a court act on the issuance of an executive document;
- recognition of the illegality of the issuance of the sheet and its illegality;
- exclusion from the EDR of a record of a legal entity or individual entrepreneur, in other cases provided for by regulatory enactments.
Another situation where production can be terminated is if property that has been illegally moved through the country is subject to seizure.
Based on the requirements of Article 44 of FZ-229, the employee of the FSSP makes a decision to terminate and simultaneously cancels all coercive measures that have been taken so far.
Court rights
The court also has the right to terminate enforcement proceedings if the debtor or the collector is declared dead or missing. Also, if an application for the termination of enforcement proceedings is accepted and the collector refuses to receive property seized from the debtor. The court may terminate the proceedings in the event that the opportunity to fulfill the requirements prescribed by a judicial act and in other situations provided for by federal legislation is lost.
Debtor Rights
An application for termination of enforcement proceedings from the debtor may be filed if he has reached a settlement agreement with the collector or the latter has died, and the claims on the list are not transferable.
The debtor also has the right to apply to the court with a request to terminate the proceedings if the period provided for by law has already been exceeded. Naturally, the debtor should immediately apply for termination of proceedings if it was possible to challenge the court decision.
Effects
First of all, the bailiff has only 3 days to notify all interested parties that the process of collecting debts has stopped. Documents confirming the termination are sent to the court, the recoverer, the defendant and the body that implements restrictive measures in life.
After sending a statement on the termination of enforcement proceedings to the bailiffs (a sample is given below) and the official makes the appropriate decision, the following consequences occur:
- the property is seized (if it was imposed);
- all bans that were imposed on the debtor are removed, for example, a ban on crossing the country's border.
The bailiff without fail puts a mark on the writ of execution on whether the requirements are fully or partially satisfied.
The collector should know that it is no longer possible to collect debt obligations by the writ of execution, which has been terminated.
Rules for compiling an appeal to the FSSP
The application for the termination of the enforcement proceedings by the bailiffs (sample below), both from the debtor and from the defendant, is made in simple written form. There is no unified version of such a document.
However, it is recommended that your requirements be written clearly and clearly so that the bailiff realizes that the applicant has serious intentions and understands the weighty consequences of submitting such a document.
Document structure
A statement to the bailiffs on the termination of enforcement proceedings should be made in compliance with the following structure:
- Document header. It is placed in the upper right part of the document. Details of the executive service body, data of the applicant are indicated. In the middle of the sheet is placed the name of the document, under which the sheet number is indicated, the date of compilation.
- After comes the main text. It is in this part of the document that information is given on circumstances that allow the enforcement proceedings to be terminated.
- In the final part of the document is written directly a request for termination of proceedings.
- Applications As a rule, documents are enclosed with such statements, which will confirm the circumstances allowing to complete the production of the writ of execution.
At the very end, the date and signature of the applicant with the decoding F. I.O.
Sample application for termination of enforcement proceedings by bailiffs
To the department ... of the district ... of the city ...
(from) the debtor or the collector ... data, address ...
Title
Details of the writ of execution ... date ...
The decree of the bailiff of the OSB in the ... district ... city ... date ... instituted enforcement proceedings for ... (circumstances of the debt) .... In relation to ... (data of the debtor) ... The amount of claims is ... rubles. A writ of execution issued ... by the court ... No. and date of the case ...
... date ... as a result of cassation appeal ... court decision ... dated ... date ... was set aside.
Based on the requirements of Article 43 of the Law FZ-229, enforcement proceedings must be terminated.
Guided by the foregoing and articles 43, 45 of the Federal Law-229,
I beg
Stop enforcement proceedings № ... from ... date ... of debt collection by ... s ... Full name. (or the name of the legal entity) in favor of ... ..
Appendices .... a copy of the cassation ruling from ... date ...
Signature of Applicant.
Going to court
There are no special differences in the procedure and form for the preparation of the application for termination of enforcement proceedings by the bailiffs (the sample is given in the text) and there is no appeal to the court.
The court, in the area of which the bailiff performs his duties, can consider such a petition. The court has 10 days to consider such an appeal. All interested parties, including the bailiff, are invited to the meeting. If one of the parties does not wish to attend the meeting, the application will be considered anyway.
Naturally, if it is a matter of recovering debts from a legal entity, it is necessary to apply to the arbitration court, and not to general jurisdiction. The economic court also has 10 days to review the petition.
Sample application for the termination of enforcement proceedings in court:
In ... court ... (location)
(from) ... (debtor or claimant) ...
Data of the bailiff
Details of the writ of execution
Document's name
... Date ... by a bailiff ... district ... city ... F. I. Oh ... enforcement proceedings are instituted .... (the data of the claimant and the debtor are recorded, the amount of the recovery or property to be claimed is indicated) ...
To date, the following circumstances have arisen ... that do not allow to fulfill the requirements of the writ of execution ....
Guided by Articles 439-440 of the Civil Procedure Code and Article 43 of the Federal Law-229, I ask you to terminate the enforcement proceedings ... details of the executive document ....
Applications ...
Signature, date.
Differences between termination and termination
The bailiff can finish the enforcement proceedings only and only in cases expressly provided for by applicable law. First of all, this is the actual implementation of the requirements of the document. Other grounds include:
- claimant's statement;
- inability to track down the debtor;
- the inability to perform certain actions provided for by the executive document;
- lack of property of the debtor;
- if the collector interferes with the bailiff in the performance of his official duties;
- if the collector refused the property that belongs to the debtor.
Another situation is when a debtor with an administrative fine is a citizen of another state or a person who does not have citizenship at all and by court order expelled him from Russia. The legislation also provides for several more reasons for ending production.
The employee of the FSSP makes an appropriate decision on the end of the production, which can be canceled by the senior management.
Appeal
If the application to the bailiffs to terminate the enforcement proceedings was submitted on behalf of the debtor and the bailiff accepted and satisfied it, but the collector does not agree, then he has the right to appeal. In this case, the disgruntled party of the process must submit an application to the senior bailiff for canceling the illegal decision. The main thing in such a document is to substantiate its position and confirm the correctness of the circumstances described by documents.