A writ of execution is a document, the basis for which was the decision made by a court or other authorized body that considered a case in civil or administrative legal relations. This act reflects the details of the organization issuing it, the name of the obligated and authorized party, and also explains their duties and rights.
The writ of execution may be in the form of a separate document. In its text indicates the subject, which is binding. A writ of execution may also be executed in the form of a decision of a competent person. In this case, the mandatory subject for implementation is indicated in the operative part. In a judicial act, which is subject to execution, it is possible to impose obligations on third parties who do not belong to either side of the considered case. An example of this is the collection of certain amounts of money from a debtor through the accounting department of the company where he works. This department is entrusted with the duty to retain and transfer part of the remuneration accrued to this employee to the account of the exacting party.
The judicial authority may also impose obligations on the institutions of banks. These financial organizations, according to the writ of execution, block money on the accounts of the debtor, and also write off certain funds from them. Legal or natural persons, when storing property intended for recovery on their territory, are obliged to provide court bailiffs with access to it. Other documents may be vested with equal legal force with the writ of execution. This type of securities may include an agreement on the payment of alimony, if it is certified by a notary.
The writ of execution is obtained from the body that was busy with the consideration of the case. Issue it on the day from which this decision acquires legal rights. Basically, this period comes ten days after the verdict. An exception is some cases when the moment of announcement of the decision coincides with the beginning of its action. A writ of execution may be issued directly to the exacting party, and may also be handed over to bailiffs for execution.
The deadline for presenting a writ of execution is the period of time established by legislative acts during which this document can be presented to recover the funds indicated therein. These actions are stipulated in the Arbitration Procedure Code of the Russian Federation and are reflected in Article 321. According to the first paragraph, the validity of the writ of execution is three years, starting from the date of acquisition of this legal force by this act, or from the date of expiration of the grace period. If, for any reason, a document has not been presented within the time period specified by the code, a determination on the restoration of requirements is possible. In this case, they can be presented within three months.
There is a time limit for recovery and for bailiffs. He was given two months for production. In practice, quite often there are cases when debts are collected for years. In the worst case, production can be completed by an act of impossibility to pay a debt. However, the legislation provided for the recoverer’s repeated right to present a writ of execution. An act reflecting the impossibility of receiving a debt is drawn up only if the obligated party does not have an official or permanent source of income. And also if she does not have various types of property (immovable and movable). That is, all that could be realized in the payment of debt.