“File a lawsuit,” - this phrase can often be heard when various property disputes arise . Most people have a certain cliche in their minds. They think that the court is a guaranteed source of money back: alimony, economic debts, loans and much more. But they forget or do not know one legal concept: the statute of limitations for enforcement proceedings. There are situations when it is impossible to recover a debt in court. Of course, many consider such a rule to be unfair, especially lenders. However, this is a law. What is the statute of limitations for enforcement proceedings? How is it determined and from what moment is it counted? This will be discussed in this article.
The concept
The limitation period for enforcement proceedings does not need to be equated with the concept of the limitation period. These are different things, despite the proximity of the name. Let's analyze the differences.
The limitation period is the time that is given for filing claims in court after a certain situation. For example, the debtor took a certain amount of money and did not return it in time. The Civil Code determines that a creditor has the right to go to court. However, if he does not do this in the next three years from the moment when the debt was not returned to him, then the court may refuse his claims. Of course, this will need to be done at the request of the defendant, but these are already nuances. The main idea is that the creditor cannot wait, say, ten years, and then decide to sue. He has the right to sue for a certain time. This is called the statute of limitations. In each case, it is different. For example, upon dismissal of an employee from an enterprise, it is only given one month to challenge this decision, even if it was indeed illegal. The court will not even consider this issue if more than a month has passed. Ignorance of the law is not an excuse. Of course, there are nuances in restoring the right to file, but this is a completely different topic.
The statute of limitations for enforcement proceedings is the time when the trial has already taken place. Most people think that after it the debtor will hide from the bailiffs all his life until he finally settles it. After all, a court decision is binding. However, this is not entirely true. Let us analyze the statute of limitations for the enforcement proceedings on the loan. This issue is relevant today, since a lot of court decisions have been made recently, and the bailiff service has literally been overwhelmed with writ of execution. More on this later.
Credit court, is it possible not to pay?
The law obliges debtors to pay creditors. However, there is a statute of limitations for enforcement proceedings on a loan. He is three years old. However, the main mistake is made by citizens in determining it. It all depends on whether the debtor received a writ of execution in his hands. If not, then the countdown is a little different. Consider these two cases.
Executive Order Not Presented
Suppose a person took a loan from a bank and did not repay it. The latter went to court and won the case. In this case, a writ of execution shall be issued to him. Within three years, you must give it to the debtor. However, you need to understand that this is not a limitation period for the enforcement proceedings of bailiffs. If for three years the debtor has not been awarded a writ of execution, then we can assume that he was forgiven. Repeated appeal to the court is not possible in this case.
Personal presentation of the sheet is required
It must be understood that the writ of execution must be handed in personally necessarily. This also applies to the registered mail correspondence mark. If it exists, but the debtor was not found, then it is considered that the writ of execution has been received. In this case, all claims must be sent to the postal service. It is important to know that notification by phone or email is not allowed.
Executive writ presented
If the writ of execution is still served, then the creditor contacts the bailiff service. Based on this, production is started. In the Federal Law "On Enforcement Proceedings" all these points are described in detail. The bailiffs are given 2 months to take measures to collect the debt: blocking bank cards, seizing property, etc. This is the statute of limitations for enforcement proceedings (credit). The issue of service efficiency, of course, is still controversial. There are times when the debtor did not even hide from them. He lived at his address, had property, and kept all of his official salary on bank cards. However, we will not examine the issue of the effectiveness of bailiffs.
The writ of execution shall be returned to the creditor on the following grounds:
- the debtor has no property;
- the debtor cannot be found;
- the claimant (bank) refuses to retain the seized property.
Final write-off?
If the bailiffs returned the writ of execution with the corresponding mark to the creditor, this does not mean for the debtor that it is all over. He is still too early to drink champagne, and the requiere should not despair. After returning the sheet, another three years should pass.
Run a little bit
We will simulate a situation for understanding the big picture. A person stopped paying debts in March 2016. Within three years, there is the right to sue the creditor. Let's say he filed in February 2019, the trial took place in June. Now the creditor has three years to hand the writ of execution to the debtor. He sends it by registered mail in March 2022. The fact of its receipt does not matter. After that, he turns to the executive bailiffs. After six months, he receives the answer that there is no way to collect debt. Recall that we have already September 2022. And only after September 2025 the debtor can rejoice that he was forgiven. For a long time or not, everyone decides for himself.
If the creditor again addresses the bailiffs within three years after the return of the writ of execution, the term is interrupted. Everything happens anew. It can last forever. Whether it is fair or not, it is a law that determines the statute of limitations for enforcement proceedings in Russia. Let us examine other situations related to this concept.
Statute of limitations on enforcement proceedings: traffic police fine
The limitation period for fines of the STSI is the term for the execution of a decision to impose an administrative penalty. It is one year from the date of the decision (Article 31.9 of the Code of Administrative Offenses). However, if the driver violated the rule, then the employees have only two months to initiate administrative proceedings. This is extremely rare. Basically, you can be sure that in case of violation of traffic rules this will not be left without attention. Traffic police are required to obtain the results of the so-called “engagement plan”. Therefore, you can be sure that they will manage to carry out all the relevant procedures within two months.
Do not forget that in the event of a repeated stop of the driver, they “break through” the base for the presence of unpaid fines. In such cases, the traffic police may attract a defaulter under Article 20.25 of the Code of Administrative Offenses. This will result in a new fine in double size from the previous one. Employees can also apply arrest up to 15 days.
Non-payment of alimony
The statute of limitations on enforcement proceedings on alimony worries many in our country. Our duty to children is one of the most voluminous. There is no statute of limitations for it. Alimony is a headache for bailiffs. They "hang" in the database constantly. They constantly have to take counts.
The obligation to pay alimony comes after a lawsuit in court. Therefore, simultaneously with a divorce, you must immediately write such a petition. Moms naively believe that child support begins to “drip” automatically. In exceptional cases, the court exacts from the former spouse for the previous three years, but no more. You can’t go to court in 10 years and demand child support for the whole time.
In the event of the death of the debtor, his debt fixed at the time of death shall be transferred to the heirs. That is, he moves from the category of “family” to “civilian”. The right to demand debt from the heirs of the testator's ex-wife has the right. This is the position of the Supreme Court of the Russian Federation. However, do not forget at the same time that now the debt is regulated according to the rules that we have already described for loan agreements. Ignorance of this norm is sometimes expensive for citizens. They think that if a debt for child support was recognized for the heir, then one can also hope for the life-long work of the bailiffs in relation to the new person. This is based on the position of the Supreme Court of the Russian Federation, which was reflected in the review of judicial practice for the 3rd quarter of 2016.
Statute of limitations in criminal proceedings
With regard to criminal cases, many people are often mistaken in determining the branch of law. For example, a person committed theft, causing damage to the victim. For this he received a sentence of imprisonment. However, it is worth explaining that the very act of taking things is a criminal act, and the damage relates to civil law. The court imposing a preventive measure with payment of damage means that the convict was immediately sentenced from two branches of law: criminal and civil. It all depends on the specific case. Each dispute is purely individual. As for harm to life and health, there is no statute of limitations.