After the court for the recovery of debt, a writ of execution shall be issued . The document serves as the basis for debt collection. And it can be on alimony and other monetary obligations. How to get a writ of execution is described in the article.
About the document
A court order is required to commence enforcement proceedings . It has the name of the writ of execution. This document is printed on a special form. The writ of alimony and other monetary obligations includes:
- essence of the decision;
- case number;
- number and date of issue;
- information about the plaintiff and defendant;
- court data;
- the name and address of the executive body, which on behalf of the applicant performs duties in production.
The requirements for the execution of the decision include the agreement on the payment of alimony, as well as a court order. There are other documents according to which the seizure of property takes place to compensate the victims. But the most demanded is the writ of execution.
If any information is not in the act, then the submitter may be refused collection. You need to familiarize yourself with the contents of the writ of execution, and if there is a mistake in it, then you need to send a statement to the court indicating what is wrong.
Getting
How to get a writ of execution? This is possible only after the entry into force of the decision (Clause 1, Article. 428 Code of Civil Procedure of the Russian Federation). If immediate execution of the requirements included in the document is required, a writ of support for alimony or other financial obligations is provided after the judicial act. Then he will be issued on the same day, after the trial.
How to get a writ of execution in standard cases? It is necessary to wait for the deadline set aside to appeal the decision. If the situation concerns the court of first instance in a civil case, then the period is 1 month. But according to internal instructions, additional days are provided for during which a document can be issued. During this period, you can file a complaint by mail.
The claimant may receive the document in his hands. The law does not establish that this requires the preparation of a statement, but some courts still require it. At the request of the collector, the paper is sent to the FSSP for execution. How to get a writ of execution for a claimant representative? This will require a power of attorney.
The recoverer may include in the application for the sheet a request for sending the document by mail to the desired address. The claimant must provide a passport. And if this is done through a representative, then a power of attorney is also needed.
There is a list of cases when sheets are issued after the beginning of the court ruling. It refers to:
- collection of alimony;
- salary issuance;
- recovery in the workplace;
- inclusion of a person in the electoral list.
A writ of execution is issued for each court decision. If the case concerns several persons, the document may be issued in the required number of copies. Only this must be indicated in the statement.
Statement
There is no regulated document template; it is compiled in free form. An application for a writ of execution contains the following data:
- name of court;
- information about the collector: full name, address, contact information;
- case number;
- request for a sheet;
- the date;
- signature.
How to receive a writ of execution in arbitration court by mail? To do this, the application must specify the correct address to which the document will be sent. He is served in the clerk of the court, which ruled on the case. It is advisable to pre-arrange with the specialist who issued the sheet regarding the date and time of receipt of the document.
Departure
A statement about the need to provide a document may be submitted by the plaintiff or defendant. The representative acts by proxy. You can submit it in person or by mail. In the first case, you need to take a copy with you. A stamp is put in it in the office serving as confirmation of registration.
When sending paper by mail, keep a copy and receipt. The application must indicate the method of obtaining the sheet: by mail, in person or by a bailiff. In handling it is important to clarify where and when to take the sheet.
Arbitration court
How to get a writ of execution in an arbitration court? The provision of the document is carried out according to the results of the consideration of the case. Debt collection sheet is issued in the same way as in other cases.
You can learn more about this procedure on the court website. For example, many judicial authorities inform that the recoverer must first agree with the clerk or assistant judge on the date of receipt and how to present it.
Validity
How long is a writ of execution valid? Code of Civil Procedure of the Russian Federation established 3 years from the date of its entry into legal force. It must be borne in mind that the period is calculated not from the receipt of the sheet in hand, but from the moment the court decision is issued.
You can go to court to obtain this document at any time, but after 3 years the bailiff will not be accepted for execution. A decision will be issued indicating the refusal. If, on the basis of a decision of the judicial authority, the debtor is required to make periodic payments, the terms will be different.
What to do in case of loss?
If you lose the sheet, you must contact the court that issued this document. A duplicate paper application is provided there. This must be done before the end of the deadline for the presentation of the sheet for execution.
The statement will be considered in court. The decision to extradite or refuse is contested in court. As a result, the procedure for obtaining the sheet, which was published by a court decision, is quite simple. The sheet is provided to the claimant. Upon the expiration of the appeal time or on the basis of an application, it may be transferred by the court to the FSSP for execution.
Where and how is the document filed?
Often, the plaintiff can receive the money prescribed by the court on his own. For example, if the defendant has bank accounts. After applying to a financial institution, he will claim the full amount on the basis of a writ of execution. But usually for execution the sheet is handed over to the bailiffs.
An order is executed to recover the debtor at the place of residence. To do this, an application for acceptance of the sheet must be written in 2 copies. Attached to it:
- performance list;
- copy of the plaintiff’s passport;
- account number for the transfer of funds.
If the document is lost, the bailiff is punished financially. Recovery takes place only by court order. If the debtor lives in another city, then the document can be sent by registered letter with a list. Better yet, deliver it in person.
Executive production
If within 3 years after the beginning of the decision, the decision was not enforced, it will not have legal force. Its restoration is possible only through a court with the condition of execution within 3 months. If the plaintiff believes that the bailiff is not making efforts, he can draw up a request for the appointment of another specialist. An appeal is considered for 10 days, after which a response is received.
The sheet can be recalled without its execution, if there are specific reasons, but this decision needs to be confirmed by the court. The sheet is returned to the submitter when it is impossible to start production. This action is confirmed by weighty arguments and a court verdict.
Thus, obtaining a writ of execution is a right of participants in a lawsuit. Often it is issued only upon application. In case of loss, you can get a duplicate.