In accordance with Russian law, a court decision is binding, but not all defendants are in a hurry to comply with court requirements. Many deliberately evade their execution. In this case, the main enforcement measure is enforcement proceedings. It is initiated by authorized persons of the FSSP.
Like any measures, the deadlines for the execution of the writ of execution by the bailiffs are determined by law. Their regulation will be discussed in this article.
Submission of documents
You can get a sheet on hand immediately after the entry into force of a decision of the judicial authority. The dates of issue and the beginning of legal action must be indicated in the document. You can present the sheet for three years.
For enforcement, the sheet is accepted together with the plaintiff’s acceptance statement, in which he must indicate: full name of the plaintiff and defendant, addresses and phone numbers, number of the executive document, nature of the penalty (debt, alimony, moral damages, etc.), date and signature .
The sheets with the requirements for the recovery of alimony and other types of maintenance shall be presented during the entire period indicated by the court for making payments. The legislator also provides for their extension. Namely, after the expiration of the deadline for the execution of a child support order for three years (for example, after coming of age).
Executive documents with the relevant requirements (alimony, reinstatement, payment of salaries) are presented and executed immediately, in accordance with the law. Sheets on the basis of a court ruling on the application of measures to secure a claim (for example, seizure, prohibition, etc.) are also subject to immediate execution.
Terms for other documents
- Within 3 years, judicial orders are accepted for execution.
- Decisions of the courts and authorized bodies (Pension Fund, traffic police, police department, tax inspectorate, customs authorities, KDN, etc.) on the collection of administrative fines have execution periods of two years from the date of commencement of official action.
If the court postponed the execution of the decision (deferral or installment plan was provided), then the sheet may be presented after the deadline set by the judicial authority in case of unfulfilled defendant obligations.
The time periods established by law are subject to mandatory verification by the executive body.
After the deadline for presentation, the document will be immediately returned to the claimant, and the initiation of proceedings is refused.
Deadline for bailiffs to execute a writ of execution by law
On the basis of Russian law, the total term for the execution of a writ of enforcement by bailiffs is two months. Its expiration does not give the FSSP employee reason to complete the proceedings.
The debtor is given the opportunity to fulfill the requirements of the sheet voluntarily. Five days - the period for the voluntary execution of the writ of execution.
Coercive measures against the defendant
If nothing happened during the period of voluntary execution of the writ of execution, the bailiff must apply coercive measures to the debtor:
- collect the performance fee;
- to arrest and write off money in accounts;
- foreclose on salaries and other incomes;
- check property status and seize with subsequent sale;
- restrict the right to travel abroad, the right to drive a car and perform registration actions in relation to transport and real estate;
- if necessary, bring to administrative responsibility;
- to declare a search in cases prescribed by law.
Return sheet and calculating new dates
If the bailiff, within the framework of the law, took all measures to collect the debt, but they did not bring any result (lack of movable and immovable property in the property of the debtor, money in credit organizations, place of work, inability to establish the location of the debtor), the writ of execution will be returned to the collector, and the proceedings ended due to the impossibility of execution.
The return of the writ of execution on these grounds does not preclude its re-presentation after six months from the date of return.
Calculation of the deadlines for the execution of the writ of execution by bailiffs for re-presentation begins from the moment the document is returned to the collector without taking into account the time during which the sheet was previously executed.
The date of return of the document to the collector is mandatory prescribed by the FSSP employee, indicating the reason for the return and the signature of the bailiff. Next to the mark of the bailiff should be the official seal of the unit.
Features and deadlines for the enforcement of child support
If the decision has not been canceled or appealed in court, then executive documents (sheets and orders) to recover child support are presented immediately after the deadline for appeal (cancellation).
When executing such documents, the general collection procedure is applied, that is, all the measures of enforcement enumerated above, including the search, are applied to the debtor.
The search for the debtor and his property is carried out according to executive documents on the collection of payments for his children, as well as debts in excess of ten thousand rubles. At the time of the search activities, the process of enforcement proceedings is suspended.
Executive procedures for the recovery of alimony cannot be completed due to the lack of the ability to fulfill the requirements.
The proceedings for the recovery of alimony ends with the bailiff only on the following grounds:
- Based on the direction of a copy of the document of enforcement proceedings at the place of work of the person in respect of whom it was instituted, for making periodic payments (contents). If the debtor is dismissed, the documents are returned to the service, and the enforcement proceedings are re-instituted.
- In case of recall of the writ of execution by the court.
- In connection with the return of the sheet to the claimant at his request.
Finally
- Writ of execution, regardless of the nature of the requirements, may be presented for execution until the death of the debtor, subject to a three-year deadline.
- Documents on administrative cases cannot be presented after the expiration of the limitation period for the execution of the writ of execution of the offense (two years).
- If in the process of execution the debtor dies, the activities carried out by the FSSP staff are terminated. Accordingly, the deadlines for the bailiffs to execute the writ of execution, too.
- Alimony under the law, unlike other property obligations, is not inherited.