When everything is not going according to plan, and relations with partners do not go well, when the party to the contract “forgets” to pay for the services rendered or the goods delivered, the phrase “Meet me in court!” Is increasingly heard. But convincing the court of their innocence and getting a positive decision is only half the success. It is not often possible to meet a debtor who voluntarily enforced a court decision. The court issues the writ of execution, and at this stage the question arises: where to file the writ of execution?
How to force repay a debt?
There are two main options for taking a debtor to pay a debt: through a bank in which the debtor has an account or by contacting the bailiffs.
If there is information about the account that the debtor uses, it makes sense to send an executive document to the bankers. This method is faster than execution through the FSSP.
If there is no information on current accounts and deposits, you will have to turn to the bailiffs for help. The law provided the bailiff with enough opportunities to force the debtor to execute the judicial act. However, it is worth remembering that the bailiff departments are overloaded with work, therefore, after the initiation of proceedings, the recoverer will have to make a lot of efforts to control the progress of the case.
The answer to the question of where to file the writ of execution (for a legal entity, individual entrepreneur or citizen) is thus individual in each case and depends on the information available on the property of a particular debtor.
Deadline for submission of documents for execution
Before determining where to file a writ of execution: to the bailiffs or to the bank, you need to clarify whether the deadline for filing it has expired.
The law on executive production provides for a universal deadline for the presentation of documents for execution, which is calculated from the date of entry into force of the judicial act and is three years. We must not forget about some of the features of determining the period established by Article 21 of the Law. For example, if the court in its decision set the debtor a specific date for repayment of the debt, or installments or deferred payment are provided for, then documents for collecting the debt should be submitted only after the expiration of such a period.
Regardless of where the collector decides to file a writ of execution, upon presentation of the documents it is necessary to take into account all the nuances of the deadline, otherwise the bank or bailiff will return the documents without execution.
How to apply to the bank for debt collection?
The return of debt through the bank is much faster than through bailiffs. If there is a sufficient amount in the bank account of the debtor, the collector will be able to receive the awarded amount in just 3-10 days. In order to get execution, you need, firstly, to obtain information about the debtor's accounts opened with banks, and, secondly, to prepare and submit documents to a specific bank.
Where can I find out information about accounts?
Data on accounts of legal entities are available in the tax authorities database. The law gives the collector the right to apply to the Federal Tax Service with a request for bank accounts of the debtor. The application for the provision of information must be accompanied by an original or a notarized copy of the writ of execution, the power of attorney of the representative of the claimant. An application can be submitted to any inspection. The tax office will respond within three days - with ready-made information on hand, you can determine which bank to apply for execution.
Bank selection and presentation of documents for execution
The certificate received from the Federal Tax Service Inspectorate will contain information about all available accounts of the debtor. Based on this, you can decide on a specific bank (for example, VTB, Avangard Bank, Sberbank) - where to file the writ of execution. The general rules for filing an application with a bank, as provided for by the Law on Executive Production, are as follows:
- In the application for the presentation of the writ of execution to the bank, it is necessary to indicate the bank details of the collector; the claimant-citizen indicates his name, place of residence, TIN; collector - a legal entity shall indicate its name, state registration number and TIN, legal address.
- The original of the writ of execution is attached to the application.
- If the application is submitted by the representative of the claimant, an additional power of attorney must be attached and information about the representative must be provided.
The practice of submitting executive documents to banks is quite wide. The sites of the largest banks have special sections, although at present they are more focused on debtors. For example, at the request “Sberbank: where to file the writ of execution”, the search engine will offer a link to the bank’s page with information about arrests and penalties. Here you can familiarize yourself with the issues of seizing accounts. A similar result will be obtained at the request of "VTB: where to file a writ of execution", or any other bank. With the help of such inquiries, you can clarify where the office for the receipt of applications by claimants is located, find out the contact phone number.
After receiving the application and documents, the bank will draw up a collection order and within three days write off the amount from the debtor's account. If there is not enough money, only a part of the debt will be written off, and the executive will remain in the bank’s affairs until the collector collects or withdraws the document.
How to collect debt through bailiffs?
If it is known that the debtor has several bank accounts, it is advisable to contact the FSSP. The claimant has only one writ of execution, and the original must be presented for execution. Using this, an unscrupulous debtor can transfer money from one bank to another while the collector submits and withdraws documents.
The bailiff has the authority to seize and recover from several accounts of the debtor at the same time.
An application for initiating enforcement proceedings must be submitted to the OSB at the location of the debtor. The application must be accompanied by the original of the writ of warrant and the power of attorney, if a representative acts from the claimant. In the text of the application - write down the details of the claimant, for which it is necessary to transfer money. If any information about the property or accounts of the debtor is known, they must also be indicated in the application.
Excitation and enforcement proceedings
Within three days from the date of filing an application with the department, the documents are transferred to a particular bailiff who initiates proceedings or refuses to initiate proceedings.
The law on executive production provides the bailiff with a number of opportunities for effective and quick recovery:
- seizure of bank accounts of a debtor;
- seizure of money held at the cash desk of the debtor-enterprise;
- seizure of the debtor's property: real estate, cars, household items located in the apartment of the debtor-citizen;
- a ban on traveling abroad to a debtor citizen;
- search for the common property of the debtor acquired by him in marriage;
- announcement of the search for the debtor or its property.
Despite such a wide range of powers, practice shows that from the moment the enforcement proceedings begin, the recoverer faces the difficult task of monitoring the progress of the work of the bailiff. If possible, lawyers recommend visiting the bailiff’s receptions, taking a contact phone number, and actively participating in the recovery process — for example, to check whether the debtor’s property has been seized, whether requests have been sent to the Federal Registration Service, traffic police, and FIU.
Enforcement proceedings may be terminated or terminated by the bailiff on the grounds listed in Articles 43 and 47 of the Law on Executive Proceedings, including, both in connection with the execution of the judicial act, and if the bailiff could not find the property of the debtor.
If the production is terminated, but the money has not been received, you can again contact the bailiffs with a statement, but not earlier than six months after its return.
conclusions
In deciding where to file a writ of execution in each case, you need to be guided by the characteristics of a particular case and analyze the available information.
Collection through the bank is effective when the debtor has only one current account and it is known for certain that it has the required amount. In addition, such a recovery occurs much faster - within a few days.
Appeal to the bailiffs will be more useful if there are doubts about which of the open accounts the debtor uses, as well as if there are concerns about the possible sale by the debtor of his property in order to avoid liability.