In accordance with Article 13 of the Code of Civil Procedure of the Russian Federation, any court ruling that has entered into legal force is accepted for execution not only by the bailiff service, but also by the defendant or the debtor. That is why, since January 2012, the SSP is allowed to declare on the wanted list of persons who evade responsibility.
It is necessary
- - copy of the court decision:
- - writ of execution (and a copy thereof):
- - a report on the actions of the bailiffs.
Receive a copy of the court decision within 5 days from the date of its issuance. The second copy of this document and the writ of execution must be sent to the BSC at the place of registration of the debtor (defendant). If, 10 days after the decision was made in the CSP, the proceedings on the case were not started, contact the court secretariat and receive a copy of the writ of execution. Send this document (or better, take it yourself) to the MTP.
Make sure that the bailiff has received the writ of execution. Find out what will be the order of collection (execution of the decision). If your case is related to debt collection in material terms, you can apply for participation in enforcement proceedings at the debtor's address (one day before the day of the raid).
If, after 2 months from the date of the decision, the CSP has not taken active action, send a request to the name of the senior bailiff. Indicate in the request the name of the court that made the decision, the number of the writ of execution (or order). Please attach copies of all documents to your request. Give the reasons for the appeal (the proceedings on the case have not been started, no active actions are being taken against the debtor, etc.). Ask for a report on the actions of the bailiffs.
Receive a response to your request no later than 10 days from the date of your request. Read the contents of this document. Check: - whether the CSP has an act on the presence or absence of the debtor (defendant) of the property being recovered (or equivalent); - whether a decision was made to send a copy of the writ of execution to the defendant (if he works); - whether the defendant was announced in search, etc.
If you think that the actions aimed at the execution of the court decision were not enough, or they did not lead to a positive result, appeal the work of the bailiffs. To do this, contact a court of general jurisdiction or the prosecutor's office.