A writ of execution is a document that is issued by the court to the party that won the case and has the right to recover some property or funds from the other side. Actually, for such a penalty, a writ of execution is issued - it secures this right. The process of obtaining a writ of execution in civil proceedings is similar to the process of obtaining it in arbitration.
Instructions
Step 1
According to the current legislation, a writ of execution is issued to a claimant after the court's decision enters into legal force, if the case was considered in the first instance (after the court of first instance decides on the case, the law provides for a 10-day period for appealing the decision, and only after this period the decision enters into legal force). A writ of execution can also be issued immediately after the adoption of a court decision - in the case of immediate execution of the court decision. The decisions of the courts of appeal and cassation are immediately executed.
Step 2
The writ of execution can be obtained in person in court when the court ruling has come into legal force. If the claimant, for one reason or another, cannot pick up the writ of execution personally, then at his request the list can be sent by the court itself for execution.
Step 3
Several writs of execution may be issued under the same court decision. This happens if the decision was made in favor of several plaintiffs or against several defendants. In cases where the execution of a court decision must be carried out in different places, several writs of execution must also be issued. Each of them must indicate the place of execution and what part of the court's decision is subject to execution in this place.
Step 4
If the claimant has lost the writ of execution, then he can write a statement to the court and receive a duplicate of it. However, this is a rather lengthy procedure, since, according to the law, an application for a duplicate of a writ of execution must be considered in court. The parties do not have to attend this session - their failure to appear will in no way prevent the court from considering the issue of issuing a duplicate of the writ of execution. However, the party is wasting time.
Step 5
If the case was considered by an arbitration court, and the winning party needs to receive a writ of execution, then it must apply for the issue of a writ of execution to the district court at the location or residence of the debtor. The judge of such a court must consider this application within a month and decide in the court session the issue of issuing a writ of execution. The parties to the arbitration are not required to appear at this meeting.
