What Documents Are Needed For Enforcement Proceedings

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What Documents Are Needed For Enforcement Proceedings
What Documents Are Needed For Enforcement Proceedings
Video: What Documents Are Needed For Enforcement Proceedings
Video: DOCUMENTS REQUIRED DURING INQUEST PROCEEDING 2023, February
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After a court decision has been made, by which your requirements are satisfied, you need to wait until the decision comes into force. On its basis, an executive document will be issued. And after receiving the above documents, you can refuse the services of a lawyer if the services of a representative at the stage of enforcement proceedings must be paid additionally. The difficulties are left behind, and you can handle the submission of documents for execution on your own.

What documents are needed for enforcement proceedings
What documents are needed for enforcement proceedings

Instructions

Step 1

The executive stage indicates that all the stages of resolving the dispute established by law have been passed (pre-trial settlement of the dispute, court proceedings, appeal and receipt of a writ of execution). After the decision has entered into legal force and the defendant evades the voluntary payment of the debt or the commission of any actions, then there is nothing left but to contact the bailiff service for the enforcement of the court decision.

Step 2

If the address of the debtor's place of residence or the location of his property is known, then the executive documents are sent to the bailiff service at the place of residence of the debtor or the location of the property. If the addresses are not known and the debtor is hiding, then the executive documents are sent to the territorial body to the chief bailiff. If the debtor is a legal entity, then the documents for compulsory execution are sent to the bailiff service to which the legal address of the organization belongs.

Step 3

To apply compulsory enforcement measures, the bailiff must initiate enforcement proceedings on the basis of the submitted documents. Documents required by a bailiff: a court decision that has entered into legal force, a writ of execution, a claimant's statement, if a representative is involved in the collection, then a power of attorney and a passport must be provided. Documents can be handed over to the bailiff service in person or sent by mail. It is better to send a letter with a notification and with a list of attachments, so in case of loss of the letter, the documents will have to be restored in court, and this requires grounds. It will be possible to obtain a duplicate of the writ of execution only on the basis of a court ruling.

Step 4

The bailiff-executor, within three days, makes a decision to initiate enforcement proceedings or to refuse to initiate enforcement proceedings. The grounds for refusal may be: an unsigned statement, the documents were sent not to the place of execution of the enforcement actions, the deadline for filing the executive document has expired, the enforcement proceedings on the submitted documents were previously terminated, the judicial act did not enter into force and if the executive document is not subject to execution bailiffs. The refusal order and all documents are sent to the claimant no later than the day following the day the order was issued. A copy of the decision is sent to the court that issued the executive document.

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