How To Collect A Debt By A Court Decision

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How To Collect A Debt By A Court Decision
How To Collect A Debt By A Court Decision

Video: How To Collect A Debt By A Court Decision


You can be congratulated - after lengthy and tedious litigation, you have achieved a decision on the return of the debt in your favor. Now the opposite party is obliged to return the debt to you by court order. But one decision is not enough, because you need to actually implement it. The stage of enforcement proceedings begins, the skillful passage of which determines how quickly you get your money back.

How to collect a debt by a court decision
How to collect a debt by a court decision


Step 1

Wait for the court decision to return the debt to you. Usually you get it in your hands on the fifth day, and it comes into force after a month or (in case of an appeal) - from the moment the decision is made by the appellate instance.

Step 2

Please note that the legislation provides for such methods of enforcement of decisions on debt collection as contacting bailiffs or contacting the bank where the debtor is serviced. The most common and quite effective is the execution of a court decision with the help of bailiffs.

Step 3

To begin with, you will receive a writ of execution in court as soon as possible, which will be issued after the entry into force of the decision. Do not hesitate to call the court, reminding about the writ of execution, because, unfortunately, the terms of its issuance are not spelled out by law.

Step 4

After you receive the writ of execution, personally hand it over to the office of bailiffs, not forgetting to demand that you put a mark of delivery on the copy of the cover letter. Within three days, the bailiff must issue a decree on the commencement of enforcement proceedings, which, according to the rules, must be completed within two months.

Step 5

In order not to delay the collection procedure, contact the bailiff service with requests for the exercise of specific powers, reminding the bailiff that time is running out. The rights and powers of the bailiff when collecting a debt are quite wide: he can request the necessary information, seize property, seize property, search for the debtor, impose fines on the debtor, and so on.

Step 6

The bailiff receives information about the debtor's property only from the answers to his official inquiries. If you know that the debtor has other property (bank account, accounts receivable, etc.), inform the bailiff so that he can foreclose on the identified property.

Step 7

The runtime system sometimes crashes. Perhaps the bailiff is not experienced enough, loaded with cases, or even in collusion with the debtor. In such cases, appeal against the actions or inaction of the bailiff. You can complain to his management, draw up a petition to replace the bailiff, write about your case in the press, or go to court. Remember that you, as a claimant, are the centerpiece of enforcement proceedings.

Step 8

If the debtor is still in no hurry to comply with the decision, contact the law enforcement agencies. The debtor can be held administratively liable for failure to comply with the legal requirements of the bailiff. For malicious failure to comply with a court decision, criminal liability (up to imprisonment) is provided. Knowing about the threat of such a decision, the debtor will have a strong motivation to repay the debt.

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