The Bailiff Service is the only body that enforces court decisions on the recovery of funds. The plaintiff, having received a writ of execution, must hand it over to the bailiffs, and they - at the defendant's place of work, so that the employer's accounting department makes regular deductions to pay off the debt. The accounting department is obliged to return the writ of execution to the bailiffs in case of dismissal of the employee.
Instructions
Step 1
Before the case is closed in court, the plaintiff must write a statement about the direction of the writ of execution on it to the bailiff service (BSC). In this case, the writ of execution will immediately be sent to the unit at the place of work of the defendant. You can take it there yourself after the trial, but it is better to send it by mail in a valuable letter with an inventory of the attachment. Attach a statement on the initiation of enforcement proceedings to the writ of execution. Find the address of the required unit of the SSP through the inquiry service of the locality or district where the defendant lives. You can find the address you want over the Internet. Call there by phone and consult if you are not sure how to correctly draw up an application.
Step 2
From the SSP, the writ of execution will be sent to the defendant's place of work if it is not possible to immediately collect the required amount or if we are talking about regular payments, as in the case of alimony. When the defendant is dismissed, the employer is obliged to inform the SSP within three days after the termination of the employment contract (part 4 of article 98 of the Federal Law of 02.10.07 No. 229-FZ, article 192 of the Civil Code, paragraph 1 of article 111 of the Family Code) …
Step 3
Together with the information letter, the administration of the enterprise, which made the withholding of alimony on the basis of a court decision, must return the writ of execution to the bailiffs. It is also necessary to attach a certificate to the documents about how much and for what period was recovered from the defendant. Information about the dismissal of the defendant must be sent to the address of the plaintiff. In case of violation of this procedure and the terms for providing information, the employer may be fined in the amount of 50,000 to 100,000 rubles. For the head of the enterprise, the amount of penalties, in accordance with paragraph 3 of Art. 111 of the Family Code, can range from 15,000 to 20,000 rubles.
Step 4
A copy of the writ of execution must remain in the accounting department of the enterprise. In addition, a corresponding entry must be made in a separate register, in which all orders of execution for employees of the enterprise are registered.
