The writ of execution has a limitation period. As a general rule, it is three years. Under certain conditions, it can be extended, reduced or suspended.
The limitation period is the period when the judgment is enforced. Exceeding the time frame may lead to the deprivation of the claimant of the right to claim the payment of the debt. The limitation period begins to be calculated from the moment of occurrence of the event that led to the emergence of the dispute, or from the time when the judgment becomes legal.
The limitation period applies only at the request of the interested party prior to the court decision. Usually it is necessary so that the claimant can take actions aimed at collecting a debt or transferring a writ of execution to the bailiff service.
As a general rule, the statute of limitations is three years. The period of time required for the implementation of enforcement actions to collect debt is not included in this period, it is calculated from another moment.
Peculiarities
The deadline for the provision of a writ of execution may be interrupted due to the transfer of the document for execution or with partial fulfillment of the requirements by the debtor. In this case, three years are re-calculated, and the time elapsed before the break is not subtracted from the new time interval.
If the writ of execution is returned back to the claimant, the limitation period is renewed from the moment of return. When the sheet has been revoked, the period from the moment of its presentation to the day of revocation is deducted from the total period.
In addition to the general term, special ones have been established. Their duration varies depending on the type of writ of execution. For documents that specify the requirement to return a child moved to Russia in violation of the law, the period is 12 months.
If periodic payments are to be made in favor of the claimant, then three more years are added to the main time period. For example, writs of execution for the recovery of alimony are valid until the child comes of age and three more years after the onset of this period.
Grounds for restoring missed deadline
The Federal Law states that the claimant has the right to restore the term. At the same time, there is no exact list of reasons when this can be done, but the reason must be valid:
- the illness of the claimant, confirmed by official documents;
- lack of information that he has the right to demand debt repayment;
- finding a person on a long business trip.
Thus, the limitation period consists of the period when it must be provided to the performer, the period of time for execution by the bailiff or the debtor himself.
