Some enterprises are faced with the impossibility of collecting funds from the budgetary organization according to the writ of execution. Bailiffs, receiving a writ of execution, find out that funds in the accounts of a budget enterprise are extremely rare and in limited quantities, and the property is, as a rule, in economic management or operational management. But it is quite possible to collect funds from a budgetary organization.
Instructions
Step 1
The legal basis for claiming funds under the writ of execution is the Federal Law "On Enforcement Proceedings" and the Decree of the Government of the Russian Federation of February 22, 2001 No. 143. Follow the legal norms that are spelled out in these documents.
Step 2
According to Resolution No. 143, you need, in addition to the writ of execution, to issue a duly certified copy of the court decision, on the basis of which this writ of execution was issued. There is some difficulty here, since v. 9 of the law states that one document is enough to carry out enforcement actions - a writ of execution. To get out of this situation, on the copy of the court decision, ask the judge to make not only the inscription “The copy is correct”, but also “The decision has entered into force”.
Step 3
Submit documents to the executive body through which your debtor is financed. According to the Resolution, the body in which the personal accounts of the budgetary organization are opened is the Federal Treasury. Send a certified copy of the court decision and a cover letter to the territorial office at the place of registration. In it, indicate the details of your company for transferring the recovered funds.
Step 4
In the event that your executive document is drawn up in accordance with the requirements that are prescribed in the law, the required amount will be collected from the budgetary organization immediately or in parts as funding is received from the budget.
Step 5
The Federal Treasury within 5 working days is obliged to notify the debtor that the executive document was received on such and such a date and accepted for execution. The budgetary organization, within 10 days after receiving the notification, must inform the Federal Treasury by which budget classification code this debt is passed, and attach to the letter a payment order to transfer the amount under the writ of execution.
