Eviction by a court decision is carried out by contacting the bailiff service, which initiates enforcement proceedings. If the person to be evicted does not voluntarily comply with the decision within the time limit established by law, then he is forcibly evicted.
Eviction by court order is carried out by officials of the Federal Bailiff Service. After the entry into force of the judicial act, the plaintiff applies to the territorial subdivision of this body with a statement to initiate enforcement proceedings. A writ of execution is attached to the application, which can be obtained in the court itself. The bailiffs are obliged to initiate enforcement proceedings on the specified application, and then issue an order to the debtor on the need to voluntarily vacate the occupied dwelling within the period specified in the specified requirement. If the person to be evicted complies with this requirement, then the process of execution of the court decision ends.
What to do if the eviction order is not followed?
If the person to be evicted ignores the requirement of the bailiffs for voluntary eviction from the dwelling, then the procedure for compulsory execution of the judicial act begins. An enforcement fee is collected from the debtor, after which the bailiff sets a new time limit for eviction. At the same time, the specified person is warned that in case of refusal to evict after this period, the procedure for compulsory execution of the decision will be implemented without additional notifications. If the request for eviction is again not fulfilled by the debtor, then the bailiffs arrive directly at the dwelling from which it is necessary to evict the debtor in order to organize the procedure for forced eviction.
How does a forced eviction work?
The procedure for forced eviction involves the release of a dwelling from the debtor himself, his property, and pets. In addition, the evicted person is prohibited from using this housing in the future. The eviction itself takes place with the participation of attesting witnesses; if necessary, police officers are also involved (for example, when the debtor resists). In the process of compulsory execution of a court decision, an inventory of the debtor's property is drawn up, as well as an act of eviction. If the evicted person does not take away the property belonging to him, then the bailiffs ensure its storage for two months. During this period, the debtor can take back the property, paying for the storage costs incurred. If the property is not taken by the debtor, then the bailiffs sell it, compensate the storage costs at the expense of the funds received, and transfer the remaining money to the debtor.
