After the end of the trial, even when a decision has been made to collect the debt or take any action, not all debtors seek to voluntarily pay off the debt or take other actions determined by the court. In this case, you must independently take measures to enforce the judgment. Such a right is given to you by a writ of execution issued by soda.
Instructions
Step 1
How to present a writ of execution? First of all, consider the statutory deadlines for the submission of a writ of execution. It must be submitted to the bailiff service after the expiry of the term for appealing the court decision (10 days from the date of the decision).
Step 2
The deadline for submission of a writ of execution is three years with a few exceptions:
- a writ of execution on periodic payments can be presented during the entire period of payments;
- a writ of execution in cases of administrative offenses can be presented within one year from the date of the decision by the court.
Step 3
Determine the most advantageous option for presenting a writ of execution:
- if you have information about the debtor's bank accounts, the writ of execution can be presented directly to the debtor's bank;
- if the writ of execution provides for the collection of periodic payments in the amount not exceeding 25,000 rubles, the writ of execution can be presented at the debtor's place of work, at the place where he is assigned a pension, scholarship, etc. The same rule applies to writs of execution for the recovery of alimony, regardless of their size.
Step 4
Next, determine which territorial body of the bailiff service you need to contact:
- if the debtor is a citizen - contact the bailiff service at the debtor's place of residence or at the location of his property;
- if the debtor is an organization - contact the bailiff service at the legal address of the organization, at the location of its branch or representative office or at the location of its property
- if, in accordance with the court decision, the debtor must perform certain actions - contact the bailiffs at the place of the actions.
Step 5
Practice shows that contacting the bank, pension authorities, the debtor's employer accelerates the execution of the writ of execution in comparison with the bailiff service.
