What in everyday life is called the common word "money" can be expressed in different legal categories: debt, forfeit, compensation for harm … Be that as it may, in court, funds are collected according to a certain algorithm provided by law.
Necessary
- - statement of claim;
- - proof of;
- - a judicial act that has entered into legal force;
- - performance list.
Instructions
Step 1
Make a statement of claim to the court, following the provisions of Articles 131, 132 of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation) or Articles 125, 126 of the Arbitration Procedure Code of the Russian Federation (APC RF), depending on which category of courts is within the jurisdiction of your case. Along with other necessary documents, attach to the statement of claim a calculation of the amount recovered. It must be clear and reasonable.
Step 2
When considering a case in court, provide the necessary evidence to win the case. In each specific case, the body of evidence is determined by the subject of proof.
Step 3
Get a writ of execution in your hands. In accordance with Article 428 of the Code of Civil Procedure of the Russian Federation and Article 318 of the Arbitration Procedure Code of the Russian Federation, a writ of execution is issued by the court after the court decision enters into legal force.
Step 4
Decide where to send the writ of execution. If the debtor has a bank account, in accordance with Article 8 of the Federal Law "On Enforcement Proceedings", the recoverer has the opportunity to send the writ of execution directly there. This will save time and in some cases be more efficient than contacting the bailiff service.
Step 5
If the amount to be collected does not exceed 25,000 rubles, and the debtor receives from an organization or another person a salary, scholarship, pension or other periodic payments, present a writ of execution to the individual or organization that makes such payments. Be guided by Article 9 of the Federal Law "On Enforcement Proceedings".
Step 6
If there is no information about the debtor's bank account or periodic payments to him, send the writ of execution to the bailiff service. In this case, the collection of funds will be provided by a specific bailiff, who will be responsible for your case.
