What To Do If The Settlement Agreement Is Not Fulfilled

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What To Do If The Settlement Agreement Is Not Fulfilled
What To Do If The Settlement Agreement Is Not Fulfilled

Video: What To Do If The Settlement Agreement Is Not Fulfilled

Video: What To Do If The Settlement Agreement Is Not Fulfilled
Video: Let Me Out ... of this Settlement Agreement! 2024, April
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An amicable agreement can be concluded in a notarial form or formalized in court, if the claim has already been filed and the parties have come to a mutually beneficial power of attorney. According to the Civil Code of the Russian Federation, all the conditions set forth in the document must be unconditionally fulfilled by both parties. If one of the parties does not fulfill its obligations, collection on them can be enforced.

What to do if the settlement agreement is not fulfilled
What to do if the settlement agreement is not fulfilled

Necessary

  • - a statement to the bailiffs;
  • - amicable agreement and photocopy;
  • - passport of a citizen of the Russian Federation.

Instructions

Step 1

If you have entered into a voluntary settlement agreement in a simple written form with obligatory notarization or in a notary office, you are obliged to fulfill all the requirements for it on a voluntary basis.

Step 2

If the conditions specified in the clauses of the concluded settlement agreement are not met, the injured party has the right to contact the bailiff service with a statement, passport, attach the settlement agreement and a photocopy in order to enforce the fulfillment of obligations.

Step 3

The legal proceedings may end with an amicable agreement. If both parties to the trial have expressed a desire to conclude a voluntary agreement, to stop the litigation, the court should do its utmost to facilitate this. The document has the force of a writ of execution, therefore, its unquestioning execution is strictly binding. The court will no longer consider the appeal on this issue, since the issue is considered resolved and closed in connection with the agreement reached.

Step 4

The bailiffs are obliged by voluntary agreement, after the appeal of the injured party, to begin enforcement proceedings within 7 calendar days. The terms of enforced collection under the document are 2 months.

Step 5

Collection can be carried out by any available methods that do not contradict the law of the Russian Federation. The claim may be directed to the place of work that does not fulfill the party's debt obligations, drawn to bank savings accounts, to property.

Step 6

In the absence of an opportunity to fulfill the claims under the amicable agreement, the guilty person may be brought to administrative responsibility or administrative work for an indefinite period until the entire debt on demand is paid in full.

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