After the completion of the civil procedure, the party that won the case is issued a writ of execution. With this document, the plaintiff must appear at the bailiff service for the execution of the order.
Instructions
Step 1
Get a writ of execution. It is not issued immediately after the decision on the case is rendered, but only after the time limit for appealing the judicial act provided by law has expired, or the judge has adopted the document in its final form, which entered into force immediately after its announcement. Write an application for the issuance of a writ of execution, a sample of which you will find on the stand in the office building. Attach a copy of the court decision to it or write down where the order was issued, as well as the date of the judicial act and the number of the case.
Step 2
Having received a writ of execution, go to the bailiff service. The procedure for presenting it for execution is regulated by the Federal Law dated 02.10.2007 No. 229-FZ “On Enforcement Proceedings”. You may not contact every service. Most often, the court indicates exactly where the document will be adopted. You will be given addresses and phone numbers by which you can find out about reception days. Usually it is Tuesday and Thursday.
Step 3
Write a statement on the initiation of enforcement proceedings against the debtor or the defendant to the name of the head of the service. Enter there the data specified in the writ of execution. Describe the actions that must be taken by the bailiff on the basis of the issued document, as well as the details or address to which he must list or deliver the recovered property.
Step 4
Submit the original writ of execution and the statement to the bailiff. Insist on being assigned a number. On it you can track how the work is progressing to fulfill the prescription.
Step 5
In accordance with Article 36 of the Law on Enforcement Proceedings, the bailiff is obliged to collect in favor of the plaintiff all the property or money indicated in the writ of execution. In practice, however, this is rarely done. Do not be lazy to go to the bailiff service at least once every two to two and a half weeks. This will spur her employees to start working on your writ of execution and fully comply with the order.
