Enforcement proceedings are a formal procedure aimed at collecting material or monetary funds from a debtor to pay off his debt. There are a number of rules for initiating enforcement proceedings.
Necessary
Executive document, claimant's statement
Instructions
Step 1
To initiate enforcement proceedings, you will need a writ of execution. In the role of a writ of execution, writs of execution, court decisions, acts of state institutions on administrative offenses or written agreements on alimony are considered.
Step 2
In addition to the court order, you will need a claim from the claimant (required in writing). The application must explicitly state the desire to launch the enforcement proceedings.
Step 3
This application must be submitted to the bailiff service for the debtor's area of residence. The application can be submitted there in person or sent by mail.
Step 4
The decision on refusal or initiation of the procedure is made by the bailiff, based on the claim of the claimant. This must be done within three days after it is referred to the executive office.
Step 5
After issuing a decision to initiate the procedure, the bailiff must send a copy of the document to the recoverer, the debtor and the appropriate state body that issued the enforcement document. This should be done the day after the order is issued.
Step 6
The decision must contain information about the time period for the voluntary execution of the court decision (as a rule, no more than five days are given for this). The term is calculated starting from the next day from the receipt of the order. It is best to take the date stamp on the envelope as the starting point.
Step 7
If the order has not been voluntarily executed within the prescribed period, the debt will be collected forcibly. For this, an additional 7% of the total debt is charged. If the claimant has not started collecting the debt within three years, the executive document becomes invalid.
