How to recover the debt by court

If the decision in court is accepted into your favor, this does not guarantee 100% debt recovery. The most difficult thing is to recover from the debtor the entire amount approved by the court to pay.

There is a federal law on enforcement proceedings, which regulates all relationships on the execution of the court decision. Usually, the court decision on the return of debt is issued on the 5th day, but by virtue of it will take place only in a month or from the moment of the decision of the appellate instance (if an appeal was filed). If you know the details of the bank account of the debtor, are confident that there is money on his accounts, contact the Bank with the executive decision. There is also such an option for debt collection: to present an executive list to the organization, which produces periodic payments to the debtor (pension - pension fund, salary - employer enterprise, scholarship - educational institution). Such a method of recovery is permitted if the total amount of debt is less than 25,000 rubles (or causes the alimony, compensates for health, so on.).

Otherwise, recovery will occur with bailiffs. The executive document should be submitted to the Bailiff Service (its territorial office at the place of registration of the debtor, its actual stay or location of the property). The bailiff initiates executive proceedings on the basis of the statement of the recoverer, to which the executive list is applied in the original and the attorney of the representative (if the application is filed by the representative of the recoverer). It is important that at the power of attorney all powers of the representative needed to submit the interests of the recoverer are envisaged:

right to present, feedback on the executive document;
transition;
appeal against the actions of the bailiff, decrees;
obtaining awarded property;
conclusion of the settlement agreement;
refusal of recovery on the executive document.

So that enforcement proceedings are over as soon as possible, you need to collect maximum information on the debtor: its legal, actual address, contact details, bank accounts, real estate information, personal transport, other. This information must be set forth in the application, having a request for the imposition of arrest on the available property (intermittent measure). If the debtor lives not at the place of registration, you need to ask the bailiff for the direction of the request to the tax inspection at the place of its registration.

The package of documents can be sent by registered mail or file personally in the office of the bailiffs. It is advisable to immediately clarify the cabinet number and contacts of the bailiff, which is transferred to your executive document. The declare statement is transmitted to the bastiff within three days, this moment is better to check personally (call back, re-arrive). From the moment of receipt of the executive document, the prext must have made a decision on the initiation of enforcement proceedings or to refuse this issue for three days. It should also be monitored. Then, the addition must send inquiries by mail to the traffic police, BTI, Pension Fund, the Federal Registration Service for Real Estate, the Federal Tax Service (when the debtor is Jurlso). Answers will come after 1-3 months. You can agree in advance with the bait that you will independently take requests to the service in order to save time.

Remember that after making a decision on the initiation of enforcement proceedings within one day, his republic will be sent to the debtor. Therefore, if the arrest of property is to be arrested, agree with the ability to immediately leave for the debtor, providing transport to ensure that the debtor did not have time to reorganize documents on property at third parties. During the visit to the debtor, an act of the property should be drawn up.

First of all, the recovery will be drawn to money in the debtor's accounts, only then the documents are transferred to the department for the implementation of the arrested property (assessment, sales are carried out by specialized organizations).

For a quick and positive solution, it is best to have a friendly relationship with backed up. Otherwise, recovery can last for years. Complain to the bailiff to the prosecutor's office, the senior addition of the department should be in exceptional cases, if there are gross violations, because it can lead to the opposite result.