How to recover by actuator

How to recover by actuator

Judicial gravity is completed, and the court decided to recover the debt. But not always the defendant agrees to voluntarily pay duty. Therefore, the plaintiff is issued to the executive list - a document that gives the right independently or by contacting the bidding service to implement a set of measures to enforce the court decision.

1
The executive list is a conclusion (resolution) of the trial. To obtain a document, apply for its issuance to the Office of the Court of Decision. It will be possible to present a sheet to execution for three years if there is no other time or condition in the conclusion of the court. The sheet contains:

  • details of the department of the court, where the case was understood;
  • case number;
  • decision date;
  • the date of entry into force;
  • data on the recoverer and debtor: for individuals - FULL NAME, registration address, date and place of birth, place of work of the debtor (if available); For legal entities - the name of the organization, its legal address.

Performance list

Application blank and fill sample download with us:

2
If you decide to take advantage of the services of a bailiff, apply for a sheet to adopt a sheet to the Department of the Federal Bailiff Service at the place of residence of the debtor or finding his property (when the debtor is an individual), or at the legal address of the organization (when the debtor is a legal entity). You can locate the location you need on the official website FSSP. Application Write in two copies, one of them with a mark of reception remains you. Together with the application, apply the executive list (original and 1 copy) and a copy of the passport. In the application, specify your data:

  • FULL NAME;
  • address of residence;
  • passport details;
  • bank details where funds should be transferred;
  • to speed up the recovery process, you can enable the available information about the debtor (contact details, address of accommodation, place of work, etc.)

Department of FSSP

Application blank and fill sample download with us:

3
Within 3 days, executive production will be headed, which will notify you, and the debtor. Typically, bailiffs set 5 days from the date of receipt of the debtor's decision to fulfill the requirements. In case of refusal of voluntary repayment of debt, the attract performs actions to search for bank accounts of the debtor, registered with property, sources of income and etc.

4
FSSP may refuse to open enforcement proceedings if:

  • executive list is filed without a statement;
  • the statement does not have the signature of the recoverer or its legal representative acting on a notarized power of attorney;
  • the charter appealed to the FSSP department not at the place of execution of executive actions;
  • expired the deadline for the executive list;
  • the sheet contains errors, typos, there are no necessary data, the seal of the court, the signature of the judge.

5
In some cases, it is possible to accomplish independently:

  • If it is known, in which bank is open from the debtor, contact this financial institution with the requirement to write off the amount of debt amount. In the application, specify the details for transferring funds, passport data, the requisites of the executive list. Attach the executive list.
  • If a debtor's work is known or another source of its income, and the amount of debt over 25,000 rubles, a statement on the transfer of funds and the executive list to direct the organization's accounting department.

The process of obtaining money by the court decision is long and largely depends on the will and desire of the recoverer. We are regularly interested in the bailiff on the executed events for recovery, the inaction of the bailiff can be appealed to his head or in court.

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