Многих граждан нашего государства интересует the question of what actions should be taken after they receive a writ of execution. What to do next and where to go with this document in order to get the amount due to them by the decision of the judicial authority? In this situation, the most correct solution to this issue will be to send the writ of execution to the bailiff service or to the bank where the debtor’s accounts are located. In some cases, for example, when it comes to the payment of funds for the maintenance of children, many women prefer to immediately transfer the specified document to the father’s place of employment, who is obliged to transfer alimony. Read more about this in this article.
Entry into a legal authority’s decisionforce always ends with the plaintiff, the winning process, receives a writ of execution. What further to do in such a situation, the claimant often simply does not know. After all, the struggle to receive money or property does not end here, but only begins.
It is good if the respondent is working andvery wealthy person, has an apartment, car, cottage and other real estate. But what about when the debtor is not officially employed anywhere and there is simply nothing to recover from it? In this situation, it is simply impossible to do without the help of the bailiff service, but even these officials cannot always influence a person and make him pay off the debt.
In this case, the decision of the judicial authority enterseffective immediately. After all, here we are talking about protecting the interests of minors, who are entitled to receive material assistance from both parents up to the age of 18. On the same or the next day, the legal representative of the child (most often it is the mother) receives a writ of execution. What to do next, the parent of the baby in some cases also does not know. If the second parent of the child works, then the claimant can carry this document directly to the accounting department at the place of employment of the debtor. In the case when people do not live together for a long time, and the child’s mother does not know where her ex-husband is, it would be best to send an execution sheet to the bailiffs. Of course, it will take more time, but, nevertheless, it will be much more effective than an independent search for the defendant.
There are also situations when the parent of a childhaving information that the former spouse has accounts in a banking organization, he contacts the bank after receiving a writ of execution for the maintenance. What to do next, if there was no positive response from the employees here? It is best to contact the bailiffs. They will make inquiries for all instances and will themselves find all the debtor’s accounts and property, if he has one.
By law, a recoverer who knows about the place of workthe debtor, can independently transfer there the document after he receives the writ of execution on his hands. What next to do an accountant in this case? First of all, an employee of the organization should carefully examine the document, and if everything is written correctly and the debtor really works in the organization, take the writ of execution and put it in storage in the safe. In addition, the recoverer is obliged to write an application and attach their details for the transfer of funds. This is done in the case when the claimant independently handles the document at the place of work of the debtor.
If the order is sent by the courtthe bailiff, then the accountant, after receiving it, is obliged to send the latter confirmation that he received the sent papers. This is done for three days.
It should also be noted that from the incomethe debtor shall not be charged more than 50% of the debt repayment. This rule applies to payments for maintenance obligations. After all, the debtor is the same person, and he needs to live on something.
The judicial authority issued the plaintiff with a writ of execution.arms. What to do next, if the recoverer does not know where the debtor works, in which bank are the accounts of the latter and do they have any? Lawyers advise in this case not to hesitate and contact the bailiffs immediately. But there is one nuance. You must send the writ of execution only to the bailiff service that operates in the territory where the defendant lives. As a rule, the address of the debtor can be obtained from the statement of claim, it is also always indicated in the sheet itself.
If the claimant does not have time tovisit the bailiffs department, it is best to seek the help of a competent lawyer. Another option is to send an executive document to the bailiff service by mail. In this case, you need:
- write a statement (in free form);
- Attach a copy of bank details for transferring amounts;
- attach a writ of execution to the package of documents.
You need to send a letter with an attachment list. Then, most likely, none of the attached documents will be lost.
As mentioned earlier, not all citizens knowabout what actions need to be taken after receiving the writ of execution on your hands. What to do next, not to pull over time and quickly get their "hard-earned" money or property?
First of all, the claimant should not forget aboutthat this document has its validity period. In other words, if you submit a sheet for execution after a given period of time has expired, the bailiff will return it. For example, if the case concerns the collection of accounts payable, the bank must transfer the document to the service no later than three years after its receipt. At that time, the order of alimony will be valid until the child becomes an adult. And even when the latter is 18 years old, his mother will be able to collect from his father money for the maintenance of the child over the past three years.
First he can appeal the decisionjudicial authority until such time as it has entered into force. If this does not happen, then he cannot be forced to collect the debt. This is especially true when the defendant simply refuses to voluntarily transfer money to the claimant, despite having the financial ability to do so.
В подобной ситуации приставы, как правило, send requests to all services (traffic police, Rosreestr, tax, banks) and receive answers. If no property is listed for the debtor, and it is simply necessary to execute the court decision, then civil servants go to the last stage of their actions and arrest the property at the place of residence of the defendant. Return your household items, he can only through the court or after repayment of the amount owed. Also, the latter will not be able to travel outside the state.
Therefore, many debtors prefer to payfunds to the claimant voluntarily, because the plaintiff has already received a writ of execution. What should the respondent do next, if the other party of the proceedings refuses to contact him and passes the document to the bailiffs or at the place of work? In this case, you just need to pay the debt in parts, as well as ensure that the accounting department makes deductions from the salary on time and transfers it to the collector.
Всегда разрешается только в арбитражном суде.A decision is made and a representative of the organization (the claimant) receives a writ of execution. What to do next? The arbitral tribunal, when reviewing a claim, always provides the parties with the opportunity to complete the case peacefully, when issuing a decision, also recalls the time limits for appeal. The recovery organization, after the decision enters into force, directs it to the bailiffs, who are already working with another debtor company.
Most often, such disputes occur between government agencies that are engaged in providing the population with heat, water, electricity and campaign management.
Currently, not all borrowers are trying totime to pay off a loan taken earlier. This can be due to both the deterioration of the financial situation and the simple reluctance to return the debt to the bank. In this case, the credit institution is forced to seek help from the judicial authorities. After the decision comes into force, the claimant receives a writ of execution. What to do next? The bank, as a credit institution, transfers the document to the bailiffs through its representative In this case, the debtor will be forced to transfer funds for a loan taken earlier.
