23.06.2017

Once the court has made a decision, it must be executed. However, the guilty party does not always do this voluntarily. Then the bailiffs take over the case and enforce the decision.

Once the court has made a decision, it must be executed. However, the guilty party does not always do this voluntarily. Then the bailiffs take over the case and enforce the decision. When it comes to debt collection, you can apply for execution of the decision to the bank where the debtor’s funds are deposited.

Which option to choose and what to do if the culprit of your problems is inactive? Our material is devoted precisely to this topic.

First, let’s remember what a writ of execution is. This is a document made on special paper with watermarks and seals, which guarantees the injured party the execution of a court decision, resolution, sentence. It must contain a certain set of information.

• The operative part of the decision in the case;
• The name and contacts of the court, for example, the district court of St. Petersburg, where the trial took place;
• Number of the writ of execution and date of its production;
• Day of announcement of the decision and entry into force;
• Information about the creditor and debtor.

Here you can see what a writ of execution (sample) looks like!

Important! When several plaintiffs and their opponents are involved in the process, an equal number of writs of execution will be prepared.

Issuance of a writ of execution

How to obtain a writ of execution? The claimant has the right to do this only when the judge’s decision comes into force! Otherwise, the sheet will be invalid and it will be revoked. The exception is when the decision must be implemented immediately after its announcement. For example, this applies to cases of alimony debts or labor disputes.

The plaintiff can go to court himself to obtain the writ. You need to show your passport and submit to the court that heard the case an application for the issuance of a writ of execution.

Important!Performance list Instead of the claimant, the claimant may be taken by his authorized representative. It is better if it is an experienced, qualified lawyer. The power of attorney must be issued by a notary. At the request of the claimant, the court also has the right to send a sheet for execution.

If you still decide to get the sheet yourself, remember that the application for its issuance must be prepared in two copies. Give one copy to the court employees, and on the second they will note that the claimant’s appeal has been accepted. Don't lose it!

There is another way - you can send an application to receive the sheet by mail in a valuable letter. As usual in such cases, you need to make an inventory of the contents of the message to avoid possible discrepancies and take a receipt for sending the letter.

In the application, you can indicate the method of receiving the document - during a personal visit to the court, by mail, or the writ of execution will be immediately handed over to the bailiffs. Get ready - you'll have to wait a few days. In fact, the court should issue a writ of execution as soon as the “verdict” receives legal force. But the courts are usually very busy.

But if the transfer of the sheet is delayed for too long, you need to act - send a complaint to the chairman of the court. Will begin internal audit, the results of which must be reported to the claimant.

Important! Do not rely on the literacy and experience of court workers. Human factor and this might work! You need to check the writ of execution and all the data in it - about the claimant, the debtor, the case number... If errors are found, the document may be declared invalid. Therefore, the most reliable thing is to seek advice from a lawyer.

By the way, if the plaintiff who received the writ of execution, as well as the debtor, does not understand something in it, he has the right to receive an explanation in court. To do this, he must apply there with an application. The appeal must be examined within 10 days at an official meeting.

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What if the writ of execution is missing?

It happens that the plaintiff loses the writ of execution. Then you need to submit an application to the court to obtain a duplicate. Be sure to send it before the deadline for submitting the sheet for production. It’s another matter when the bailiffs lost the sheet. Then you can count on a copy even after the mentioned period. But! Within a month after you learn of your loss.

The judge will consider the application for a duplicate within the next 10 days after receiving the application. The court must understand the circumstances of the disappearance. All persons involved in the process will be invited to the meeting. Although if they do not show up, this will not be a reason for not receiving a duplicate.

Important! Based on the results of the meeting, the judge will make a decision to issue a duplicate or refuse to do so. In case of refusal, this decision can be appealed.

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Transfer of writ of execution to bailiffs

How does collection under a writ of execution occur? As we have already said, the plaintiff either takes it to the bailiff service and submits an application for debt collection, or the document is sent to them by court employees.

Important! If the collector knows something about the debtor that will help in the return of funds, you can mention this in your appeal to the bailiffs. For example, if he knows his current place of residence, telephone numbers, bank account.

The applicant will be assigned a bailiff who will conduct enforcement proceedings. He can seize the debtor’s bank account in order to hold funds, seize personal belongings, sell them, block travel abroad...

Important! The period for execution of the writ of execution is 3 years after the judge’s decision enters into legal force.

At the first meeting with the bailiff, the applicant needs to give him the details of his bank account, to which, after the debts are returned, payments under the writ of execution will go.

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For collection - to the bank or to the bailiffs?

The law allows you to present the sheet not only to the bailiffs, but also to the bank (FZ-229 “On Enforcement Proceedings”). But we must remember that you can apply for collection only to the financial organization where the debtor has an account.

Creditors often doubt in which case the plaintiff will receive money faster? There is no definite answer; it is better to consult a lawyer. But let's look at the pros and cons of these two methods of debt collection.

In the case of a bank, debt repayment is convenient because the credit institution will be obliged to transfer the money to the plaintiff. And this can happen in a matter of days! But if the debtor - individual, making it more difficult. The average person is not required to provide the Federal Tax Service with information about their bank accounts, unlike legal entities.

Therefore, you first need to send a request to the Federal Tax Service about the debtor’s bank accounts. Tax authorities are required to provide this data within a maximum of 10 days in accordance with the already mentioned Federal Law-229. Along with the request, you must send a writ of execution or a copy thereof. It must be certified by a notary.

Tax specialists may indicate several accounts of the debtor in the request and not specify whether they are active or whether funds are flowing through them. It is possible that these accounts have not been used for a long time. And if you submit a sheet to the “wrong” bank, you may not receive collection.

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How is a writ of execution submitted to the bank?

It is necessary to prepare an application in a special form in 2 copies and attach to it the original document of execution and a copy of the passport. This package of documents must be submitted to the reception of the credit institution.

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When a dispute between the parties cannot be resolved peacefully, the matter comes to court. But winning a lawsuit is only half the battle. It is important that a court decision that has entered into legal force does not remain on paper, but is implemented in practice. This is done on the basis of a document issued to the claimant - a writ of execution.

Performance list is a special document based on a decision of a judicial authority, which indicates the parties to the dispute, their legal rights and obligations, as well as the subject of execution. Issued by the Arbitration Court or courts of general jurisdiction in civil, criminal or administrative cases.

It is important to note that obligations may be imposed not only on one of the parties involved in the proceedings, but also on a third party who was not personally involved in the case. So, for example, the accounting department of an enterprise in which the debtor works may be ordered by the court to withhold a certain percentage from his wages Money and transfer this amount to the claimant. The obligated party is often banking institutions that block the accounts of their clients until their debt is paid to the demanding party, or write off amounts from the account holder in favor of the claimant, for example, when the court has considered claim against the insurance company.

The types of writs of execution also include a notarized agreement on the payment of alimony.

Why do you need a writ of execution?

Receiving a writ of execution is not a mandatory action, however, it is the basis for the forced execution of a court decision - the initiation of enforcement proceedings. It, in turn, gives a lot of advantages to the party intending to collect the debt:

• Right to receive full information about the size of the debtor’s property, his official income;
• The right to receive data on the organization’s cash accounts and its financial transactions;
• The right to seize the debtor's property;
• The right to initiate bankruptcy proceedings.

Rules for issuing a writ of execution

The writ of execution is issued by the judicial authority in which the case was considered. According to Article 428 of the Code of Civil Procedure Russian Federation, you can receive it in your hands on the day when the court decision entered into legal force, except for cases where the court decision is subject to immediate implementation. For example, in situations with illegal dismissal and subsequent reinstatement of the employee in his position. Cases when employees of the Court Office refer to weekly or even monthly deadlines for issuing of this document illegal!

It is prohibited to issue a writ of execution before the judicial act comes into force. In this situation, the document will be considered void and not enforceable.

A writ of execution is issued at the request of the person in whose favor the judgment was made. It is important that it can be either the plaintiff, who won in court, or the defendant, in whose favor the outcome of the case was decided. The latter may request from the court this act, for example, to recover from the plaintiff the amount of expenses he spent on legal costs.

You can receive the writ of execution in person or by sending a corresponding request by registered mail.

The procedure for issuing IL may have a number of features related to the work of a particular court. It happens that all the nuances associated with it can be resolved through the assistant judge and then, following his direction, come to the Chancellery to get the paper. Sometimes writs of execution are issued by appointment. But in most cases, writing an application is still required. It is submitted to the secretary of the Judicial Office, and the time for receiving the result is also specified there. This can be done either by one of the parties personally participating in the process or by its representative on the basis of a power of attorney.

Like any other official appeal, the application is submitted in a strictly prescribed written form. There is nothing complicated in its content, and you can cope with writing it yourself. The main thing is to provide the following information:

• Names of the court;
• Full name of the plaintiff, his address, other contact information (for legal entities - name of the organization, legal and actual addresses);
• Full name of the defendant, his address and other contact information (for legal entities - name of the organization, legal and actual addresses);
• Serial number of the case;
• Title of the document;
• Content: name of the court that made the decision, date of the decision, full names of the parties, reason for the legal dispute, request for the issuance of a writ of execution;
• Appendix (payment receipt state duty, if a duplicate of the document is required, and a copy of the court decision in the case);
• Applicant's signature and date of application. In the case when the request comes from a legal entity, the signature of its authorized representative, the seal of the organization.

The issuance of a writ of execution is issued upon receipt and upon presentation of documents proving the identity of the applicant and his legal representative. For each court decision, only one document is issued, but if there are several creditors, then - to each of them. Also, several copies are issued when debt collection is subject to implementation in several places, and on each sheet the name of the institution where it is sent is indicated.

Once you receive it in your hands, you should carefully check it for typos, inaccuracies and gross errors. It must include information about the judicial institution, the number and name of the case, the period for consideration and the date of entry into force of the court decision, information about the parties to the dispute, the resolution of the court decision, and the date of issue of the document. It also bears the judge’s signature and official seal.

If a writ of execution has already been issued, but for some reason was lost, then a duplicate of the document is issued upon application. The application is similar to the primary one, but the reason for receiving the copy must be indicated and a receipt confirming payment of the state duty, the amount of which is regulated by Article 333.19 of the Tax Code of the Russian Federation, is attached.

What to do next?

As a rule, our courts do not give clear instructions on what to do next with the writ of execution in hand. Therefore, having received the document, the interested person can proceed by choosing one of the options:

• Take action to collect the debt yourself. The law does not prohibit acting in this way. For example, when the claimant has information about the existence of open bank accounts in the name of the debtor. Then he has the right to contact the bank with an application to write off the amount of debt from his account, attaching a copy of the court decision and a writ of execution. If the amount of the debt is less than 25,000 rubles, then the writ of execution can be attributed to the debtor’s place of work or to another structure that is his source of income (Pension Fund of the Russian Federation, etc.).
• Contact a collection agency. Interaction with these structures in practice turns out to be more effective than working with government agencies, but it is worth saying that a special law regulating the activities of such agencies has not yet been adopted, so their actions are often semi-criminal in nature. Suddenly, the debt collector himself may find himself guilty, for example, of passing on information about him to collectors without the debtor’s consent.

FSSP: on guard of execution

Contacting the Federal Bailiff Service of the Russian Federation is the most common option and is convenient when the collector knows nothing about the debtor’s income or property.

You need to contact the department territorially assigned to the debtor’s place of residence, the location of his property, the legal address of the company or its branch. Here you will need to write another application - with a request to open enforcement proceedings. It contains the same information that the IL contains and a description of the actions that the bailiff must perform. You will also need to provide the details of your bank account where you can transfer the collected debt.

A response must follow within three days - either confirmation of the initiation of enforcement proceedings, or a reasoned refusal.

If the review of the application by the FSSP body is positive, the bailiff begins his work:

1. Proceeds with the direct execution of the court decision. For example, when the court requires the debtor to vacate the premises.
2. Sends requests to authorities that have information about the debtor’s income. Once they are established, it sends requests for assistance in debt collection.
3. If the debtor does not have open bank accounts or real estate, then a FSSP employee is sent to the place of his registration for an inventory, seizure and further sale of the property located there ( Appliances, household items, etc.).

Revocation of IL: postponement or termination

It often happens that in the process of enforcement proceedings it becomes necessary to revoke the writ of execution. Why this happens is reflected in Article 46 of the Federal Law “on enforcement proceedings”:

• If a peaceful settlement of the issue is reached between the parties;
• When the creditor wishes to stop the collection procedure for a while;
• If the claimant refuses to retain the property received from the debtor during the work of the FSSP bodies;
• If it is impossible to establish the location of the debtor, his property;
• If the debtor does not have property on which execution can be imposed;
• If the debtor is a citizen of a foreign state and at the time of initiation of enforcement proceedings was expelled from the Russian Federation or has no citizenship at all.

Moreover, according to the same article of the Law, the revocation of a writ of execution is not an obstacle to its re-execution within the time limits specified in Article 21 of the Federal Law “On Enforcement Proceedings”. When the process is resumed, the expired period is counted towards the new deadline.

If the work of the bailiffs is ineffective

Despite the fact that forced collection of debts by court decisions is the direct responsibility of FSSP employees, the result of their activities has to wait quite a long time. And the longer this process lasts, the easier it is for the debtor to “hide” his property from you. That is why it is important to immediately indicate all known information about the defaulter and inquire about the progress of the bailiffs’ work. If it is established that the bailiff does not properly fulfill his official powers, does not take measures to collect the debt, you can complain about his inaction to his supervisor, the Prosecutor's Office or the court. Practice shows that it is most effective to contact all three authorities at once.

Expiration date of the writ of execution

There are deadlines for submitting writs of execution, which may vary. It is generally accepted that this is three years from the date of the court’s decision. But, for example, sheets for acts of arbitration courts can be presented only for three months, and judicial acts for administrative offenses - for a year.

It is not always advisable to submit a writ of execution to bailiffs. As already noted, under some circumstances, presenting the IL directly to the debtor, bypassing intermediaries, significantly speeds up the process of receiving debt payments. This is especially true when in court a claim was filed against the insurance company.

If during the trial you used the services of , we recommend that you do not refuse its services after the court decision is made. He is the one who will help as soon as possible organize collection of insurance compensation. However, if circumstances force it, you can present a writ of execution to the insurance company without outside help.

As practice shows, collecting a debt from an insurance company through the bailiff service is a matter of one and a half to two months, and sometimes even longer. If you contact the insurer directly, you can receive the money within 10-14 business days. There are cases when the duration of the process of executing a court decision was only three working days.

So, the due insurance compensation can be recovered from the insurer only after the expiration of the period. Accordingly, from the moment the court decision is announced, you must wait ten days. Then the writ of execution can be safely sent to the insurance company.

The presence of a writ of execution is an important condition for guaranteeing prompt payment. Today, most insurance companies categorically refuse to compensate their clients for losses based on a court decision alone. In a timely manner submit a writ of execution to the insurance company– means significantly saving your own effort and time, eliminating the need to visit the insurance authority once again.

List of required documents

The following must be attached to the original writ of execution:

• Application with a request to make the appropriate payments due to you in court - 2 copies. Typically, insurance companies provide ready-made application forms where you only need to enter the necessary information. If a sample is missing, please note that the application indicates the recipient (name of the insurance company), the bearer (full name or name of organization, address, contact phone number). The following is a statement of the demand for due payment with reference to court documents and an indication of the exact amount of payment. You also need to indicate the method of receiving payment: if through a bank, then write the details, if in cash, then this is written in the text of the application. In the conclusion, the entire list of attached documents is listed, signed and dated.

Applications are submitted to the secretary, and one copy is marked as having been received. This is proof that the application has been accepted.

• Copy of the court decision
• If the documents are submitted by a representative of the injured party, then it is necessary to have a copy of the power of attorney giving him the right to act on your behalf.

Complex cases

In any case, the court ruling is binding, but, unfortunately, it happens that insurance companies refuse to fulfill the obligations imposed on them by the judiciary. There is a way out, let’s look at some illustrative examples.

1. If the insurance company refuses to pay, contact the bank in which it has its accounts with a statement containing a request to transfer the amount of debt from its accounts to yours. writ of execution in in this case will be a weighty argument, and the bank will be obliged to accept it and fulfill its requirements. An important nuance: the application must be marked with the date and time of its acceptance. This is necessary as a safety net so that the insurance company does not have time to transfer all its funds to another place.
2. If the company goes bankrupt, send your demands to the controlling organization. For example, in the case of car insurance, to the Russian Union of Motor Insurers.
3. If the insurance company has lost the application or writ of execution, show it a copy of the application with a note indicating its receipt. You can insist on making payments based on a court decision, but if the insurance company does not agree, demand a written explanation of when and for what reasons the documents were lost. If, for example, documents were lost due to the fault of an official, it is easier to take a copy of the writ of execution and provide it again to the insurer. Or you can wait until the document is found and accepted for consideration again.
4. If the insurance company has paid part of the debt and refuses the rest. It is immediately worth noting that the payment they made is already recognition of the court decision as legal. If they insist otherwise, let them appeal. You can resort to revoking the writ of execution, contact the bailiffs, entrusting them with the investigation in this situation, or take a duplicate of the document and go with it to the bank where the insurer has accounts, demanding repayment of the remaining amount. Alternatively, you can hold a legal entity liable for failure to comply with a judicial act, but in this case, qualified legal assistance will be required.

These are not all the difficult situations that you may encounter when presenting a writ of execution to an insurance company. All the nuances cannot be described in one article; each case is unique. That is why, if the process of receiving insurance payment is not going as smoothly as we would like, we advise you to apply for. Then justice will prevail faster, and your nerves will remain intact!

So, you have a writ of execution in your hands. It would seem that the case in court has been won, a decision has been made in your favor, and now you can finally relax. The debtor is obliged to comply with the court decision by law, and there is nothing more to worry about...

In reality, everything is not so simple. Practice shows that the vast majority of debtors ignore court orders and still do not take any active steps to repay their debts.

In addition, after receiving a writ of execution, there are often cases when the claimant (that is, the party that won the case in court) does not know where and within what time frame it is necessary to present the writ of execution. And here there is something to be confused about: in court, as a rule, detailed information they don’t give it, limiting themselves to the phrase: “now go to the bailiffs” or they send you to lawyers. What to do if there is no way to seek help from legal advice? I suggest you figure it out yourself.

Deadline for submitting a writ of execution

By general rule, the deadline for submitting a writ of execution for execution is three years(v. 21). However, the law provides for a number of exceptions:

• Writs of execution issued by arbitration courts, for which the missed deadline for presenting the writ of execution for execution was restored, may be presented for execution within three months from the date the court issues a ruling to restore the missed deadline;
• Enforcement documents containing demands for the collection of periodic payments may be presented for execution within the entire term for which payments are awarded, as well as during three years after the end of this period;
• Judicial acts, acts of other bodies and officials in cases of administrative offenses may be presented for execution within one year from the date of their entry into force.

If the deadline for submitting a writ of execution is missed

Let's imagine a situation where the claimant decides to submit a writ of execution for execution, but more than three years have passed since the court decision was made, and, accordingly, from the day the writ of execution was issued. It turns out that he loses the right to initiate enforcement proceedings? Not necessary. First of all, you should contact the court that issued the writ of execution with an application to restore the missed deadline, where you should indicate for what reasons this deadline was missed. If the court considers the reasons for absence to be valid (for example, illness of the claimant, departure, etc.).

Who will help?

By law, the obligation to enforce judicial acts is assigned to the Federal Bailiff Service, in particular, to bailiffs (Article 5, Article 12).

It is the bailiffs, having a fairly wide range of powers, who are obliged to ensure the full and timely execution of court decisions.

Which service should I contact?

Because the federal Service bailiffs has a fairly extensive structure (for example, it includes the territorial bodies of the FSSP of the constituent entities of the Russian Federation, which, in turn, are divided into district, interdistrict and specialized departments), a logical question arises: which territorial division should the claimant apply to?

Legislatively, this issue is resolved as follows:

• If the debtor is a citizen, we contact the department of the bailiff service (hereinafter referred to as OSSP) at his place of residence, place of stay or location of his property;
• If the debtor is an organization, we submit the writ of execution to the OSSP at its legal address, the location of its property or at the legal address of its representative office or branch;
• If the debtor is obliged to perform any actions, we present the writ of execution to the OSSP at the place where such actions were performed (Article 33).

Rules for filing a writ of execution

Enforcement proceedings are initiated based on the claimant's application.

A sample of it usually hangs on the information stand in every OSSP.

For example, it might look like this:

To the Bailiff Service ____________

claimant: ____________________________

address: _________________________________

debtor: _______________________________

address: __________________________________

STATEMENT

on initiation of enforcement proceedings

I ask you to accept for execution the writ of execution for recovery from ______________________ issued by "___" ______________ 200___, Judge ________________ of the district court of __________________________ in case No. _______ and initiate enforcement proceedings on it.

Application:

1. Original writ of execution

2. Bank details of the claimant, to which the bailiffs will transfer funds received from the debtor.

"_____"_______________ 200__g. ____________________

In the application, you can also request the seizure of the debtor’s property, as well as the establishment of restrictions for the debtor (Article 30).

Don’t forget to take a copy of the application for enforcement proceedings, on which the OSSP office employee must affix a stamp confirming its acceptance, indicate the entry number and date, and also take your passport with you.

What if you do it yourself?

The Federal Law “On Enforcement Proceedings” gives the claimant the right in some cases to act independently without recourse to bailiffs.

For example:

• if you have information about the debtor’s accounts, you have the right to present a writ of execution for the collection of funds directly to the bank (Article 8);
• if the writ of execution provides for the collection of periodic payments or the collection of funds not exceeding twenty-five thousand rubles, you can send it directly to the organization or other person paying the debtor wages, pension, scholarship and other periodic payments (Article 9).

Practice shows that the work of the collector directly with the bank, department pension fund(in case the debtor receives a pension) or the debtor’s employer is the fastest way to enforce a court decision, so if you have any information about your debtor’s accounts, work, pension, scholarship, it makes sense to act without the bailiff service. Moreover, if your demand is not fulfilled or is only partially fulfilled, you will not lose the right to apply to initiate enforcement proceedings at the OSSP.

Let's sum it up

In order to force the debtor to execute a court decision, it is necessary to submit an application, the original writ of execution and a passport to the bailiff service. Moreover, if you have information about the debtor’s bank accounts, and also know where he works, receives a pension or scholarship, you have the right to act independently by presenting a writ of execution directly to the bank, employer, etc.

Part 1 of Article 428 of the Code of Civil Procedure of the Russian Federation

“A writ of execution is issued by the court to the recoverer after the court decision enters into legal force, with the exception of cases of immediate execution, if the writ of execution is issued immediately after the adoption of the court decision. The writ of execution is issued to the claimant or, at his request, sent by the court for execution.”

First, you need to submit an application for the issuance of a writ of execution. It can be submitted personally through the expedition or sent by simple registered mail 2-3 weeks before the decision comes into force to the court.

To the Kuntsevo District Court of Moscow
121351, Moscow, st. Yartsevskaya, 12, building 1

Plaintiff (applicant): ____________
Address: ____________

Representative of the plaintiff: _____________

Respondent: _____________

Application for issuance of a writ of execution
__.__.2016 The Kuntsevsky District Court of Moscow partially satisfied the demands of __________ to _____________.

According to Part 2 of Art. 199 of the Code of Civil Procedure of the Russian Federation, the preparation of a reasoned court decision may be postponed for a period of no more than five days from the date of completion of the trial of the case. According to Part 1 of Art. 209 of the Code of Civil Procedure of the Russian Federation, court decisions come into force after the expiration of the period for appeal, if they have not been appealed. That is, after one month from the date of adoption of the court decision in final form (Part 2 of Article 321 of the Code of Civil Procedure of the Russian Federation). Thus, the maximum period allotted current legislation for the entry of a court decision is one month and 5 days.
According to clause 9.3.2 of the Order of the Judicial Department at the Supreme Court of the Russian Federation dated April 29, 2003 No. 36 “On approval of the Instructions for judicial records management in the district court,” writs of execution are issued by authorized court employees and handed over to their destination no later than the next working day after the entry into force of a judicial act or after the return of the case from the appellate instance, and in cases where decisions are subject to immediate execution - on the day the decision is made.

On the basis of the above,
ASK:
— Issue a writ of execution and a copy of the court decision.

The plaintiff's representative by proxy ___________________________.

In the process of obtaining a writ of execution, it is necessary to constantly contact court employees directly or through a representative.

In courts of general jurisdiction, writs of execution are issued by the office of civil cases. In cases where judges take a long time to prepare decisions, and the court staff does not submit cases to the office on time, the writ of execution is prepared directly by the assistant judge. In such a situation, you have to communicate directly with the assistant judge, and in some cases with the judge himself. Most often, there are general court phone numbers available in the public domain, which can rarely be reached, so you can ask mobile phone assistant referee and call him. But this rarely happens. So, if you can’t get through by phone, then the only option left is a personal visit to the court. This method is more time-consuming, but more effective. Based on experience, court employees prepare documents much faster during personal communication than during telephone conversations and when receiving letters.

Often court workers do not have time to do their work. The courts are overloaded. Despite this, it is necessary to stand your ground, since otherwise there is a risk of waiting for the writ of execution indefinitely. Often, court employees do not know the procedural deadlines, citing employment and other reasons. In this case, it would be useful to remind them of the legally established deadlines:

Part 2 art. 199 of the Code of Civil Procedure of the Russian Federation: “The preparation of a reasoned court decision may be postponed for a period of no more than five days from the date of completion of the trial of the case”
Part 1 art. 209 of the Code of Civil Procedure of the Russian Federation: “Court decisions come into force after the expiration of the period for appeal, if they have not been appealed”
Part 2 art. 321 Code of Civil Procedure of the Russian Federation: “ Appeal, submissions can be submitted within a month from the date of the court decision in final form"
Clause 9.3.2. Instructions for judicial records management in a district court (Approved by Order of the Judicial Department at the Supreme Court of the Russian Federation dated April 29, 2003 N 36): “Executive documents are issued by authorized court employees and handed over to their destination no later than the next working day after entry into force a judicial act or after the return of the case from the appellate instance, and in cases where decisions are subject to immediate execution - on the day the decision is made.”

Sometimes court officials refuse to name the exact or at least approximate date of entry into force of the decision, and even more so, the date of issuance of the writ of execution. In this case, it is necessary to inform the person involved in your case that you are ready to take extreme measures to defend your rights and inform about your intentions to contact the chairman of the court as their immediate supervisor. If your warnings remain unheeded, then, having previously familiarized yourself with the reception hours, you must attend an appointment with the chairman of the court or his deputy. In a conversation with the chairman, all factual circumstances regarding delays and violations of procedural law should be outlined. It is necessary to convey to the chairman that you have no desire to write an official complaint against the actions of court employees, much less appeal to a higher court. There is a high probability that the chairman will help speed up the preparation process necessary documents and will bring clarity to the overall process. If the chairman could not help or did not want to, you will have to appeal to a higher court. Typically, if the delay is significant, these courts effectively expedite the work of lower courts.
After the writ of execution has been received, it must be presented for execution. Read more about this in our article

Civil Procedure Code of the Russian Federation:

Article 428 of the Code of Civil Procedure of the Russian Federation. Issuance of a writ of execution by the court

1. A writ of execution is issued by the court to the recoverer after the court decision has entered into legal force, with the exception of cases of immediate execution, if the writ of execution is issued immediately after the adoption of the court decision. The writ of execution is issued to the claimant or, at his request, sent by the court for execution.

A writ of execution for a determination on preliminary provision of protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography, is issued to the claimant no later than the next day after the day such a determination is made.

A writ of execution may be sent by the court for execution in the form of an electronic document signed by a highly qualified judge electronic signature in the manner established by the legislation of the Russian Federation.

2. The issuance of a court order for execution is carried out according to the rules provided for in Article 130 of this Code.

3. If a court decision provides for the levy of execution on funds from the budgets of the budget system of the Russian Federation, a copy of the court decision, certified by the court in the established manner, for the execution of which the writ of execution was issued, must be attached to the issued writ of execution. The writ of execution, together with a copy of the court decision for the execution of which the writ of execution was issued, may be sent by the court for execution in the form of an electronic document signed by the judge with an enhanced qualified electronic signature in the manner established by the legislation of the Russian Federation.

4. A writ of execution issued before the entry into force of a court decision, with the exception of cases of immediate execution, is void and subject to revocation by the court that issued the court decision.

5. Forms of forms of writs of execution, the procedure for their production, recording, storage and destruction, requirements for the formats of writs of execution sent for execution in the form of an electronic document are approved by the Government of the Russian Federation.

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Comments on Article 428 of the Code of Civil Procedure of the Russian Federation, judicial practice of application

After consideration of the case in the court of appeal, the writ of execution is issued by the court of first instance

Within the meaning of Article 428 of the Code of Civil Procedure of the Russian Federation, after consideration of the case in the court of appeal, including according to the rules of proceedings in the court of first instance, without taking into account the specifics provided for in Chapter 39 of the Code of Civil Procedure of the Russian Federation, a writ of execution is issued by the court that considered the case in the first instance.

Cm . paragraph 58 Resolutions of the Plenum of the Supreme Court of the Russian Federation dated June 19, 2012 N 13"On the application by courts of the norms of civil procedural legislation regulating proceedings in the court of appeal"

After consideration of the case in the cassation court, the writ of execution is issued by the court of first instance

Within the meaning of Article 428 of the Code of Civil Procedure of the Russian Federation, after considering a case in a court of cassation, including in the case where the court of cassation canceled or changed the decision of the court of the first, appellate or cassation instance and adopted a new court decision, a writ of execution is issued by the court that considered the case is in the first instance.

Cm . paragraph 29 Resolutions of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 N 29"On the application by courts of the norms of civil procedural legislation governing proceedings in the court of cassation"

When is a writ of execution issued by a magistrate, and when by an appellate court?

"Question 5: Which court should issue a writ of execution - a magistrate or an appellate court, if the appellate court changes the magistrate's decision or makes a new decision?

Answer: In accordance with Part 1 of Article 428 of the Code of Civil Procedure of the Russian Federation, a writ of execution is issued by the court to the claimant after the court decision enters into legal force, with the exception of cases of immediate execution.

The basis for issuing a writ of execution is judicial decisions adopted by the courts.

Consequently, the writ of execution must be issued by the court which, as a result of considering the dispute on the merits, issued a court decision, which is the basis for issuing the writ of execution.

Therefore, if the court of appeal changes the decision of the magistrate or makes a new decision, then the writ of execution must be issued by the court of appeal" (extracted from "Answers to questions about the practice of application by courts of the Code of the Russian Federation on Administrative Offences, housing and land legislation, and other Federal laws" , approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated November 23, 2005)