When the court decision comes into force, the stage of enforcement proceedings begins. You can obtain a writ of execution and collect money based on it or entrust this to a bailiff.

When you receive the writ of execution, check that the data is formatted and written correctly. It must indicate the name of the court, the name of the case and its number, the date of adoption of the document, the date of its entry into legal force, information about the parties, the final part, the date of issue of the document, the signature of the judge and the official seal of the court. WITH full list The requirements can be found in the Federal Law “On Enforcement Proceedings”. Open article 13. You can try to present the writ of execution to the debtor yourself or send him a copy of the writ by registered mail if the amount of the debt does not exceed 25,000 rubles. He will receive the document against signature. If you are unable to reach an agreement with him personally or the amount of debt exceeds 25,000 rubles, you will have to act in other ways. If the debtor works officially and you know his place of work, you can send ordered letter the debtor's employer.

If you know exactly in which financial organization the debtor has an account, you have the right to come to the branch of this bank and provide the original writ of execution. It must be accompanied by an application for recovery Money from the debtor's account to your benefit. Bank employees will give you a sample for writing an application.

If you do not have information in which bank the debtor has an account, you can request it from the tax office at the place of his registration. You will be asked to write an application to obtain the necessary information and provide a certified copy of the writ of execution. You will receive information within three business days.

When the financial institution receives your application, the required amount will be transferred to you within three working days using the specified details. If the bank doubts the authenticity of the document, the transfer may take up to seven days. During this time, employees will check the accuracy. But this method of execution is only possible if the debtor has sufficient funds. If this is not the case, the bank will return the writ of execution to you with a note of complete or partial non-fulfillment.

You can recover a sum of money through the bailiff service, which is located at the location of the debtor. If you are going to act this way, take your passport and the original document of execution with you. You will be asked to write an application and provide your bank account details. If you know, you can indicate the location of the debtor and provide information about his bank accounts. The debtor can transfer money to the bailiff in cash.

Within three days, the bailiff must initiate enforcement proceedings. For this purpose, copies of the relevant resolution will be sent to you and the debtor. If the debtor does not comply with the requirements within five days, the bailiff will begin the enforcement procedure. He can make an inventory of the property and put it up for auction, freeze bank accounts, force the debtor's employer to deduct the amount from the salary, etc.

Within two months, the bailiff must collect the required amount from the debtor. If this does not happen, you can complain to the senior bailiff or write a complaint to the court or prosecutor's office.

Remember that the writ of execution is only valid for three years. If during this time you do not present it to the debtor and do not receive the debt, you will have to go to court again with a request to increase the time period based on the already rendered court decision.

Winning the trial is only half the battle. Or, more precisely, the beginning of a business. It is much more important to receive what is awarded. Most of court decisions establish the obligation of the losing party to pay the winner a sum of money. For example, to repay the debt on payment for the delivered goods, compensate for losses or return what was received unreasonably.

We will talk about relatively simple and quick ways to receive the awarded amount in this article and in its continuation.

First of all, let’s make a reservation that the proposed methods are only suitable if your debtor is a legal entity.

As you know, many losers in court do not seek to settle accounts with their creditors. No surprise! If a person did not want to pay his obligations and forced you to go to court, then it is unlikely that his behavior will radically change and he will voluntarily pay off his debts.

In our country, a bailiff service has been created, which is designed to replace the absent will of the debtor to fulfill his obligation established by the court. But bailiffs are part of the state apparatus, and their work raises many complaints. First of all, in terms of deadlines. Considering that bailiffs send most documents by mail, the traditional slowness of civil servants is superimposed on the slowness of this organization. And in in this case Minus for minus does not give a plus, but an even greater minus.

In addition, bailiffs are very limited in the means of collecting information, and all efforts to find it often come down to drawing up requests to the traffic police and the Federal Tax Service. Accordingly, the speed of collection in the process of interaction between these services (don’t forget about Russian Post!) slows down exponentially.

Another difficulty when contacting the bailiff service is related to the Russian peculiarities of building business structures. Thus, often contracts with consumers are concluded by a legal entity, authorized capital which is equal to 10,000 rubles, and all property is reduced to a computer and a set of office furniture. And to own property within the holding, special companies have been created that are not involved in economic activities.

So, you have a writ of execution to collect a certain amount of money from the defendant. It’s not worth going to the bailiffs right away and handing it over to initiate enforcement proceedings for the above reasons. What should we do with it?

One of the ways to receive the awarded money from the defendant organization is to present a writ of execution directly to the bank where this organization has an account through which the funds are moving (in principle, this method is also applicable to the debtor-individual, but in practice it was not possible).

This method is good for its simplicity: to implement it, it is enough to know only the account details of our counterparty. Typically, such information is specified in the contract. Considering that most disputes are related to non-fulfillment or improper fulfillment of obligations under contracts, it can be assumed that you will know which bank the debtor is serviced by.

The right to bring a writ of execution directly to the debtor’s bank is provided for in Article 8 of the Federal Law “On Enforcement Proceedings”:

A writ of execution on the collection of funds or their arrest may be sent to a bank or other credit organization directly by the recoverer.

Along with the writ of execution, an application in free form should be submitted to the bank.
The application must indicate:

1. details of the claimant's bank account to which the collected funds should be transferred;
2. surname, first name, patronymic, citizenship, details of an identity document, place of residence or place of stay, taxpayer identification number (if available), details of a migration card and a document confirming the right to stay (residence) in Russian Federation claimant-citizen;
3. name, taxpayer identification number or code of a foreign organization, state registration number, place of state registration and legal address of the claimant - a legal entity.

An important point is that if the application is submitted by a representative, then he must indicate the above information not only in relation to the claimant, but also about himself. And, of course, present the original power of attorney, which will contain special authority to present the executive document.

The bank is obliged to accept your writ of execution with your application. Be sure to make a copy of the application, on which the bank will put an acceptance mark. Then wait three days. This is the period provided for by the Regulations on the procedure for acceptance and execution by credit institutions and divisions of the Bank of Russia settlement network of enforcement documents presented by creditors.

If everything goes according to plan, then you will receive the awarded money, and this will be a happy ending to the saga.

If it turns out that the debtor does not have or does not have enough money in his account, then a notarized copy of the writ of execution will be useful to you. You can contact the Federal Tax Service inspectorate at the place of registration of the debtor with it to obtain information about his accounts in other banks. This right is provided for in paragraphs 8 and 9 of Article 69 of the Federal Law “On Enforcement Proceedings”:

If there is no information about the debtor’s possession of property, then the bailiff requests this information from the tax authorities, other bodies and organizations, based on the amount of debt determined in accordance with Part 2 of this article. At the same time, the bodies implementing state registration rights to property, persons keeping records of rights to securities, banks and other credit organizations, the bailiff requests the necessary information with the permission in writing of the senior bailiff or his deputy. The claimant, if he has a writ of execution with an unexpired deadline for presentation for execution, has the right to apply to the tax authority with an application for the provision of this information.

Collect debts in judicial procedure– it’s not always easy. Few people know that the presence of a “winning” court decision does not guarantee the end of the debt recovery story, but is only its beginning. Many people have to get acquainted with the domestic post-trial period, called “Enforcement proceedings”, which consists of the activities of state bodies for debt collection, namely the bailiff service.

Of course, there are cases when a conscientious defendant, having learned about the court decision, voluntarily repays the debt without forced execution. But the realities of reality are such that debtors repay debts only as a last resort, when they have nowhere else to go. In these cases, forced debt collection comes in handy.

The debt collection procedure begins with the court issuing a writ of execution. This document is the legal basis for starting forced debt collection.

The writ of execution is issued to the plaintiff or, at his request, is sent to the bailiff service.

Before submitting a writ of execution to the bailiffs, it must be said that there are other options for debt collection.

Thus, if he has reliable information about the debtor’s bank account, the law allows the claimant to independently send a writ of execution to the debtor’s bank. In this case, you need to send an application to the bank, attaching a writ of execution to it. Provided that the application is completed correctly and all details are indicated in it, the bank will transfer the debtor’s available funds to your account.

If the details of the debtor's bank account are unknown, the claimant, if he has a writ of execution, has the right to contact the tax authority with an application to provide this information. This possibility is provided for by Part 8 of Article 69 of the Federal Law “On Enforcement Proceedings”. That is, you can independently send an application to the federal tax office where the debtor is registered, and in response you will receive a list of the debtor’s current accounts. Since according to current legislation banks are required to inform the tax inspectorate about the opening of accounts by legal entities and individual entrepreneurs, then the tax office has up-to-date data. Find out which tax office You can submit a request in the Unified State Register of Legal Entities and Individual Entrepreneurs. Having received an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs, this information can be seen in the “Information on registration with the tax authority” section.

Having received a response to the request from the tax authority, you can fill out an application for presentation of the writ of execution to the bank and send it there. All you have to do is wait for the bank to transfer the money to you.

This method is the simplest and most relevant if the debtor conducts economic activity and money is received into his accounts. The situation can become more complicated if the debtor does not maintain bank account transactions. In such cases, the bailiff service is involved. Due to the burden on the bailiff service, debt collection through this method can take a long time - from several months to several years.

The lawyers of our company provide support to the case at the stage of enforcement proceedings, sending various petitions to the bailiff service, and, if necessary, complaints against the bailiffs themselves.

To begin with, it must be said that an application with a writ of execution is submitted to the bailiff department at the place of registration of the debtor. After receiving the application and writ of execution, the bailiff will issue a decision to initiate enforcement proceedings and carry out the standard set of actions:

- will make requests to the tax office demanding information about the debtor’s place of work,

- similar in Pension Fund,

- to the State Security Inspectorate traffic(about transport),

- to Rosreestr and to banks (about existing real estate and funds).

In this case, requests are usually sent not to all, but to the most famous banks, but you are not deprived of the right to apply for a request to a specific bank.

After some time (usually takes several months within a year), the bailiff will receive answers with the wording “No information available” and after a year he will issue a decision to end the enforcement proceedings due to the impossibility of establishing the location of the debtor’s property. This does not deprive the right to submit an application with a writ of execution again.

However, if you wait and do not take an active part in enforcement proceedings, the situation described above will arise and you will never collect your debt. To collect a debt, you need to take an active part in enforcement proceedings - interact with the bailiff by filing petitions, complaints, and providing transport to go to enforcement actions. The lawyers of our firm will help you competently prepare all these procedural requests. You only need to provide all available information and scans of documents. We recommend that you include all available information about the debtor and his property in the application to initiate enforcement proceedings.

Each bailiff has thousands of enforcement proceedings that require requests and enforcement actions.

For example, write a request to travel to the debtor’s location in order to search for property. Anyway, best option– contact a qualified lawyer who will help you interact with government agencies and understands how they work.

Why should you choose us?
Our company has been collecting debts for more than 10 years. During this time, we were able to carefully study all the tactics for protecting property interests used by the creditor. Having been on opposite sides of the barricades in debt disputes more than once, we have thoroughly studied methods of influencing the debtor and methods of confrontation with credit organizations. Professional knowledge and extensive practical experience allow us to achieve success in business through legal means.

Debt collection of all types and sizes.
We work with alimony debts for minor children, non-payment of debt obligations, monetary compensation for damage caused, and unfulfilled terms of a business contract. Whatever the amount of debt, our lawyers carefully study the reasons for the current situation and develop a plan for further action to resolve property disputes.

Repayment of debt to as soon as possible.
We are interested in our clients receiving their money back as quickly as possible. We will help you return small debt amounts (up to 5 thousand rubles) in 2-3 weeks, larger ones (10-50 thousand rubles) within 1.5 months. The debt repayment procedure is carried out legally without exceeding authority and introducing penalties.

Professional support from specialists.
We handle turnkey cases or provide assistance at any stage. The specialists of our company are just as interested in a positive result as you are. We guarantee careful attention to each client and provision of qualified legal assistance.

Debt collection from legal and individuals.
We work with debt repayment in favor of government and financial institutions in the event of citizens’ delay in paying utility bills and fines, violation of loan obligations and deadlines for depositing funds for rented premises. Another area of ​​our activity is the settlement of monetary disputes regarding third parties.

Debt collection at any stage and any statute of limitations.
We handle cases in pre-trial and judicial proceedings, including negotiations, filing a claim or representing the client’s interests in a judicial authority. You can contact us for help if the case has already been transferred to court or is at the stage of enforcement proceedings.