Sample 2021 application for sending a writ of execution to bailiffs

How to make a petition to the bailiff?

FSSP employees have fairly broad powers. A petition to the service is sent after the completion of legal proceedings at all possible levels, unless of course we are talking about securing a claim, then you can start working with the bailiff at an earlier stage (see the link for more details).

• the petition indicates the most complete information about the debtor, as well as the amount of claims determined by the court. This information is an auxiliary tool for the work of the bailiff. They can significantly reduce the time frame for material collection
• Every participant in enforcement proceedings has the right to contact the service, including persons in need of debt repayment, the debtors themselves or the legal representatives of these entities.

IMPORTANT : a writ of execution must be attached to the application if enforcement proceedings have not yet been initiated.

Application to the bailiff: order of the filing process and execution process

After submitting the documentation to the FSSP department, a bailiff for office work is appointed within 3 days. He prepares 3 copies of the resolution, which are sent to the plaintiff, defendant and the judicial authority.

Letter to bailiffs about the dismissal of a debtor - sample After this, the defendant is given 5 days to voluntarily fulfill his obligations. If this does not happen, then bailiffs begin the procedure to seize the debtor’s accounts and cards and take an inventory of his property.

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If more than 3 days have passed since the document was submitted, and enforcement proceedings have not yet begun, then the applicant should contact the senior bailiff with a complaint about the inaction of the subordinate.

It is important to know! The plaintiff has 3 years to initiate proceedings under the IL. The exception is alimony payments. In this case, the enforcement documentation can be submitted to the FSSP department before the child reaches adulthood and 3 years after, in order to collect the debt.

Application in .doc format is available

Rules for drawing up a statement of claim

The information that must be contained in the application form for opening enforcement proceedings for debt repayment is regulated by the Federal Law of the Russian Federation “On Enforcement Proceedings”. Its correct preparation can significantly speed up the process of searching for and collecting money from the debtor.

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A sample application to bailiffs for a writ of execution must be written on a standard A4 sheet and contain:

• a header with the name of the FSSP department, full name, address and contact information of the applicant and debtor;
• the body of the application with a request to accept the court decision for record keeping. You will need to indicate its details, the amount of funds that must be collected from the debtor, detailing the amount of the debt itself and the accrued penalties;
• the most detailed information about the debtor that is known to the applicant: telephone numbers used, addresses on social networks, bank accounts, address of residence, stay, etc.;
• list of documentation attached to the application: IL, its copy, copy of the claimant’s civil passport and other documents related to the case;
• Next, it is necessary to reflect the applicant’s demand to collect a debt in a certain amount from the defendant, indicating the account details where the funds must be transferred.

Attention! In the text of the document, the collector can display a request to apply restrictions against the debtor that prohibit leaving the country, seize accounts and property, and imply the suspension of a driver’s license.

If the petition is drawn up to withhold alimony payments for the maintenance of minors, then information about them (full name, date of birth) will be required in the text of the document.

Sample application to the bailiff service for a writ of execution

An application for sending a writ of execution to bailiffs can be drawn up according to the sample below.

To receive alimony

To support minor children, a parent has the right to demand monetary payments from the other party from the salary in court. Further, after receiving the IL, the alimony recipient can submit the documentation to the FSSP department to ensure payments. The bailiffs will open proceedings to collect child support and will monitor the order of its transfer. To begin paperwork, you need to write an application using the following sample.

This is also important to know:
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Form for collecting alimony payments

In most situations, the necessary documentation is sent to the employer of the alimony provider to remove the debt from the salary after it has been accrued. If the debtor believes that the required amounts exceed the needs of the children, then he can appeal the court's decision.

Another possibility of reducing the allowance for children is to send a corresponding request to the bailiffs. But if the alimony recipient takes the initiative to reduce payments, then he will be required to provide a written explanation of this action outlining the degree of participation of the alimony recipient in raising the children.

If the alimony payer has accumulated a debt, then to calculate it, the following sample petition should be submitted to the bailiff service.

Application form for collection of alimony debt

To open office proceedings against an individual

In the case where a court decision was made in favor of one individual to collect a debt from another individual, a request to begin paperwork according to the following sample must be submitted to the FSSP.

How to submit a petition to the bailiff?

A petition to the bailiff can be submitted in several ways.

Let's look at what methods exist:

1. Submit a petition through the office or reception service of bailiffs . You must submit it under the mark on your copy. This is a fairly reliable way of filing petitions, however, there are disadvantages that the bailiff may lose the petition, then it will be necessary to resubmit it
2. You can send your application by registered mail in Russia . This method is also quite reliable.
3. You can try to submit an appeal electronically through the personal account of the party to the enforcement proceedings . By accessing this resource on the website of the FSSP of Russia, you can read information that the personal account is under development, so everything may not always go smoothly when submitting electronic documents

In addition to these methods, you can duplicate the petition to the bailiff by email to a specific department of the bailiff service. However, if the bailiffs for some reason do not consider it, then in cases convenient for themselves they will refer to the fact that this method of filing petitions is not provided for by current legislation, so it is better to duplicate your petition using other methods of filing.

We do not recommend handing over the petition to the bailiff in person without a mark on your copy, since it may get lost, and you will not have evidence that the relevant petition was handed over to the bailiff.

Claiming alimony

With the help of the defense authorities, the claimant has the authority to demand from the defendant alimony for the maintenance of common minor children from the official income of the second. If the declared amounts seem too high to the defendant, he has the right to file a petition and challenge the claims.

The claimant himself can reduce the interest on alimony by sending a request to the FSPP. In this case, he must justify the reason for making the request and indicate how closely the respondent communicates with his children.

Expert opinion

Yurchenko Ekaterina Vasilievna

Deputy Chairman of the Committee for Debt Dispute Resolution and Crisis Management

At the same time, you can send an application to the head of the bailiff service to collect the debt, seize the debtor’s property, etc. The requirements must be fulfilled after the entire package of documents has been submitted.

The procedure for considering a petition by a bailiff

The procedure for considering applications by the bailiff is regulated by the provisions of Art. 64.1 of the Law on Enforcement Proceedings and is as follows:

• after the application is received by the bailiff department, it is submitted to a specific bailiff for consideration within 3 days
• The bailiff, having received a petition, the consideration of which falls within his competence, within 10 days makes a decision to satisfy the petition or to refuse to satisfy it
• a copy of the resolution on the results of consideration of the petition no later than the next day is sent to the participants in the enforcement proceedings

Despite the fact that the procedure for considering applications is regulated by law, it is most often not observed, i.e. bailiffs do not consider the application in a timely manner; they may prepare a decision retroactively and not send it to the applicant.

If the applicant wants all deadlines for consideration of his application to be met and to receive a bailiff’s decision, he must constantly remind the bailiff of his petition and ask him to hand over the decision to you. There are responsible bailiffs who do everything as expected and send a response by Russian post.

Is a bailiff always needed after a trial?

If the case is related to financial problems, then it is practically impossible to do without the participation of the enforcement service.

Practice has shown that an application to the bailiff service will have to be prepared in the following situations:

• credit institutions: when collecting overdue loans, fines and penalties or when foreclosure on collateral;
• a parent raising a child alone, in case of non-payment of child support by the other half and a court decision to pay the debt;
• employees of enterprises of all forms of ownership in case of wrongful dismissal, reduction or non-payment of earnings,
• beneficiaries in case of incorrect calculation of benefits and compensations;
• legal entities, individual entrepreneurs in case of failure to fulfill material obligations by partners;
• citizens in case of material disagreements between them, in cases of collection of private debts.

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The law does not oblige the person who wins the case to contact the SP service. But the controversial issue has already ended up in court, so is it worth relying on the defendant’s good faith? It is better to use a proven legal mechanism. Moreover, the court submits information to the local division of the FSSP on writs of execution in favor of the plaintiffs.

What requests and demands can be made to the bailiff?

There are various reasons for filing a petition:

• securing a claim in court (requires interim actions on the part of the bailiff)
• requesting information from organizations and third parties about the availability of the debtor’s property or information about its location
• a request for a visit to the debtor to draw up an inventory of property;
• seizure of bank accounts
• prohibition to carry out certain registration actions (for example, with real estate and movable property, entering information into the Unified State Register of Legal Entities for a legal entity in connection with a change)
• petition for a ban on the debtor’s travel outside the Russian Federation
• petition to prohibit the debtor from driving a vehicle in connection with the debt under the writ of execution
• request to reduce the amount of deductions for enforcement proceedings
• petition for renewal, termination, suspension of enforcement proceedings
• other petitions and requests to the bailiff

Algorithm for drawing up an application

You can find out more information about where exactly you need to send your application on the official website of the FSSP - fssprus.ru.

The application must be written in accordance with generally accepted rules:

1. In the very top corner of the document you indicate personal information about the respondent and applicant, including contact information and residential address.

Important! If the claimant is a legal entity, then here you must indicate the full name of the enterprise, registration number, legal and actual address. The main part of the petition must describe the essence of the appeal. Here you can take an application for alimony as a sample. It is important to state the following in the text itself:

2. Information about the court order.

3. Information about the child for whose support it is necessary to begin the debt collection procedure.

4. Bank account details for transferring funds.

The application must also be accompanied by supporting documents: court order, bank details, etc. At the end of the document, sign and date it.

After accepting the document, the employee must mark it in a special journal. We recommend using a sample application to avoid errors and typos.

You can download the application using this link

Appealing the decision of bailiffs to refuse a petition

Decisions and resolutions within the framework of enforcement proceedings, adopted at the request of bailiffs, can be appealed legally. For this purpose, existing legislation in the country allocates 10 days. The main reasons for appeal are considered to be unmotivated conclusions or violation of the rights of the claimant or debtor.

Applications are submitted to the courts or to the management of the performing party. The second method allows you to resolve emerging issues much faster. In addition, there is no provision for payment of state duty during an administrative appeal. Litigation is considered more efficient.

Our lawyer for enforcement proceedings always advises to do all the actions within the framework of the execution of the court decision, to exercise all the rights of the claimant, if you want to receive the award, about this VIDEO on the topic, watch and write your question in the comments of the video:

Waiver

There are situations when the claimant needs to revoke the document on initiating the enforcement process. For example, when a mother, who is raising and maintaining a minor, agreed with her ex-husband and the child’s father regarding financial support on a voluntary basis. The law allows this to be done at any stage of the process.

To cancel a penalty, you will need to prepare an application. The principle of its preparation is similar to a request to open enforcement proceedings. After submitting the application you will receive:

• stopping production on IL;
• lifting restrictions imposed by bailiffs: seizure of property, suspension of driver’s licenses, etc.;
• the paid state duty will not be returned, since it is paid for the initiation of enforcement proceedings, which was carried out earlier.

Attention! Bailiffs never restrict the claimant's right to revoke the IL. Upon appropriate request, all enforcement documentation will be returned to the claimant.

Legislators have identified the following reasons for terminating office work:

• death of the payer;
• lack of funds and property to pay off debt;
• lack of opportunity to find the debtor.

How to write

It is very simple to prepare an application to the bailiffs for collection. And you can do this in two ways:

• Go to the official website of the Federal Bailiff Service and download the form you need, then fill it out;
• Write an application yourself.

The first method is convenient, but sometimes it is quite difficult to fit into the form, and the unique features of your business may not fit into it. In this regard, we recommend that you write a statement yourself according to the following scheme:

• Heading . Contains: Address of the bailiff service branch;
• Full name of the department;
• Full name and title of the manager;
• Full name of the applicant (if the applicant is a legal entity, then the details of the organization are entered);
• Applicant's registration address and contacts.

Attention

Please note that the application must be printed and submitted in two copies.

Sample

In _____________________________________ (name of the bailiff department) dated ___________________________________ (full name of the collector, address, telephone)

APPLICATION to initiate enforcement proceedings

I ask you to accept for execution the writ of execution _________ (writ of execution or court order), issued by _________ (name of the court that issued the writ of execution) “___”_________ ____ in the case of _________ (indicate the name of the case; you can see the name in the header of the writ of execution) regarding debtor _________ (full name of the debtor, his place of residence or stay, telephone number, place of work), and initiate enforcement proceedings.

Previously, enforcement proceedings were not initiated under this executive document (if initiated, indicate when they were initiated, when they were completed and why, what enforcement actions were performed, how much money was collected, what property was transferred).

Additionally, I provide information known to me about the debtor and his property: _________ (indicate all known information about the debtor and his property that may help in the execution of the court order).

In order to ensure the fulfillment of the requirements contained in the executive document, simultaneously with the initiation of enforcement proceedings, it is necessary to resolve the issue of seizing the property of the debtor _________ (if information is available, list the property that should be seized), since the debtor may take measures to conceal his property .

Based on the above, guided by Article 30 of the Federal Law “On Enforcement Proceedings”,

Ask:

1. Initiate enforcement proceedings.
2. Seize the debtor's property.

List of documents attached to the application:

1. Executive document
2. Documents containing information about the debtor, his property status and other information that may be important for the timely and complete fulfillment of the requirements of the writ of execution

Date of application “___”_________ ____ Signature _______

:

Download

Sample application to bailiffs for recovery under a writ of execution.doc

When should I write this statement?

First, let's look at the grounds for writing an application to the bailiffs for recovery under a writ of execution. It needs to be written only in cases where the defendant, who was awarded payments during the trial, evades his responsibilities and does not want to voluntarily make these same payments. In practice, the reason depends on what kind of case was considered and what payments were awarded:

• When working with a bank or other credit organization, bailiffs can collect debts, fines, and also seize property;
• When working with alimony, bailiffs can force their withdrawal from the accounts of the defaulter, as well as seize his deposits and even wages;
• When working with citizens, bailiffs can collect debts, compensation and other payments ordered by the court in favor of the plaintiff;
• When working with workers, bailiffs can force the employer to pay withheld wages and compensation awarded for violation of the Labor Code.

The list can be continued for a long time, but the principle remains the same - a writ of execution is transferred in the case when the defendant who has lost the case refuses to carry out the court's orders within the period established by law. Thus, you can write a statement of collection under a writ of execution immediately after the expiration of the period specified in this very writ.

Initiation of enforcement proceedings

Failure by a citizen to fulfill his financial or other obligations in most cases leads to legal proceedings. If there is sufficient evidence, judges often make a decision in favor of the plaintiffs, which is formalized by a court order. This document is defined by the Code of Civil Procedure of Russia as a court decision made on the basis of an application for the collection of debt in a monetary amount or in another form. But this does not guarantee the defendant’s full fulfillment of his obligations. Therefore, plaintiffs will need to apply to the Federal Bailiff Service with a petition in the following cases:

• if forced seizure of the defendant’s property is required;
• when it is necessary to force the debtor to fulfill his financial obligations;
• if necessary, search for the defendant and other situations.

In most cases, plaintiffs for recovery through judicial authorities are:

• divorced mothers of minor children whose fathers do not want to fulfill their parental responsibilities on a voluntary basis;
• banking institutions whose clients do not fulfill their obligations to them;
• citizens, if it is necessary to find a minor, the search is carried out with the involvement of the police;
• persons who use various benefits and have evidence of their incorrect accrual;
• organizations and entrepreneurs in case of failure to fulfill agreements by business partners;
• citizens who need to move into a living space from which they were evicted illegally;
• individuals in the presence of material disagreements;
• employees of organizations with which the employer terminated their employment contract without valid justification. In this case, the bailiff may require the plaintiff's autobiography.

These are just some of the situations in which it is possible for plaintiffs to appeal to bailiffs with a court decision. There may be many other reasons in life when this need arises.

To initiate legal proceedings, the applicant will need to present to the bailiffs not only a court order, but also draw up a statement in a certain form. Documents can be submitted personally by the claimant or through a proxy (if he has a power of attorney certified by a notary office). No errors are allowed in the text of the application; it must contain only the necessary concepts relating to office work.

Note! To avoid errors, it is recommended that when writing an application, you use a standard template defined by the legislation of the country. It will be necessary to accurately indicate the type of collection and the amount of collection from the debtor.

What to do if things don't move?

Unfortunately, even filing an application for collection does not always lead to payments starting to go through as expected. In this case, you will need to require some justification from the bailiff service. If you do not receive them, then there is only one thing left - to file a complaint about the inaction of the bailiff. You can do this in two ways:

• Contact the leadership of the FSSP and ask for the removal of the performer from the case;
• File a lawsuit against all FSSP.

Attention

In the first case, you only need to contact your manager orally or by making a standard written complaint in free form. As a rule, this is more than enough, but if such a claim does not help, all that remains is to sue. Only a qualified lawyer can help you here.

How to get account information

Information about deposits, accounts, and the availability of funds on them is protected by banking secrecy. Therefore, contacting the bank directly for this information will result in a refusal. However, there are several completely legal options to obtain such data:

• submit a request from the Federal Tax Service for the issuance of an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs, which necessarily contains information about the current accounts of a legal entity or individual entrepreneur;
• study the details of the agreement, receipt or other document according to which the debt was collected;
• obtain information directly from the debtor if he makes contact.