Obtaining a writ of execution in court in a civil case: procedure, sample 2021

The execution and issuance of a writ of execution by the court is the final stage of the proceedings. This means that your claims were recognized by the court, and the defendant’s complaints and arguments were rejected. Having achieved the issuance of a sheet, you will be able to demand the execution of a judicial act, receive collected money or awarded property, and obtain from the debtor the fulfillment of other obligations.

When is a writ of execution issued?

You can apply for a certificate only if there is a decision in your favor. If the claim is refused, no claims can be brought against the defendant. Moreover, not every court case ends with the issuance of writs, since this depends on the subject of the dispute and the specifics of the claim. For example, an analogue of the sheet is an order of a magistrate, a notary’s writ of execution, a number of other procedural documents specified in the Code of Civil Procedure of the Russian Federation, Law No. 229-FZ.

You can obtain a sheet for the following types of requirements:

collection of funds - debt under contracts and housing and communal services, moral damages, penalties and interest, fines, damages and lost profits, compensation for damage in a criminal case;
property requirements - transfer of a certain thing, removal of obstacles to use, re-registration of rights to an apartment or car;
non-property demands – removal of a child from the family, publication of a refutation of slander.

There is one circumstance in the law in which the issuance of a sheet is allowed before the completion of the process. Such a case is the provision of claims if such an application was filed by the plaintiff. If secured, the court will prohibit the defendant from selling property assets, impose seizure of bank accounts, and restrictions on any actions. In order to comply with these prohibitions and restrictions, the sheet is issued immediately after the request is satisfied and transferred to the bailiffs.

Typically, writs of execution are issued to persons whose demands the judge has satisfied in full or in part. In some cases, the document may also be required by the defendant if he has filed a counterclaim. In this case, the court will verify that counterclaims cannot be set off.

For example
, if the plaintiff recovered 200 thousand rubles, and according to the counterclaim in favor of the defendant, 50 thousand rubles were recovered, the judicial act will indicate the offset of claims. As a result of the process, only the plaintiff will be able to receive a writ of execution, but in the amount of 150 thousand rubles.

Difference between a court order and a writ of execution

Some differences have already been mentioned above, but let’s look at this issue in more detail. Here's what to keep in mind:

Writ proceedings in our country are always conducted in magistrates' courts and only in them. Natural doubts arise here, because they usually consider claims up to a maximum of 50 thousand rubles. But the fact remains a fact. Consider this an exception to the rule and feel free to contact the board of general jurisdiction at your place of residence if the claims for compensation do not exceed 500 thousand rubles.
The order is easy to cancel. To do this, it is enough to appeal to the same arbitration with an objection. You will not have to provide any evidence. The decision will be canceled in the same truncated order as it was made. The sheet itself is not appealable at all. It is the result of a verdict, about which doubts will have to be expressed. But already with thorough legal training.
And most importantly, a court order is an executive document, a kind of resolution that is mandatory for implementation. The second type of resolution does not carry such a function. As already mentioned, as such it is not a verdict, but rather a document that allows the bailiffs to start their work.

It sounds complicated, and if you try to simplify it, you can consider the first paper to be the result of a truncated proceeding, and the second one to be the result of a long and full-fledged dispute between the plaintiff and the defendant, with a corresponding waste of material and time resources. On the other hand, the invested funds will give a more or less stable result, which cannot be changed by a simple written request.

Which court should I apply for extradition to?

According to the norms of the Code of Civil Procedure of the Russian Federation and Law No. 229-FZ, writs of execution can only be issued by judicial authorities. Depending on the nature of the dispute, the document must be received:

in arbitration - if a dispute of an economic nature was considered with the participation of enterprises, individual entrepreneurs, tax authorities, and other entities;
in district or city courts - if the case was assigned to their jurisdiction under the Code of Civil Procedure of the Russian Federation;
from magistrates - if, according to the Code of Civil Procedure of the Russian Federation, the dispute was within the jurisdiction of magistrates' courts (except for writ proceedings).

You need to request the issuance of IL from the judicial authority that made the decision. This rule applies even if complaints were filed against the decision, and the case was reviewed in appeal, cassation and supervision. After proceedings in each higher authority, the materials are always sent to the court that initially considered the claim. However, appeal, cassation and supervision may change the list of requirements that were specified in the original act. In this case, all decisions of higher authorities will be taken into account for filling out.

What is the difference between a court order and a court decision: basic elements

All procedural documents issued in the Russian Federation have a clear structure. Since writ proceedings are truncated, such a verdict has only two parts: introductory and effective. The first contains basic information, the second contains complaints, their analysis and requirements, indicating satisfaction or dissatisfaction.

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Enforcement proceedings, since they are full-fledged, are drawn up on the basis of another resolution. It has 4 parts:

Introductory, which has already been mentioned above.
Descriptive, revealing details of the complaint, interviewing witnesses and experts, and so on.
Motivational, where both parties provide evidence.
Resolute.

Only on the basis of such a full-fledged resolution is a sheet issued and the work of the bailiff service starts. The drawn up act is binding and irrefutable. Naturally, it takes much more time to prepare it.

Deadline for registration and issuance of writs of execution

One of the most important points at the stage of obtaining a sheet is determining the deadline when you can apply for it. This issue is discussed vaguely in the Civil Procedure Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation - it is possible to obtain IL after the decision has entered into force. This moment comes:

on the day of proclamation of the act, if it is subject to immediate execution (for example, when reinstated at work after illegal dismissal);
after the expiration of 30 days provided for appeal, if such a complaint has not been received from the participants in the case;
after the appeal proceedings.

One process may have different requirements, including those with a special execution order. Therefore, it is allowed to issue two or more writs of execution under one decision. For example, to restore labor relations, one sheet will be issued immediately after the verdict is announced, and for the recovery of awarded amounts, a document will be drawn up according to general rules. They may also issue two or more sheets if there were several plaintiffs or defendants in the process.

You can find out about the entry into force of an act by calculating the period after its adoption in final form, or by the date of the decision of a higher authority. Please note that in arbitration disputes the period for appeal is calculated immediately from the moment the verdict is announced. If the case was reviewed by higher authorities, you will be able to receive a sheet only after the materials are returned to the level of district or magistrate courts.

Legal advice . It is advisable to submit an application for the issuance of IL immediately after the decision enters into force. Even if the materials have not yet been returned after an appeal, a formally filed and recorded application confirms that you have complied with the requirements of the law. As soon as the case arrives at the office, you will be notified that the sheet is ready, or you can check this point yourself through office management specialists.

To obtain a writ of execution, you will have to fill out and submit a separate application. We will tell you in the form of step-by-step instructions what you need to take into account when applying, what points you need to pay special attention to.

Where to get it?

A writ of execution can be obtained from the same court in which the case was heard and a decision was made on your claim. Documents must be requested by presenting your passport and writing an application addressed to the judge who conducted the hearing. This should only be done after the court decision has entered into force.

There are cases when writs of execution are issued immediately when a decision is made. Typically, such cases are related to alimony, reinstatement of a citizen to work, inclusion in the electoral lists, etc.

The writ of execution can be received by the claimant himself or by the plaintiff’s authorized representative, whose powers are supported by a notarized power of attorney.

Obtaining a writ of execution: step-by-step instructions

Writs of execution are issued only upon the application of a participant in the process. Automatic submission of the form to the FSSP is possible only when considering claims in criminal proceedings. In this case, the bailiffs are sent the verdict and decision, and the civil plaintiff is notified in writing.

Making a decision and its entry into force

As soon as the decision has entered into force, the deadline for presenting the document for enforcement will begin to run. Although this period is 3 years (with rare exceptions), apply to the court as early as possible. Since the defendant already knows about the awarded amounts or other obligations, he can take measures to sell or hide the property, or try to change the address. This will significantly complicate the conduct of the case in the FSSP. Therefore, the sooner you receive the sheet and present it for execution, the greater the chances of achieving collection.

Not only the plaintiff himself, but also his representative can submit an application. To do this, you definitely need a notarized power of attorney, which will indicate the authority to receive documents. If your representative participated in the oral admission process, he will not be able to receive an IL. The power of attorney must be presented to the court’s recordkeeping specialists, or immediately attached to the application.

Filing an application for the issuance of a writ of execution

The plaintiff, or his representative, can submit an application for the issuance of a sheet directly to the court, or send it by mail. A sample application can be found and downloaded on our website using the link. The law does not have special rules for filling out the document, so we recommend indicating:

details of the court you are applying to;
information about the applicant;
case number, date of issuance and entry into force of the act;
request for a certificate;
date, signature of the applicant or representative.

Sample application for the issuance of a writ of execution

Legal advice . Since 2021, the Code of Civil Procedure of the Russian Federation allows the claimant to immediately indicate a request to transfer the sheet directly to the FSSP. You can also download a sample of such a statement on our website. Although the option with a straight sheet direction is more convenient for the creditor, I recommend using it only as a last resort. If the court itself sends the form to the FSSP, you will not be able to personally check it for errors or redo it as quickly as possible. This can create difficulties in recovery if the office staff were negligent in their duties.

When applying in person, you must register the application in the office of the judicial authority. Be sure to keep your copy with a receipt stamp. If the issuance deadline is delayed, you will be able to file complaints and address them to the chairman of the court. Accordingly, when sending via mail, keep the original receipt.

It is better to submit an application with a request to send a sheet to the FSSP if you live in another locality or cannot come to receive the document. You will be notified of the referral in writing or via SMS (if you have given your consent).

Deadline for registration of the sheet

Since the period for issuing writs of execution is not regulated by law, you need to control this process yourself. Only in rare cases will you receive a document when you submit your application. If the case materials are in court and have not been transferred to the archive, with the permission of the chairman they can immediately fill out, staple and sign the sheet, and give it to you for signature. However, in practice this takes several days.

To find out if the writ of execution is ready, you can:

periodically go to the office, ask about the readiness of the document (the more often you appear in court, the faster you will receive the document);
indicate when submitting your application that you agree to receive an SMS notification;
call the court office phone numbers listed on its website (since information about the readiness of documents does not relate to personal data, it can be given over the phone).

The Supreme Court of the Russian Federation indicated that the execution of writs of execution must be carried out within a reasonable time. In practice, it is extremely difficult to determine. If you know that the case is in the office, and the deadline for preparing the sheet is delayed for several weeks, immediately contact the chairman of the court. It is also possible to submit an appeal to the Department for Support of Court Activities. Contact information for the department can be found on the court's website.

Checking form and content

There is no indication in the Code of Civil Procedure of the Russian Federation or other regulations for sending writs of execution to creditors by mail. This is logical, since the claimant must sign for receipt. If you did not submit an application to transfer the form directly to the FSSP, you need to go to court in person to collect it. The sheets are prepared on printed forms and have unique series and numbers (you can use them to verify the authenticity of the document in the event of a dispute).

You have the right to familiarize yourself with the contents of the document, compare it with the wording and conclusions of the decision. We recommend paying attention to the following points:

accuracy of information about the collector - be sure to verify information about yourself so that the bailiffs do not return the sheet on formal grounds;
accuracy of information about the debtor - check the full name, date of birth, place of work and other data indicated by the court on the sheet (if there are errors, the bailiffs will not be able to carry out collection, or this process will drag on for a long time);
compliance of the court's conclusions in the decision and the entries in the writ of execution - be sure to check all amounts down to the kopecks, all characteristics of the property, and other data;
check that the document contains the court seal and the judge’s signature (the sheet cannot be certified by a specialist from the office, since only judges have authority);
check that the dates on which the decision came into force and the issuance of the sheet are filled out correctly (procedural deadlines may depend on this);
check the case number as it must match on the sheet.

The document always consists of several sheets, so it must be bound and stamped indicating the number of pages. If you have thoroughly studied all the data and found an error, immediately inform the office employee about it. Until you have signed for the receipt of the form, all errors in it must be corrected before it is actually issued.

If you find no problems with the content, you can receive the sheet in your hands. A receipt to this effect is made on the registration form of the civil case, or in the form of a separate document. Information about the issued sheets is reflected in the unified judicial register. This register can be used to verify the authenticity of the document if a dispute arises later.

Presentation for execution

If, according to your application, the writ of execution is sent to the FSSP, the bailiffs will initiate proceedings and send you a copy of the resolution. If you received the document yourself, you need to decide what to do with it. Law No. 229-FZ provides the following options for presenting IL for execution:

submit or send it to the FSSP (on our website you can quickly find the details of any bailiff department);
send to the FSSP Office for a constituent entity of the Russian Federation if you find it difficult to choose the right department (in this case, the total period will increase by 5 days);
send to the place of work if the amount of collection does not exceed 100 thousand rubles, or we are talking about periodic payments;
send to the bank if you have information about the presence of accounts and deposits of the obligated person there.

We recommend contacting the FSSP. since in all other cases you will have to independently control the execution process. There is no need to hand over the sheet to the debtor, even if he convinces you of voluntary payment. If the debtor is ready to immediately transfer all the money to you or fulfill another requirement, draw up a receipt, agreement, or other document.

To initiate a case with the FSSP, you need to send a writ of execution with an application. A sample application to initiate proceedings and instructions for filling it out can be downloaded from our website. After receiving the documents, the bailiff is obliged to issue a resolution within 3 days, send it to the collector and debtor, and begin execution. Our website contains detailed materials describing the enforcement procedure, ways to protect your interests, and appeal the actions of bailiffs.

How to get it in court?

In order to receive a writ of execution, the plaintiff himself or his representative must write a statement in the established form and then submit it to the court office.

This can be done in person or you can send all the necessary documents by mail.

In the first case, you will need two identical copies of the application. You will give one to the secretary, and the other will be marked by a court employee indicating that he accepted your petition. It is important to keep your copy.

In the second case, it is important to save the receipt and inventory received at the post office when sending a registered letter. This will also confirm that the application has been accepted for consideration.

You can usually find all the necessary forms at the court reception desk, but you can prepare ahead of time. applications for the issuance of a writ of execution

Application for the issuance of a writ of execution (Format *.doc Size 28.5 kb)

Don't forget to print two copies of the document at once. When filling out the application form, you must also indicate the most convenient way to obtain a writ of execution. According to current legislation, you can receive a document by mail, in person, or directly send it to the executive service.

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What to do if there are errors in the writ of execution

We described above how to correct errors in the sheet before it is actually received. We will separately analyze situations when this fact is revealed after the document is issued, including at the stage of enforcement proceedings. The following deficiencies in the contents of the form will affect the collection process:

inappropriate information about the claimant and the obligated person;
errors in the amount of recovery, characteristics of the property, description of the essence of the claim;
Incorrect indication of the time frame for making a decision and issuing a sheet.

If an error was initially made in the decision, no changes are made to it. You need to submit an application to eliminate obvious errors, typos, and arithmetic errors. on our website. In this case, the court has the right to issue an additional ruling to eliminate the deficiencies. The previously issued IL is not replaced in such a situation, and the bailiff will work with it taking into account the presented definition.

If there are significant errors in the decision, a meeting will be scheduled with the parties summoned. In this case, the defendant (debtor) will be able to present his objections and arguments. After the determination is made, the sheet with significant errors is also not redone. The court ruling is submitted to the FSSP, which will be taken into account when conducting proceedings.

If errors are made only when designing a sheet, you cannot make changes to its contents, make notes or notes. Since the court does not make a ruling on such issues, a new writ of execution will be issued according to the general rules.

If the writ of execution is completely lost, you need to get a duplicate. You can read more about this procedure in our previous material.

Good to read:

What to do - the bailiffs have lost the writ of execution By sending a writ of execution to the FSSP department, you have the right to count on quick collection of the debt or execution of other court orders. However, if this document is lost, it will be impossible to make any demands. The ability to achieve recovery will depend on when and under what circumstances the writ of execution was lost. Read the full article..

Requirements for the executive document

The executive document according to the general rule of Part 1 of Art. 13 of Law N 229-FZ must contain the required details:

1) the name and address of the court or other body that issued the executive document, the surname and initials of the official;

2) the name of the case or materials on the basis of which the executive document was issued, and their numbers;

3) the date of adoption of the judicial act, act of another body or official;

4) the date of entry into force of a judicial act, an act of another body or official, or an indication of immediate execution;

5) information about the debtor and the collector.

So, for a citizen, the last name, first name, patronymic, place of residence or place of stay are indicated. If a citizen is a debtor, then also the date and place of birth, place of work (if known), for the debtor - an individual entrepreneur - the date and place of his state registration as an individual entrepreneur, TIN.

For an organization - name and address indicated in the Unified State Register of Legal Entities, actual address (if known), TIN, main state registration number (if known).

For the Russian Federation, a constituent entity of the Russian Federation or a municipal entity - the name and address of the body authorized on their behalf to exercise rights and perform duties in enforcement proceedings.

It is important to know! Restoring the deadline for presenting a writ of execution

For a foreign state - in addition to the information specified in paragraphs 1 - 4, also the name and location of the relevant body, institution or other entity;

6) the operative part of a judicial act, an act of another body or official, containing a requirement to impose on the debtor the obligation to transfer funds and other property to the claimant or to perform certain actions in favor of the claimant or to refrain from performing certain actions;

7) date of issue of the writ of execution;

in the case of granting an installment plan or deferment of execution, it is indicated from what time the period for fulfilling the requirements contained in the document begins;

9) when imposing an administrative fine for an offense committed, a note must be placed on the document indicating the debtor’s failure to pay the fine.

Meanwhile, the absence of any details or their incomplete indication does not always entail the invalidity of the executive document.

According to Part 1.1 of Art. 13 of Law N 229-FZ in a judicial act, an act of a body, an official on the imposition of an administrative fine adopted in a case of an administrative offense, in addition to that specified in Part 1 of Art. 13 of Law N 229-FZ, the information must contain the information required in accordance with the rules for filling out settlement documents for the transfer of the amount of an administrative fine, provided for by the legislation of the Russian Federation on the national payment system, and in the act of the body, official on the imposition of an administrative fine, adopted in the case of administrative offense, a note must also be made indicating the debtor’s failure to pay the assigned administrative fine.

If the executive document is sent in the form of an electronic document, then it is signed with an enhanced qualified electronic signature.

In the decision of the state labor inspector on the forced execution of the employer’s obligation to pay accrued but not paid wages to the employee on time and (or) other payments made within the framework of labor relations, along with that specified in Part 1 of Art. 13 of Law No. 229-FZ, the information must contain information about the details of the claimant’s bank account and a mark must be placed on delivery of the said decision to the employer (Part 1.2 of Article 13 of Law No. 229-FZ).

Requirements of Part 1 of Art. 13 of Law N 229-FZ regarding the content of the executive document does not apply to all documents. An exception is provided for:

a) orders of the bailiff;

b) court order;

c) a notary’s writ of execution;

d) a notarized agreement on the payment of alimony.

The requirements for the content and form of these documents are established by special norms of Law N 229-FZ and other federal laws.

Thus, the requirements for the content of a court order are established in Art. 127 Code of Civil Procedure of the Russian Federation, Art. 229.6 Arbitration Procedure Code of the Russian Federation, art. 123.6 CAS RF. The court order must be signed by the judge who accepted it and certified by a seal (Part 5, Article 13 of Law No. 229-FZ).

The procedure for making a notary's writ of execution and the requirements for its content are established in Chapter. XVI Fundamentals of the legislation of the Russian Federation on notaries. According to Art. 92 of the Fundamentals, a notary’s writ of execution must contain, in addition to information about the place and date of the inscription, information about the claimant and the debtor, also information about the period for which the collection is made, information about the property subject to reclaim or the amount to be collected, the number under which the writ of execution registered in the register; signature and seal of the notary.

The volume of information required when making a writ of execution and the procedure for recording it are established by Section IX of the Regulations for Performing Notarial Actions by Notaries, which establishes the volume of information necessary for a notary to perform notarial actions and the method of recording it, approved. by decision of the FNP Board of August 28, 2017, by Order of the Ministry of Justice of Russia of August 30, 2017 N 156.

Since January 1, 2018, this Regulation has been included in the list of documents establishing the procedure for performing notarial acts by notaries (clause 8 of Article 1 of the Federal Law of July 3, 2016 N 360-FZ “On Amendments to Certain Legislative Acts of the Russian Federation”).

The requirements for the form and content of the agreement on the payment of alimony are established by Ch. 16 IC RF. In accordance with paragraph 1 of Art. 100 of the RF IC, the agreement is concluded in writing and is subject to notarization, only in this case it has the force of a writ of execution (clause 2 of Article 100 of the RF IC). The agreement must necessarily indicate the method and procedure for paying alimony (Clause 1, Article 104 of the RF IC).

Special requirements are also imposed on the request of the central body (the Ministry of Education and Science of the Russian Federation) to search for a child. In it, according to Part 6 of Art. 13 of Law N 229-FZ must contain information about the child and about the person with whom the child may be, as well as information to help establish the whereabouts of the child and other information specified in this norm.

Submission and consideration of an application for a writ of execution

To obtain personal information, the plaintiff must submit an application to the arbitration court or court of general jurisdiction that made the relevant decision.

The process of considering an application does not require the presence of the parties. The conclusion is made by the judge alone. If the answer is positive, the responsible court official records the issuance of the document.

If a dispute arises and if there are strong arguments to protect their interests, one of the parties has the right to appeal the court decision to a higher authority in the manner prescribed by law within 30 days after its adoption. In this case, a date is set for a meeting to which the parties to the conflict are invited.

If the court finds the evidence provided convincing, appropriate changes will be made to the court decision and the IL.

Grounds and procedure for returning the writ of execution

The grounds for returning the writ of execution after the initiation of enforcement proceedings are established in Art. 46 of Law No. 229-FZ. According to Part 1 of this article, the writ of execution, according to which the recovery was not carried out or was made partially, can be returned to the claimant:

It is important to know! Correcting errors in the writ of execution

1) at the request of the claimant;

In this case, the bailiff must verify the authority of the person who submits the relevant application;

2) if it is impossible to execute an executive document obliging the debtor to perform certain actions (to refrain from performing certain actions), the possibility of execution of which has not been lost;

3) if it is impossible to establish the location of the debtor, his property or to obtain information about the availability of funds and other valuables belonging to him, located in accounts, deposits or deposits in banks or other credit organizations, except for cases where the law provides for the search for the debtor or his property;

4) if the debtor does not have property that can be foreclosed on, and all the measures taken by the bailiff permissible by law to find his property were unsuccessful.

The bailiff is obliged to take all measures to establish the whereabouts of the debtor and whether he has property, regardless of the amount of collection; the insignificance of the amount of collection does not relieve the bailiff from this obligation. At the same time, only sending requests to government bodies and credit institutions cannot be considered sufficient measures for the purpose of executing a court decision;

5) if the claimant refused to retain the debtor’s property that was not forcibly sold during the execution of the writ of execution;

6) if the claimant, by his actions, interferes with the execution of the writ of execution;

7) if the debtor who has not paid the administrative fine is a citizen of a foreign state or a stateless person and was expelled from the Russian Federation on the basis of a judicial act.

According to Part 2 of Art. 46 of Law N 229-FZ, in the cases specified in clauses 2 - 7 of the said article, the bailiff draws up an act on the existence of circumstances in accordance with which the writ of execution is returned to the recoverer. The absence of an indication of such circumstances in the act may serve as one of the grounds for declaring the termination of enforcement proceedings and the return of the enforcement document to the claimant illegal.

The act is approved by the senior bailiff or his deputy. The bailiff issues a ruling on the completion of enforcement proceedings and on the return of the writ of execution to the recoverer.

The return of the writ of execution to the claimant is not an obstacle to the repeated presentation of the writ of execution for execution within the period established by Art. 21 of Law No. 229-FZ (Part 4 of Article 46 of the Law).