Notary's executive inscription on the loan agreement: preparation of documents, execution of the application

Who can apply for a writ of execution

Ordinary citizens (individuals), organizations, enterprises that provided money, provided that the loan agreement was notarized. As a rule, this is always done if it involves a large sum of money.

Banks, other credit organizations (except for microfinance organizations), if the contract or additional agreement contains a clause providing for the possibility of collecting debt out of court. The basis for the bank to contact the bailiffs in this case is the notary’s writ of execution on the loan agreement.

Documents on which execution of writs of execution is possible

Notarized transactions in which one party is obliged to transfer money or property to the other.
Bank agreements for the issuance of loans, if they include a provision on the use of a writ of execution (with the exception of microfinance organizations).
Guarantor agreements that establish joint and several liability with the borrower, subject to the appropriate conditions.
Loan agreements under which the lender is DOM.RF (AHML and other similar organizations in the field of housing lending).
Agreements for the provision of communication services, storage, rental, if they contain a clause on debt collection under a writ of execution.
A mortgage secured by the pledge of things in a pawnshop (clause 3 of Article 12 of Law No. 196-FZ of July 19, 2007).
An agreement to foreclose on mortgaged property out of court.

If a dispute arises, the parties retain the right to go to court, including at the stage of transferring the notary’s writ of execution to the bailiff service and its forced execution. This guarantees the protection of the interests of both the creditor and the debtor.

What conditions does the notary check before making an inscription?

Without going to court, you can recover the amount of the principal debt and the interest stipulated by the agreement. This procedure does not apply to fines and accrued penalties, since, according to the law, their amount can be challenged and reduced. The notary makes a writ of execution on a copy of the loan agreement, and a special mark is affixed to the original.

Content:

Documents on which execution of writs of execution is possible
Documents from the claimant required by the notary
Contents of the executive inscription on the contract
Foreclosing on pledged property
Offer to the debtor to fulfill obligations
Conditions for making a writ of execution
Refusal of a notary to make an inscription

At the request of the creditor to collect the debt or the debtor’s property, a notary’s writ of execution is affixed to the contract, allowing the document to be transferred to the bailiff service without going to court. An inscription can be made if two conditions are met:

if the documents submitted by the applicant indicate the indisputability of the creditor’s claims or other liability of the debtor;
if no more than two years have passed from the moment when it was necessary to fulfill the obligation.

Before making an inscription, the notary checks the documents presented by the claimant, from which it should be clear that there is no dispute between the parties regarding the fact of the existing debt and its size. If the debtor disputes his liability, the notary explains to the creditor his right to go to court.

What does a notary's writ of execution contain?

The procedure for making notarial records is established by Law No. 4462-1 (on notaries), a joint letter of the FSSP (No. 00011/16/96020-AP) and the Federal Tax Service (No. 3815/01-01-2) dated 10/14/2016. In accordance with these documents, the writ of execution must contain the following information:

Place and exact date (year, month, day) of the notarial act.
Full information about the creditor: for an organization indicating the number in the Unified State Register of Legal Entities, INN; for an individual: full name, residential or location address.
Information about the debtor. If this is a legal entity or entrepreneur, full details will be required: name, address, number in the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs, date and place of registration, TIN. For an individual: passport details, place of work and location (if known).
Information about the property that must be transferred to the creditor, indicating its identification characteristics.
Indication of the amount subject to indisputable collection plus the amount of expenses for making a notary's writ of execution, highlighting the amount of the notary fee.
Designation of the period for which the debt is calculated.
Full name of the notary, indication of the notarial district or office.
Registration number of the entry in the register, personal signature of the notary, certified by his seal.

If the subject of foreclosure is pledged property, then its initial sale price is additionally indicated. Within 3 days after the action is completed, the notary sends a postal notice to the debtor with acknowledgment of delivery. He is informed after the fact that a writ of execution has been made on the credit agreement (loan, pledge).

Documents from the claimant required by the notary

When contacting a notary's office, the creditor submits an application for execution of a writ of execution, which is registered in the journal of incoming correspondence. Attached to it is a list of documents necessary to establish the circumstances of a particular case.

A contract (agreement) due to non-fulfillment of which a debt has arisen to the creditor.
Calculation of the amount of the resulting debt if the subject of the agreement is a cash loan.
The lender's bank account to which funds should be transferred.
A copy of the notification of the existence of a debt sent to the debtor no less than fourteen days before contacting the notary for a writ of execution.
Postal receipts confirming the sending of the notification letter.
Payment documents, receipt, act confirming the transfer of money or property to the debtor under a notarized agreement.
Documentary confirmation of the occurrence of a condition or event, if a deadline for fulfilling obligations is attached to it.

The originals of all documents are provided to the notary's office. The executive inscription is made on a copy of the contract, and a corresponding note is made on the original copy. After the execution of the writ of execution, the notary within 3 days sends a notification to the debtor about the completed writ of execution.

The debt calculation indicates the amount to be collected, including the amount of the penalty (except for the amount of the penalty under loan agreements), interest if their accrual is provided for in the agreement.

In addition, the total amount of recovery under the writ of execution also includes the amount of expenses incurred by the recoverer in connection with the execution of the writ of execution.

Deadlines for contacting the bailiff service

After the inscription has been made, the package of documents for collection must be submitted to the FSSP no later than three years later. If the creditor is an organization, this must be done within 1 year. If the deadline is missed, the bailiffs will refuse to accept the documents. It can be reinstated in court if there is a good reason. If a loan agreement with a writ of execution is lost (stolen), you can obtain a duplicate from a notary.

As a rule, creditors contact the bailiff service on time. There, an application form to initiate enforcement proceedings is filled out and a notarized package of documents is attached to it. Within 3 days, the bailiffs must make a request and receive a confirming response from the notary about the execution of the writ of execution. In most cases, clarification is done using electronic document management. No later than a week later, the bailiff takes measures to enforce the debtor’s obligations.

Refusal of a notary to make an inscription

The notary will refuse to issue a writ of execution if, in response to the notary’s letter, the debtor submits documents confirming:

timely fulfillment of obligations secured by a pledge of property;
lack of grounds for collection or impossibility of recourse;
acceptance of property under interim measures by court decision.

The list of grounds preventing the foreclosure of the collateral is specified in the Civil Code, laws on mortgages and notaries:

the insignificance of the debtor’s violation of obligations and the disproportionality of the pledgee’s claims;
foreclosure on a specific type of property is permitted only by court decision;
there is no systematic violation of the payment schedule.

Furthermore, in accordance with Art. 48 Fundamentals of the legislation of the Russian Federation on notaries A notary has the right to refuse to issue a writ of execution if there are sufficient grounds to believe that the writ of execution can be used for the purposes of legalization (laundering) of proceeds from crime or financing of terrorism. In this case, refusal to perform a notarial act is not the basis for the emergence of civil liability of the notary.

You can apply for a writ of execution this year to any notary, regardless of the location of the creditor (mortgagor) and the debtor.

Contact the notary's office any day; a convenient time for visiting can be agreed upon by calling the numbers listed on the website or by sending an email.

Advantages of a notary's writ of execution

The usual procedure for collecting debt through court takes a very long time. The statement of claim must be filed in court at the debtor’s place of residence - this is inconvenient and sometimes impossible if he does not have a permanent residence permit. In addition, the cost of a notary’s writ of execution is less than the total costs of legal proceedings, including state fees and legal fees. The case is considered in court for at least two months, and then another month is given for appeal. And only after its final completion and receipt of the writ of execution, the creditor can apply to the FSSP.

In turn, the notary’s writ of execution on the loan makes it possible to attract bailiffs to work within a few days. Many debtors avoid paying their obligations not because they have nothing to repay the debt, but for reasons of personal gain. A person whose property and accounts have been forcibly seized has the right to complain to the court about the actions of the bailiffs or notary. However, in this case, the creditor can make counterclaims to collect not only the debt, but also a fine (penalty). A notary's writ of execution can only be canceled through a judicial procedure.

Our notary office is open daily and is located in a convenient location, in the very center of Moscow - near the Tverskaya, Pushkinskaya, and Chekhovskaya metro stations. On weekdays, reception is open until 21.00, and on holidays and weekends until 20.00 in the evening. Leave a message directly on the website or call us by phone to choose a time convenient for you to visit and receive detailed information about what documents the notary will need to issue a writ of execution.

Executive inscription on the loan agreement

Statistics show that at the moment 90% of all inscriptions are made on loan agreements concluded by banks with citizens.
The share of inscriptions on loan agreements concluded between individuals is, of course, growing, but it is still far from being comparable to banking. In general, all the features of making a writ of execution listed in the previous paragraph are also inherent in the credit relations of banks with the population, but they also have their own exclusive feature.

When concluding a loan agreement, banks do not need to contact a notary to certify the transaction. However, they must necessarily stipulate in the contract the possibility, in the event of a debt, of contacting a notary and subsequent collection of the debt by writ of execution.

This condition can be stated both in the contract itself and in an additional agreement. The main thing is that the borrower signs, agreeing with this right of the bank.