It is possible to create and send an application with a request to suspend enforcement proceedings if there are significant circumstances. Such requirements are reflected in legislative acts. The bailiffs executing decisions and the head of the regional department also have the right to suspend a court decision.
In other words, if one of the participants in the process considers that it is necessary to carry out enforcement proceedings, then a statement should be written with a request to temporarily stop this procedure.
The list of essential conditions is specified in article number 40 of the law “On Enforcement Proceedings”.
You can download the application to suspend judicial proceedings using the link here
Example of an application requesting a postponement of court proceedings
In the OSP of the Primorsky district of the city of Vladivostok Debtor: Ivan Antonovich Petrov, address 780000, Vladivostok city, Yandrintsevskogo street, house 142. Claimant: Individual entrepreneur "V.P. Serov", address 780000, Vladivostok city, Donskoy street, house 15, apartment 224 within the framework of enforcement proceedings number 678432567/21/2021.
Application for suspension of enforcement proceedings
The OSP of the Primorsky district of the city of Vladivostok is in the process of enforcement proceedings number 678432567/21/2021 dated 09/10/2021 on the basis of the FS writ of execution number 15478/2020 (issued by the Primorsky judicial institution of the city of Vladivostok) on a claim for the collection of a debt from an employee. Since I am considered a debtor in this case, I fully provided all information about my accounts and property.
On 10/15/2021 I was taken to the Primorsky district hospital in Vladivostok. The reason for hospitalization was a traffic accident. I cannot leave the medical facility; all treatment will take place here. The approximate period of stay here is until November 18, 2021.
Expert opinion
Popov Dmitry Alekseevich
Practicing lawyer with 7 years of experience in banking law
According to article number 40 of the Law on Enforcement Proceedings, if the debtor is undergoing treatment in a hospital, the bailiff must postpone the enforcement proceedings in whole or in part.
I believe that I can exercise my rights as a participant in enforcement proceedings only in personal presence.
Based on the above, relying on articles number 40, 50 of the Federal Law “On Enforcement Proceedings”
Ask:
- Postpone the court decision number 678432567/21/2021 dated September 10, 2021, which was initiated by the bailiff of the OSP of the Primorsky district, the city of Vladivostok, until November 18, 2021.
Application:
- Conclusion of the hospital's chief physician.
- A certificate from the hospital stating that I am undergoing treatment.
Petrov I.A 10/18/2021
Drawing up, filing and consideration of a petition by a bailiff
When drawing up an application to suspend enforcement proceedings, there is an important nuance. This article deals only with contacting the bailiff service. But there are a number of reasons why the parties to the proceedings or the bailiff must or can only apply to the court to suspend the proceedings. The grounds are contained in Article 39 of the Law.
So, the application (both to the court and to the bailiff) indicates the parties to the enforcement proceedings, its number and date, information about the writ of execution. The following is the basis for suspending enforcement proceedings. The period for which it is required to be suspended (when it can be established). The applicant provides written evidence of the existence of the relevant grounds.
The bailiff formalizes the decision based on the results of consideration of the application by an appropriate resolution. Enforcement proceedings are suspended until the grounds that gave rise to it are eliminated. Indicating the deadline, or until the relevant grounds are eliminated. A refusal to satisfy an application to a bailiff to suspend enforcement proceedings can be challenged by filing a complaint with a senior bailiff or in court.
Reasons why you can file an application to postpone enforcement proceedings
There are conditions under which a citizen has the right to draw up and send an application with a request to postpone the court order. Let's look at them:
- The death of a person or recognition of him as missing. Such a condition is also the reason for the termination of enforcement proceedings, but only if the debtor does not have persons on whom this debt will subsequently fall.
- If a person does not account for his actions (incompetent or partially incompetent). Here, the court's decision is suspended until an official guardian is appointed.
- Participation of the debtor or applicant in hostilities, but with the permission of the applicant.
- If a banking institution's license has been revoked.
- The debtor was declared bankrupt.
- If a judicial organization has accepted an application for exemption from mandatory fees, payment of state duty, deferment, installment plan, or reduction in cost.
- Sending by the bailiff, in accordance with the law, a notice of seizure.
Conditions under which the bailiff can independently suspend the trial:
- If the debtor is undergoing treatment in a hospital.
- If the debtor is wanted or his property is wanted.
- If the culprit is serving in the army (here we mean temporary activity, not permanent).
- If the bailiff was entrusted with the enforcement case at a location other than the place where the enforcement proceedings occurred.
In the above situations, a statement from the culprit is almost always required. With rare exceptions from the claimant.
Reasons to submit an application to the bailiff to suspend enforcement proceedings
There are circumstances that entail an unconditional suspension of enforcement proceedings. And if they are available, it is enough to fill out an application and confirm their presence. These include:
- death, recognition as dead or missing of a debtor in enforcement proceedings. This circumstance is also the basis for filing an application to terminate enforcement proceedings. But only in the case where there is no succession of the rights and obligations of the debtor under the writ of execution. If succession is allowed, it means that the proceedings are only suspended;
- recognition of the debtor as incompetent or partially capable. Proceedings will be suspended until a guardian or conservator is appointed to such person;
- participation of the debtor or claimant (but only at the request of the latter) in combat operations as part of the Armed Forces, performing tasks in emergency situations or martial law;
- revocation of a banking license from a credit organization (applies only to the debtor - a banking or credit organization);
- application of bankruptcy proceedings to the debtor (both organization and individual) in accordance with Federal Law;
- acceptance by the court of an application for exemption from collection of the enforcement fee, deferment, installment plan, reduction of its price;
- sending by the bailiff in accordance with the law a notice of seizure (only the property of the debtor organization), etc.
The circumstances in connection with which the final decision is entrusted to the bailiff include (the right, but not the obligation to suspend proceedings):
- treatment of the debtor on an inpatient basis;
- search for the debtor or his property;
- the debtor's military service (when this is not his professional activity, but a temporary activity);
- instructions to the bailiff to carry out enforcement actions at a place other than the place where enforcement proceedings were initiated.
In such cases, an application from the debtor (in rare cases, the claimant) is almost always required.
Who can draw up such a document?
The right to suspend enforcement proceedings belongs to both bailiffs and the court. Only the judge has the power to completely terminate the ruling.
When can a bailiff postpone the execution of a court order?
Bailiffs can cancel a decision or postpone it, but in compliance with the laws of the Russian Federation. Let's look at the cases:
- If the debtor's legal status has changed. In other words, death, bankruptcy, recognition as incompetent, missing. In all these situations, you can safely write a statement according to the established template.
- If the debtor is undergoing military service (temporary phenomenon).
The claimant has the right to challenge such a statement. But to do this, he needs to provide all the facts that prove he is right. If violations are detected, the debtor faces additional punishment.
Note! If a person’s legal status has changed, then this must be proven by providing the appropriate certificates and papers.
Legal assistance "Audit PRO"
Since 1995, qualified lawyers of the consulting company have been providing legal assistance to citizens of the Russian Federation (Moscow, Moscow region and Zelenograd). Specialists work in all areas of civil and tax legislation. If it is necessary to suspend the execution of a court decision, we provide our clients with:
- Advisory assistance at all stages of litigation;
- Collection of information and documents, as well as their analysis for legality and reliability;
- Assessing the prospects of the ongoing process for stakeholders;
- Assistance in drawing up statements, petitions, claims;
- Control over the progress of the case (deadlines for fulfillment of obligations by interested parties, legality of the actions of the client’s opponent or the bailiff);
- Representing the interests of the plaintiff in court even without his presence.
Our wealth of experience and extensive knowledge base helps us win every lawsuit.
We are always guarding the interests of the client!
Cases when a decision temporarily terminates a judicial institution
The court has the power to both cancel and suspend the process. The main reason for such actions is the filing of an appeal by the defendant. The petition is submitted along with the appeal to the court of cassation. The judge himself must issue a conclusion to the culprit to temporarily terminate the process so that he can hand it over to the bailiffs.
If a decision was made to completely cancel the resolution, then the enforcement proceedings should be canceled. This decision is made after consideration of the appeal during the court hearing. If the court sided with the defendant, then he must return all the seized property.
Note! The conclusion must be sent to the bailiff service as soon as possible so that they do not have the opportunity to begin enforcement procedures.
If a citizen notices unlawful actions on the part of the bailiffs, he must draw up and submit a complaint to a judicial institution. Such a statement will serve as the basis for preventing the execution of the decision until all the circumstances have been considered.
Expert opinion
Popov Dmitry Alekseevich
Practicing lawyer with 7 years of experience in banking law
A service employee has no right to be rude or rude to a citizen, illegally seize property, evaluate it or put it up for auction. And also deal with the seizure and re-registration of property.
Procedure for suspending a judicial act
To start the process, the interested person must submit an application to suspend the court decision to the district court to which the bailiff is assigned or to the court that previously made a decision in favor of the plaintiff. The application must indicate the details of all interested parties involved in the process. In this case, an official response from the government agency is sent to all participants within 10 days. Interested parties (including the bailiff) must appear in court for the hearing without fail. The failure of at least one of the participants to appear is not grounds for postponing the court hearing. The final court decision is sent by mail to all participants in the process.
Important:
suspension of execution of a court decision is not indefinite and final. As soon as the circumstances preventing the implementation of all points of the act disappear, enforcement proceedings are resumed.
Suspension of the procedure when filing a complaint against a service employee
When a citizen files a complaint against the actions of a bailiff, he has the authority to demand the suspension of the collection procedure. If this is not reported, the head of the regional service is unlikely to make such a decision on his own. Therefore, it is extremely important for the applicant to indicate this in the application. There is no need to write such a request separately; you can focus on this in the complaint itself.
Every citizen can find all the latest information about enforcement proceedings on the official website of the Bailiff Service.
Request for stay when filing a complaint
When filing a complaint against the actions of a bailiff, the initiator may ask to suspend the proceedings. Without such a request, the head of the regional service or his deputies have this right. But it is not a fact that it is used. Therefore, the applicant may draw attention to the need to suspend proceedings (and therefore all enforcement actions) until his complaint is considered on the merits. It may not make sense to draw up a separate statement. Such a request can be stated in the text of the complaint.
Up-to-date information on the progress of production is usually posted on the official website of the FSSP. If it is missing, you must apply to familiarize yourself with the enforcement proceedings.
