Debt recovery by court decision. Cancellation in court: All you need to know about the procedure court session on debt recovery

Situations where the debtors are in no hurry to return debt - not uncommon. In such cases, you have to seek protection in court. A judicial recovery of debts is a complex process that requires legal knowledge. It will not be possible to safely settle such a conflict without professional assistance, especially when the debt is recovered under the Service Agreement.

Procedural procedure for debt

To claim money through the court, the law allows you to use two ways:

1. Obtaining an order.
2. The excitement of the claim.

The first option allows you to solve the problem faster and easier, but a judicial recovery will not always be successful. To do this should be checked documenting Transactions, due to which the dispute arose. If the contract is issued, and the requirement is indisputable - proves with papers, then get this judicial document will not work.

If the rules on the form of the agreement are violated, or the amount of requirements exceeds maximum limit In five hundred thousand rubles (Article 121 of the Russian Code of Civil Procedure), then the statement of claim will be to begin.

Step-by-step instructions for receiving an order

A judicial recovery of debt in such a process begins with submitting an application for the issuance of an order. It is served at the place of residence of the defendant, if other rules are not established by the contract, according to which the debt originates. With the requirements of up to fifty thousand rubles, contact the world judge. If the amount of larger size is charged, then the statement is already required to the district court.

It should be specified:

• The name and address of the judicial instance.
• Personal information of the parties to legal relations that require protection.
• Applicant requirements.
• Documents establishing the right judicial debt recovery.
• List of documentation attached to the application.

If in ten days, after receiving a copy of this paper, the debtor will not send an objection to the court against its execution, the order is considered to be legal and the judicial recovery begins. He simultaneously acts as an executive document, and it is allowed to immediately send bailiffs to execution.

For the issuance of the order will have to pay a fee in the amount of half the amount paid by initiating the claim with a similar amount of requirements.

How to return money in lawsuit?

In the situation of making the debtor arguments against the execution of the order, or with the amount of debt more than five hundred thousand rubles, the recovery of debt in court occurs in the order of claim. In rare cases, the recovery of debts without trial can be initiated.

This is a claim for this. Articles 131 of the Russian Code of Civil Procedure establishes the requirements for the design of the claim.

It is necessarily prescribed:

• The name and address of the court.
• Information about the sides of the disputes.
• Conditions of violation of the rights or interests of the applicant.
• Circumstances that entail a judicial recovery of debt.
• The total cost of claims.
• On the direction of the pre-trial claim, if its disposal is obligatory.
• List of applied to the suit of securities.

If the statement does not indicate all this information, it will not be possible to initiate the consideration of the dispute, even if the debt is recovered in the arbitration court.

The proof is worth attaching to the claim:

1. The right to demand a return debt.
2. Debt size.
3. Calculation of the amount of the claim
4. Payment state duty (It is calculated according to the rules of Article 333.19 of the Russian NK).
5. Powers to represent the interests in court (if the lawsuit on the judicial recovery of debt is filed through the attorney, and not independently the plaintiff in the case).

Based on the claim, the court begins a case to consider the controversial situation. The prosperous recovery of debts in the court depends on the specific circumstances of the conflict and behavior of the participants in the process. Without the preparation and legal knowledge of the desired result, it is difficult to achieve, so it is important to stock support for a competent lawyer at the stage of design and submission to the court.

Stage execution of the decision

All judicial recovery ends with the execution of the act of justice. Law (FZ №229 from October 2007) permits the debtor to fulfill the decision voluntarily and determines the measures forced claims money People who are unwilling to fulfill their obligations.

The executive stage of recovery from obtaining the executive list begins. He is drawn up by the judge, considered the case, after joining legal force verdict. This time is provided for appealing the document, if the debtor does not agree with him.

The executive list is transferred to the bailiffs that begin the judicial recovery of debts and initiate production. To begin with, the debtor is given time for the voluntary payment of awarded judge, then the performers commit actions (only those that permits the law) aimed at compulsory fees.

They pay for a salary, property, deprive the rights of car management or prohibit travel abroad - do everything that provides for the judicial recovery of debt.

Judicial practice on the fulfillment of monetary obligations

When considering disputes on the return of debt, the courts proceed from the provisions of the Law on the mandatory implementation of monetary obligations, Therefore, they make a decision in favor of the plaintiffs. But the procedure begins with the filing of the claim for the recovery of debt under the Agreement.

So, the court of Leninsky district of Ufa, examined the materials of the case on the application of Fathutdinova N.P. To Ponomarev A.D. On the recovery of debt under the loan agreement, installed:

• The parties to the dispute concluded a loan agreement in the amount of 90,000 rubles. According to his conditions Ponomarev A.D. He undertakes to return debt to a specific date and pay 40% of the amount of the loan for the use of money. Ponomarev A.D. The obligations assumed did not fulfill and returned Fathutdinova N.P. Only 12 thousand rubles.
• Ponomarev A.D. The case did not come to the case, there was no evidence of the return of borrowed funds.
• The court checked the correctness of the execution of the transaction, the calculation of the amount of interest for the use of money, the amount of penalties for violation of the debt return period.

After studying all materials, the court satisfied the lawsuit, and recovered with Ponomareva A.D. The amount of the loan, interest for its use, penalty for the delay in the execution of the contract.

If you do not return a borrowed cash, and you do not know how debt is charged court decision, Turning to the site, you decide all your problems.

Employees of the portal site are lawyers who will help initiate judicial protection of property interests. All questions of experienced professionals will answer for free, you can ask a question a lawyer for free. And if a deep analysis of the situation is needed - paid services will be offered.

Going to the site site, you will learn about the recovery of debt, you can protect property interests quickly and efficiently.

So, what happened to what you were waiting for so long. Finally, you received an executive document for recovery from the debtor very decent monetary sum And we look forward to the return of your "blood". Well, if your debtor has money, and even better if he has a desire to return them to you. But it is no secret that cases of fast and easy return of overdue debt is quite rare. Most likely, at the time of receipt of the executive document, you have already tried a lot: negotiations with the debtor about the repayment of debt, sent him a claim with a detailed description of the legal consequences of evasion from paying for debt, filed a lawsuit to court, won the process and received a decision. At the same time, a considerable period of time passed: on average, the type of "debitory" business lasts from six months to a year. As practice shows, in most cases, the court will win - this is just half the way to have to go through the challenger. The second half, if your debtor is not financially wealthy, it is forced to fulfill the court decision.

Where does the executive document be presented?

There are several options for how the executive document can be brought to the recovery. According to the Federal Law "On Enforcement Proceedings", you have the right to submit an enforcement document to the territorial separation of the bailiff. It may be a branch, both at the place of residence (registration) of the debtor, and at the place of his stay (actual location), as well as at the location of his property.

In addition, you can and transfer the appeal to the bailiffs and submit an executive document to the bank, which discovers the account of the debtor. To find out, the services of which bank use the debtor, contact any tax authority With a statement about the provision of information about the debtor's accounts - and you can get this information after 7 days. And if your debtor is a citizen from the budget sector, then you can start from Sberbank: considering the share banking marketThat he takes, the chances of writing off the money debtor "at random" is quite large. The bank, who received an executive document from the recoverer, is obliged to independently set accounts and write off funds from all available accounts within the amount specified in the executive list.

Finally, the executive document may be brought to an organization that pays the debtor-citizen periodic payments (salaries, pension, scholarship). It can be a debtor's employer company, pension fund, educational institution And others. Legislation allows such a method of recovery if the amount of debt does not exceed 25,000 rubles or if the executive document compensates for health, alimony or other periodic payments are accumulated.

How to make a statement in the bailiff service?

In case, with the help of banks, an employer and other organizations, the debt is not possible, then you should contact the bailiff service.

Executive proceedings initiated by the bailiff on the basis of the statement of the recoverer or its representative. The original executive list and the proxy of the representative is applied to the application for the initiation of enforcement proceedings (if he signed the application itself).

Before filing the executive document, it is important to check whether a three-year term is expulsted on the presentation of the executive list, whether necessary information In the executive documents, see the list of requirements in Art. 13 FZ "On Enforcement Proceedings") and whether executive document Errors. Otherwise, the bailiff must refuse to initiate enforcement proceedings. True, it is worth noting that, for example, in last years arbitrage practice Critically refers to the failures in the initiation of enforcement proceedings due to the lack of information in the executive list about the place of birth of the debtor, pointing to the insignificance of this identifying information (see Resolution of the Arbitration Court of the Ural District of October 7, 2015 in case No.A60-19042 / 2015) .

Special attention is worth paying a power of attorney, that is, the powers of the representative. The text of the power of attorney should be indicated by the right of a trustee for presentation and review of the executive document. Otherwise, the contractor will decide on the refusal to initiate enforcement proceedings and will return an executive document. It is also worth knowing about other matters of the representative who are specifically negotiated by attorney. These are the right are:

• transfer of authority to another person (transmission),
• appealing of resolutions and actions (inaction) bailiff,
• receiving awarded property
• refusal of recovery on the executive document,
• conclusion of the settlement agreement.

Thus, in preparing a power of attorney, it is necessary to check whether the volume of the authorities specified in the power of attorney corresponds to the empires that are really necessary in the presentation of the interests of the recoverer.

It is important to carefully work on the content of the application. The application must specify the application for the imposition of arrest on property that you know:

• o. Information bank accounts,
• real estate (you can make requests in advance and attach to the statement of an extract from EGRN),
• motor transport (perhaps you took a copy of the certificate of registration of the vehicle),
• information about the place of work (specify the employer data, address, phone number),
• information from the register on the rights of the debtor's share in organizations,
• information about the wife of the debtor-citizen (the property of the spouse can be arrested, and the lender may require the separator's share of the debtor through the court).

Sometimes due to the lack of information in the statement of the information leads executive production A few months, whereas it could be done much faster.

We recommend when submitting documents to the office of the bailiffs department immediately ask, who will be transferred to the executive document from the bailiffs, find out the number of his cabinet and the contact phone number. The declare statement and the executive document are transmitted from the Office of the bailiff within 3 days. It is important to monitor compliance with this period (you can call or come again). In the executive production, non-working and holidays are not taken into account when determining the term. In practice, there are cases when, without any legal grounds, the executive document may lie in the Office for more than a year.

The bailiff for three days from the date of receipt of the executive document will decide on the initiation of enforcement proceedings or refusal to initiate enforcement proceedings. This process can also be ignored: if you need, you need to remind the connection of the deadline established in the law.

It is noteworthy that the recoverer had the opportunity to receive information on the progress of enforcement proceedings using email. To do this, it is necessary to inform your email address in a statement about the initiation of enforcement proceedings or in a separate notification. In addition, it became possible to send electronic appeals through personal Area Faces of enforcement proceedings. Electronic interaction on this Niva is still being improved, but already gives its modest fruits, allowing you to quickly receive and transmit information, applications and petitions.

Information on the initiation of enforcement proceedings and the data of the bailiff, which has been manufacturing, can also be obtained from the bank of these executive processes on the site of the bailiff service. In addition, you can subscribe to changes in information on the executive production of your debtor, which is very useful.

In addition, we recommend subscribing to a change in information about the debtor on the site. If a bankruptcy case has been initiated against the debtor, you will have two months (from the moment of publication) to include your claims in the register of creditors' requirements for subsequently satisfying them from the debtor's competitive mass. At the end of the procedure, the bankrupt organization will be excluded from the register of legal entities, and the citizen bankrupt can be released from debt payment.

Executive production was initiated, what's next?

After the excitement of the executive production, the bailiff sends electronic requests to Rosreestr, the Federal tax service, Traffic police, Pension Fund RF, in banks with which organized electronic document management, Registry office, gims, Rostekhnadzor, operators cellular communication, federal migration service. Answers to requests, as noted, arrive at the bottom of several days, and some for several weeks.

If there is an urgent need for arrest of the debtor's property, then with the bailiff, you need to agree on a joint departure, if possible, providing vehicles. It is best to leave for the debtor in the first of the first days of enforcement proceedings, that is, while he still does not know about the initiation of the procedure forced recovery. In this case, the debtor may not have time to carry liquid property to another place or "draw" documents confirming the disposal of property from its property.

During the departure, insist (and better - agree with the bait in advance) on the compilation of the act-inventory property, making a decision on the imposition of arrest on the property and the transfer of the arrested property for responsible storage to you (with the exception of the immovable, which cannot be transmitted to storage). If the property, when applying it, arrest is transferred to the responsible storage of the debtor or members of his family, then the debtor must be written in writing about criminal liability under Art. 312 of the Criminal Code of the Russian Federation "illegal actions in relation to property subjected to inventory or arrest or subject to confiscation."

If the amount of debt is over 2 250,000 rubles, remind the preil to the need to prevent the debtor about criminal liability under Art. 177 of the Criminal Code of the Russian Federation "Glorious repayment evasion accounts payable" In the future, this can give additional opportunities for the debtor to repay the debt.

In the event that the debtor will preile or refuse to fulfill its legal requirements, it can be attracted to administrative responsibility provided for by Art. 17.14 Administrative Code. By the way, on the specified article may be fined any individuals and organizations that do not fulfill the requirements of the bailiff for the provision of information, transfer of money, etc.

How to limit the debtor leaving abroad?

Picklight has the right to limit the debtor for six months. Russian Federation, if a:

• the debtor is notified of the initiation of enforcement proceedings,
• the basis for recovery is a judicial act,
• expite 5-day term for voluntary execution of the judicial act,
• debt exceeds 30,000 rubles (and socially important recovery - alimony, compensation of moral damage, etc. - 10,000 rubles).

If the amount of recovery from 10,000 to 30,000 rubles, then such a measure can be applied after two months provided for the voluntary execution of the judicial act.

If six months after making a judicial act, the debtor still did not pay the debt, the abill may re-impose a ban on the departure of Russia. The recoverer is important to monitor the completion of the specified terms and remind of the preil to the need to re-issue a resolution on the restriction of the debtor of the departure abroad.

How does the bailiff sell the property of the debtor?

First of all, the recovery of the debtor's money is made. As long as all its bank accounts are tested, the arrested property will not be exhibited for implementing. Therefore, it is important to find out whether the existing debtor's accounts are checked if there are answers to banks. If there is no money in bank accounts of the debtor, or not enough, the abill starts assessing and implementing the arrested property.

Specialized organizations carry out the assessment and sale of property of the debtor. At open auction in the form of auction sold:

• things are more expensive than 500,000 rubles,
• the property,
• securities,
• property rights,
• the mortgaged property for which the recovery is facing to meet the requirements of a recoverer who is not a pledgee,
• objects having historical or artistic value.

The organization and auction is engaged in the Federal Property Management Agency. Information on the sale of property at the auction is published in periodicals and on.

If the property is not sold after the first bidding, the bailiff reduces its value by 15% and again exposes to the auction. If the re-trading did not take place, the abutment suggests the recoverer to pick up unrealized property with a decrease in cost by 25% of the initial price in the account of debt repayment. If the recoverer for five days after receiving the offer does not take away the unrealized property, then it is returned to the debtor. According to the law, the implementation of property is carried out within two months, but in practice this procedure takes three months to two years (it depends on the termination of the bailiff, the appraiser, the implementer, as well as on the involvement in the process of implementing the recoverer itself).

It is impossible not to mention and about simplified manner Property implementation cost less than 30,000 rubles. In case of overlapping an arrest on such property, the debtor has the right for ten days from the date of the notice of an assessment to submit a petition for independent implementation. The attractive can provide the debtor the opportunity to sell property within ten days. The recoverer after obtaining the assessment of the property also has ten days to submit a petition for leaving the property. In the absence of a petition for self-implementing on the part of the debtor or unsuccessful realization of the property, the bailiff bailiff offers the property to the recovery in the account of debt repayment. If the recoverer refuses to accept it, the property is transmitted to forced implementation in the usual basis.

Thus, the debtor first is given the right to realize the property worth less than 30,000 rubles. Then the right to pick up property in the account of debt is provided to the recoverer. If the recovers who submitted a petition are somewhat, then the first will be the one whose requirements are higher in the scene defined by Art. 111 FZ "On the enforcement proceedings, and if the collectors relate to the same queue - he whose sheet entered the compulsory performance of the other.

It is important to take into account that the debtor-citizen has an executive immunity established by Art. 446 Code of Civil Procedure of the Russian Federation. No accomplishment of residential real estate, which is the only one suitable for the debtor and his family.

Disputes regarding the provision of immunity to multimet houses and apartments of the debtor still do not subside. The Constitutional Court of the Russian Federation recommended the legislant to develop the necessary legislative Base To overcome the immunity on a living area, exceeding the social norms of housing, there are several bills who suffered fiasco. However, the question is discussed, and sometime the point will be delivered.

It is worth noting two important aspects. First, immunity involves the prohibition of implementation, the arrest of property is not prohibited. Therefore, when the inheritance is opened within the value of inherited property for the debts of the testator, the heirs will answer, and if the property will be fatal, he will inherit the state represented by the Federal Property Management Agency or the municipal education (if inherited land or residential real estate). It is important that the arrest imposed on the residential property of the debtor was preserved and the executive production was not mistakenly over or discontinued.

Secondly, as long as the legislator thinks how to correctly recover from part of multimetable residential premises The debtor, there was a judicial practice that allows you to allocate a part of the property (one or more rooms) and implement it at the auction. It is pretty boldly, progressively, but not too common.

In compulsory performance, an important issue is the presence of the debtor of a common property acquired in marriage. Sometimes, all the property is recorded on the spouse (spouse), and here the bailiff has a rarely used opportunity to request information about such property and impose arrests to him before permission to allocate the share of the debtor from the common property of spouses.

Is it worth appealing the actions of the bailiff?

According to the law, the requirements contained in the executive document must be executed by bailiff within a two-month period from the date of initiation of enforcement proceedings. This does not mean that in two months the debt will be recovered. It also does not mean that the bailiff will decide on the end of the enforcement proceedings.

The expiration of the deadlines for the execution and the use of compulsory measures does not entail the consequences in the form of the end of the enforcement proceedings. The executive document can lie near the bailiff. Therefore, the appeal of the inaction of the bailiff in connection with the delay in two months may be unpromising. Hasional executive (Senior bailiff) or the court will refuse to satisfy such a statement.

In practice, the appeal of the actions of the bailiff leads to excessive formalism in its work in your production. Therefore, it is better to have a trust relationship with the bait.

Complaining to the older bailiff, in the prosecutor's office or the court we recommend only when it comes to a significant violation of your rights (for example, if the attracting makes illegal actions or if there are information and facts that the attribution with the debtor). We recommend that you notify the bailiff for the intention to file a complaint: perhaps the ability to fix the mistakes allowed or stops inaction, and it is not necessary to complain.

The article is written specifically for the site.

bankruptcy, execution of decisions, collector services

Law Bureau of Lawyer Demin Viktor Vasilyevich provides a range of services for recovery accounts receivable. If you are doing business and faced the problem of accumulation of debts from the counterparties, welcome to our company! Our lawyers are happy to consult you and select the most optimal solution to the situation.

We list the main advantages that our lawyers have the recovery of receivables:

• Ownership of negotiation skills;
• Ability to resolve the dispute to the court;
• Reliability, operational, timeliness of the provision of services;
• Compliance with the principle of storage of lawyers;
• Development of several options for resolving the situation;
• The ability to competently compile documents;
• Narrow specialization of lawyers in a particular branch of entrepreneurship;
• Successful dispute resolution in judicial order.

Basic services

• Consulting Services Lawyer for Debt
• Distance complaints
• Filing a claim and maintenance at meetings

10.04.2019 - Successful protection of the interests of the client in the framework of the arbitration dispute to recover the debt from the counterparty. The lawyer managed to assist in confirmation of debt, the court ruled in favor of the principal.

18.03.2019 - The case was completed on the recovery of receivables from the company, which was reorganized. The successor of the lawyer identified the successor of the firm, the appellate arbitration court decided that the amount of debt should be paid in full.

13.02.2019 - The arbitration addressed the case of transferring receivables to third parties under the contract. The decision was made in favor of the principal.

25.01.2019 - successfully defended the rights of the principal in the case of recovery of debt from the enterprise passing the bankruptcy procedure. After the realization of the property, the funds were returned to the lender.

04.01.2019 - The case was completed on the recovery of debt from the company, deliberately evading payment. The plaintiff (client of our bureau) sued fraudulent actions, providing evidence to the court. The debtor paid funds under the settlement agreement.

We provide services for the recovery of receivables turnkey

Our task is to provide the client to the maximum services and return the cash

Legal services to recover receivables

Clarification of rights and analysis of contracts

At the consultation, the specialist of our bureau carefully examines the agreement between the principal and the counterparty, followed by receivables. After that, the lawyer will make a permit plan of a problem that includes pre-trial settlement And the extreme measure is the statement of debt through the court.

Filing a claim to court

If pre-trial negotiations did not give a result, the lawyer of our company will help properly arrange a statement in judicial authorities. Lawyers for the recovery of receivables have extensive experience in the preparation of procedural documentation. Their help will contribute to the beginning judicial trial without delay.

Support of the client in the judiciary

The lawyers of our company offer representative services in the courts of various levels. At meetings, lawyers protect the rights of their principal. Quite often, our customers do not attend the courts, fully trusting this issue to our specialists. If the decision did not suit the principal, then the lawyer will appeal it.

Rapid debt recovery to court

We adhere to the opinion that all measures need to be taken to resolve the problem without addressing judicial authorities. Professional lawyers to recover receivables in Moscow have tremendous experience in the peaceful settlement of issues with legitimate methods.

We will negotiate with the debtor and do everything to be paid in the shortest possible time.

Services of a lawyer to recover receivables

• Clarification and determination of methods for debt collection;
• Help at the pre-trial stage of solving problems;
• Legal expertise of contracts with counterparties;
• Submitting a claim to the arbitration instance;
• Recovery of receivables from legal entities;
• Obtaining and transferring an actuator into the relevant structures;
• Representation of the company at each stage of the arbitration process;
• Submission of complaints in appeals, cassation, supervisory instance.

The cost of a lawyer's services to recover receivables

Help professionals

Supreme Court of the Republic of Adygea (Republic of Adygea) - Civil and Administrative

A contract of donation, or that during the transmission of the specified share as a gift had any counter-granting provision. Loan agreement in the required writing (Art. 807, 808 Civil Code The Russian Federation) is not issued, receipt of receipt, the return of the loan is not presented. In addition, the court of first instance reasonably indicated that the plaintiffs did not indicate what exactly was expressed ...

Resolution No. 44G-20/2019 4G-903/2019 of September 11, 2019 in case number 2-73 / 2019

Kirov Regional Court (Kirov Region) - Civil and Administrative

The fact of the transfer of funds, refusing a lawsuit, proceeded from the fact that the parties did not conclude a written contract. These findings contradict the provisions of Article.807 and 808 of the Civil Code of the Russian Federation. In accordance with Part 1 of Article 807 of the Civil Code of the Russian Federation under the loan agreement, one party (lender) transfers or undertakes to transfer to the ownership of the other side (...

Resolution No. 44g-211/2019 4g-3687/2019 of September 11, 2019 in case number 2-2540 / 2018

2014 for six months, with a payment of interest 4% per month. Allowing the claims Shevchenko I.V. Essentially, the court of first instance, guided by Articles 807, 808, 810, 395 of the Civil Code of the Russian Federation, Articles 56, 60 of the Civil Procedure Code of the Russian Federation, on the basis of an assessment of the presented evidence, including the presented receipts from 10 ...

Resolution No. 44G-218/2019 4g-3120/2019 dated September 2, 2019 in case number 2-7808 / 2018

Volgograd Regional Court (Volgograd Region) - Civil and Administrative

Symptoms, and the borrower undertakes to return the lender the same amount of money (the amount of the loan) or an equal number of other things they received the same kind and quality. Article 808 of the Civil Code of the Russian Federation has established requirements for the form of a loan agreement, according to which the borrower or other document may be presented in confirmation of the loan agreement and its conditions.

Solution No. 2-711 / 2019 2-711 / 2019 ~ M-780/2019 M-780/2019 dated August 30, 2019 in case number 2-711 / 2019

Borzinsky City Court (Transbaikal Territory) - Civil and Administrative

Less than ten times established by law minimum size wages, and in the case when the lender is a legal entity - regardless of the amount (paragraph 1 of Art. 808 of the Civil Code of the Russian Federation). According to Art. 434 Civil Code of the Russian Federation Agreement may be concluded in any form provided for transactions, if the law or agreement of this species is not established ...

Decision number 2-4669 / 2019 dated August 30, 2019 in case number 2-2633 / 2019 ~ M-1601/2019

Dzerzhinsky District Court of Volgograd (Volgograd Region) - Civil and Administrative

The number of things received by him of the same kind and quality. The loan agreement is considered concluded from the moment of transferring money or other things. According to paragraph 1 of Art. 808 Civil Code A loan agreement between citizens should be concluded in writing if its sum exceeds at least ten times the minimum payment amount established by law ...

Solution No. 2-3124 / 2019 2-3124 / 2019 ~ M-2606/2019 M-2606/2019 dated August 30, 2019 in case number 2-3124 / 2019

Kirov District Court of Rostov-on-Don (Rostov region) - Civil and administrative

It was concluded in writing if its sum exceeds ten thousand rubles, and in the case when the Leader is a legal entity, regardless of the amount (paragraph 1 of Article 808 of the Civil Code of the Russian Federation). By virtue of paragraph 1 of Article 809 of the Civil Code of the Russian Federation, unless otherwise provided by law or the loan agreement, the lender has the right to receive from the borrower ...

Solution No. 2-491 / 2019 2-491 / 2019 ~ M-441/2019 M-441/2019 dated August 30, 2019 in case number 2-491 / 2019

Morghaus district court ( Chuvash Republic) - Civil and administrative

And its conditions can be presented to the Countain of the Borrower or other document certifying the transmission of a certain amount of money or a certain number of things (part 2 of Article 808 of the Civil Code of the Russian Federation). Thus, for qualifying the relations of the parties as borrowed, it is necessary to establish the appropriate nature of the obligation, including the achievement of the borrower duty agreement between them to return the money received ...

Debt recovery by the court decision is carried out forcibly. It happens already at the executive production stage. The dispute won in court does not guarantee that the obligatory side will pay off the existing debt independently. If this happens, you need to wait when the judicial act comes into force, receive an executive list and send the document to the bailiff service. As a result, the defendant will have to return money in a compulsory. How quickly the plaintiff will receive them depends on the work of the bailiff.

How to start an enforcement proceeding for debt?

To get money from the defendant by court decision , The plaintiff must initiate enforcement proceedings in the Department of Bailiffs. The procedure for compulsory retention of funds from the defendant is regulated by Federal law from 02.10.2007 year No. 229-FZ.

The procedure is carried out in three stages:

1. After the receipt of documents from the plaintiff, production is initiated;
2. The forced retention of funds is carried out in the account of debt repayment;
3. The decision on the completion of the actions of the bailiff is made.

The attractment makes executive actions at the debtor.

In order to find out which SPP department to contact, you should find out information on the FSSP phone. You can also use the Internet resource resource.

How to write a statement?

The statement about the start of production is filled in free form. The document will require indicate:

• name of the SSP department;
• data on the claimant;
• information on the executive document;
• information about the defendant and its property;
• the request to resolve the question of searching and arresting property;
• the requirement to start production;
• date and signature.

For legal entities:

For individuals:

The application is filled in two copies. One is transferred to the bailiffs. On the second, which remains from the applicant, the incoming stamp with the date and signature of the responsible employee is affixed.

To apply for a compulsory recovery is needed before the end of the three-year period from the date of the judicial act of the judicial act.

What documents to attach?

An executive list is applied to the application. Additionally provided:

1. judicial act;
2. copy of the passport (if the debt is charged with individual);
3. constituent documents (if the debt is charged with legal entity);
4. extract from EGRIP (if the debt charges with IP);
5. bank account details;
6. information about the property of the defendant;
7. information about the place of employment of the debtor-citizen.

If the documents are submitted by the representative, you need to make a power of attorney with powers to participate in production on behalf of the recoverer.

All documents specified on the list can be exterminated by the bailiffs service from the relevant organizations and departments, if the recovere can not receive them on the objective reasons independently.

When is the decision on the start of enforcement proceedings?

Within three days from the date of submission of documents, a decision is made on the start of production. The attractment makes a decree and directs it to the charter and debtor.

The debtor is invited to voluntarily eliminate debt within five days from the date of receipt of the notice. If he did not respond to the requirement, forced measures are applied.

Duty should be recovered within two months from the start of production.

To do this, the addicts requests to various organizations and departments in order to search for accounts, deposits, securities, real estate, etc.

Arrest property

If the question of arresting personal property is considered, the prefation leaves for the debtor. During departure:

1. designed inventory of identified property;
2. the decree on the imposition of arrest is made;
3. arrested property is transferred to the storage of a responsible person.

Timely arrest helps to prevent the actions of the debtor to conceal property. From now on, he has not entitled to manage his property. It can not be made, sell, rent, give securities.

The arrest is superimposed not only for real estate. Under the interim measure can be bought in bank, securities, receivables.

Storage of arrested property

In cases where it is necessary, the bailiff must ensure the storage of the described property. At the same time, it can entrust the debtor all the costs incurred for storage. If for two months from the date of transfer of property to storage, the debtor does not take the arrested (described) property, then the addition is entitled to transfer it to the implementation, warning the debtor's written about it.

Violation of the regime (rules) of the storage of the described property with a responsible keeper may entail the use of administrative punishment to him (Art. 17.14 of the Code of Administrative Offenses of the Russian Federation), so it can get rid of the property transferred to storage can be more expensive.

First of all, the debt is repaid at the expense of the debtor's accounts. The attractment makes a resolution with the indication of the accounts and the amount of funds to be debited. The document is sent to B. financial organizationsIn which the debtor has open accounts. The obligation of the Bank is the fulfillment of the requirements contained in the judicial decision.

If the money is not enough, the property of the debtor is called. Pouring spends its rating. If necessary, a professional appraiser is attracted for this. Then the defendant's property is implemented through a specialized organization. The proceeds are sent to the elimination of debt.

If the amount of debt does not exceed 30,000 rubles, the debtor has the right to sell his property independently. It is necessary to do this no later than 10 days from the date of receipt of the evaluation notice.

When is the decision on the completion of executive actions?

The procedure is completed by the end of production. In accordance with Article 47 of the Law No. 229-FZ, the baits will decide in the following cases:

• requirements are fully executed, debt is repaid;
• the executive document is returned to the statement of the recoverer or due to the lack of property in the debtor, the impossibility of establishing the location of the defendant;
• the executive document is returned at the request of the court;
• the debtor company is eliminated;
• the defendant is recognized by bankrupt;
• the executive document is aimed at organizing periodic payments;
• the limitation period of the judicial act is expired.

If the recovere does not agree with the decision of the bailiff, it has the right to appeal it through the senior bailiff or court.

Is it possible to do without a bailiff?

In practice, the question arises how to recover money after the court decision without the help of the bailiff. In order to reduce the debt repayment period, the recoverer may transfer the executive document to the bank or an employer of an individual directly.

How to get money through a credit institution?

IN more than Apply to the bank is advisable when debt collection from a legal entity or with IP.

The recoverer must perform the following actions:

1. receive an executive document in court;
2. write a statement B. credit Organization defendant;
3. submit confirming documents.

The application is drawn up in two copies. One is transferred by a credit institution specialist, the second - returns to the applicant with an incoming stamp.

If the respondent's account has money, they are written off in favor of the plaintiff within three days.

It happens that cash in the account is not enough. In such a situation, the Bank returns documents with a marking on partial performance. If it is known, in which credit institutions other accounts are open, a new statement is applied. Otherwise, you need to contact the bailiff.

How to get money through the employer?

In the case when the debtor is an employed citizen, you can contact your employer directly. The following conditions will be observed:

• the amount of requirements should not exceed 100,000 rubles;
• the employer must list payments on a regular basis;
• the debtor's income must be distributed to recovery.

The plaintiff refers to the employer with a statement that indicates information on the executive document and details for the transfer of funds.

Law No. 229-FZ limits the limit amount of deduction. After payment of NDFL At the expense of debt repayment should be no more than 50% of wages. According to aliminal obligations and on compensation for harm maximum size Hold is up to 70%.

Let's summarize

Thus, to recover the debt by the court decision, you can contact the credit institution, to the employer of the debtor-citizen or in the SSP. If, in addition to accounts or permanent earnings, the defendant has other property, it is recommended to immediately contact the bottom. It has the widest powers to apply forced measures (for example, to produce an inventory and arrest of property) and thus ensure the further possibility of forced debt recovery.