The concept and features of debt collection under writ of execution. How to collect a debt by court order: instructions for creditors How to collect a debt in enforcement proceedings

Collection of money through the debtor's bank is the fastest and convenient way execution of a court decision. If, of course, the account is active, and there are enough funds on it. The ability to collect debts directly through banks where debtors have accounts is provided for in Article 8 of the Federal Law “On Enforcement Proceedings”. Execution in accordance with this article takes place without the participation of bailiffs.

From which debtors can money be collected through a bank?

From almost any debtor who has a bank account. It could be entity, individual entrepreneur, individual. The exceptions are banks (you need to collect money from them), government agencies, local governments, budget organizations(to collect money you need to communicate , ) etc. .

Which bank should I send the writ of execution to?

So, you know in which banks your debtor has accounts (). Of course, the information may become outdated, the account may be empty, the debtor may promptly close it and open an account somewhere else. And there is only one writ of execution and it is presented in the original. Therefore, if there are several accounts, the following information must be taken into account:

check if the bank's license of the Central Bank for banking operations has been revoked. When the license is revoked, the bank no longer carries out any operations on accounts, incl. does not foreclose on money in customer accounts. The relevance of the license is possible. If the license is revoked, you will see the following picture:

debtor's account information tax office priority. By law, banks are required to inform the tax office within 3 days of opening, closing accounts, changing details. That is, in most cases it will be the most up-to-date and official information about accounts. Well, except for the case when the debtor promptly closes one of his accounts;
pay attention to the age of the information. For example, if your agreement with the debtor of 2008 specifies one bank, and other details are posted on the new website of the debtor, it may be worth giving priority to more recent account information;
consider the geographical location of the bank. When there is a branch of one of the debtor's banks in your city, it is easier to first take the writ of execution there. If you cannot recover through this bank, then you can at any time pick up a writ of execution and apply to another bank;
consider information about economic activity debtor. If you are a company or an entrepreneur, then you can find valuable data in your accounting department. See from which accounts the debtor transferred payment to you, where, and how long ago you transferred money to him. Perhaps your accountant communicates well with the debtor's accounting department and is aware of which account he has more money. Well, and so on.

Please note that, as a rule, you can take the writ of execution to any branch of the debtor's bank. For example, if the debtor has an account in the Moscow branch of the bank, and you live in St. Petersburg, you can not send the sheet to Moscow, but present it to the St. Petersburg branch or branch of the bank. You can send the sheet to the head office of the bank, or you can send it to the branch. I tried different variants and everything went well. But you can additionally clarify the information by calling the bank.

What package of documents is needed for execution through the debtor's bank?

- original writ of execution. If possible, the court must stitch it with threads and affix the stitching with a seal and signature. In my practice, it happened that the bank returned the sheet without execution, demanding that the sheet be flashed in court;

bank application for execution- 1 copy when sent by mail, 2 copies for personal delivery. Mandatory information in the application: details of your account to which the money will be transferred (required details of the exactor himself, which is indicated in the writ of execution, you cannot indicate someone else's account); if you are an individual: full name, citizenship, passport details, address of registration / temporary registration, TIN, details of a migration card and a document for the right to stay or reside in the Russian Federation; if you are a legal entity: full name, TIN / code foreign organization, OGRN, place of state registration, legal address.

copy of the passport(1 page and registration), a migration card, a document for the right to reside in the Russian Federation, a certificate of temporary registration - for claimants - citizens, with the original passport upon personal submission;
power of attorney– if you are submitting and signing documents on behalf of a company or another person + the original passport of the representative when applying in person.

Documents can be submitted to the bank in person (then be sure to ask to put a note of receipt on the second copy of the application). Or you can send it by mail. I strongly recommend that you send it by a valuable letter with an inventory of attachments and a return receipt, save the inventory with a mail stamp and a receipt / register of sending. This is in case the writ of execution is lost during shipment, so that you can later.

How soon will I receive my money?

By law, the bank is obliged to execute the presented sheet immediately. That is, if there are no claims on the package of documents, there is enough money in the debtor's account, you can get money on the day the documents are submitted or the next day.

Within 3 days from the date of execution, the bank will send you an official letter. There, either the fact will be stated that such and such a sheet was executed then, or it will be said that Money there is not enough on the account, a collection order has been issued and put in a file cabinet (sometimes they just send a copy of the collection order). Or in case of return of the sheet, the reasons and claims of the bank to the package of documents will be indicated. You can correct any errors and submit the sheet again. But it is better, of course, to clarify the nuances when serving, so as not to run several times.

What to do if the money from the debtor does not come?

It is reasonable to wait about 2 weeks from the date of submission of the writ of execution to the bank. During this time, the necessary amount may fall into the debtor's account, then the money will be transferred to you. Only partial fulfillment can come.

Try contacting the bank and clarifying about the problems with the debtor's account - this may be an arrest issued by bailiffs in favor of another claimant, perhaps the debtor simply does not use this account and does not keep money on it. Sometimes such information is given directly at the time of receipt of documents.

If there is no money in the account, the account is inactive, arrested, etc., it is worth picking up a writ of execution from the bank. To do this, write an application to the bank, submit it in person or send it by mail. If the application is signed by a representative, attach a power of attorney.

After returning the original writ of execution, you can present it to another well-known bank of the debtor or to the bailiff service.

Or could it be that the bank conspired with the debtor and will not comply with my decision?

In my practice (and this is more than 4 years and hundreds of writ of execution sent), this has never happened. Banks are afraid of claims from the Central Bank, so they strictly comply with the law and clearly collect money from debtors' accounts. If this happens, then only through the fault of a particular employee. In this case, you can always complain about him to his superiors and the issue will be resolved in your favor.

Repayment of debt under an executive document- this is a voluntary or compulsory execution of a requirement in the framework of enforcement proceedings. The debtor has the right and obligation to repay his debt on voluntary basis. For this, a certain period is set, which, according to general rule, does not exceed 1 - 5 days from the date of receipt of the decision to initiate enforcement proceedings or from the date of receipt by the debtor of a copy of the executive document. If the demand is not fulfilled or cannot be fulfilled on a voluntary basis, firstly, an additional obligation is imposed on the debtor to pay the enforcement fee, and, secondly, the entire arsenal of available enforcement measures can be applied to it.

The procedure for the voluntary repayment of a debt and the process of its forced collection are regulated by the Law on Enforcement Proceedings. The law applies as in a recovery situation FSSP debt RF (bailiffs), and in cases of direct presentation of a writ of execution by the recoverer to the executor.

Voluntary debt repayment

The debtor may repay the debt writ of execution both within the period of time fixed for that purpose and within the framework of enforcement. In the first case, he will not be obligated to pay the enforcement fee, and no enforcement measures will be applied. In the second case, the voluntary repayment of the debt allows you to complete the enforcement proceedings and remove all prohibitions and restrictions associated with enforcement.

If the debtor has a desire to repay the debt voluntarily, but there is no way to do it immediately and in full, in order to avoid the seizure and sale of property or other measures of influence, it is necessary to resolve the issue of postponing or installment payment of the requirement.

This is done by applying to the court that issued the act under which the recovery takes place, or to the court at the place of enforcement proceedings. In addition, you can apply with a corresponding application to the bailiff, and he, if he considers the request justified, will independently prepare a presentation to the court.

In general, when the debtor shows interest and activity in repaying the debt, both the bailiffs and the courts tend to make concessions. But installments or deferrals will not be granted just like that, just because the debtor needs it. It is necessary to substantiate the request with good reasons, for example, difficult financial situation, which is temporary, illness, high costs associated with treatment, etc. In addition, the debtor must justify the period for which he requests a deferral, or the proposed installment regime.

Enforced collection begins if the debtor fails to repay the debt within the period for the voluntary performance of the obligation. The only thing that can postpone the start date for the introduction of restrictive, prohibitive measures, the sale of property or suspend procedures is the establishment of a deferral or installment plan.

Forced debt is repaid in different ways. It all depends on the nature of the debt. judgment on it, awarded or established order execution of the executive document and other circumstances of the case.

Main options:

If the debtor has bank accounts and funds on them, as well as when income is received on the accounts, the bank may be the direct executor. In this case, the credit institution starts execution after receiving the enforcement document either from bailiffs or from the creditor. Under certain conditions, the bank may be both the creditor-collector and the executor.
If the debtor works, the writ of execution may be sent for direct execution at the place of work. From debtors-pensioners, the debt is collected by deducting a certain percentage from the pension. The direct executor is the FIU. Foreclosure on wages, pensions and other income is possible only in three cases:
repayment of debt - payment of periodic payments, for example, alimony;
it is necessary to collect a debt in the amount of up to 10 thousand rubles;
the debtor does not have money and property to repay the debt in full.
In a situation where the debtor has no income, with a large amount of debt that cannot be repaid by periodic payments, in other situations where the debt cannot be collected in full, the bailiffs decide to seize the property and funds of the debtor. In the future, the property is sold at auction.
If there is no property, and there is no income at the expense of which the collection can be carried out, the debt actually “hangs”. Periodically, bailiffs will check whether the debtor has assets, a place of work or other sources of income. The result may be the end of proceedings and the return of the writ of execution to the recoverer due to the impossibility of execution. True, this does not deprive the creditor of the right to re-apply, which entails a restart of the entire procedure.

The timing of the execution of a writ of execution by bailiffs in practice varies greatly in time. The fact is that only actual performance can speak of performance, which is far from always possible. As a result, many cases last for years, stop, end, resume again. And then either the creditor will get tired of waiting and will no longer insist on continuing the process, or the debtor will return the debt, or the entire debt will be collected from him gradually.

A standard enforcement action on a writ of execution (enforcement proceedings) lasts 2 months. executive document or another term for the fulfillment of the claim may be established by law. Suspension of proceedings, installments and delays, postponement of enforcement actions in time are not included. Therefore, enforcement proceedings can last for years, as well as the actual collection of debts.

Hello! In this article we will talk about the concept of debt on writ of execution.

Today you will learn:

How to get a writ of execution;
How is debt collection carried out?
Is it possible to sell debentures if the writ of execution is already in effect.

Now debtors are not uncommon, and it is realistic to recover money from them only by going to court. They are not even afraid that, due to unpaid debts, property may be seized, and he himself may be put on the wanted list. Today we will talk about how to prevent such a development of the situation and fulfill our obligations.

The concept of "executive list"

A writ of execution is a document that confirms the fact that there are debt obligations that are obligatory for repayment. It is issued to the plaintiff when the judicial authorities decide to collect the debt from the defendant.

Where to apply for a writ of execution

Both the plaintiff and the defendant may apply to the office judicial authority or to the business department. It will also be sent to the bailiffs within ten days.

To be issued a sheet, you must present:

Passport (or other document that will confirm the identity);
The court's decision.

In addition, the document is issued against signature.

How to find out if you are a debtor and execute a court decision

Conducting enforcement proceedings only seems like an easy task. In fact, one has to face various difficult moments. There are also situations when debt collection cannot be carried out for various reasons and the production is closed.

The plaintiff has two options for enforcing the judgment:

Trying to collect debts on writ of execution on your own;
Send the sheet to the FSSP.

The debtor can find out about his outstanding debts using the service on the website of the bailiffs.

How to repay a debt through bailiffs

The writ of execution is accepted by the bailiff. He must take measures as a result of which the requirements of the claimant will be satisfied.

The bailiff decides with the help of which coercive measures the debt will be collected, while taking into account the wishes of the plaintiff. A set of measures should be applied so that the case is resolved as quickly as possible.

The debtor is given five days to make a voluntary repayment of the debt. This is possible only if the presence of debt is a fact that happened for the first time.

If you are a recoverer, then you have every right not only to remind bailiffs about the case, but also to demand a report on the activities that are carried out as part of debt collection.

The standard period given to bailiffs for collection is two months. But in fact, work on the writ of execution can be carried out for several years. It is especially difficult to achieve recovery when the debtor is in hiding. Most often, bailiffs do not take serious actions to search.

If there is a violation or delay in the deadlines, you can contact the prosecutor's office and complain about the inaction of the FSSP, but this measure cannot be called effective either.

So do not be lazy and remind the bailiff of his duties.

Additional collection actions

You, as a plaintiff, can personally demand from the debtor the performance of his obligations;
If there is information about open in the name of the debtor bank accounts, you can contact banking organization by submitting the completed request and the original writ of execution. You can specify the full amount of the write-off, or part of it, at your discretion.
You can apply with an application at the place of work of the debtor, in the application, ask that the debt be withheld from the salary, and then the funds should be sent to the account of the recoverer.

Remember that the amount of debt will be collected only for the last 3 years, this is especially true when it comes to a writ of execution for.

Important subtleties

The writ of execution is considered where the debtor lives, or in the area where unlawful acts were committed. If the proceedings are open in relation, the paper is sent to the address indicated as legal.

It is worth noting that the defendant is rarely ready to make a voluntary repayment of the debt, usually he does this only when there is nowhere else to retreat.

It must be remembered that even an appeal to bailiffs does not guarantee that the debt will be returned.

How to collect debt from an individual

In part, we talked about this a little earlier, now we will dwell in a little more detail.

Note that when a debt is collected from an ordinary citizen, the FSSP sends a number of requests to different authorities:

In the Federal Tax Service, to find out information about the last place of work and salary;
To the department pension fund to find out whether contributions are deducted from the salary and in what amount;
To the Registration Service to clarify whether the debtor has real estate;
In the traffic police, to find out if the debtor has a vehicle;
To the largest banking organizations in the region, where you can find out about the debit and deposit accounts of the debtor.

The most successful option for bailiffs, if, thanks to inquiries, it is confirmed that wealth the debtor has.

If the debtor does not have property, accounts or official employment, the chances of recovering the debt are low. But they are. First, they issue a ban on travel to other countries. Then you can try to establish family ties of the debtor, common property with relatives and, through the court, try to allocate a share from this property to pay off the debt.

How to collect debt from a legal entity

More difficult than with a physical person. Procedure in this case longer and requiring a careful approach, although the procedure for collecting debts is similar to the previous one.

Main points:

Send requests to different authorities in order to find out the availability of assets and working capital;
A trip to the address where the enterprise or organization is located;
Sending official letters and writ of execution demanding repayment of the debt.

If the debtor is a credit institution, the issue can be resolved without resorting to coercion. If the bank values its reputation, it will return the funds quickly. Otherwise, the debt is subject to compulsory collection through the FSSP.

It is difficult to collect funds from insurance companies. As soon as the writ of execution is ready, the plaintiff applies to the banking organization in which the debtor's account is opened. A demand is made to recover part of the funds in favor of the applicant, while indicating the necessary details.

If there are funds on the account, the bank can collect them, but if not, you will have to contact the bailiffs.

It is always difficult to collect funds and it does not depend on who the debtor is - an individual or an organization.

Which accounts are not subject to seizure

Bailiffs have the right to seize the found accounts of the debtor.

But there are restrictions according to which they cannot be arrested:

Bank accounts and cards to which child allowances and other social payments are transferred;
payroll accounts;
Salary bank cards.

Even if the bailiff issues a decision to arrest them, and the debtor proves that the account is a salary account or another of those indicated in the list, the decision must be canceled and the arrest removed. Let's explain this point in more detail.

Debt from social benefits, pensions or salaries can be collected, the legislator allows this. But this should be done through the accounting department, which calculates them. In addition, the presence of a writ of execution does not give anyone the right to take away from a person all the means of life (if we are talking about an individual).

Example. The debtor has a salary, the amount of which is 20 thousand rubles. At the same time, he has two small children and a disabled dependent dependent relative. This means that more than 1/4 of the specified amount cannot be recovered.

Sale of property

With regard to property, it can be sold and through this to cover the debt, but here there are restrictions. You cannot put up for sale the only housing, orders and medals (if any), household utensils necessary for life and food.

Deadlines for collecting debts under a writ of execution

Due to the timing, the most heated debate flares up. Although the plaintiff needs to familiarize himself with the information on the terms in advance so that the debt is collected in a timely manner.

So, the first thing the plaintiff needs to understand is that the deadline for execution and the deadline for collection are two different things.

Period of execution - this is the period of activity of the bailiff from the moment of receipt of the writ of execution, and collection period is the period during which the debt must be repaid.

Do not forget about limitation period. Although if the debt is collected within the boundaries of enforcement proceedings, the statute of limitations will practically not apply here.

If the plaintiff wishes, the sheet can be withdrawn until the debtor is able to pay the funds. This right is most often used by banks in relation to customers with a writ of execution on a loan.

A sheet can be in production, be recalled, come back again, and so on in a circle. But remember: the longer this cycle takes place, the less likely it is to recover the debt.

The bailiff may legally close the proceedings, even if there is no consent of the plaintiff.

The term of collection is a relevant concept when the defendant is ready to fulfill obligations voluntarily. And the terms of voluntary cancellation are from 5 to 10 working days.

How to collect debt from a public institution

Accounts of such organizations are opened not in banks, but in the treasury. The procedure for withholding debt is slightly different here. The recoverer personally with a writ of execution applies to the treasury. Usually, funds are transferred within the next 30 days.

If there are no funds on the accounts of the organization for more than three months, the recoverer is notified about this, who can withdraw the writ of execution.

In such a situation, you can try to return your funds by foreclosing through the FSSP on the property of the debtor organization.

Is it possible to cancel the writ of execution

Even if enforcement proceedings are already in progress, there are a number of reasons to stop this process. Let's analyze them.

If the debt collector renounced claims against the debtor and entered into an amicable agreement with him.

In this case, all the assigned measures are terminated, and it will not be possible to resume production. The main thing is that this agreement is accepted and approved by the court. If it does not affect the interests of third parties, then usually there are no problems.

Death of one of the parties or its disappearance.

Production will be suspended if there is no assignee of either party.

The defendant was not informed of the court order.

If you are a debtor, then send an application to the court so that you are given a copy of the order. At the same time, file an objection in the name of the judge who made the decision. Point out that they were not familiar with the order, and this is a direct violation of the law.

Send similar documents to the bailiff who deals with your enforcement proceedings.

Sale of debt

The practice of selling outstanding obligations on debts is used as financial institutions, as well as individuals. We will consider the nuances of such actions below.

Assignment.

The law does not prohibit the transfer of unfulfilled debt obligations. Moreover, it is absolutely not necessary to notify the debtor about this. But the debtor has the right to refuse to pay off the debt if he has not seen documents confirming that the assignment is legal.

If the debtor agrees, they develop an agreement on the assignment of debt, which is tripartite.

The process itself takes a little time: from several days to several weeks.

The steps of the procedure are:

The buyer of the debt from the creditor receives information about the amount of the debt, documented;
All information is checked for compliance with reality, they analyze how legitimate the creditor's requirements are;
The conditions under which the deal will be concluded are discussed;
The lender and the buyer company enter into an agreement signed by all parties;
One party informs the debtor that the rights to receive the debt have passed to another company.

The transfer of the debt can be made only if the cession agreement is officially concluded, that is, the transfer of rights to accounts payable.

Only a legal entity has the right to redeem a debt. face. The debtor should pay attention that the debt can be redeemed by a collection agency. For the most part, they are the ones doing the buying.

Often, selling debt is the only way for a lender to get their money back. After the assignment, a collection agency will operate.

Conclusion

Summing up, I would like to say that when collecting a debt under a writ of execution, a lot also depends on the actions of the plaintiff himself. If he interacts with bailiffs, makes efforts to dialogue with the debtor, most likely, he will be able to recover funds.

The debt obligations of an individual are always recoverable, regardless of any circumstances. Today, creditors can assign the right to claim debts collection agencies. The sale of an individual's debt to collectors is a completely legal transaction, it is carried out on the basis of an assignment agreement. This is a rather complicated process, which has many features and nuances that are worth considering in detail.

What debts can be sold and to whom

While debt is a liquid commodity on the market, not all of it is of value to collection agencies. It matters, the amount of debt, solvency of the debtor and other factors. Collectors buy only those debts that they are more likely to repay and make a profit from them. At the same time, the cost of debt is negligible, and can amount to only 1% of the amount of receivables.

What debts can be sold:

credit;
under a supply agreement;
under a contract;
under a loan agreement.

Selling debt to collectors is the legal right of the collector. In fact, he transfers the rights to claim debts to new collectors. That is, the debtor and the original creditor terminate any financial relationship.

The sale of debt is carried out in accordance with the law regulated in clause 1 of article 382 Civil Code RF. But it does not specify to which person the rights of claim can be assigned.

Assignment of the right of claim to a third party is possible only if this is provided for by a bilateral agreement between the recoverer and the debtor. For example, if in loan agreement there is a clause on the transfer of data to a third party in case of default, then the bank can sell the debt to collectors, otherwise not.

How to sell debt to collectors

Banks often resort to the services of debt collectors to collect bad loans. That is, if payments were not made for about a year or more. Lenders sell debt "wholesale", collect a portfolio of debts and offer them to several collection agencies, then choose more profitable offers for themselves.

This transaction is not beneficial for the creditor, for the reason that they can partially recover the losses.

Collectors may refuse to buy debt if the borrower has low level income, difficult financial situation, lack of property in the property. After all, their rights are strictly limited by law.

Further, if the creditor managed to find a buyer, they must enter into an assignment agreement. Based on his right, the claims of the debt are transferred to the collectors, and the contract of the original creditor with the borrower loses legal effect.

The consent of the borrower to sell the debt is not required, but the lender must notify him 30 days before the deal.

If he did not do this, and the debtor returned the debt to the original creditor, his obligations are considered fulfilled. Then disagreements may arise between the creditor and the collector.

What debts cannot be sold to collectors:

alimony;
compensation for moral damage;
compensation for harm to health.

Sale of debt under a writ of execution

This document is issued by the court to the recoverer, it gives the right to collect the debt by force. The plaintiff receives it, he has the right to transfer the case bailiff to open enforcement proceedings.

It is possible to sell debt to collectors under a writ of execution, this is not prohibited by law. This is done under a bilateral agreement. But the seller's benefit is minimal here, because he can return from 50 to 10% of the debt but will do so as soon as possible.

The new recoverer may demand only the amount that the court has established, according to the writ of execution, he does not have the right to charge penalties and interest.

Before you sell the debt of an individual to collectors under a writ of execution, you need to get it in court and transfer it to the FSSP. Based on the submitted document and the claimant's statement, the bailiff must open enforcement proceedings within 7 days.

Further, the creditor can conclude an agreement on the assignment of the rights to claim the debt with the collector. This agreement is transferred to the bailiff to the executor, who replaces one side of the enforcement proceedings with the successor, that is, the collector.

This action governs the federal law"On Enforcement Proceedings", N 229-FZ Art. 52.

The nuances of the transaction and the rights of the parties

If the contract between the debtor and the recoverer does not provide for the assignment of the rights to claim the debt in the event of improper performance of obligations, then it cannot be sold to collectors by law. After the judgment this law does not work, because the bailiff acts as the recoverer, and the creditor or collector is the recipient.

After receiving the court order and assignment of the rights to claim the debt to collectors, the debtor must be notified.

After the opening of enforcement proceedings, the debtor has the right to pay the debt to the recipient directly, while providing payment orders to the bailiff to the executor. Either the bailiff has to forcibly collect funds, write them off from bank accounts, withhold 50% of wages to sell the debtor's property.

The recipient or collector has no right to collect funds forcibly, not before a court decision, not after it. His powers are generally strictly limited:

phone calls within the limits established by law;
sending written notices by mail or via SMS messages;
personal meetings with the debtor by prior arrangement.

In this case, the collector can only notify about the debt and the need to pay it off, only before the entry into force of the court order. Further, the bailiff is engaged in recovery.

As you can see, the court does not threaten the debtor, because after receiving a writ of execution, debt collectors are no longer involved in collecting debts, this right passes to the bailiff. Debts will have to be repaid unambiguously, and preferably voluntarily.

The following documents are required:

Application for fulfillment of the requirements under the writ of execution. In the application, it is imperative to indicate the details of the recoverer, details for transferring funds, the numbers of the debtor's settlement accounts, the exact amount to be recovered, the data of the writ of execution.
Second copy of the application. It will be required by the credit institution to put a mark on its acceptance along with an indication of the date of acceptance. This copy remains with the applicant.
The original writ of execution is attached to the application.
The original power of attorney for the representative is attached to the application.
A copy of the identity document of the applicant or representative.

Also, the applicant needs to clarify the full name and contact details of the contractor for subsequent control of the process.

After the execution of the recovery process, the bank puts a mark on the writ of execution on the execution of the recovery.

What to do if there are not enough funds in the debtor's accounts?

If there are not enough funds on the debtor's accounts, the recoverer may apply for the return of a writ of execution with a note of partial recovery. After that, he can apply to another credit organization, if any.