The writ of execution is lost, how can I get a duplicate?

A writ of execution is the main document on the basis of which the debt is collected. If the debt is not repaid voluntarily, only with the help of a writ of execution can the enforcement procedure be initiated through the debtor’s bank or bailiffs. Therefore, the writ of execution must be stored very carefully. Unfortunately, no one is immune from the loss of a writ of execution. In this case, the claimant may ask for a duplicate of the writ of execution. How to do it?

Why are writs of execution lost?

From my own practice I can recall the following reasons for the loss of writs of execution:

• the fault of the bailiffs - one of our sheets was lost when the enforcement proceedings were transferred to another region (the debtor company did not have a branch in our city). Our bailiffs sent the sheet, but the Samara bailiffs did not receive the sheet. Where he disappeared is unclear;
• again, the fault of the bailiffs - on one sheet they refused to initiate proceedings for us because they found an error in the sheet. The bailiffs returned the writ of execution by mail either to our address or to the court. Neither we nor the court received this letter;
• the fault of the Russian Post - a valuable letter with a writ of execution was sent to the debtor’s bank in Moscow. There was no notification of receipt; the status of the letter did not change for a long time on the Russian Post website. We filed an application to search for the letter and managed to receive a duplicate of the writ of execution. About six months later, the letter with the original sheet was finally returned to us.

The procedure for obtaining a duplicate of a writ of execution in court

The applicant will be required to prove in court the loss of the writ of execution, as well as the fact that the court decision was never executed in whole or in part.

Evidence in this process may include documents that confirm the loss of the original:

1. a certificate from the bailiff service confirming the absence of a writ of execution,
2. or a certificate stating that this writ of execution was not presented and enforcement proceedings on it were not initiated or are not being carried out.
3. response from the bank about the absence of a writ of execution in this credit institution.
4. it will also be necessary to confirm that this sheet was sent to a particular institution, to a particular official.

The application must contain the following information:

• information about the payer and recipient,
• information about the court decision indicating the reasons for the occurrence of judicial execution,
• information about the bailiff who was involved in the collection,
• information about the situation as a result of which the document was lost.

Restoring the deadline for submitting a writ of execution is carried out only in a situation where the collection action has not yet expired. Based on the lost document for the payment of alimony, the deadline for the child to reach the age of majority is established. If the life sheet is lost before the child reaches the age of 18, then it can be recovered within 4 years. You can find out where to file a complaint against debt collectors by receiving qualified advice from us.

Judicial restoration of the writ of execution

If the bailiff has lost the writ of execution or it has become unusable, you will need to follow a certain algorithm to restore the document. A well-drafted complaint to the court against a bailiff’s decision can force the bailiff to bear responsibility for his unlawful actions. The restoration of the writ of execution by the court should begin by filing an application with the body that issued the decision.

According to the type of procedure and place of issue, documents are drawn up:

• justices of the peace or district courts for alimony debts;
• arbitration court;
• courts of general jurisdiction;

An application for restoration of the writ of execution is generally submitted to the authority that issued the decision. If the applicant submits his application to another judicial authority, the application is returned. In this case, the applicant does not lose the opportunity to restore the required document and can submit the application again.

That is why, before receiving a duplicate of the writ of execution in court, you need to make sure that the address is correct, so as not to increase the time for this procedure.

ATTENTION : Also through the court, the following can be carried out: exclusion from the inventory of seized property and challenging the bailiff's assessment, which will restore the balance of interests of the debtor and the claimant. If you need to restore an alimony agreement that has been certified by a notary, then a duplicate of it can be requested from the notary’s office, which has a copy in its archives.

USEFUL: watch a video with tips on protecting the rights of the claimant, the possibilities of filing a complaint against the bailiff, and actions aimed at speedy execution of the court decision by the bailiff:

The most common reasons for loss:

1. The bailiffs lost the writ of execution. Bailiffs often lose important documents. It is caused by a large workload (2500-3000 productions per bailiff), agree that this is not a little? People, unable to withstand the workload, leave the service, which contributes to staff turnover. Confusion is created and documents are often lost. Lawyers constantly have to deal with the problem of staff turnover. Sometimes two people change in a month. What order can we talk about?
2. Mail doesn't work well. For those who are not familiar with Russian Post, I think everyone is familiar. Quite a few reviews have been written about the work of this organization on the Internet, most of them negative. Here we had a case where the worksheet and the solution were lost. I had to order a copy, the process was long. We wasted a lot of time. This significantly affects the quality of work. During the consideration of the application, the debtor can get rid of the property and transfer it to third parties. If a document is lost, there is no other option - we restore it!

Fortunately, the law allows you to receive a copy of the document. The claimant does not lose the right to receive the award if the document is lost. The procedure for issuing duplicates is regulated by Articles 430 of the Civil Procedure Code and 323 of the Arbitration Procedure Code. This is due to the fact that the bodies considering disputes have different jurisdiction. Hence the codes are different. Let’s not delve into the jungle of the arbitration process; today the topic is more dedicated to citizens.

How to prevent the loss of a writ of execution?

Having received a court order, writ of execution or other writ of execution in court, the claimant will have to give it to the bailiffs for enforcement. There are often cases when collectors give enforcement documents to their debtors. But debtors simply lose them, and then collectors have to receive duplicates of them.

Collectors should not give writs of execution to anyone other than the bailiff service, since it is this body that is engaged in the forced collection of court decisions. If the claimant intends to offer to familiarize himself with the writ of execution, then it is best to give him a copy of the court decision.

Law

The legislator provided for the possibility of loss of executive documents, without focusing on the reasons. Restoration of a lost writ of execution or court order in replacement is carried out by the court that issued the original copy.

This is provided for in Art. 323 of the Arbitration Procedure Code of the Russian Federation in relation to decisions of arbitration courts and Art. 430 of the Code of Civil Procedure of the Russian Federation - in relation to decisions of courts of general jurisdiction.

For the main body, the FSSP, called upon to execute court decisions, a duplicate is as effective as the original. In accordance with Article 12, Part 2 of Federal Law No. 229, bailiffs are required to accept from collectors duplicates issued by the courts in compliance with the rules, along with the originals.

A duplicate is an official document containing all the details of the original. It is produced on watermarked paper and bears the official seal of the court that issued it. The only difference from the original is the inscription in the upper right corner indicating that it was reissued. A duplicate should not be confused with a copy made from the original. A copy may be valid as evidence in certain circumstances, but cannot replace the original, even if it is certified by a notary or a person authorized to make certification inscriptions.

Responsibility for the loss of a writ of execution

Do not forget that the legislation provides for liability for the loss of a writ of execution. Of course, these sanctions apply to officials and organizations that are involved in the process of enforcement of court decisions.

The amount of these fines is specified in civil and arbitration procedural legislation. In principle, the process of obtaining a duplicate of a writ of execution is not the most complicated procedure, but it does require certain costs. Be vigilant and do not lose important executive documents, and if this has already happened to you, contact our professional lawyers.

How long can you submit a duplicate if you lose the original?

The deadline for all citizens and residents of the Russian Federation to present a duplicate is 3 years. The calculation of this period of time begins from the moment when the court made the corresponding decision: all detailed information about the date of the court decision, etc. are in the statutory documents of the court.

However, there is an exception: if the document was lost by the bailiffs and the plaintiff was notified about it, the time to submit an application for a duplicate is one month. The immediate period for presentation may be within a three-year framework and be presented thereafter.

Application for issuance of a certificate of loss of a writ of execution

Documents confirming the loss of the writ of execution must be collected before submitting the application to the court, they will be the basis for issuing a duplicate, data from the bailiff is one of the evidence, read the sample application upon receipt of confirmation of the loss:

Senior bailiff

Ordzhonikidze district department

Ekaterinburg Federal Bailiff Service Administration for the Sverdlovsk Region

From the claimant Ch.

Statement

about the loss of a writ of execution

On February 14, 2011, I filed an application to initiate enforcement proceedings, based on the writ of execution, series ВС No. 0145508 issued by the Ordzhonikidze District Court of Yekaterinburg.

In October 2014, at the department of the Federal Bailiff Service for the Sverdlovsk Region, Ordzhonikidze District of Yekaterinburg, they told me that the original writ of execution was lost due to the fault of the bailiff.

Ask:

• Conduct an internal audit based on the circumstances stated above.
• bring disciplinary action against the guilty employees
• provide a certificate of the loss of the writ of execution series ВС No. 01508 and the absence of enforcement proceedings against the debtor.

Application:

1. Copy of the writ of execution
2. A copy of the application to initiate enforcement proceedings

Date, signature

Consideration of the issue by the court

The court notifies interested parties of the place and time of consideration of the application. The parties or their representatives may participate in the meeting, give the necessary explanations and present evidence. However, in practice, the court dispenses with the participation of the applicant and considers applications on its own. during the consideration, he relies on the evidence presented as annexes or on the arguments contained in the petition itself.

The decision or refusal of the court can be appealed (Part 4 of Article 323 of the Arbitration Procedure Code of the Russian Federation).

Lawyer for restoration of writ of execution in Yekaterinburg

The writ of execution is used to carry out collection procedures. It contains data such as information about the debtor, the name of the judicial act that issued this decision, its contents, the amount and procedure for payments, and others. Enforcement proceedings cannot be carried out without this document.

If a sheet is lost or damaged, measures must be taken to restore it. Even if the writ of execution was lost, but within the framework of it, enforcement actions were carried out, for example, the seizure of property, the owner of the property seized by the bailiff can file an application with the court to exclude the seized property from the inventory if this property does not belong to the debtor. There is a certain procedure established by law for this.

Our enforcement lawyer will help you restore the writ of execution: professionally, on favorable terms and on time.

Legislative acts

Table 1. Legal acts that regulate this process.

Their content may have changed, so you should carefully check the current content before submitting your application.

Innovations in bills on video:

Further actions

What to do when the replacement is made? Once this is done, you need to submit the paper for execution:

• To the bailiffs;
• To the employer's accounting department;
• To the pension fund;
• To another organization that will implement the decision.

The proceedings will be resumed. But, the replacement need not be presented for execution if the parties have agreed among themselves. But for the agreement to be legally binding, it must be in writing, signed by both parents, certified by a notary and presented to the court for review. For example, one of the parties may change their mind and change the terms of the agreement.

When you have a copy certified by the court, you can enforce the collection of payments in favor of the children. This is relevant if the alimony payer evades legal assistance in favor of his child.