Enforcement proceedings are the final stage in resolving legal disputes. These include writs of execution, court orders and other judicial acts that imply forced execution.
At the same time, it is also possible to temporarily suspend enforcement proceedings in connection with an appeal against the decision. This happens when the court’s verdict raises reasonable doubts, for example, when establishing paternity and collecting alimony (Article 211 of the Code of Civil Procedure of the Russian Federation).
In addition, there are cases when the debtor is unable to pay the debt immediately. Then there is also a possibility of the bailiff deferring enforcement actions.
How to suspend enforcement proceedings at the request of the debtor
Everything will depend on why there is a need for this step.
If a court decision that has entered into legal force is appealed, enforcement proceedings can be stopped with the help of a court ruling. The court also suspends enforcement proceedings in case of challenging the actions of the bailiffs.
When it comes to changing the legal status of the debtor (death, incapacity, conscription for military service), as well as the beginning of his bankruptcy, then it is possible to petition for the postponement of enforcement actions before the bailiffs.
If the question is posed this way, then it is important to draw up a reasoned statement to the bailiff.
Below we provide a sample application for suspension of enforcement actions, as well as recommendations for filling out its form.
It should only be taken into account that legal norms in terms of current legislation should be cited as justification.
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Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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Temporary cancellation of collection by the bailiff does not in itself release from debt obligations. Over time, the bailiff's actions to repay the debt may be resumed.
Reasons
The procedure for suspending enforcement proceedings is regulated by Federal Law No. 229-FZ of October 2, 2007. It represents a temporary suspension of all enforcement measures on the basis of the relevant act (resolution).
The decision to suspend enforcement proceedings can be made by both the bailiff and the court. However, the reasons for contacting them will be different.
When production is suspended by the bailiff
Specialized legislation lists several of them (Article 40 of Federal Law No. 229). Thus, suspension of enforcement proceedings on alimony is possible in the event of the death of the debtor or recognition of the fact of death.
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Then all enforcement actions are resumed with the appearance of the heirs, subject to the creditor filing a corresponding application.
If the debtor loses legal capacity, the bailiff also suspends enforcement proceedings.
Application for suspension of enforcement proceedings to the bailiff
The reason for stopping the bailiff's work may also be the initiation of bankruptcy proceedings against the debtor. The above applies not only to legal entities and individual entrepreneurs, but also to ordinary citizens.
It is possible that enforcement actions may be deferred in cases where the debtor is wanted, undergoing treatment, or performing military duties.
In all of the above cases, a decision is made regarding the suspension of events by the bailiff, upon execution of the court decision. It can be challenged by the collector and other interested parties, both to the bailiff’s superiors and to the court according to the rules of procedural codes. You can download the form below.
Resolution on suspension of enforcement proceedings
What does Art. 46 Part 1 Clause 3 Bailiffs
The crisis in Russia has dragged on.
There is no money, but people hold on as best they can: they collect loans, do not repay money on time, become bankrupt, lose in court, suffer attacks from debt collectors, avoid bailiffs. Now, this has been the case in the country now for like 5 years. It is especially difficult for credit debtors. It often happens like this - today a citizen seems to have calculated his strength, took money from the bank, and tomorrow he gets sick and loses his job. And the interest is dripping! And what percentages! It’s not foreign banks that gave loans at 3% per annum. It was our native domestic banks that borrowed money at 30% per year.
As a result, people often cannot pay off loans taken from banks and lose in court, as a result of which writs of execution end up in the bailiff service and enforcement proceedings begin.
But today we will talk not only about credit debtors, of whom there are millions in the country. Our conversation will be about debtors in general, including alimony and any other court decisions that resulted in enforcement proceedings.
And to be even more precise, today we will talk about what the suspension of enforcement proceedings under Article 46, Part 1, Section 3 means. What does this article mean for the debtor, and what does it promise to the claimant? In this case, who should rejoice and who should grieve? How long can this unexpected joy last?
Court and suspension of enforcement proceedings
The court also has the prerogative to postpone enforcement actions to a later date. In particular, this happens when a decision on which a writ of execution or a decision on an administrative fine has been issued is appealed.
Moreover, the debtor has the right to submit a petition for suspension of enforcement proceedings both to the appeal and to the cassation instance, together with the corresponding complaint against the main court decision.
The court can suspend the work of the bailiff even when the enforcement proceedings are challenged.
Its subject may be:
- actions of the bailiff;
- legality of seizure of property and its subsequent assessment;
- collection of enforcement fees.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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It is recommended that a court ruling to postpone enforcement actions be submitted to bailiffs as quickly as possible. Otherwise, you may waste precious time.
Grounds for suspension of enforcement proceedings by the court
The Code of Civil Procedure of the Russian Federation does not contain any strictly established rules on the suspension of enforcement actions, but only refers to a special law.
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The court issues a ruling to suspend all actions in pursuance of the decision, sending it to the parties to the dispute and to the bailiff in charge of the case.
Enforcement proceedings are subject to suspension by the court in whole or in part in the following cases:
- filing a claim for release from the seizure (exclusion from the inventory) of property that has been foreclosed on under a writ of execution;
- challenging the results of the assessment of seized property;
- challenging the bailiff's decision to collect the enforcement fee;
- in other cases provided for by federal law.
Enforcement proceedings may be suspended by the court in whole or in part in the following cases:
- appealing a court order or court decision on the basis of which a writ of execution was issued;
- challenging in court an act of a body or official authorized to consider cases of administrative offenses;
- the debtor is on a long business trip;
- acceptance for proceedings of an application to challenge the decision, inaction of the bailiff or refusal to take action;
- appeal of the claimant, debtor or bailiff to the court, other body or to the official who issued the writ of execution, with a statement for clarification of the provisions of the writ of execution, the method and procedure for its execution;
- in other cases provided for in Art. 40 Federal Law “On Enforcement Proceedings”.
After eliminating the circumstances that served as the reason for the suspension, the court issues a ruling on the resumption of enforcement actions.
If the court decision is overturned, then this is grounds for termination of enforcement proceedings. The above also applies to decisions on administrative fines.
Application to the court to suspend enforcement proceedings
Sample
The form states:
- Bailiff details, unit location.
- Document's name.
- Information about the case under consideration, the decision made, number.
- Information about the received writ of execution with its details.
- Enforcement measures (foreclosure, seizure of property, ban on crossing the border, debiting money from a bank card).
- Information about the claimant.
- A request to suspend the collection procedure, indicating the reason (illness, appealing a court decision, being on a business trip).
- List of attachments (here is the evidence of the validity of the claims - a medical certificate, a document declaring the debtor missing, a death certificate).
- Signature.
The application is considered within ten days, then the bailiff makes a decision. When sending, pay the state fee.
Rules and procedures for suspending enforcement proceedings
It should be remembered that enforcement proceedings can be suspended at almost any stage. To do this, you should select suitable grounds and study the current legislation.
Next, you should prepare an application to suspend enforcement proceedings to the bailiffs or a petition to the court. Moreover, if legal services for its preparation are needed, they can be ordered on our resource.
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The statement should describe the reasons why the bailiff’s actions should be suspended. If they are supported by documents, then copies of them should be attached to the application or petition to the court.
Don't forget to add your own personal autograph and signature. Without this, the application will not be considered.
After submitting an application (petition), you should monitor the progress of its consideration. When a decision (ruling) is made, you must obtain a copy of it.
Request for stay when filing a complaint
When filing a complaint against the actions of a bailiff, the initiator may ask to suspend the proceedings. Without such a request, the head of the regional service or his deputies have this right.
But it is not a fact that it is used. Therefore, the applicant may draw attention to the need to suspend proceedings (and therefore all enforcement actions) until his complaint is considered on the merits.
It may not make sense to draw up a separate statement. Such a request can be stated in the text of the complaint.
Up-to-date information on the progress of production is usually posted on the official website of the FSSP. If it is missing, you must apply to familiarize yourself with the enforcement proceedings.
