Collection under a writ of execution through a bank: news

Litigation can take a long time and in different instances. However, the outcome of the entire process is always a decision by the court. It can be made both in favor of the plaintiff and in favor of the defendant. If the court satisfies the claim, the case moves to the stage of enforcement proceedings. In turn, the plaintiff is issued a writ of execution to recover the disputed amount. It can be sent to the Federal Bailiff Service or independently transferred to the bank in which the defendant’s current account is opened, for example, to Sberbank. Sberbank does not accept writs of execution in every branch and not at any time. Below we will consider in more detail how this happens, the procedure for submitting executive documents, as well as their reception addresses.

Give enforcement documents to the bank or bailiffs?

With a writ of execution in hand, there are two ways to implement it:

1. Through the bailiff service.

2. Through the defendant's bank.

The first method is the easiest to perform. The plaintiff just needs to contact the appropriate department of the FSSP with the original writ of execution and a completed application. And then the bailiffs independently find out where the defendant’s account is opened and interact with the bank. However, in practice, collecting funds through bailiffs may not be quick at all. This is due to the degree of workload of employees and the specifics of the executive process. Therefore, receiving the required amount may take up to two months.

The second method is much faster. After checking the documents, the bank withholds the amount to be recovered from the defendant’s current account and transfers it to the applicant’s details. Before contacting a specific bank, it is necessary to find out which financial institution the defendant is a client of. This information can be obtained from the department of the Federal Tax Service by contacting them with the original of the received sheet. Having found out which bank the account is opened in, you should contact it. Let's consider accepting writs of execution at Sberbank.

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Documents for accepting writs of execution at Sberbank.

Before visiting a bank branch, the creditor must prepare the following documents:

1. Civil passport.

2. Power of attorney or its notarized copy, if contacting the bank occurs through a representative.

3. Original writ of execution.

4. Application for acceptance of the writ of execution.

If everything is clear with the first three points, then filling out the application requires special attention. If there are any inaccuracies, the bank will refuse to execute. It is worth noting that this does not happen immediately, but only after checking for 1-2 days. As a result, time will be lost, and you will also have to correct errors and submit documents again.

To fill out an application for acceptance of a writ of execution at Sberbank, you will need the following information:

• Passport details of the claimant or his representative.
• Details of the claimant (TIN, OGRN, KPP, legal and actual addresses).
• Number of the writ of execution, when and for what case it was issued.
• Name of the debtor and amount to be collected. The amount consists of the amount of the claim, interest for the use of funds and the cost of state duty.
• Details of the creditor to which the money will be transferred (OGRN, current account number, bank details).
• Contact information (phone number and email address.)

Application to Sberbank for filing a writ of execution:

for individuals.

for individual entrepreneurs and legal entities.

How to find out why the money was written off

The best option is to order an account statement from the branch, which must indicate:

• date and time of the required withdrawal operation;
• details of the recipient of the finance;
• number of the writ of execution or court order.

The second way is to go to the FSPP page. Find the bailiff's contacts by decision number. Make an appointment with him to ask all your questions.

Information about the reason for withdrawal of funds is specified in the executive document, which you can find by going to the FSSP page.

The amount of money withdrawn depends on the type of receipt.

1. Salaries, pension accruals. The payment requirements imposed on these proceeds range from 50-70%. The largest amounts are for payment of alimony for children under the age of majority, for compensation for harm to life, compensation for the loss of a breadwinner.
2. For social receipts (child benefits, subsidies, child contributions), funds are not written off.
3. Other charges. The debt amount is charged in full.

Basically, the amount is written off from other accruals; if they are not enough, from salary or pension.

Possible reasons for failures.

Acceptance of writs of execution at Sberbank does not guarantee their execution. For a number of reasons, they may be returned to the claimant. The return takes place by mail to the address specified when filling out the form.

As a rule, there are only two main reasons for returning a sheet without execution:

1. When submitting documents, shortcomings were identified.

Along with the writ of execution, a covering letter is sent to the applicant's address. It contains a list of mistakes made. Documents can be resubmitted, but only after the specified deficiencies have been eliminated.

2. The debtor does not have accounts with Sberbank.

At the time of filing the documents, the defendant's bank account may have been closed. Therefore, it is impossible to collect the amount of the debt. In this case, you must contact another credit institution or the FSSP with a writ of execution.

The status of the submitted writ of execution can be viewed online here. To do this, you need to enter the debtor's TIN and the number of the writ of execution.

Read: Revocation of a writ of execution from a bank.

Reasons for searching: when do you need to check information about the progress of a case?

Production progress information may be required in the following cases:

1. A trip abroad is planned. In this case, it is recommended to first make sure that there are no writs of execution, because debtors are prohibited from traveling outside the country.
2. To eliminate additional expenses. If the debtor does not make payment on time, penalties in the amount of 5% of the debt amount are applied to him. Therefore, it is recommended to check the established payment deadlines.
3. To make sure there are no debts. You should periodically check information about the presence or absence of writs of execution in the FSSP database in order to avoid problems with bailiffs.

Sometimes bailiffs are not able to notify the debtor about the occurrence of a debt, because... do not have information about his place of residence or due to other circumstances. For this reason, it is recommended to periodically check the data yourself.

Information about the availability of writs of execution may be relevant not only for debtors, but also for counterparties of legal entities. This information will help you form an opinion about the reliability and reputation of a legal entity and make a decision on the advisability of cooperation with it.

In addition, the FSSP database is often used by financial institutions when reviewing loan applications to determine the degree of financial responsibility of a potential client.

Reception of writs of execution at Sberbank is carried out at the following addresses:

Download the application form for revocation of the writ of execution in Sberbank.