Enforcement proceedings are a process during which the forced collection of obligations from the debtor is carried out. This activity is carried out by the bailiff service. In order to terminate the collection, it is necessary to have specific grounds provided for by law. If there are grounds, you can submit an application to terminate the current enforcement proceedings.
Grounds for termination of enforcement proceedings
In Art. 43 Federal Law dated 02.10.2007 N 229-FZ “On Enforcement Proceedings” describes in detail the grounds, and most importantly where to go: to the court or directly to the bailiff .
Proceedings in the case can be completed by the FSSP officer by whom it was opened:
- adoption by the court of a decision to terminate the execution of a previously issued writ of execution (court order, writ of execution);
- if the court accepted the claimant’s refusal to collect;
- settlement agreement between the parties to the case and enforcement proceedings;
- cancellation of the judicial act on the basis of which the court order was issued (for more information about the cancellation of a default judgment, follow the link);
- invalidation of the writ of execution or its cancellation;
- exclusion of the legal entity of the creditor or debtor from the Unified State Register of Legal Entities;
- termination of the obligation to pay alimony (for example, in the case of emancipation, adoption, etc.);
- recognition of the debt amount as uncollectible in favor of the budget;
An application to terminate enforcement proceedings is submitted to the court in the following cases:
- death of the debtor (collector);
- recognition of the claimant as missing;
- absence of a person acting as a legal successor;
- impossibility of execution of the document;
- refusal by the claimant of the thing that was seized from the debtor on the basis of the relevant document.
IMPORTANT : read all the reasons for termination of enforcement proceedings by a bailiff or court using the link on the main part of the site
Employer's procedure
The procedure for handling a writ of execution when dismissing an employee includes 4 stages:
- Notifying the bailiff or recoverer of receipt of the document for collection. This is not a requirement, but if a notification of receipt form is included, it is best to fill it out.
- Registration in the journal of incoming documents. A prerequisite for resolving possible disputes with bailiffs or collectors.
- Storage of the document for debt collection throughout the entire period of the employment relationship with the debtor. For this purpose, a responsible person (accountant) is appointed who is in charge of the IDs for all debtor employees. The originals of the IL are stored in a safe. They are documents of strict accountability.
How to write an application to terminate enforcement proceedings?
Before you write an application to terminate enforcement proceedings addressed to the bailiff, you should keep in mind that it is drawn up in free form. In order for this official to be able to correctly assess the situation, these facts must be presented clearly and understandably.
The application must indicate:
- the position and surname of the bailiff in charge of the case;
- full details of the applicant and his contact information;
- Bailiff Service Division.
After the “header”, at the bottom in the middle part of the sheet, place the word “Statement”. The descriptive part of the document indicates the number of the enforcement case, the date of its initiation and the details of the court decision. The pleading part sets out a request to terminate the proceedings and indicates the specific circumstances that served as the basis for such an action with reference to the legislation allowing this to be done. At the bottom of the document indicate a list of proposed documents and put a date and signature
Note! The form and content of the application submitted to the court are no different from the document filed in the name of the bailiff, with the exception of the name of the body that will consider it. In this case, it will be an arbitration or district court.
USEFUL : watch the VIDEO on protecting the debtor in enforcement proceedings and write your question in the comments of the video on the YouTube channel
How to inform bailiffs about a dismissed employee
Notice of dismissal of an employee is a document of arbitrary content. However, practice has developed unified forms, which are provided for the convenience of performers on the FSSP website. The notice must contain:
- name of the legal entity or individual employer;
- address and details of the notifying person;
- name and ID number on the basis of which deductions were made;
- the amount of existing debt under obligations;
- information about amounts withheld at the time of dismissal;
- number of the dismissal order and its grounds;
- signature of the manager and chief. accountant;
- date and seal of the company.
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In addition to the specified mandatory information, the letter to the bailiffs may contain other information known to the employer. For example: about the debtor’s place of residence, his contact information, where he plans to work, the locality to which the debtor has moved.
If the original IL was kept in the accounting department of the organization, it is returned to the claimant or, if impossible, to the bailiff, for subsequent return to the recipient of payments.
Accounting statements, copies of documents submitted to the FSSP and notifications are transferred to the archive in case of inspections by fiscal authorities.
To write a letter, you can use an example notification:
Expert opinion
Pankov Roman
How to apply for termination of enforcement proceedings?
Before filing an application to terminate enforcement proceedings, you need to know that the bailiff considers it within three days after receipt and makes one decision or another.
If it is decided to file a document in court, then this must be done in the area where the execution is carried out. The judge is obliged to consider the application within ten days after receipt.
The court hearing can take place without the presence of the claimant, the debtor and the bailiff himself. After considering the case, the court makes a positive or negative decision. You can appeal it to a higher court after filing a private complaint. 15 days are allotted for this.
There is no state fee to be paid when filing such an application.
USEFUL : watch a video with tips on protecting the rights of a claimant from a lawyer or on your own
Who and in what cases must notify the bailiffs about the debtor’s dismissal?
The most common case is when the bailiff is informed about the dismissal of the alimony debtor. In addition to alimony, there are other cases, in other cases, when it is necessary to file an appeal for the collection of wages and repayment of debts. In these situations, a special resolution must be sent to the debtor's employer.
An employer can dismiss a debtor for various reasons, and when this happens, it is necessary to send a notification to the FSSP within three days that this has happened.
Sample application to a bailiff to terminate proceedings
To the Federal Bailiff Service
Ordzhonikidze district of Yekaterinburg
From debtor K.
Statement
on termination of enforcement proceedings in connection with the cancellation of a judicial act
On August 04, 2014, the bailiff Sh. Ordzhonikidze district department of the bailiff service of the Federal Bailiff Service of Russia in the Sverdlovsk region initiated enforcement proceedings for another type of execution of a property nature in the amount of 496,758 rubles. 05 kopecks, debtor K. to collector Zh.
In connection with the ruling to cancel the default judgment in a civil case on the claim of Zh. to K. for the recovery of the deposit amount dated October 3, 2014 by the Ordzhonikidze District Court of the city of Yekaterinburg, enforcement proceedings No. 2625/14/06/66 are subject to termination.
In accordance with paragraphs. 4 p. 2 tbsp. 43 of the Federal Law “On Enforcement Proceedings”: “enforcement proceedings are terminated by the bailiff in cases of cancellation of the judicial act on the basis of which the executive document was issued .”
Based on the above, guided by Article 43 of the Federal Law “On Enforcement Proceedings”, Articles 439-440 of the Civil Procedure Code of the Russian Federation
ASK:
- terminate enforcement proceedings No. 2625/14/06/66 dated 08/04/2014, writ of execution dated 04/18/2014 on the claim of Zh. to K. for the recovery of the deposit amount, in connection with the ruling to cancel the default judgment by the Ordzhonikidze District Court of the city of Yekaterinburg, Sverdlovsk Region .
Applications:
- Determination to cancel a default judgment;
Date, signature
How to properly write a notice of dismissal
How to write a letter to bailiffs about the dismissal of a debtor? Let's look at an example of correct design.
Like the main part of the documents, this paper must also contain three parts: introductory, main and conclusion.
The introduction contains the following information:
- Company details;
- Appeal to the bailiffs leading the case;
- Details of the recipient of alimony payments;
- Number of the paper and date of its signing;
- Document's name.
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The main part is the argument. The reason for sending the document is indicated - the dismissal of the employee. Link to the paper obliging payment and to the letter from the bailiff.
After this data indicate full name. employee, position, date of dismissal and place of residence. And also the date of the last calculation.
What happens to the document if an employee is fired?
Expert opinion
Pankov Roman
A writ of execution is one of the types of enforcement documents; it is issued on the basis of a decision, ruling or court order. It contains data from the operative part:
- name of the judicial authority;
- case number;
- dates of the decision, issuance of the sheet, entry into force;
- the demands presented to the defendant (in this case, he is the employee);
- an excerpt from the decision (the text must strictly coincide with the court’s conclusions about the satisfaction of the claim in full or in part, and contain information about the procedure and amounts to be recovered);
- details of the parties to the case (full name, date and place of birth, registration address - details of an individual, full name of the organization, TIN, date of registration - details of a legal entity);
- document number and series.
A writ of execution is issued only by the court on the basis of an application for the issuance of this document. It can be sent to the bailiff department or handed over to the claimant, his representative by proxy, so that he can present it to the debtor’s employer for execution.
Once the employer has received a writ of execution, you need to:
- notify the bailiff of receipt of the document (if notification was sent);
- register the writ of execution in a special journal for registration of such documents;
- ensure its safety.
According to Federal Law No. 229 “On Enforcement Proceedings,” when dismissing an employee, the employer is obliged to return the writ of execution with notes on what grounds the execution was terminated, during what period it was carried out, and what amounts were collected.
This must be done no later than the working day following the day of dismissal. Within the same period, it is necessary to notify the bailiffs and the collector about the dismissal of the debtor, indicating the amount of deductions made.
Impossibility of collection
Often, when carrying out an IP, the bailiff establishes that the debtor does not have any property or official income, and it is impossible to collect anything.
In this situation, a ruling is made confirming the impossibility of collection, and the case is closed with the return of the writ of execution to the applicant, while he is given a certificate of completion of the case due to the impossibility of collection.
The bailiff enters all available information into the act:
- about the person in respect of whom the IP was initiated;
- about the grounds for initiation;
- about the amount of debt;
- on the list of activities carried out.
What deadlines do you need to meet?
The notice period after dismissal may vary. Depends on the nature of the obligations for which the debt was collected. For general property obligations, no deadline has been established. In Part 4 of Art. 98 FZ-229 there is only an indication that the ID is subject to immediate return.
Hotline for citizen consultations: 8-804-333-70-30
More precisely, the terms of return are established in relation to debtors from whom alimony is being collected. The return period for IL is established by Part 1 of Art. 111 of the Family Code - no later than 3 days from the date of dismissal.
Cancellation of the FSSP resolution
Remember! After a resolution canceling an individual entrepreneur has been issued, it is impossible to re-issue it in order to forcibly collect the debt.
But there are certain circumstances in which there is a possibility of such a decision being overturned by a decision by the judicial authorities, and the filing of claims is possible in accordance with the previous procedure.
The resolution is canceled in accordance with the legislative provisions of Art. 121 of the Law on Individual Entrepreneurs, which, in particular, indicates that persons in respect of whom FSSP employees have violated their rights have a right to appeal.
Where should the execution paper be returned?
When an employee quits, the employer is obliged to:
- notify the bailiffs that collection of amounts under the writ of execution is impossible;
- return the sheet to the bailiff department.
The writ of execution must be returned along with the application and a copy of the dismissal order. The application shall indicate:
- the amount of penalties made;
- the reason why further penalties are impossible (in this case, it is the dismissal of the employee);
- information about the debtor’s new place of work, if such information is available.
