As soon as the court finishes considering a civil dispute and makes a decision, the plaintiff finally has the opportunity to get his money from the debtor. It is quite rare that money awarded is paid out immediately. After what time a writ of execution loses its force, the question is always relevant, both for the debtor and for the claimant.
The writ of execution loses its force after 3 years, when the deadline for submitting it to the bailiff service expires.
If this happens, the claimant loses the opportunity to claim what the court awarded. In some cases, the missed period can be restored, but this requires certain reasons.
What do you need to get an i/sheet?
There is only one single condition - that the court decision acquires legal force. Sometimes you have to wait 2-3 months if the losing person does not accept his defeat. The law allows for the possibility of challenging, and many take this chance.
But sometimes things happen differently. As soon as one month has passed, the decision becomes legally binding and measures can be taken to collect money. True, you should first obtain one important document in order to then submit it to the BSC.
It is issued by the judicial body that resolved the dispute between the plaintiff and the defendant. No additional documents are required to be submitted. Everything that is necessary to produce a sheet is included in the materials. The plaintiff will be required to submit only one written statement.
How quickly do you need to receive the i/sheet?
No time frame has been set for this. You can come to the office literally the next day, when the decision has become legal, or after a month or two, or after six months or a year. The main thing is to meet the main deadline. It is three years. It is during this period that it is strongly recommended to go to the bailiff and submit an application to initiate proceedings.
But this must be preceded by a visit to the court office to submit an application. It is allowed to compose it in free form. It is only required that the basic requirement be formulated in the text. It should also reflect:
- Applicant details, address
- Details of the dispute resolved by the court
- Date of decision
- Information about the defendant
- Request for issue and/sheet
- Date of compilation and signature.
If you miss deadlines
Restoration of the deadline for presenting IL is provided for in Art. 19 Federal Law No. 119 and is carried out at the request of the claimant to the court that issued the IL. The grounds for filing if the presentation period has expired are:
- the applicant's illness;
- force majeure circumstances (natural disasters, military actions, states of emergency and others established by the Government of the Russian Federation);
- theft or unintentional destruction of IL;
- loss due to the fault of third parties (bailiffs, bank, employer’s accounting department).
If the court satisfies the application for restoration, then a new IL is issued, which must be submitted for collection no later than 1 month.
After what time does a writ of execution lose its force?
He does not lose anything at all, of course, provided that it is submitted on time and was accepted by the bailiff. The logical conclusion of this procedure is the opening of proceedings and the issuance of the corresponding resolution. After this comes the stage of collecting the awarded amount of money. The bailiff must ensure this.
Federal Law No. 229 strictly regulates the deadlines:
If the statute of limitations for the writ of execution has passed, and the claimant never bothered to complete the entire procedure correctly and on time, he may finally lose the opportunity to receive the money that was collected by the judge.
Alexander lent it to his good friend Ivan. He had temporary financial problems, and he asked Alexander for a loan of 70,000 rubles for a couple of months. Despite the friendly relationship, everything was formalized in writing in the form of a receipt. But three months later, Ivan’s financial situation has not improved. After waiting some more time, the creditor filed a lawsuit. The writ of execution was received, but Alexander never presented it to the joint venture. Ivan tearfully begged him not to do this and assured him that he would give everything back from his next salary. So a year passed, then another, then Alexander himself had problems, he became seriously ill, and there was no time for that. When he finally got together in the joint venture, the time was lost.
In such a situation, the bailiff has no choice but to issue a refusal order, because the deadline for presenting the document has expired. True, the lender has a chance to restore it. It is quite possible that this will be done through the court if the judge admits that the three-year period was missed due to extremely extenuating circumstances.
When does the calculation of the 3-year period stop?
Despite the fact that the statute of limitations for collecting obligations under a writ of execution is 3 years, in fact it can be extended. For example, when transferring documents to the FSSP, the time required to conduct proceedings is added.
Sometimes it is more profitable for the claimant not to submit the IL to the bailiffs, but to contact directly the following institutions:
- to the bank where the defendant has accounts;
- to the debtor's employer in order to withhold the amount of debt from his wages.
You can consider the procedure for interrupting the statute of limitations using the following example:
- The court ruled in favor of the plaintiff. The countdown of the time allotted for the collection of obligations has begun.
- The plaintiff received a writ of execution from the court.
- After 2 months, the document was sent to the bank. There was an interruption in the document's statute of limitations.
- The writ of execution was in the bank for 3 months, after which it was returned to the claimant without execution due to the debtor closing the account. This period is not taken into account when calculating the statute of limitations.
- After 3 months, the document was sent to the debtor’s employer. The statute of limitations of the IL has been interrupted again.
- Deductions from the debtor's salary were made for 6 months. The debt was partially repaid. The debtor then resigned. The writ of execution was returned to the claimant. At this point, the statute of limitations for the IL was 2 years and 7 months.
- After waiting for some time, the claimant sent a writ of execution to the FSSP authorities. The bailiffs found no property or income on the debtor. The documents were again returned to the claimant.
Attention! The period for collecting obligations under a writ of execution can be interrupted an unlimited number of times. Sometimes it lasts for several years.
Does the document also lose its validity if it is in the possession of the bailiff?
The case was opened a long time ago, but the main amount of debt remains unpaid. This is the most common complaint from creditors. Citizens worry whether they will eventually receive the money, even if everything was done correctly and on time initially.
Example
It’s been more than three years since I turned to the joint venture,” Victor tells the lawyer. The documents were submitted to the bailiff on time, immediately after the appeal rejected the defendant’s complaint. The bailiff took the case into his own proceedings, but little changed from this. Some part was collected, but it does not constitute even a quarter of the total debt. Will the writ of execution lose its force, since three years have already expired?
The basic requirement of the law was met. Everything was submitted to the bailiff service in a timely manner. Therefore, there is no reason to worry about the validity of the main document. If the proceedings are open, then the bailiff is obliged to take all measures given to him by law. In such a situation, collectors are usually advised to try filing a complaint. It is possible that the official did not take all possible collection measures.
Re-presentation of IL after return
The validity period of the writ of execution for the collection of funds is interrupted provided:
- the decision of the supreme authority has been implemented;
- there is an objective impossibility of the defendant to pay the bills;
- other reasons established in Art. No. 43, 47 of Federal Law No. 229.
After the return of the papers, the creditor has the right to file a petition to resume collection.
If a legal entity goes through bankruptcy proceedings, then according to Art. No. 96 of the current Federal Law, the case is closed.
How many times can a writ of execution be submitted to bailiffs?
The current legal acts of Russia do not provide for restrictions on the number of submissions for execution of IL. Therefore, the collecting party has the right to submit the document as many times as desired. The main thing for the lender is to control the validity period and not miss renewal applications.
Despite the absence of restrictions in the legislation, in March 16, the Constitutional Court published Resolution No. 7-P. After considering the citizen’s complaint, the authority recognized that such a procedure does not comply with the Constitution of Russia. In this regard, experts recommend contacting lawyers if the claimant resumes proceedings countless times.
Deadline for submitting a duplicate of the writ of execution
Repeated presentation of a duplicate of the writ of execution in accordance with Article No. 46 is allowed no earlier than six months later. The countdown date is the moment the bailiff makes a decision on the completion or return of documents. For other IDs, re-submission is allowed no earlier than two months or until the specified period has expired.
Is there a statute of limitations for a writ of execution?
Debtors are also interested in this because they believe that after a certain time their debts will expire and the bailiff will be forced to close the case.
Example
I am aware that there is a statute of limitations. The bank collected 250,000 rubles from me four years ago. I don’t have much money or property. I paid a tenth of the required amount more than three years ago. Since then I have been working unofficially, so the bailiff cannot collect anything. I do not have any real estate or vehicles. After what time does a writ of execution lose its force, does it have a statute of limitations, asks credit debtor Alexey.
Very often people get confused in concepts. The above example is a typical case of such a misconception. The statute of limitations mentioned by the citizen in the example has nothing to do with enforcement cases.
This term refers to cases where plaintiffs bring their claims to court. If three years have passed, the claim is denied. In the above example, the claim was filed a very long time ago. If the dispute is considered by the court and a decision is made, it means that the plaintiff met the deadline specified by law.
Once the case was initiated, the deadline for submission and/or collection notice was met. Consequently, the credit debtor will ultimately have to answer for his financial obligations to the bank.
What will happen to the deadlines after the court order is cancelled?
If the debtor manages to file objections within 10 days, then the court order simply will not enter into force. In this case, there is no need to take into account the limitation period for presentation for execution. If the order is canceled due to a cassation appeal, all procedural deadlines for execution are also automatically canceled.
If the claimant exercises his right and files a claim, then instead of an order he will receive a writ of execution. You are also given 3 years to present this document. But the period will begin to run from the date the court decision enters into force.
What if the bailiff cannot collect the debt?
It happens, a person is “naked as a falcon.” He doesn’t have the finances, he doesn’t have a job, he sits on the necks of relatives, for example, his parents. Well, what can you take from it? The legislation provides for such cases. If this occurs, the bailiff has the right to terminate his activities. But before that, he must take all possible measures that are provided for by law.
Here's what Federal Law No. 229 says:
In particular, he is obliged to send all kinds of requests to banks and government agencies to find out whether the citizen has any property in his possession. Checks banks for bank accounts. If all the measures taken have not yielded results, and there is no income from which money can be withheld, he draws up a special document.
This is a deed of non-collectibility. At the same time, a resolution to terminate the proceedings is being prepared. These documents will be the basis for returning the writ of execution from the bailiffs to the claimant and closing the case. It would seem that this could be the end; the debtor can rejoice at being freed from monetary bondage.
But no, the claimant also has rights. Firstly, he can appeal all these actions in court. Secondly, after some time has passed, he can again turn to the bailiff. The bailiff will be obliged to resume everything.
A way out of such a vicious circle for the debtor may be out-of-court bankruptcy. But this topic no longer fits into the current publication. It will be discussed in another article.
What is the deadline for executing a court order in the FSSP?
The period of time for presenting an order for execution and the period of enforcement proceedings are different concepts. With the judicial act received by the FSSP, the bailiffs work according to the norms of Law No. 229-FZ. But many terms in this law are conditional. For example, the law states that the bailiff is obliged to execute the judicial act within two months.
In practice, most creditors will not receive payment on the debt during this period of time. This is not necessarily due to the bailiff’s dishonest attitude towards work, although this also happens. The actual terms of collection will be influenced by the actions of the debtor, the lack or presence of income and property.
What affects deadlines?
First, we will explain the general procedure for initiating proceedings in the FSSP when the claimant files a court order there. Here's what Law No. 229-FZ says on this issue:
- the period for consideration of the claimant's application and documents is 3 days, after which the bailiff initiates proceedings;
- if at the time of filing the documents the time for presentation for execution has already expired, the bailiff will refuse to initiate the case and then return the order to the claimant;
- within two months, the FSSP specialist is obliged to ensure the execution of the judicial act.
In an ideal situation, within two months of enforcement proceedings, the bailiff will collect the entire amount of the debt and transfer it to the collector.
But if the defaulter does not have a job or income, then enforcement can take months or years. If the bailiff determines that collection is impossible (for example, due to the debtor’s lack of property), he may issue an order to end the case. The claimant will be able to resubmit the documents after 6 months, or earlier than this time if the debtor’s property situation changes. For example, he will receive an inheritance.
The bailiff will not be able to say in advance how long it will take to fulfill the requirements stated in the order. The following factors may influence production times:
- lack of information about the defaulter, which forces the bailiff to announce his search;
- the debtor lacks a job and a stable source of income;
- the defaulter does not have bank accounts and cards, and even if, for example, the debtor has a salary card, there is a lack of funds for them;
- delaying the case due to constant complaints, petitions and statements from the debtor;
- receipt by the defaulter of deferments or installment plans, during which collection is suspended or subject to restrictions.
Even if the debtor has assets, their realization may take several months and may not necessarily result in a sale. Therefore, it is very difficult to guarantee quick collection. To maximize the speed of the collection process, you can have a lawyer or other representative handle your cases.
Other statutes of limitations in enforcement proceedings
Three years is the general term. There may be situations where it is necessary to apply other deadlines. The most typical example is the collection of alimony for a minor child. If the claimant does not contact the bailiffs within a 3-year period, nothing bad will happen. The law allows him to do this at any time until the child turns 18 years old.
Another example concerns disputes between parents. If the court made a decision obliging one parent to transfer the child to the other, then you can turn to bailiffs to enforce the court decision only within 1 year.
Law on collection periods
The regulations that determine the duration of enforcement proceedings and establish periods for the implementation of individual activities are:
- Code of Civil Procedure of the Russian Federation: Art. 6.1, art. 432, art. 434;
- APK RF: art. 114, art. 321;
- Federal Law No. 229 (Article 21).
If in the first two: the civil procedural and arbitration procedural codes, only general attention is paid to the issues of calculation, then in the law “On Enforcement Proceedings” the provisions on calculating the time for the presentation of an IL or other executive document, the suspension of execution and the procedure for resuming the flow are given a lot of attention .
In the laws concerning the calculation of periods allocated for executive actions, two categories are distinguished:
- general – it is the same for civil and arbitration processes – 3 years;
- special - established depending on the circumstances of the occurrence and legal relations in respect of which compulsory execution is necessary (for example: the period for submitting IL in relation to an illegally detained child is 1 year);
- related to the execution of court decisions on periodic payments (alimony).
How to restore the validity period of a sheet?
Even if three years have passed, the claimant still has a chance to restore the term. This procedure is carried out in court. The applicant's request may be granted if the three-year period is missed for a valid reason. This may include, in particular:
- disease
- being on a long business trip
- service in the Russian army
The law does not establish clear criteria for recognizing a reason as valid. Consequently, the resolution of this issue is entirely within the competence of the court. In order for the court to grant the request, all circumstances must be proven. For example, the above cases can be confirmed by relevant documents.
