Application - a request for measures taken by the bailiff to fulfill the requirements of the executive document, 2021, 2021 - Statements of claim, complaints, petitions, claims

Inquiry about the progress of enforcement proceedings: the essence of the document
Request to bailiffs about the progress of enforcement proceedings: features of the application
Statement on the progress of enforcement proceedings: procedure for signing

The activities of bailiffs are regulated by the law “On Enforcement Proceedings”.
To collect the amount of debt from the debtor, the bailiff is obliged to use all powers provided by law. In this case, the claimant has the right to submit a request for information and measures taken by the contractor. Such a request is subject to unconditional execution. Application - a request for measures taken by the bailiff to fulfill the requirements of the executive document is submitted in accordance with the law “On Enforcement Proceedings” - Article 12. Such a document is submitted to the bailiff department in person or by registered mail. In this case, the applications under consideration are drawn up in any form. However, when drawing up an application - a request for measures taken by the bailiff to fulfill the requirements of the writ of execution, a number of significant conditions must be reflected.

Author of the document

Contract-Yurist.Ru offline Status: Legal company rating460 84 / 6 Private message Order a consultation Read also: Bankruptcy of individuals: how the procedure works and what documents are needed for this	number of consultations:
noted as the best:	5
answers to documents:
documents posted:	927
positive feedback:
negative reviews:

Information for the document

In accordance with current legislation, a court decision that has entered into legal force is binding and must be complied with. But not all persons comply with the conditions of the court decision. That is why the law provides for the possibility of enforcement of a court decision. Enforcement of a court decision is carried out by bailiffs on the basis of certain legislative acts.

Features of document preparation

Completed sample supply agreement
Legislative regulation
When is a request application necessary?
How to compose and send

Legislative regulation

The legislation carefully regulates the procedure for enforcement of a court decision. In particular, procedural legislation provides for the procedure for a court decision to enter into legal force. For example, paragraph 1 of Art. 209 of the Code of Civil Procedure of the Russian Federation states that a court decision comes into force after the expiration of the period given to the parties to the proceedings to appeal it. And clause 2. Art. 321 of the Code of Civil Procedure of the Russian Federation states that an appeal can be filed within a month from the date of the court decision.

Important! After the expiration of the specified period, the court decision comes into force and can be enforced.

To begin the enforcement process, you must submit a corresponding application to the court and receive a writ of execution, which must be presented to the bailiff service. On the basis of the presented writ of execution, enforcement proceedings are initiated. The procedure for initiating enforcement proceedings and carrying out enforcement actions is regulated in the Federal Law “On Enforcement Proceedings”.

When is a request application necessary?

Of course, the legislation carefully regulates the procedure and timing of enforcement actions. But bailiffs do not always fulfill their duties conscientiously. Very often they violate the deadlines established by law, and also do not provide the applicant with information regarding the enforcement actions taken.

Accordingly, in the above cases, there is a need to draw up a statement - a request about the measures taken by the bailiff to fulfill the requirements of the writ of execution. After all, the applicant has every right to receive information about the actions performed by the bailiff.

How to compose and send

Application - a request for measures taken by the bailiff to fulfill the requirements of the writ of execution must be drawn up in writing.

Important! in the text of the application it is necessary to indicate the data of the court case, as well as the writ of execution on the basis of which the enforcement proceedings were initiated. If the applicant has an enforcement proceedings number, then this number must also be indicated.

In the text of the application, it is also necessary to make a reference to the relevant legislative acts (Federal Law “On Enforcement Proceedings”, Federal Law “On the Procedure for Considering Citizens’ Appeals in the Russian Federation”). After indicating these legislative acts, it is necessary to write down the applicant’s questions and the data about which he wants to receive information.

It is advisable to draw up the application in two copies, one of which must be left with the applicant. The application may be sent by mail with acknowledgment of receipt. It can also be served directly on the bailiff service. But in this case, on the second copy of the application, the relevant employee puts a stamp and signature indicating receipt of the application.

Obtaining information about the progress of the process

To do this, you need to write a statement requesting familiarization with the case materials, which is submitted to the executor. The official paper is drawn up in any form and printed on a computer. It indicates the articles of the normative act; please provide the data in electronic form. As a result, you will find out the stage of enforcement proceedings, the amount of debt, the amount of outstanding debt, the possibility of completing the procedure, collection measures and enforcement of the requirements that have been taken.

Statement.

Bailiff _____________ OSP (full name) is in the process of enforcement proceedings No. __________________, initiated “__”________20__ on the basis of an executive document - court order No._________ dated “__”________20__, on the recovery of the amount in my favor debt with __________.

To date, the requirements of the enforcement document have not been fulfilled (partially fulfilled); I do not have information about the progress of enforcement proceedings.

Based on the above, guided by Article 50 of the Federal Law “On Enforcement Proceedings” No. 229-FZ dated 02.10.2007, I ask you to comply with the established clause 1 of Article 12 of the Federal Law “On the procedure for considering citizens’ appeals in the Russian Federation” No. 59-FZ dated 02.05 .2006 30-day period to report what measures were taken by the bailiff to fulfill the requirements of the writ of execution (indicating the dates of all enforcement actions and enforcement measures):

Were requests sent to banks and registration authorities (Pension Fund, Federal Tax Service Inspectorate, State Traffic Safety Inspectorate, GIMS, State Technical Supervision, Federal Reserve System, BTI, other registration authorities).
Was the exit carried out at the debtor’s place of residence?
Was the debtor summoned to the bailiff based on summonses/demands/notices?
Was the debtor brought in forcibly?
Was the debtor warned about criminal liability for evading payment of accounts payable under Article 177 of the Criminal Code (if the debt is over 250 thousand rubles).
Was a request sent to the Federal Migration Service about the place of registration of the debtor, as well as whether he has a foreign passport, if he has a passport, and whether the bailiff issued a resolution restricting the debtor’s right to leave the Russian Federation.

Download the document “Application - a request for measures taken by the bailiff to fulfill the requirements of the writ of execution”

What kind of debts do FSSP representatives deal with?

Based on the writ of execution, bailiffs resolve the following issues:

Debts in alimony for the maintenance of a minor child, disabled spouse, parents.
Delay in payment of utilities.
Debts to private individuals under civil contracts, receipts.
Non-payment of interest and loan amount from a bank or microfinance organization.
Outstanding fines from the traffic police and tax inspectorate.

The defendant is an individual, individual entrepreneur, or organization.

When should you submit a request to the bailiffs?

According to the norms of Federal Law No. 229 “On Enforcement Proceedings...”, the bailiff is obliged to take the necessary measures within two months from the date of initiation of enforcement proceedings.

Art. 36 of Law No. 229 provides for situations in which this period may be extended or suspended. The main reason is circumstances beyond the control of the FSSP RF employee. For example, there was a need to transfer the case to another territorial unit.

Note!
If employees of the Federal Bailiff Service of the Russian Federation are inactive for more than two months without any apparent reason, you can submit a request to receive information about the execution of a court decision.

Found documents on the topic “statement to bailiffs about the progress of enforcement proceedings sample”

Application for provision of materials of enforcement proceedings for review to the bailiff department of the FSSP Statements from citizens → Application for provision of materials of enforcement proceedings for review to the bailiff department of the FSSP
Statement - request for legal action taken bailiff-the executor takes measures to fulfill the requirements executive document
Statements of claim, complaints, petitions, claims → Statement - a request for measures taken by the bailiff to fulfill the requirements of the writ of execution
... the bailiff ( full name) has the address of the department from (full name), living at the address: (address), telephone application . In the proceedings of the bailiff - executor of the smallpox (full name) there is enforcement proceedings No., initiated “...
Sample. Statement about excitement production in a case of insolvency (bankruptcy) of an enterprise
Statements of claim, complaints, petitions, claims → Sample. Application for initiation of proceedings regarding the insolvency (bankruptcy) of an enterprise
arbitration court creditor: (name) (address) debtor: (name) (address) application to initiate proceedings on the insolvency (bankruptcy) of an enterprise between and (creditor) (debtor) ...
Sample dated June 6, 1996 Statement about excitement production in the case of insolvency (bankruptcy) of a credit organization
Statements of claim, complaints, petitions, claims → Sample dated June 6, 1996 Application to initiate proceedings in the case of insolvency (bankruptcy) of a credit organization
...paid off the remaining debt under the loan agreement dated . the total amount of debt at (indicate the time of filing the statement ) is RUB. due to failure to comply with the requirements of federal laws regulating banking activities and regulations...
Complaint against an illegal decision, action (inaction) of a judicial service official bailiffs
Statements of claim, complaints, petitions, claims → Complaint against an illegal decision, action (inaction) of an official of the bailiff service
...address (tel.): complaint about an illegal decision, action (inaction) of an official of the bailiff service I , (last name, first name, patronymic) am (debtor, collector, interested party) for enforcement ...
Sample. Sample statements for the production of stamps and seals
Founding agreements, charters → Sample. Sample application for the production of a stamp and seal
sample application for the production of a stamp and seal to the head of the police department, we ask you to issue a permit for the production ...
Read also: Obtaining a military ID after 27 years in 2021, reviews
Sample. Statement on voluntary recognition of paternity (by joint statement parents)
Statements from citizens → Sample. Application for voluntary recognition of paternity (on a joint application of the parents)
application for voluntary recognition of paternity (by joint application of the parents). to the registry office of the district of Moscow (name...
Sample. Statement on voluntary recognition of paternity (by statement child's father)
Statements from citizens → Sample. Application for voluntary recognition of paternity (at the request of the child’s father)
application for voluntary recognition of paternity (at the request of the child’s father). to the registry office of the district of Moscow (name of the registry office...
Sample. Executive inscription
Debt and loan agreement → Sample. Executive inscription
... Terenty Ivanovich, residing: Moscow, Orekhoviy Blvd., no. 111, apt. 18, in favor of the Krasnogvardeysky branch of Sberbank, located: Moscow, Kavkazsky Boulevard, no. 8, unpaid debt on time - loan for the quarter of 1990 in the amount of rubles. except…
Sample. Statement on the revocation of the power of attorney to represent the interests of the shareholder at the general meeting of the joint-stock company (sample)
Powers of attorney: sample completion → Sample. Application for revocation of a power of attorney to represent the interests of a shareholder at a general meeting of a joint-stock company (sample)
application to the board of directors (supervisory board) (name of the joint stock company) from the shareholder (full name or...
Sample. Petition about extradition executive sheet of arbitration decision
Statements of claim, complaints, petitions, claims → Sample. Petition for the issuance of a writ of execution against the decision of the arbitration tribunal
to the district (city) people's court of the region (territory, republic) from (full name, address) a petition for the issuance of of execution against the decision of the arbitration court, the arbitration court in accordance with the agreement between (full name and...
Sample. Petition about suspension production on business
Statements of claim, complaints, petitions, claims → Sample. Petition to suspend proceedings in the case
...awakened by the Criminal Code of the Russian Federation in relation to . (last name, acting name) attachment: 1. certificate from the investigative department. 2. copy of the statement and others to (last name, acting title). (name of organization) (position, surname, acting) representative (name…
Complaint against a decision, actions (inaction) of a judicial service official bailiffs
Statements of claim, complaints, petitions, claims → Complaint against a decision, actions (inaction) of an official of the bailiff service
...for the location of the organization) a complaint against a resolution, actions (inaction) of an official of the bailiff service to (indicate the position, surname, initials of the official, resolution, actions (inaction) of which are being appealed...
Sample. Power of attorney for production transport and forwarding operations
Powers of attorney: sample completion → Sample. Power of attorney for transport and forwarding operations
...the last power of attorney was issued to the effect that (full name of the enterprise trusts) (full name of the enterprise) the production on its behalf of all transport and forwarding operations and services provided for in the agreement dated "" 20 no. , at the railway station...
Sample. Regulations on executive body of the joint stock company (standard form)
Founding agreements, charters → Sample. Regulations on the executive body of a joint stock company (standard form)
Regulations on the executive body of a joint stock company 1. General part This regulation has been developed in accordance with federal law...

The procedure for considering an application to bailiffs

All applications to bailiffs must be in writing and submitted through the office of the service. The office employee is required to put a receipt mark on the second copy. Then the applicant will have grounds to demand, including through the court, to consider his application or appeal the inaction of the bailiff.

The processing time for applications to bailiffs varies. When calculating the deadline, do not forget that the office employee has 3 days to register the application received. The result of consideration of the application is formalized by issuing a resolution of the bailiff (except for cases of familiarization with the case, when the applicant makes a mark), about which a complaint can be filed with the senior bailiff or in court.

If you discovered that enforcement proceedings are being carried out against you?

Initiating a case is the first stage from which debt collection begins. The stage begins after the bailiff receives a court order or writ of execution, all this is done in a short time, not exceeding three days. At the same time, the official must send you a notice by registered mail.

In practice, it happens that many issues are considered by the court without inviting the debtor to a meeting (usually this concerns collections under loan agreements). The official notification letter takes about a week, during which time you may find that production has already begun, and the bailiffs will come to your home any day now. What to do in this case?

Comment on the rating

Thank you, your rating has been taken into account. You can also leave a comment on your rating.

Is the sample document useful?

If the document “Statement - a request for measures taken by the bailiff to fulfill the requirements of the writ of execution” was useful for you, we ask you to leave a review about it.
Remember just 2 words:

Contract-Lawyer

And add Contract-Yurist.Ru to your bookmarks (Ctrl+D).

You will still need it!

Application - a request for measures taken by the bailiff to fulfill the requirements of the writ of execution