Sample application to the bailiff for termination of enforcement proceedings

Both the bailiff and the judicial authority directly can complete enforcement proceedings initiated against the debtor. The latter is entitled to complete the proceedings if:

the debtor or claimant has died and the nature of the obligations is such that they cannot be inherited by the heirs of the deceased;
the opportunity for the debtor to perform actions necessary to fulfill obligations is lost;
the claimant refuses to accept the thing confiscated from the debtor as payment for the fulfillment of obligations;
there are other grounds provided by law.

The bailiff terminates enforcement proceedings in the following cases:

if the court decides to terminate the execution; or the claimant’s refusal to collect has been accepted; or the document on the basis of which the writ of execution was issued has been cancelled; or a settlement agreement between the parties to the proceedings has been approved;
if the debtor or claimant organization was excluded from the register of legal entities - officially liquidated;
if a writ of execution was issued in relation to a child illegally imported into Russia, and during the period of carrying out the activities the child reached an age that does not allow execution to be carried out against him;
in other cases provided for by law.

The collection procedure can be completed by the debtor’s application to terminate enforcement proceedings in cases where:

an amicable agreement has been reached between the claimant and the debtor;
the deadline for this type of execution established by law has been exceeded;
the claimant has died, and his heirs cannot inherit the right of claim under a specific enforcement proceeding;
the basic document on the basis of which the writ of execution was issued was cancelled.

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

The difference between termination and termination

Termination of enforcement proceedings must be distinguished from its termination. The grounds for ending enforcement proceedings are listed in Article 47 of the Law. The main one is the complete execution of the document, when there is no need for further enforcement actions. However, there are other reasons why production may end. Read more about this here.

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 resolve the situation without going to court?

To avoid the need to contact the judicial authorities, one of the following circumstances must occur:

the judicial act for the execution of which the corresponding document was issued was canceled;
the claimant voluntarily refuses to comply with the court decision on his appeal;
the judge issued a ruling on the end of production activities according to the writ of execution;
the collector and the debtor entered into a settlement agreement, as evidenced by a document from the court;
the writ of execution was canceled or declared invalid, and on other grounds specified by law.

If one of the conditions is met, it is necessary to write an application as indicated above, but the addressee will be the executive body and not the judicial one. Documents proving the presence of one of the above grounds are attached to it. They submit a petition to the office, and literally a day later it lands on the bailiff’s desk. It will take another three days to review the materials. Based on the results, a resolution is issued, which is given to the senior bailiff for approval, and then sent to the parties to the dispute.

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

Application to court

It is recommended to contact the court in the following circumstances:

Death of a creditor or debtor, official declaration of persons as dead or missing, if there is no legal succession on this issue.
Loss of ability to follow instructions.
Bankruptcy procedure, declaring a company or individual insolvent.
Refusal of the creditor to receive the thing when seizing property from the defendant.

The application is sent to the area where the FSSP representative carries out the order. The state fee is not paid when applying to court.

According to civil procedure law, the judge reviews the document within 10 days. Next, a meeting is scheduled, to which the parties and the bailiff are summoned, but their attendance is not mandatory; the case can be considered in their absence.

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

Is it possible to cancel the writ of execution?

The legislation does not provide for the right of a person to apply to cancel a writ of execution. However, the law also includes a court order among the executive documents on the basis of which the bailiff initiates proceedings.

This rule is established:

Part 3 Art. 123.1 CAS RF;
Part 2 Art. 229.1 Arbitration Procedure Code of the Russian Federation;
Part 2 Art. 121 Code of Civil Procedure of the Russian Federation.

The procedure for writ proceedings in arbitration courts and courts of general jurisdiction is almost identical. The act issued by the court must be sent to the debtor, who, in turn, has the right to object to its execution. The period for filing objections is set at 10 calendar days.

Cancellation of an order issued by a court is unconditional upon receipt of an application from the debtor.

The objection itself must contain:

name of the court that issued the act;
information about the parties to the case (full name, names, addresses);
case number;
information about the order issued and the circumstances of the consideration of the case;
disagreement with a judicial act;
the grounds on which the debtor considers the order subject to cancellation (with reference to the law);
a request to cancel a previously issued act;
list of documents attached to the objection.

The objection must be signed by the applicant or his representative, whose authority is duly formalized.

Removal of arrest and other consequences

The end of enforcement proceedings means that all previously taken enforcement measures will be terminated. In particular, the search for the debtor or his property will be stopped, seizures will be lifted from bank accounts and money and property belonging to the debtor. In addition, all restrictions on the debtor to leave the Russian Federation and restrictions on the use of special rights are lifted.

In accordance with paragraph 4 of Art. 47 of the Law, measures and restrictions in relation to the debtor are not canceled in the event of termination of enforcement proceedings on interim measures or measures of preliminary protection.

Rights of the judicial institution

Termination of enforcement proceedings is regulated by articles number 439 and 440 of the Code of Civil Procedure of the Russian Federation. The applicant may begin preparing documents for the defense authorities in the following cases:

Death of the applicant or the defaulter in the case of individuals.
If the supervisory institution officially recognizes the person against whom the collection process has begun as deceased or missing. The case can be completed only if the resulting debt does not pass to other persons.
The issued decision lost its force due to the citizen’s unwillingness to comply with the order.
The applicant refused to accept the thing demanded from the defendant on the basis of a statement that listed the requirements for recovery of this thing.

The document must be drawn up by one of the participants in the process and transferred to the supervisory institution that made the decision to initiate enforcement proceedings.

The application must indicate all participants in the case, information about the bailiff, reasons for ending the procedure and weighty arguments (evidence). There is no state fee for such a document.

The document is subject to review within ten days after filing in court. All participants and the bailiff himself must be notified of this. As a result of the meeting, an appropriate decision will be made, which, according to the law, can be appealed.

Contacting the FSSP

Important! An application with a request to terminate an individual entrepreneur can be sent to bailiffs if the following circumstances exist:

the court decided to stop executing the enforcement documentation that it had previously issued;
the court accepted the citizen’s refusal to collect;
the judge approved the settlement agreement entered into by the parties to the case;
the judicial act on issuing the writ of execution was cancelled;
the writ of execution, which was the basis for initiating an individual entrepreneur, was canceled or declared invalid;
execution of the judicial act was terminated;
an entry was made according to which the legal entity (collector institution or debtor institution) was excluded from the unified state register of legal entities.

Performance fee after graduation

If, after paying off the claimant's claims against the debtor, the enforcement fee remains unpaid, its collection is separated into separate enforcement proceedings on the basis of clause 7 of Art. 47 of the Law.

Expert opinion

Lawyer Alexander Vasiliev comments

The bailiff independently initiates new enforcement proceedings on demands for the collection of enforcement fees and expenses for carrying out enforcement actions. The old production will be completed. The bailiff simultaneously sends the parties a resolution to terminate the previous enforcement proceedings and initiate a new one.

As part of the new enforcement proceedings, the debtor may be subject to enforcement measures (including seizure of property and money) and restrictions established by law.

Where to go

If an application is submitted to the bailiff, it must be sent to the FSSP in which the proceedings are carried out. To speed up the process, it is advisable to submit the application personally, not through office workers, but during a personal visit to the bailiff.

The employee’s responsibility is to review the application within three days from the moment it was submitted and make a decision to terminate the proceedings or refuse the application.

If we are talking about judicial authorities, then it is necessary to contact the district court located at the place of work of the bailiff carrying out the collection, or the bodies of the arbitration court of the constituent entity of the Russian Federation. This authority considers the appeal within 10 days through a court hearing.

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.

Fulfillment of obligations by the debtor

Important! There are the following grounds for termination of collection:

actual fulfillment of requirements;
actual execution of claims in several cases combined into one consolidated case;
transfer of documentation on the collection of money to another branch of the FSSP;
sending a copy of the judicial act to the place of employment of the defaulter in order to withhold periodic payments.

In the presence of the above circumstances, the result of the completion of the individual entrepreneur due to execution is favorable for the citizen: the document is actually executed and demands for payment are terminated, or the case is completed due to the fact that the documents were transferred to the institution that is the place of employment of the defaulter for the purpose of their actual execution.

In both situations, the interests of the claimant are truly protected, and the result necessary for the citizen is achieved.