Application to change the procedure for executing a court decision


Rules for compilation and submission

An application to change the procedure for executing a court decision may be submitted by the parties to the enforcement proceedings (claimor and debtor) and the bailiff. It must be formalized in writing and submitted to the court, which considered the case on its merits. Or to the court at the place of execution of the court decision. But this is always the court of first instance. From experience, the court that heard the case is preferable. After all, he knows the specific circumstances of the case, the essence of the dispute. The court at the place of execution of the decision should be applied only if the place of execution is significantly removed.

There is no need to pay a state fee when submitting an application. The application can be sent by mail, through the court office, or by submitting procedural documents electronically.

Reasons for changing the method of execution of the decision

The method of execution of a decision is an action or a set of actions that the debtor must perform. This is not what the plaintiff demands in the lawsuit, but a method established by a court decision to resolve the dispute. Pay money, make an entry in the work book, demolish an unauthorized building, etc. If the question concerns not a change in the substance of the actions, but only the postponement of deadlines, then an application must be submitted to the court for an installment plan for the execution of the court decision or for a postponement of such execution.

Just as with an application to change the procedure for executing a court decision, it is worth changing the method only when the reasons are objective. That is, the decision cannot be executed in exactly the way that is enshrined in it. Including when this method is inappropriate for the debtor due to significant damage caused to him.

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