Application for deferment of execution of a court decision

Grounds for filing an application to defer the execution of a court decision

The grounds for going to court are circumstances that prevent the decision from being executed immediately.

These circumstances include the property status of the defendant. For example, if after some time the defendant waits for the receipt of a sum of money sufficient to repay the debt, he has the right to apply for a deferment. It is necessary to document that, after a certain period of time, the debtor will be able to fully comply with the court decision.

If for monetary obligations established by a court decision the grounds for granting a deferment are clear and logical, then for other obligations there is no such obvious situation. However, the circumstances of the defendant may be very different. The main thing is to convey to the court the need for this measure. And to convince that this method of execution will be beneficial to all participants in the process, will correspond to their interests, provide written evidence that the court decision will be executed within the requested period. Article 203 of the Code of Civil Procedure of the Russian Federation, which regulates disputed relations, also leaves the circumstances for granting a deferment to the discretion of the court.

What documents are needed for installment plan

To the application for granting an installment plan for the execution of a court decision, the applicant must attach documents that confirm their financial situation. And evidence that the obligation can be fulfilled in parts. Such evidence includes certificates of the amount of earnings or other income that is paid in periodic payments.

You can attach the children's birth certificate or a guardianship order as proof of expenses. You can attach receipts for expensive treatment and other documents.

In general, the list of documents for installment payment is not established anywhere. Considering the arguments presented in the application, attach supporting documents. That is, each justification for the installment plan must be documented. Talk about income - attach a certificate confirming it. Talk about expenses - attach the relevant documents. It is clear that there is no point in confirming, for example, expenses for food, clothing and other daily needs. These expenses are covered by the concept of a living wage. It is necessary to confirm the individual expenses that are unique to you personally.

How to draw up and submit an application for deferment of execution of a court decision

Perhaps, instead of a deferment, an installment plan for execution of the decision is required? To accurately formulate your position, we advise you to read the application for an installment plan for the execution of a court decision.

In an application for deferment of execution of a court decision, it is necessary to indicate information about the decision, the execution of which must be deferred, information about the reasons that served as the basis for filing such an application. And evidence supporting the grounds for deferment. Moreover, these are documents indicating the difficult financial situation of the debtor. And evidence that the debtor will soon be able to objectively fulfill the court decision.

An application for deferment of execution of a decision will be considered by the same court or magistrate who made the decision. As a general rule, the court considers the application without holding a court hearing. And without notifying the participants in the case. In practice, the issue of changing the execution of a court decision is an issue affecting the rights of the claimant. And the court in the vast majority of cases schedules hearings. Therefore, it is advisable to send a copy of the application and documents to other participants in the case in advance. And to the bailiff (when enforcement proceedings are initiated).

There is no state fee to pay when submitting an application.

What is installment execution of a decision?

Installment of execution of a court decision means that the requirements contained in the writ of execution will be fulfilled in parts, step by step, within the time limits established by the court. To provide an installment plan under a judicial act, you must submit a petition according to our sample. And precisely to the court, and not to the bailiff. If we are not talking about a judicial act, the interested person submits a petition to the body (official) that adopted the relevant act.

The court may grant an installment plan due to the difficult financial situation of the defendant, which does not allow him to pay the entire amount awarded by the court in a lump sum. But there must be conditions when the debtor can pay the amount in equal parts, for example, monthly.

When applying for an installment plan, it is necessary to take into account that the court will strive to maintain a balance of interests of the creditor and the debtor. In any case, the decision must be executed within a reasonable time. Therefore, installment plans for more than 1-1.5 years are practically not used. Therefore, the maximum period for granting an installment plan for the execution of a court decision is 1.5 years. This should be taken into account when drawing up an application, because it must be justified. We advise you to write a maximum period of 1.5 years, and count on a period of no more than 1 year.

It is necessary to distinguish between requirements for granting installment plans and deferment of execution of a court decision. These actions have similar beginnings, but have different consequences.

Sample application for deferment of execution of a court decision

In ________________________ (name of the court) Claimant: ________________________ (full name, address)
Debtor: ________________________ (full name, address)

Bailiff ___________________________ (full name, address)

Interested parties: ________ (full name, address) in civil case No. _______

Application for deferment of execution of a court decision

“___”_________ ____ the court made a decision in case No. _____ on the claim of __________ (full name of the plaintiff) to ________________ (full name of the defendant) on the claim of ___________ (essence of the requirements), which _________ (indicate what the court decided on, what are the responsibilities of this decision assigned to the defendant).

The debtor currently does not have the opportunity to execute the court decision, since _________ (indicate the reasons preventing the execution of the court decision; circumstances under which the execution of the court decision will currently be unfavorable for the parties). In fact, it will be possible to execute the court decision after “___”_________ ____, when _________ (indicate how the circumstances will change, why exactly after the specified date the court decision will be executed).

Based on the above, guided by Article 203 of the Code of Civil Procedure of the Russian Federation,

Ask:

1. Postpone the execution of the court decision on the claim of ________ (full name of the plaintiff) to ________ (full name of the defendant) about ________ (essence of the decision) until “___”_________ ____.

List of documents attached to the application:

1. Notification of delivery (sending) of a copy of the application to the participants in the case
2. Documents confirming the grounds for granting a deferment of execution of a court decision

Date of application “___”_________ ____ Signature _______

statements:

Application for deferment of execution of a court decision

Consideration by the court of the issue of installment decision

The debtor's lack of funds to execute the court decision is not a basis for granting an installment plan. In this case, the bailiff has the right to foreclose on the defendant’s property. After all, execution of a court decision is possible through the sale of this property.

An application for an installment plan is considered by the court that made the decision in the case. An application for installment plan is not paid with state duty. As a general rule, the court considers the application without a court hearing or summoning the parties. However, the court has the right to schedule a meeting and notify the participants (this most often happens). But the appearance of the parties at the consideration of the application in such cases is not obligatory. All persons who took part in the case are indicated as interested parties. In addition, a bailiff.

An application for installment payment is submitted to the court in free form; there are no special requirements for its content. However, when submitting an application, we recommend that you adhere to the template posted on the website.

How to negotiate with bailiffs: what is possible and what is not

It all depends on what you mean by “agree.” The bailiff does not receive any personal benefit from the collection and cannot be interested in the outcome of the case. If you try to “solve the issue” with money or by promising benefits in favor of the bailiff, you may be prosecuted for giving a bribe.

Pressing for pity is also useless. Each FSSP specialist simultaneously has dozens and hundreds of collection cases in progress. For each of them, it is necessary to carry out painstaking work to find the defaulters and their property, and force the debtors to pay the collector. Instead of useless persuasion or deliberately illegal actions, it is better to use the provisions of Law No. 229-FZ. Read more about this below.

Deferment of execution

Deferment is a period of time during which the debtor may not pay the debtor.

The bailiff can only delay enforcement actions for up to 10 days if such a request is submitted by the debtor. But the FSSP specialist is not obliged to give such a deferment.

For example, during an urgent business trip, the debtor cannot be personally present during the inspection and seizure of property, therefore he has the right to request a postponement of this procedure.

Officially deferring debt payments can only be done through the court that made the decision. When submitting an application, you must indicate valid reasons for postponing the deadline. For example, you can ask for a deferment while you are in hospital if the debtor is undergoing a complex operation. The judge will determine the exact period of deferment based on the evidence presented. In practice, courts rarely grant more than 4-6 months of deferment.

How to get an installment plan for a writ of execution from bailiffs

There is no way to get an installment plan for a writ of execution from the bailiff service.

FSSP specialists simply do not have the right to provide installment plans. All they can do is determine the percentage of withholding when sending documents to the debtor's place of work or to the bank. Therefore, it makes no sense to submit an application and try to pay off the debt through the bailiff.

Installment payment through the court

In any enforcement proceeding there is a very good chance to settle debts through the court. The fact is that the creditor can also receive certain benefits from the installment plan. When considering the application, the judge will check whether the debtor has a real chance of paying certain amounts each month. If there is such an opportunity, the claimant is guaranteed to receive his money, even if not in a lump sum.

We would like to repeat once again - you need to ask the court (and seek to make such a decision) to order payments to pay off the debt in an amount that will be feasible for the debtor. So that with the funds remaining to him he could support his life - and his family.

You can ask the court to install the debt at any stage of the proceedings. The algorithm of actions is as follows:

• you need to prepare evidence confirming the grounds for the installment plan;
• it is necessary to fill out an application, make correct references to evidence and legal norms;
• you need to submit documents to the court that made the decision to collect the debt.

It is advisable to personally take part in the consideration of the application, justify your request and convince that the evidence in your case is extremely serious. The claimant has the right to present his objections, which may influence the court's decision.

If the court agrees with your arguments, it will issue a ruling to grant an installment plan. The document will indicate the period of time during which you can avoid paying your debts. Please note that you can apply for installments several times. At the same time, for each new application you need to re-prove the validity of the reasons why you cannot pay the debtor at once. Automatic extension of the installment plan is not allowed.

What to indicate in an application for installment plan

It depends on the application and the evidence provided whether you will be able to pay off your debts in installments.

The application must indicate:

• your data, information about the claimant;
• details of the FSSP proceedings (number, date of initiation);
• basic information about the court decision and the writ of execution for debt collection;
• a reference to the valid circumstances for which you are asking to install the debt;
• the period of time you request for installments;
• asking the court to release you from payments;
• signature, date.

An application for an installment plan can also be submitted by the bailiff leading the case. In practice, this is extremely rare, since only the debtor is directly interested in changing the terms of collection.

The application must indicate and justify the exact reasons why you are asking for an installment plan. Such circumstances may be:

• severe and/or long-term illness, including hospitalization;
• dismissal from work (for example, due to reduction, liquidation);
• reduction in earnings, if this is not related to your guilty actions;
• disability or temporary incapacity for work;
• the appearance of new dependents in the family (for example, the birth of a child);
• other circumstances confirming the deterioration of the financial situation and the temporary inability to pay debts.
  For example, you lived an ordinary life, rented an apartment, but did not have your own corner. A relative of yours died and left you his apartment in his will. This apartment may become your only home.

  But the inheritance is burdened with debts - for example, before his death the person took out a loan, and also did not pay for utilities - well, he did not have the funds for this. It happens.

  And now you enter into an inheritance, and creditors come to you. And they demand to sell the apartment to pay off the debt. Don't agree right away! Ask the court for an installment plan and to establish payments that are feasible for your financial situation.

All of the above circumstances must be supported by documents. For example, this could be the conclusion of a medical and social examination (MSE) or extracts from the register of disability, a certificate from the employment center (CPE) about registration for unemployment, a child’s birth certificate, and other documents.

Settlement agreement with the claimant

This option is allowed by Law No. 229-FZ, but is extremely rare. The claimant is unlikely to agree to formalize a settlement agreement and withdraw documents from the FSSP, even if the debtor guarantees voluntary payments. If you manage to reach an agreement, the settlement agreement must be submitted to the court for approval. And you must not violate its terms.

The bailiff does not have the right to make decisions on such issues himself. If the agreement is approved, the FSSP specialist will complete the case, return the documents to the claimant, and stop enforcement actions.

Executive holidays

This is a special installment option that can be provided by the bailiff himself. Executive holidays were introduced in 2021 as a support measure due to the coronavirus pandemic. Only debtor pensioners can receive an installment plan if their income does not exceed two subsistence minimums.

General conditions for granting holidays:

• Installment plans are provided only for credit debts in the amount of up to 1 million rubles;
• the maximum duration of the vacation is 24 months;
• the debtor-pensioner is obliged to submit an application and payment schedule to the FSSP.

The entire amount of debt in the schedule is divided by the number of months of installments. In most cases, this is less profitable than monthly deductions of 50% from the pension.

For example, with a debt amount of 1 million rubles. and a vacation period of 24 months, the debtor will have to pay more than 41 thousand rubles monthly. Agree that the amount of deductions from your pension will always be much less. Therefore, only a few debtors took advantage of executive holidays.