An important tool in the enforcement of court decisions is an application for familiarization with enforcement proceedings. We recommend that you actively use it when enforcement proceedings are not progressing, actions are not taking place or they do not bring results.
It is clear that the purpose of drawing up such a document is to study how quickly and correctly the bailiff acts and what happens to the debtor’s property. The claimant or debtor has the right to get acquainted with the materials at any stage of the execution of enforcement actions. The parties will be able to provide missing documents on time, write complaints, and contact other bodies and organizations. All together this can contribute to faster and more correct execution of a court order.
The right to familiarize yourself with enforcement proceedings
After the initiation of enforcement proceedings (application for initiation of enforcement proceedings), the claimant and the debtor become parties to the enforcement proceedings.
The right to familiarize yourself with the materials of enforcement proceedings is enshrined in Article 50 of the Federal Law “On Enforcement Proceedings”:
- Parties to enforcement proceedings have the right to familiarize themselves with the materials of enforcement proceedings, make extracts from them, make copies from them, submit additional materials, submit petitions, participate in the performance of enforcement actions, give oral and written explanations in the process of taking enforcement actions, and present their arguments on all issues arising in the course of enforcement proceedings, object to the petitions and arguments of other persons participating in enforcement proceedings, file challenges, appeal the decisions of the bailiff, his actions (inaction), and also have other rights provided for by the legislation of the Russian Federation on enforcement proceedings. Before the end of the enforcement proceedings, the parties to the enforcement proceedings have the right to enter into a settlement agreement, approved in court.
What to do if the bailiff refuses or is inactive
There are two main options for further action. The first is to file a complaint against the bailiff addressed to the immediate superior and the prosecutor's office . It must indicate violations on the part of the person in charge.
The second way is to file an administrative claim against the bailiff in the district court at the location of the FSSP branch. The text substantiates exactly what rights of the claimant and debtor were ignored.
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The inaction of officials can be revealed after studying the case materials. For example, it turns out that the debtor’s property was not seized or other necessary actions were ignored. Then the appeal takes place according to the scheme described above.
Submitting an application for familiarization with enforcement proceedings
A party to enforcement proceedings may submit an application for familiarization with enforcement proceedings:
- by registered mail (this is quite long)
- make an appointment with a bailiff through the FSSP website
- through the service office
- through your personal account on public services.
In some cases, the application can be given personally to the bailiff who is conducting enforcement proceedings. This is possible if the bailiff immediately provides materials for study or puts a written note on the time of familiarization with the case. Sometimes even a verbal request is enough. But we recommend preparing your application in writing. And carefully photograph the case.
You can get acquainted with enforcement proceedings immediately after its initiation until its completion, including during suspension (application for suspension of enforcement proceedings).
How to fill out an application correctly and where to submit it?
To familiarize yourself with the documentation on the case, a citizen will need to contact the office of the collection service (FSSP) and submit a corresponding application. You can send this document by mail, but it is worth remembering that confirmation that the document was sent may be required.
The most convenient option is to hand over the document to the bailiff in person. This will allow the bailiff to submit materials for examination immediately or to examine the applicant in writing about the date and time of such an event.
Each participant should know that you can get acquainted with the IP immediately after its opening and right up to its completion. If production was suspended, then this opportunity exists during this period. Some lawyers advise, when filing an appeal, to clearly indicate that the papers included in the case will be photographed and copied. Despite the illegality of such an action, some bailiffs justify their refusal precisely by the absence of this clause in the application.
Time limits for familiarization with enforcement proceedings
According to Article 64.1 of the Federal Law “On Enforcement Proceedings,” an application for familiarization with enforcement proceedings is considered by a bailiff within 10 days from the date of filing. We advise you to indicate in the text of the application a specific date and time when you will be able to familiarize yourself with the enforcement proceedings. It should be taken into account that the bailiff must provide the materials for review formalized and filed in the case, for which he needs a certain time. Therefore, it is unlikely that the materials of the enforcement proceedings will be issued for review on the day of filing the application.
In our practice, it happened that the only way to become familiar with the enforcement proceedings was to file a complaint against the actions of the bailiff. Already in court, where the materials are required to be provided by the bailiff, you could easily familiarize yourself with them.
How to make an application
The document is written by hand, typewritten. It indicates information about the parties, time, place of the procedure, and grounds. An exact form is provided for compilation. When writing, avoid grammatical and punctuation errors, use formal language without colloquialisms. If difficulties arise, the form can be filled out by a legal representative, a lawyer, or submitted on the basis of a power of attorney.
The document will be reviewed within 10 days, and as a result the representative will make a decision.
Sample application
Here are the rules for filling out the official paper:
- Name of the branch, information about the collector with residential address, telephone number.
- Title (application for familiarization with the progress of enforcement proceedings).
- Number of the case, writ of execution, name of the court.
- Subject of consideration, information about the plaintiff.
- Link to Art. 50 of the federal law.
- Time and date (you can specify by what date you will need to study information for reasons of limited duration, for example, departure, business trip, planned hospitalization).
- Next, the word “please” is indicated, after which the requirements are stated point by point (familiarization with the file at a certain hour, making copies of sheets).
- Date of document preparation, signature.
Hotline for citizen consultations: 8-804-333-70-30
Procedure for familiarization with enforcement proceedings
Familiarization with the materials of enforcement proceedings is carried out in the premises of the bailiff service under the control of an authorized person.
During the review, materials must be provided for personal study. You can read documents, make written extracts, make copies. The most convenient way to make copies is to use a camera or smartphone.
The time for familiarization with enforcement proceedings is not limited. Obviously, it will take place during the working hours of the bailiffs. At the end of the procedure, a receipt for familiarization with the enforcement proceedings will be taken from the applicant.
How to submit a writ of execution to bailiffs?
What to do with the writ of execution after receiving it in person or by mail? Then it must be submitted for execution to the bailiffs if your debtor does not intend to pay voluntarily, and execution through the bank or through the debtor’s work is either impossible or did not bring results.
All enforcement actions are carried out at the place of residence or stay of the debtor citizen, the legal address of the organization or its branch, representative office, or at the location of the debtor’s property. If a writ of execution is issued to perform certain actions, it is executed at the place where these actions were performed. Once you know the debtor's address, you can determine which department of bailiffs you need to submit the writ of execution to.
You will leave the original document at the bailiff department, so we recommend making several copies and a scanned copy.
Cases when you do not need to contact bailiffs:
- your debtor is an organization excluded from the Unified State Register of Legal Entities;
- the debtor is declared bankrupt;
- the statute of limitations for execution of the judicial act has expired (3 years), and you do not have a court ruling to restore this period;
- your debtor is a budget organization or the budget or treasury of the Russian Federation.
Sample application when submitting a writ of execution
When submitting a writ of execution, bailiffs must have a package of documents with them:
- application for execution - 2 copies when submitted in person, 1 copy when sent by mail. The application is signed personally by the claimant, the director of the company or a representative by proxy;
- original writ of execution;
- copy of passport (1 page and registration), bank account details - if you are a citizen;
- representative's power of attorney - if the application for execution will be signed by someone else for you;
- copies of documents confirming that the debtor has any property, his place of work, information about his property status, etc. - if there is. An extract from the Unified State Register of Legal Entities can be attached to the debtor organization or individual entrepreneur.
There are two ways to submit a package of documents:
- in person - hand over the mark on your copy of the application;
- sending by mail - send by a valuable letter with a list of the contents and a notification of delivery. Save the postal receipt and a list of the contents with a postmark.
Ready! Next, the application and writ of execution will go to a specific bailiff, and he will open enforcement proceedings or issue a ruling refusing to initiate enforcement proceedings. Read more about this in the article “How do bailiffs collect?”.
Features of conducting summary enforcement proceedings and its significance for practice
Experience shows that collectors sometimes have a very vague idea of summary enforcement proceedings.
This is not surprising, since summary enforcement proceedings are a very specific object and can best be understood when you conduct it yourself. But since not everyone has the opportunity and need to conduct summary enforcement proceedings in person, let’s figure it out together.
First of all, I would like to note that the most common mistake is to understand consolidated enforcement proceedings as some new enforcement proceedings that arise instead of the enforcement proceedings combined into it. From this error, demands appear in complaints: “end summary enforcement proceedings,” etc.
In fact, consolidated enforcement proceedings are not a new single enforcement proceedings. In consolidated enforcement proceedings, consolidated enforcement proceedings still remain independent - they can independently be completed, terminated, suspended if there are legal grounds.
New enforcement proceedings are added to the consolidated enforcement proceedings; enforcement proceedings are excluded from the consolidated enforcement proceedings in the event of their completion or termination.
If, for example, in some independent enforcement proceeding the claimant revokes the writ of execution, then this enforcement proceeding ends and nothing happens to the consolidated enforcement proceeding; no separate special resolutions are issued.
The situation is more complicated when the actions are disputed and the complainant asks to suspend the summary enforcement proceedings. Here a lot depends on the specific factual circumstances of the case. If the seizure of property in favor of all claimants is contested, then the entire summary enforcement proceeding may be suspended. If something related to a specific enforcement proceeding is disputed (for example, the legality of issuing a writ of execution, offsetting similar counterclaims between the debtor and the claimant), then the suspension of the entire consolidated enforcement proceeding will violate the rights of other claimants to receive the award from the debtor.
In this case, specific enforcement proceedings must be suspended, within the framework of which certain procedural actions are being challenged. Moreover, enforcement proceedings can also be suspended either in full or in part (for example, in terms of transferring seized property for sale, the valuation of which is disputed). The suspension of enforcement proceedings in whole or in part is provided for in Articles 39 and 40 of the Law on Enforcement Proceedings.
The main problems of executing a court decision:
- Inactive work of the bailiff, whose production received your writ of execution;
- The actions of the debtor himself, who is in no hurry to part with his funds and acquired property;
- The possibility of a situation of suspension of enforcement proceedings;
- Termination of enforcement proceedings.
Ways to solve the problem:
In order not to let the matter take its course, it is necessary to monitor all stages of enforcement proceedings, but not every claimant can afford this due to being busy at work, from which it is not always possible to take time off, and there should still be time for rest.
Our lawyers and their assistants are ready to take on the entire procedure for representing interests at the stage of enforcement proceedings.
Procedural economy
In the case of combining enforcement proceedings into a consolidated one, there is no need in the descriptive part of the procedural documents (acts, resolutions, etc.) to list all enforcement proceedings and the amount of collection for each enforcement proceeding. In each procedural document, a reference is made to the consolidated enforcement proceedings No. 12525/45/-SD.
In other words, the essence of consolidated enforcement proceedings is that when collecting from one debtor in favor of several collectors, the bailiff takes actions not for each enforcement proceeding separately, but for the consolidated enforcement proceedings as a whole.
