Restoring the deadline for submitting a writ of execution

To enforce the collection of debt from the debtor, it is important to present a writ of execution for execution on time. We will consider in more detail how to restore the deadline for presenting the writ and appeal the refusal to restore the deadline, how many times it can be filed, how to restore the deadline for presenting the writ and appeal the refusal to restore the deadline.

ATTENTION : our lawyer for enforcement proceedings on the side of the claimant or debtor will help you in the matter of presenting a writ of execution to the bank, bailiff, directly to the debtor’s work: professionally, on favorable terms and on time. Call today!

Deadline for submitting a writ of execution for execution

In accordance with Art. 21 of the Law on Enforcement Proceedings, a writ of execution, as a general rule, can be presented for execution within 3 years. The specified period begins to count from the day when the judicial act came into force.

If a writ of execution is issued in response to demands for the return of a child who has been illegally transferred or detained in the Russian Federation, then it must be presented for execution within 1 year from the date the court decision enters into force.

In the event that an arbitration court has restored the deadline for presenting a writ of execution for execution, for which the deadline was missed and which was issued on the basis of a decision of the arbitration court, the writ may be presented within 3 months from the date the court made a ruling to restore the deadline.

If the execution is issued for the collection of periodic payments, then it can be presented during the entire period for collecting payments, and within 3 years when the corresponding period for collecting payments has expired.

Performance list

A decision in a civil case comes into force within 1 month, unless appealed.
If a party filed an appeal, then the date of entry into force will be the date of proclamation of the appeal ruling of the higher court (or the date of the appellate authority making a new decision in the case).

From the moment it comes into force, all circumstances specified in the decision are considered reliably established. It is enforceable even if one or more parties to the dispute are not satisfied. If the plaintiff or defendant intends to appeal the result of the consideration of the case in cassation, they have the right to do so within a 6-month period. But execution of the decision is not automatically suspended. In other words, the claimant should not wait until the defendant, having not agreed with the decision, goes through all the authorities - after the appeal, the plaintiff has the right to receive everything that was awarded to him.

How to find the FSPP writ of execution by number

Sometimes, after the decision has entered into force, the debtor voluntarily repays the amount and there is no need for forced collection, that is, the help of the Office of the Federal Bailiff Service. But more often than not, the plaintiff has to seek restoration of his material rights using coercive “tools.”

If the debtor does not pay anything, it is necessary to obtain a writ of execution and submit it to the Federal Bailiff Service. This is where the enforcement procedure begins.

The main law governing the execution of a court decision is the Law on Enforcement Proceedings in the Russian Federation of 2007 No. 229-FZ with subsequent amendments. According to its provisions, enforcement documents are sent to the district department of bailiffs at the debtor’s place of residence. Proceedings against him are initiated and subsequently carried out there.

According to Part 1 of Art. 12 of this law, such executive documents are:

• writs of execution (IL), which are issued by district, magistrate, and arbitration courts;
• court orders of a magistrate or arbitration judge. The order itself is an executive document;
• notarized agreements on payment of alimony. This refers to situations where parents have agreed out of court how and how much to contribute to the maintenance of their common child;
• CTS certificates, acts of the Russian Pension Fund, acts of control bodies.

Question: What is a writ of execution?

This is text printed on a strict reporting form, on thick special paper with several degrees of protection. It indicates the debtor, the amount of the debt, the place of residence of the parties, as well as details of the judicial act to which the funds were awarded. As well as the judge’s signature and official seal. The form of the form and the rules for filling it out are established by a separate Decree of the Government of the Russian Federation. Multiple sheets may be issued. For example, when there are several defendants, plaintiffs in a case, or execution is expected in different areas.

Question: How to get IL?

After entering into legal force, it is necessary to write an application addressed to the judge, in which you ask to issue the IL. If it was issued before the judicial act entered into force, it is considered void. At the request of the applicant, the court can independently send the document to the district department of bailiffs (ROSP). The period during which you can apply to the court to obtain a writ of execution is not specified in the law. As a rule, the claimant is interested in the speedy receipt of property or money awarded to him. Therefore, most often they apply to the court for a certificate immediately after the decision comes into force.

If the case is heard by an appellate court, it takes time for the case to return to the original court. Only after this the certificate can be issued by this court.

For some types of requirements, the decision is subject to immediate execution, that is, the sheet is issued immediately, before the decision enters into legal force. Such cases are expressly provided for in the law. Among them are cases of collection of alimony for the maintenance of minor children. Decisions on payment of wages, reinstatement at work, and inclusion in the voter list must be implemented immediately. The court has the right to indicate in its act about immediate execution in other categories of cases if the applicant has justified the impossibility of delay.

An application for receiving IL is written to the court (arbitration, general jurisdiction, magistrate) that made the decision. It is handed over to the office.

Within 1-2 days, the applicant will be informed that the executive document is ready and can be received or sent by mail (if requested in the application for the issuance of IL). Sometimes this happens later (the period is not specified, but it must meet the criterion of reasonableness). When the decision must be executed immediately, the sheet is issued immediately on the day of proclamation.

You can ask to send the IL by registered mail to the address of the claimant’s place of residence or directly to the bailiffs.

The application is written in free form, but it must necessarily contain:

• name of the court to which the applicant applies;
• details of the court decision on the basis of which the applicant requests to issue a writ of execution;
• the exact address where correspondence should be sent if the postal method of receipt is chosen;
• the name of the ROSP, where the sheet should be sent if the applicant asks to send it directly to the bailiffs department.

You can use the example:

To the Nikolaevsky District Court of Novostolichny

plaintiff: Pavel Gennadievich Makarov, residing at Novostolichny, st. Derevenskaya, 10 tel. 89484874

Case No. 234/20

APPLICATION for the issuance of a writ of execution

By the decision of the Nikolaevsky District Court of Novostolichny dated September 11, 2021, the claims of Makarov P.G. to the Ninth A.M. satisfied in the amount of 760,000 rubles. The decision came into force on October 27, 2021.

Currently, the defendant refuses to voluntarily repay the existing debt, and therefore I need to obtain a writ of execution to send it to the ROSP for the Nikolaevsky district of Novostolichny for the purpose of initiating enforcement proceedings and forced collection.

Based on the above, guided by art. 428 Code of Civil Procedure of the Russian Federation,

Ask:

Option 1. Issue a writ of execution based on the decision of the Nikolaevsky District Court of Novostolichny dated September 11, 2021, case No. 234/20.

Option 2. Send the writ of execution to my place of residence, st. Derevenskaya, 10, Novostolichny.

Option 3. Send the writ of execution to the ROSP for the Nikolaevsky district of Novostolichny, that is, at the place of residence of A.M. Ninth, for the purpose of enforcement.

Makarov P.G., number, signature

As you can see, the content of the statement is quite simple. In some samples, lawyers recommend indicating more complete information: about the defendants, third parties, their location (residence), and also attaching copies of the application and the court decision. At the same time, it is absolutely not necessary to indicate such information; information about the plaintiff and the names of other participants is sufficient.

The case number and details of the decision must be indicated so that it is clear what dispute the applicant is addressing. By the way, if the application is written by a representative, you must attach a power of attorney.

The applicant must sign to confirm receipt of the writ of execution. At the time of receipt, it is necessary to check the text with the decision on the basis of which the extradition takes place: the full names of the parties, amounts, date of the judicial act, case number, etc. must match. Correction of errors made in the IL is possible by filing a corresponding application with the same court.

There is not always a need to obtain a writ of execution. For example, if a person is recognized as having ownership of real estate, then he will take a copy of such a decision to Rosreestr, where the corresponding changes will be made to the state register. In such cases, a writ of execution is not needed. But when funds under a loan are collected in favor of the creditor, obtaining a writ of execution is a mandatory procedure.

In some situations, the writ of execution is sent not to the bailiffs, but to other organizations. For example, if the amount of debt does not exceed 100,000 rubles, on the basis of Art. 9 of the Law “On Enforcement Proceedings”, the claimant has the right to transfer the sheet to the employer (at his place of work). You can also send the IL directly to the bank if you have information about the debtor’s bank account. In addition, when recovering amounts from the budget, the writ of execution is sent to a government organization (Treasury, Ministry of Finance - depending on the situation).

There are disputes in which the court, regardless of the claimant’s request, sends a writ of execution to the bailiff department or other organizations independently, without issuing it to the plaintiff:

• on the recovery of damage caused by a crime, if a person convicted in a criminal case was sentenced to a fine and/or damages were recovered from him in favor of the state (for example, in criminal cases of official or tax crimes);
• on the collection of state duties for budget revenues;
• on recovery of damage caused to health;
• on compensation for damage caused by the death of the breadwinner;
• on reinstatement and recognition of dismissal as illegal, recovery of wages for forced absences;
• in cases of awarding compensation for violation of the right to trial within a reasonable time.

A writ of execution is a document on the basis of which the bailiff will not only initiate proceedings, but will also take measures to prevent the concealment of income. The debtor’s property will be described and it will be determined whether he has accounts, a car and real estate in addition to housing. In order for the collection procedure to begin, you need to write an application to the Federal Bailiff Service:

To the district department of bailiffs in the Nikolaevsky district of Novostolichny

Makarov Pavel Gennadievich, living at the address Novostolichny, st. Derevenskaya, 10, passport details tel. 89484874

APPLICATION for acceptance of a writ of execution and initiation of enforcement proceedings

In order to enforce the decision of the Nikolaevsky District Court of Novostolichny dated 09/11/20219, I ask you to accept the writ of execution AS No. 71717171 dated 11/01/2021 on the recovery in my favor from A.M. Nine. 760,000 rubles and initiate enforcement proceedings against him.

Details for transfer: name, INN, BIC of the bank, account number, full name of the recipient.

Application:

• performance list;
• a copy of P.G. Makarov’s passport;
• bank statement indicating details.

Number, signature.

Since the IL is submitted to the district bailiff department of the Federal Bailiff Service in the original, you can make a copy of it for yourself, and also ask for a copy of your application with a mark of acceptance by the department. From the moment the application is submitted to the ROSP office, the forced collection procedure actually begins.

Break of the period for presentation of the writ of execution

The deadline for presenting a writ of execution for execution may be interrupted in certain Art. 22 of the Law on Enforcement Proceedings in cases, namely:

1. if the executive is presented for execution
2. if the debtor partially fulfilled the execution

After the break in the deadline has ended, a new deadline for presenting the enforcement order begins to run. In this case, the period that expired before the interruption does not count towards the new period.

If the writ of execution was returned to the claimant for the reason that it is impossible to execute, then the period for presentation for execution begins to count from the date of return.

In a situation where the enforcement was recalled by the claimant or he committed actions that prevented execution, and therefore the execution was completed, then the period from the date of presentation for execution to the day the execution ends is subtracted from the period for presenting the enforcement for execution.

In the event of a postponement or suspension of the execution of a judicial act or an act of another body, the period for presentation for execution is resumed from the day the execution is resumed.

How long does enforcement proceedings with bailiffs last?

According to No. 229-FZ “On Enforcement Proceedings,” the following deadlines are established for bailiffs:

1. The bailiff must issue a decision to initiate proceedings within 3 days after receiving the relevant decision or other document.
2. The debtor is given a period of 5 days to voluntarily pay off the court debt.
3. Next, enforcement proceedings are opened for a period of 2 months, but the deadlines can be extended.
4. In particular, if a search is carried out for the debtor and his property, then a period for the search is introduced (up to six months, but with the possibility of extension).
5. After the search is completed, the bailiff restores the deadlines for enforcement proceedings (during the search, the deadlines are interrupted).

The following circumstances are also taken into account:

• the bailiff has the right to postpone work on enforcement proceedings for 10 days if he has received petitions from the parties;
• the debtor received a deferment or extended payment by going to court;
• the debtor is absent: he is undergoing treatment or is abroad for valid reasons;
• the debtor received executive holidays legally.

The essence of preferential executive holidays is as follows:

• Pensioners with an income below 2 minimum wages, as well as legal entities and individual entrepreneurs classified as small and medium-sized businesses can apply for holidays;
• Vacations can be obtained with a debt amount of up to 1 million rubles. (pensioners) and up to 15 million rubles. (small and medium businesses);
• pensioners can receive benefits only on debts to banks and microfinance organizations, and organizations and individual entrepreneurs can also receive benefits on taxes and insurance contributions;
• the holiday consists of providing an installment plan, during which the bailiffs will stop the forced collection;
• if the applicant meets the conditions and requirements for receiving vacations, the bailiff is obliged to issue an appropriate ruling;
• preferential installment plans can only be applied to proceedings initiated before October 1, 2021.

Most pensions in Russia are lower in amount than 2 minimum wages (currently the minimum wage is 12 thousand 130 rubles on average in the Russian Federation). Therefore, if you have a loan debt of up to 1 million rubles. the pensioner will be able to submit an application and for half a year the bailiffs will not have the right to demand his outstanding debt and initiate enforcement proceedings.

For enterprises and individual entrepreneurs, it is necessary to confirm inclusion in the register of small and medium-sized businesses (maintained by the Federal Tax Service), and it is also necessary to confirm the fact that the main activity of the enterprise belongs to the industries most affected by the coronavirus. The OKVED list for such industries is posted on the Russian Government website.

If the described circumstances occur, enforcement proceedings are suspended or extended.

PS Executive holidays could be obtained for productions until May 1, 2021. This deferment, provided for up to 1 year, is an innovation that was allowed to be used in connection with the coronavirus crisis.

How many times can a writ of execution be submitted for production?

Taking into account the fact that enforcement proceedings can be terminated by bailiffs, including, unreasonably, the enforcement officer can return, the question arises, how many times can a writ of execution be submitted to the proceedings? The answer to this question is very simple: as much as you like, as long as the deadline for presentation for execution has not expired.

When re-submitting a writ of execution for proceedings, take into account the deadlines when the presentation deadline is interrupted if you are worried that the deadline has been missed.

It is better to present the writ of execution again, if necessary, without thinking about the timing of presentation, so as not to accidentally miss it. If the bailiff suddenly returns the writ, considering that the deadline for presentation has been missed, then you need to look at the first time you presented the writ and the subsequent times when the deadline was interrupted, and then appeal the bailiff’s actions.

Restoring deadlines in enforcement proceedings through the court

All procedural deadlines in enforcement proceedings can be restored through the court. However, to do this, you need to receive an official refusal from a FSSP employee to accept documents and confirm that the deadlines for considering applications and complaints have been violated. It is also possible to prove the moment from which the applicant learned about the violation of his right, since the period of time may begin from there.

The following terms can be restored in court under Law No. 229-FZ:

• to present a writ of execution to the FSSP;
• to submit applications, petitions and complaints provided for by Law No. 229-FZ;
• to challenge the actions, inactions and decisions of FSSP officials.

Sample application for restoration, line for filing a writ of execution

These general directions for restoring deadlines can be specified. For example, the creditor can restore the deadline for receiving funds from the FSSP deposit account. The debtor may restore the period for voluntary execution if he received the bailiff’s order at the wrong time and was unable to comply with the bailiff’s order.

In court, the process of restoring deadlines occurs as follows:

• you need to submit an independent petition, or submit it simultaneously with the main document (complaint, application);
• payment of state duty for restoration of deadlines is not provided;
• the court notifies the parties that the petition is being considered, so additional documents, objections, and reviews can be submitted (for example, the debtor can submit objections to the restoration of the deadline);
• the applicant is obliged to prove the validity of the reasons for missing deadlines and provide relevant evidence.

The list of evidence when going to court is also unlimited. Review of documents will take place in accordance with the norms of the Code of Civil Procedure of the Russian Federation and Law No. 229-FZ. The court will evaluate them at its own discretion. If the petition is not satisfied, you can apply to higher authorities to protect your interests.

Restoring the deadline for submitting a writ of execution for execution

If you did happen to miss the deadline for presenting the writ for execution, you don’t need to get upset ahead of time, because you can try to restore this deadline.

To restore the missed deadline in question, you must apply to the court.

At the same time, the Arbitration Procedure Code of the Russian Federation and the Code of Arbitration Procedures of the Russian Federation simply state that the claimant may ask for the restoration of the term, and the Code of Civil Procedure of the Russian Federation states that the term can be restored by the court if the reasons for missing it are considered valid. In any case, the issue of restoring the deadline in order to present the execution for execution will be decided by each judge individually, and the chances of restoring the deadline are greater in cases where it is missed for valid reasons that are duly confirmed.

USEFUL : for more information about the restoration of procedural deadlines, follow the link on the website of the Law Office “Katsailidi and Partners”, Yekaterinburg, as well as in the video

Restoration, suspension, extension of production time

Hi all! We continue the topic of enforcement proceedings. On Friday we focused on the deadlines in enforcement proceedings. If you remember, I talked about the need to comply with them, about how they are calculated. And yes, I promised you that there won’t be such boring topics anymore. But, I deceived you. Today's article will also cover timing. But now I will talk about the consequences of missing deadlines, their restoration, suspension and extension .

Missing one or another deadline in enforcement proceedings can lead to negative consequences for both the debtor and the claimant.

First of all, if you missed the deadline allotted by the bailiff for performing any action or submitting a document, that is, the deadline established by the resolution of the bailiff, then firstly , missing such a deadline will entail liability for you under the Federal Law "On enforcement proceedings." Secondly , and even less pleasantly, missing a deadline does not exempt the parties to enforcement proceedings from fulfilling the requirements contained in the enforcement document.

I think everything is clear here. If the bailiff requires you to provide a certificate of employment or other document, then missing such a deadline will not relieve you of the obligation to provide this document. And in addition to fulfilling this duty, you are at great risk of receiving an administrative penalty in the form of a fine.

In the second case, missing deadlines in enforcement proceedings will prevent you from appealing the actions of the bailiff or the decision made by the bailiff. If you missed such a deadline, all your complaints will be returned to you without consideration on the merits, since complaints filed after the period for appealing the actions (or inaction) of the bailiff has expired are considered not to be filed. That's all, they weren't there.

That is why I continue to repeat in the last article and today that knowledge and adherence to procedural deadlines is already the key to successful work within the framework of enforcement proceedings. Moreover, regardless of whether you are a debtor or a collector. Both, as a rule, often have grounds for appealing against the actions of the bailiff. Well, this is from my practice. Yes, by the way, these provisions that I am talking about today are provided for in Article 17 of the Federal Law “On Enforcement Proceedings”.

Restoration of missed deadlines in enforcement proceedings

Article 18 allows for the possibility of reinstating missed deadlines. I will now list how this is done and for what reasons. However, keep in mind that in practice it is very difficult to restore the missed deadline. The approximate percentage of restoration of deadlines, as I formed it for myself, is about 10% of 100 requests, no more.

So, how can a missed deadline be restored?

The law assumes that a missed deadline for filing a complaint can be restored. To do this, you must, along with your complaint, send a request to a higher authority to restore the missed deadline. Further, the higher authority that will consider the complaint will, first of all, decide on the issue of restoring the deadline, and only then, based on the results, will either accept the complaint or refuse due to missing the deadline.

Accordingly, in order to restore the deadline, the official, and this is the higher management of the bailiff service, must recognize the reasons for missing the deadline as valid. Moreover, when the deadline is restored, a separate resolution on this is not issued, but in the resolution that will complete the verification of your complaint, the moment with the restoration of the deadline will be reflected. This is rather a procedural moment, which, in theory, is of little interest to you.

If the official does not recognize the reasons for missing the deadline as valid, he accordingly issues a decision to refuse to restore the deadline. Your complaint will be considered not filed, and no one will consider it on its merits.

Keep in mind that the next step is to appeal the decision to refuse to restore the missed deadline.

We have considered the procedure for restoring the deadline for filing a complaint with a higher bailiff. In the case of reinstating the missed deadline for filing a complaint with the court against the action or inaction of the bailiff, one must be guided by the civil procedural legislation (Civil Procedure Code of the Russian Federation).

But, I’ll tell you, by and large, the grounds for reinstating the term will be the same. It is you who must prove the valid reasons for missing the deadline. Looking ahead, good reasons include:

• being on a business trip;
• a certificate stating that you were on sick leave;
• other evidence that will objectively indicate that you were physically unable to comply with the instructions of the bailiff or file a complaint within the period established by law.

A few words about suspension of deadlines in enforcement proceedings

I think it will be generally simple here. In the event that enforcement proceedings are suspended, then the course of all deadlines is accordingly suspended. And, logically, from the day the enforcement proceedings are resumed, all deadlines that have not yet expired at the time of restoration are resumed. It would be more accurate and correct to say it continues, since the renewal of the period presupposes the beginning of the period from the very beginning. But in this case this is not the case.

And the third, last point that I have to tell you about today is the extension of production deadlines.

Indeed, there is such an opportunity - to extend any period in enforcement proceedings. This is done by the bailiff, but only on the basis of an application from the debtor or the collector, depending on what period is set and what actions must be taken during it.

If you are interested in extending the deadline, write a corresponding application to the bailiff. If the bailiff satisfies it (and this, for you to understand, is the bailiff’s right, but not the obligation), the period will be extended.

Moreover, the bailiff issues a decision to extend the period. If you need it, then know that the decision to extend the period, like any other decision of the bailiff, can be appealed either in the order of subordination (to a higher bailiff) or in court.

Let me remind you that today I described for you the provisions of Articles 17, 18, 19 and 20 of the Federal Law “On Enforcement Proceedings”.

Bottom line. Today we again talked about deadlines, since this is important basic knowledge, without which you will not be able to work effectively with enforcement proceedings. Tomorrow we will talk about more interesting deadlines—the deadlines for presenting executive documents. These are practical questions that should be of interest to debtors. Stay tuned, subscribe to my newsletter and receive notifications of all new articles. Subscription form below the article. See you soon.

Appeal against refusal to restore the deadline for submitting a sheet for execution

If the court refuses to restore the deadline to file the writ for execution, then it is worth taking the opportunity to appeal the corresponding court ruling on the refusal. When appealing, you must indicate why the court's decision to refuse is illegal, what violations were committed by the court when considering the application, and what was not taken into account by the court.

The court's ruling on refusal must indicate the period for appeal. The appeal period may be 10 days or 15 days, so you should study the provisions of the ruling on the appeal period and do not miss this period.

To appeal a refusal to restore the deadline:

1. prepare a complaint (private complaint) to a higher court
2. send a copy of the complaint to other participants in the process
3. file a complaint with the necessary attachments to the court of first instance
4. wait for the decision on the complaint from a higher court

Restoring deadlines in the order of subordination

In the order of subordination, you can restore the deadline missed when filing a complaint against the actions, inaction or decision of the bailiff. The conditions for restoration are specified in Art. 18 of Law No. 229-FZ:

• a request to restore the deadline must be attached to the main complaint, which will be considered by a higher body of the FSSP;
• when submitting an application, you must indicate a link to the valid reasons for the absence and provide supporting documents;
• consideration of the application takes place without calling the parties;
• if a superior official recognizes the reasons for absence as valid, the period is restored without issuing a separate resolution;
• If restoration is refused, you can file a complaint in court.

The law does not specify an exact list of valid reasons that the applicant may refer to. Based on the analysis of law enforcement practice, evidence may include documents about a long-term and serious illness, forced business trip, and other similar circumstances.

Also, a violation by the bailiff of the procedure and deadlines for sending the documents against which the complaint is filed may be considered a valid reason. For example, if the decision to initiate proceedings was sent to the wrong address, or the bailiff did not act at all, such violations can be referred to when reinstating the deadlines. After the deadline is restored, the complaint will be considered on its merits and a decision will be made.