Application to bailiffs for acceptance of a writ of execution - sample

Any failure to pay a debt results in the applicant initiating legal proceedings. Here it is important not only to win the case, but also to ensure that the defendant pays his debts. As a rule, debtors rarely do this on a voluntary basis. Therefore, the plaintiff submits a writ of execution to the bailiff service.

Based on the decision of the court, employees of the authorities begin to initiate enforcement proceedings. In extreme cases, they do it themselves.

Initiation of enforcement proceedings

If a citizen has debts on debt obligations and is in no hurry to close them, this leads to the fact that the creditor begins to demand the return of funds in court. If the plaintiff has sufficient evidence, then in most cases the judicial institution takes his side. If the applicant wins, he receives a court order.

This document in the Civil Procedure Code of the Russian Federation is positioned as a court decision based on the plaintiff’s statement of claim, demanding the recovery of funds from the debtor. But it is worth noting that this act does not always guarantee full implementation of the decision. Therefore, debt collectors are very often forced to turn to the Federal Bailiff Service for help. Let's look at the reasons for contacting bailiffs:

• If this requires forced seizure of the debtor's property.
• When it is necessary to forcefully return the plaintiff’s funds.
• If it is necessary to find the defendant and other situations.

Now let's look at who the plaintiffs are in legal proceedings:

• Divorced women whose ex-husbands, due to various circumstances, do not want to take part in the maintenance of their common minor child.
• Financial organizations whose clients do not properly fulfill their obligations.
• Citizens, if it is extremely important to find a person who has not reached the age of majority. Here the search is taking place with the participation of law enforcement agencies.
• Enterprises and businessmen whose partners do not fulfill their agreements.
• Citizens who need to return to their living space, from where they were evicted by illegal methods.
• Ordinary citizens in the presence of material conflicts.
• Employees of a company with whom their employer decided to terminate the contract without compelling arguments. In this situation, the service may require a biography of the applicant.

Only a small part of the reasons for applying to the court is listed here. In practice there are many more of them.

Expert opinion

Yurchenko Ekaterina Vasilievna

Deputy Chairman of the Committee for Debt Dispute Resolution and Crisis Management

To initiate the enforcement procedure, the applicant must submit not only a court order, but also write a corresponding petition in a standard form. Both the injured participant himself and his authorized representative can submit a package of documentation if he has a power of attorney certified by a notary. Errors and typos are prohibited in the statement itself, and it must reflect only the essence of the problem.

Note! To avoid errors and corrections, we recommend using a standard application form. It is necessary to specify the meaning of the appeal and the amount of funds collected.

How to file a complaint to the senior bailiff?

A complaint against the actions of the bailiff is sent to the head of the FSSP department where enforcement proceedings are carried out. For a positive result of your complaint, of course, you need documentary evidence of the unlawful actions of the bailiff.

So, for example, if a bailiff seized a vehicle, which, although used by the debtor, is owned by another person, then the owner of the seized property must provide documents confirming the ownership of the seized vehicle. Thus, the complainant must not necessarily be a participant in the enforcement proceedings.

The complaint must consist of the following fragments:

• Statement of the circumstances of the illegality of the actions of the bailiff
• Link to current legislation
• The pleading part, in which the complainant indicates exactly what measures he asks to take upon the occurrence of illegal actions

USEFUL: order filing a complaint from us, and also watch a video with additional tips

In what cases is it necessary to file an application?

There are cases when the claimant does not understand how to submit a writ of execution to the bailiff service. Anyone can apply to the service in the following cases:

• When it is necessary to forcibly reclaim property from the debtor.
• When it is necessary to force a defaulter to repay debt obligations.
• When you need to find a person.
• Other situations specified in the writ of execution.

As a rule, applicants here can be the following persons:

1. Financial institutions, if borrowers do not try to pay debts on their debt obligations.
2. Divorced women whose ex-husbands avoid paying alimony for the maintenance of their common minor children.
3. Ordinary people, in the case of searching for a child who has not reached the age of majority.
4. Citizens who were evicted from their living space by illegal methods.
5. Employees of the enterprise if they were fired without convincing arguments. In this case, the bailiff may ask for a file on the applicant.

Obligation to return the writ of execution

In addition to return due to the fulfillment of an obligation (full repayment of the debt), it is provided for in Art. 46 Federal Law No. 229 in several more cases:

• at the request of the claimant;
• if it is impossible to fulfill the requirement of the writ of execution;
• if the location of the debtor has not been established;
• in the absence of property on which foreclosure can be imposed;
• if the claimant refuses to accept the property to pay off the debt;
• if the claimant opposes the bailiff;
• in case of deportation of a debtor – a citizen of a foreign state – from the Russian Federation.

The return does not prevent the same document from being re-applied for collection in cases where the circumstances preventing the execution cease, but the statute of limitations has not expired (3 years).

Hotline for citizen consultations: 8-804-333-70-30

Algorithm for drawing up an application

You can find out more information about where exactly you need to send your application on the official website of the FSSP - fssprus.ru.

The application must be written in accordance with generally accepted rules:

1. In the very top corner of the document you indicate personal information about the respondent and applicant, including contact information and residential address.

Important! If the claimant is a legal entity, then here you must indicate the full name of the enterprise, registration number, legal and actual address. The main part of the petition must describe the essence of the appeal. Here you can take an application for alimony as a sample. It is important to state the following in the text itself:

2. Information about the court order.

3. Information about the child for whose support it is necessary to begin the debt collection procedure.

4. Bank account details for transferring funds.

The application must also be accompanied by supporting documents: court order, bank details, etc. At the end of the document, sign and date it.

After accepting the document, the employee must mark it in a special journal. We recommend using a sample application to avoid errors and typos.

You can download the application using this link

Writing an application for a bailiff: when is it necessary?

The most popular examples when you need to contact the FSSP with a sample application for the forced recovery of cash, property, to establish the location of a person, etc. according to a writ of execution:

• bank employees - to reimburse accrued fines, penalties and return the principal amount of debt from the borrower;
• single mothers with minor children who are supported by them - if the spouse fails to fulfill his obligations to pay alimony;
• individuals - submitting a request for the purpose of executive search for a child;
• claimants who were illegally evicted from a residential property - for their forced resettlement;
• employees of enterprises and organizations - in case of illegal dismissal from work.

To include the case materials, the bailiff may decide to have the person present an autobiography for the purpose of his subsequent employment at his previous place of work (according to the adopted resolution).

Algorithm for submitting an application

The petition is always submitted in two copies. One of them is marked with the date and incoming number. Within three days after the application is accepted, a bailiff responsible for office work will be appointed. After three days, he must begin enforcement proceedings, having previously drawn up a resolution. A copy of this document is provided to the following persons:

1. To the applicant.
2. Judicial institution.
3. To the debtor. After receiving the decision, he has five days to voluntarily pay the debt.

Sometimes the bailiff does not begin the procedure for collecting funds on time. In this case, you can file a complaint against him to higher management.

Expert opinion

Yurchenko Ekaterina Vasilievna

Deputy Chairman of the Committee for Debt Dispute Resolution and Crisis Management

If the claimant cannot independently come to the bailiff service office, then the application can be sent by registered mail with notification. It is extremely important to notify the service of a change of residence.

Application to the bailiff: order of the filing process and execution process

Submission of a written sample application to bailiffs under a writ of execution is carried out in two printed copies (not in writing), on one of which the organization’s stamp with the date and registration number is placed. According to Federal Law No. 229-FZ “On Enforcement Proceedings”, a bailiff will be appointed within three days.

If it is impossible to visit the FSSP in person, it is possible to send documents by registered mail. To confirm the fact of its receipt by the bailiffs, you should keep the return notification of delivery. When changing your place of residence, you must send a request to the SSP.

After submitting the documentation to the FSSP department, a bailiff for office work is appointed within 3 days. He prepares 3 copies of the resolution, which are sent to the plaintiff, defendant and the judicial authority.

After this, the defendant is given 5 days to voluntarily fulfill his obligations. If this does not happen, then bailiffs begin the procedure to seize the debtor’s accounts and cards and take an inventory of his property.

If more than 3 days have passed since the document was submitted, and enforcement proceedings have not yet begun, then the applicant should contact the senior bailiff with a complaint about the inaction of the subordinate.

It is important to know! The plaintiff has 3 years to initiate proceedings under the IL. The exception is alimony payments. In this case, the enforcement documentation can be submitted to the FSSP department before the child reaches adulthood and 3 years after, in order to collect the debt.

The information that must be contained in the application form for opening enforcement proceedings for debt repayment is regulated by the Federal Law of the Russian Federation “On Enforcement Proceedings”. Its correct preparation can significantly speed up the process of searching for and collecting money from the debtor.

A sample application to bailiffs for a writ of execution must be written on a standard A4 sheet and contain:

• a header with the name of the FSSP department, full name, address and contact information of the applicant and debtor;
• the body of the application with a request to accept the court decision for record keeping. You will need to indicate its details, the amount of funds that must be collected from the debtor, detailing the amount of the debt itself and the accrued penalties;
• the most detailed information about the debtor that is known to the applicant: telephone numbers used, addresses on social networks, bank accounts, address of residence, stay, etc.;
• list of documentation attached to the application: IL, its copy, copy of the claimant’s civil passport and other documents related to the case;
• Next, it is necessary to reflect the applicant’s demand to collect a debt in a certain amount from the defendant, indicating the account details where the funds must be transferred.

Attention! In the text of the document, the collector can display a request to apply restrictions against the debtor that prohibit leaving the country, seize accounts and property, and imply the suspension of a driver’s license.

If the petition is drawn up to withhold alimony payments for the maintenance of minors, then information about them (full name, date of birth) will be required in the text of the document.

An application for sending a writ of execution to bailiffs can be drawn up according to the sample below.

Application form for opening proceedings for debt collection

To support minor children, a parent has the right to demand monetary payments from the other party from the salary in court. Further, after receiving the IL, the alimony recipient can submit the documentation to the FSSP department to ensure payments. The bailiffs will open proceedings to collect child support and will monitor the order of its transfer. To begin paperwork, you need to write an application using the following sample.

Form for collecting alimony payments

In most situations, the necessary documentation is sent to the employer of the alimony provider to remove the debt from the salary after it has been accrued. If the debtor believes that the required amounts exceed the needs of the children, then he can appeal the court's decision.

Another possibility of reducing the allowance for children is to send a corresponding request to the bailiffs. But if the alimony recipient takes the initiative to reduce payments, then he will be required to provide a written explanation of this action outlining the degree of participation of the alimony recipient in raising the children.

We invite you to read: Calculation of alimony for three years

If the alimony payer has accumulated a debt, then to calculate it, the following sample petition should be submitted to the bailiff service.

Application form for collection of alimony debt

In the case where a court decision was made in favor of one individual to collect a debt from another individual, a request to begin paperwork according to the following sample must be submitted to the FSSP.

Sample petition from an individual.

Waiver

There are situations when the claimant needs to revoke the document on initiating the enforcement process. For example, when a mother, who is raising and maintaining a minor, agreed with her ex-husband and the child’s father regarding financial support on a voluntary basis. The law allows this to be done at any stage of the process.

To cancel a penalty, you will need to prepare an application. The principle of its preparation is similar to a request to open enforcement proceedings. After submitting the application you will receive:

• stopping production on IL;
• lifting restrictions imposed by bailiffs: seizure of property, suspension of driver’s licenses, etc.;
• the paid state duty will not be returned, since it is paid for the initiation of enforcement proceedings, which was carried out earlier.

Attention! Bailiffs never restrict the claimant's right to revoke the IL. Upon appropriate request, all enforcement documentation will be returned to the claimant.

Legislators have identified the following reasons for terminating office work:

• death of the payer;
• lack of funds and property to pay off debt;
• lack of opportunity to find the debtor.

If the applicant is dissatisfied with the actions of the bailiff due to his inaction, adoption of illegal, unreasonable methods, then it is possible to file a complaint with higher authorities in the department. A sample of it can be found below.

Complaint against the bailiff

This complaint will be the basis for control measures by higher-ranking officials. Based on the results of the inspection, the bailiff will be replaced, starting from the simple removal of the previous one until his dismissal from service (depending on the severity of his actions).

If enforcement proceedings do not begin

Often, after submitting an application and all the documentation, a citizen can wait a very long time for the result. If the process has taken a long time, then you have the authority to request explanations from service employees regarding your paperwork. If there are no explanations or you are not satisfied with them, you can send a complaint against the bailiff about his inaction to higher management. You can do this in two ways:

• Directly contact the bailiff service department and ask management to remove the employee from your case.
• Submit a claim to the court against the entire service department.

In the first option, you simply need to contact the service department, verbally or in writing stating your problem. Usually after this the conflict is resolved. But if you are not understood here, then you can go to the defense authorities (court).

Claiming alimony

With the help of the defense authorities, the claimant has the authority to demand from the defendant alimony for the maintenance of common minor children from the official income of the second. If the declared amounts seem too high to the defendant, he has the right to file a petition and challenge the claims.

The claimant himself can reduce the interest on alimony by sending a request to the FSPP. In this case, he must justify the reason for making the request and indicate how closely the respondent communicates with his children.

Expert opinion

Yurchenko Ekaterina Vasilievna

Deputy Chairman of the Committee for Debt Dispute Resolution and Crisis Management

At the same time, you can send an application to the head of the bailiff service to collect the debt, seize the debtor’s property, etc. The requirements must be fulfilled after the entire package of documents has been submitted.

Application consideration period

After the application with a package of documents has been registered in the office of the bailiff service, the executor is appointed in the next 3 days. At the same time, in the near future, all parties to the conflict must be properly notified of the approval or refusal to accept documents. The enforcement process must begin no later than 2 months.

In accordance with Article 64.1 of the Federal Law “On Enforcement Proceedings,” FSSP employees review documents within 30 days from the date of receipt of the application, and they also make a decision to reject or satisfy the requirements. Sometimes the consideration period is extended, but not by more than a month, notifying the applicant about this.

Attention! If the FSSP employee does not have the authority to work with the received application, he is obliged to send this application to the authorized bailiff 7 days in advance, while notifying the applicant of the changes that have occurred.

The bailiff may reject the application for the following reasons:

• the same appeal from one individual was received several times in the same state. authority, despite previously issued responses;
• the document does not contain information about the applicant and there is no postal address;
• the application contained profanity and various threats;
• documents are damaged and cannot be read.

When the application is accepted for processing, the bailiff issues a resolution, which prescribes all the actions already taken to collect the debt and the upcoming ones. A copy of this document or a decision to reject is sent to the claimant and to the court the next day after its issuance.

How to withdraw an application?

There are times when a creditor changes his mind and wants to withdraw the debt collection application. There are reasons for this. Then it is also necessary to draw up a petition here. It can be issued at any stage of the trial. Consequences of refusing the submitted demands:

• Completion of enforcement proceedings in the case.
• Removing restrictions from the defaulter: lifting the ban on leaving the country and seizing property.

If you decide to waive the requirements, you must submit a petition to the FSPP.

You can request a sample application

Enforcement proceedings are terminated in the following situations:

• Death of the defaulter.
• The debtor has no property to recover.
• There is no way to find the debtor.