Collection under a writ of execution through bailiffs. Collection of debt under a writ of execution from a legal entity

18.05.2024

Every person who has debt (to a financial institution or utility company) must understand the possibilities of retaining the debt. Bailiffs are vested by the legislation of the Russian Federation with the right to write off money from the account of a person who is evading payment of his debt. But there are often cases when the fact of write-off comes as a complete surprise to the person with the debt. This fact confuses a person and raises serious doubts about the fairness of such a measure. Unfortunately, collection of funds for enforcement proceedings from a Sberbank card is not such a rarity in our time.

This procedure is based on Federal Law No. 229, which states that the withholding of money from the debtor’s plastic card is carried out on the basis of a writ of execution. The bank should in no way coordinate the transaction with the defaulter himself. Bailiffs directly contact the bank to claim funds.

The penalty itself is imposed on the debtor by the court. Current legislation requires bailiffs to notify the defaulter about the commencement of the procedure for withholding money - the measures are mainly of an informational nature. If the debtor does not live at the registration address, there is no other way to notify him about this. This is not a reason to stop debt collection efforts. As a rule, the writ of execution is sent directly to the banking institution where the citizen’s savings are located.

What is money written off for?

Money is written off from a citizen’s personal account at the request of bailiffs in the following cases:

unpaid fines for traffic violations;
for payment of alimony;
debt to the organization from which the loan was taken;
debt for which there is a writ of execution.

From this we can draw a simple conclusion that no one will arbitrarily write off your funds without a court decision. If you ignore legal requirements from lenders, the write-off is carried out without you.

Important. There are a number of nuances that regulate the process of collecting money from a personal account. If the conditions are violated by the bailiffs, you have the right to appeal the withholding of money in court.

The following grounds for appeal are:

Bailiffs have the right to withhold funds from only one of the existing accounts. The remaining accounts are frozen.
Money is written off until the debt is repaid in full.
Bailiffs write off only 50% of the debtor's income. Regarding alimony, the share can increase to 70% of the income received by the citizen with obligations. Bailiffs do not have access to information from which cards they have the right to withhold money and from which they do not (in the case of social payments). Please provide the information to the relevant FSSP employees yourself. Until you do this, bailiffs will write off the debt, regardless of the origin of the payment.
Under no circumstances is money transferred to people in the form of benefits withheld.

Who writes off the money

Make sure that the money is being withheld by employees of the Federal Bailiff Service, and not by scammers. To do this, take the following steps:

Contact the nearest branch of Sberbank of Russia or call the Call Center. There, make a request about the transactions that were performed in relation to your personal accounts.
In the document you receive, study the information about the date and time of the transfers, the details of the organizations in respect of which the write-off was made. You can also find out the details of the executive documents on the basis of which the write-offs were made.
Having the resolution numbers in hand, you will have the opportunity to find out who exactly wrote off your money.

When you receive all the information on withholding money, go to the branch of the Federal Bailiff Service at your place of residence. You have the right to request documents on the basis of which the case was carried out. If there is no information on the basis of which your money was withheld, write a complaint addressed to the head of this department of the FSSP. In your complaint, ask him to understand the current situation and, if possible, give an explanation on the basis of which your personal savings were withheld.

You can also get information about retention by visiting the official website of the service. There is a corresponding section in which data on all enforcement proceedings is stored. The text of the decision itself cannot be seen there, since it is closed. But there you will find out in which territorial body the case is located. After visiting the branch, you will have all the information regarding the debiting of funds by the FSSP from your Sberbank card.

Wrote off by mistake

The bailiffs took money from the Sberbank card, but you know that you paid the fine - don’t panic! Unfortunately, the excessive bureaucratization of our society leads to such cases when you have already paid a fine or deposited the necessary amount to repay the debt, but you discover that the amount has been written off again without your knowledge. In this case, write a complaint to the branch of Sberbank of Russia addressed to the head of the relevant department. In this complaint, indicate the details of the transfer you want to challenge.

Important. If the debit was made by mistake, the funds will be returned in full.

If the bailiffs erroneously made the accrual, the procedure will become noticeably more complicated.

Having all the decision numbers and other information in hand, they write a letter addressed to the FSSP, in which they talk about the illegal debiting of money from the account.

Important. Sberbank processes judicial and enforcement proceedings with great care. Often, the bank makes additional requests to clarify the legality of withholding funds if the organization’s lawyers have doubts about the legality of this.

The complaint will be investigated. Based on its results, you will be given a certificate that there is no debt. Take this certificate to a branch of Sberbank of Russia. They also require a refund procedure. In addition, bailiffs are required to provide a notice indicating the erroneous nature of sending the writ of execution. This notification is transmitted to employees of the banking institution.

But not only the Federal Bailiff Service has the right to withhold funds. This right is vested in the Federal Tax Service, the Federal Customs Service, as well as courts of general jurisdiction.

Based on this, you should first of all clarify who is the initiator of the withholding of funds. Perhaps this is the work of scammers.

Keep an eye on personal accounts, because writing off money without notifications takes place legally. Current legislation allows you to challenge a fraudulent debit of money from your account within 24 hours. If you do not comply with these conditions, it will be very difficult to return your own funds.

Do not abuse late payment of debts. Bailiffs have several options to forcibly recover the missing amount. In addition to withholding money from a personal account, this is also the seizure of property, its confiscation for the purpose of further sale. Bailiffs carefully monitor debt payments and, if necessary, can take extreme measures. Voluntary repayment of debts will save you from the problem of finding out why the money was withheld from the Sberbank card.

Enforcement proceedings are initiated on the basis of a writ of execution, which is issued after the court decision enters into legal force. The procedure for collecting debt by court decision is strictly regulated by law. In fact, it is the most lengthy and practically complex part of civil proceedings. As part of his work, the bailiff is vested with a number of powers, which he can use in a certain sequence.

Stages of debt collection by bailiffs

Debt collection by court decision consists of several stages:

Initiation of enforcement proceedings.

Within 6 days after the writ of execution is received by the FSSP unit, the bailiff issues a decision to initiate enforcement proceedings. It indicates the name of the civil case, the names of the parties involved, the amount of the debt and the period within which it must be returned to the collector. By law, this period is 5 days. Copies of the resolution are sent to all parties to enforcement proceedings. If the debtor has not taken any action within the allotted time, the bailiff initiates a forced collection procedure.

Discovering sources of income and assets.

For this purpose, the executor sends requests to all authorities that are in one way or another related to the ownership rights of subjects to movable and immovable property:

banks - when information about the availability of existing accounts is required;
Unified State Register - its response will confirm the debtor’s ownership of real estate, participation in the founders of a legal entity, etc.;
Pension Fund of the Russian Federation - will provide information about the availability of pension contributions and the debtor’s place of work;
The traffic police will provide information about the availability of vehicles;
Cadastral Chamber, etc.

To clarify the circumstances, the bailiff has the right to visit any residential and non-residential premises and become familiar with any objects allegedly belonging to the debtor. He can also interview the debtor’s neighbors, relatives and colleagues in order to find out whether the debtor has any property.

Seizure of property and travel ban

At this stage, the bailiff is obliged to seize all permitted property that he discovered earlier. Bank accounts, real estate, shares in the authorized capital, etc. are subject to seizure. This performance action is aimed at ensuring the safety of property. The arrest does not deprive the debtor of the opportunity to use the car or housing for its intended purpose, but limits the right to sell or otherwise alienate.

At the same time, the bailiff approves a ban on leaving the Russian Federation for the debtor. This measure is applied in cases where the amount of the awarded debt is more than 10 thousand rubles.

Direct collection.

This is done in several ways:

debiting money from bank accounts;
withdrawal of cash from cash registers of organizations;
foreclosure on the debtor's income;
forced sale of property with subsequent transfer of proceeds to the claimant.

Objects put up for auction are subject to mandatory assessment. It is carried out by a certified appraiser at the initiative of the bailiff. An independent assessment carried out by a bailiff without the participation of a specialist is illegal and can be appealed. The bailiff carries out all activities related to the sale of property on his own. If the debt does not exceed the limit of 30 thousand rubles, the defendant, if desired, has the right to sell the property himself for this amount.

Executive fee.

The enforcement fee is 7% of the debt amount. It is collected after full repayment of all obligations of the debtor to the claimant. The funds received go to the federal budget.

End of production.

After the debtor has paid the collector everything that the court has awarded, the bailiff issues a decree to complete the enforcement proceedings. Such a decision is also made in cases where the debtor does not have the means to fulfill the obligation or to fulfill it in full.

Possible difficulties in debt collection

It can be considered that the difficulties of enforcement proceedings begin from the moment of its initiation. First of all, this is a practical search for the debtor. It is associated with the production of events to which the bailiff does not have the right. These include:

document verification;
bringing the debtor;
detention;
some operational-search activities.

The status of a bailiff does not allow him to carry out these actions in a timely and quick manner. Many will say that this is why there is an interrogating officer. Yes, he has the right to carry out operational investigative activities, but there are only a few such staff positions in the FSSP unit, especially in small towns - 1-2, while hundreds of debtors are being sought.

The second common difficulty is locating the property that belongs to him. Many debtors take all possible measures to remove their property from the attention of bailiffs. Most often, fictitious alienation transactions are concluded for this purpose. For example, in favor of their close relatives. The debtor in fact remains the owner of the house or car, but according to the documents, “you can’t find fault.” The bailiff must prove the fictitiousness of such a transaction, and in this case he is obliged to carry out lengthy and complex work.

He must initiate a civil lawsuit, find evidence, and most importantly, he must initially be sure that the purchase and sale is fictitious. Practical proof of this circumstance is one of the biggest difficulties of the process. In fact, it is almost impossible to establish the reality or fictitiousness of an agreement concluded “according to the letter of the law.” After all, the transaction has been certified by a notary and registered with the justice authorities, and the money has been transferred (this is what the seller and buyer will argue in court), they will certainly provide the court with a receipt or invoice as proof.

How to collect a debt if the debtor has no property

The answer to this question can be attached to the previous section, since this is another difficulty faced by the parties to enforcement proceedings. Although this difficulty is only for the creditor himself, who in the end will be left with nothing. The actions of the bailiff in this case are quite clear. If the debtor does not have an objective opportunity to pay the debt, enforcement proceedings are terminated, and the bailiff issues a corresponding resolution.

However, if the claimant later discovers that the debtor has money or property, he can send the bailiff an application with a request to resume proceedings.

Debt collection from the debtor - physical. Persons

Debt collection from individuals occurs according to a generally established scheme. The bailiff performs the actions that we described in the previous sections. The bailiff initiates enforcement proceedings, seizes the debtor's wages and property, and, if necessary, sells it at auction. However, the status of the debtor introduces some peculiarities into the standard procedure.

Debt collection from individuals: features of enforcement proceedings

The features of this type of enforcement proceedings include:

the possibility of malicious evasion - unlike an enterprise, it is easier for an individual to evade fulfillment of an obligation. A person can change his address, not sign for mail notifications, or not answer phone calls. In addition, it is easier for an individual to alienate his property. To do this, it is enough to find a buyer, give him the item and collect the money. Such a transaction does not leave any “traces”, unlike transactions made by legal entities;
the possibility of bringing to criminal liability - punishment for failure to comply with a judicial act is provided for in Art. 315 of the Criminal Code of the Russian Federation. According to the comments to this article, only an individual over 16 years of age can be the subject of this act.

Otherwise, the course of enforcement proceedings initiated against individuals is no different from proceedings to collect debt from legal entities.

Collection from a debtor - legal entity

Debt collection from a legal entity begins with the bailiff identifying all the property on its balance sheet and identifying the presence of funds in bank accounts. For this purpose, he sends requests to the Tax Service, to all second-tier banks located in the Russian Federation, to the traffic police and Rossreestr. The bailiff also ascertains the existence of dependent enterprises, since they may use property belonging to the debtor company.

The bailiff immediately seizes the existing accounts and property of the company, then makes an inventory of it. By agreement with the bailiff, the company management can independently describe things and equipment within the amount of the debt. Then the items to be sold are assessed. Seizure of bank accounts involves the direct debiting of funds received on them and their transfer to the recoverer. If the accounts are “empty” for a long period of time, the bailiff makes a decision to sell the property.

Sometimes at this stage the debtor fulfills the debt obligation, then all enforcement actions are canceled and enforcement proceedings end. If this does not happen, the bailiff puts the seized objects up for auction. The proceeds from the sale, within the amount of the obligation, are transferred to the claimant. The rest of the money is returned to the debtor.

If, during enforcement proceedings, a bankruptcy procedure is initiated against a legal entity, the bailiff is obliged to suspend execution and lift the arrests from the accounts and property of the debtor. When the bankruptcy procedure enters the bankruptcy management stage, enforcement proceedings are terminated.

Some enterprises with large debts make attempts to hide current profits during litigation and enforcement proceedings. To do this, bank accounts are “reset” if they have not yet been seized, and new accounts are opened for shell companies. Also, when concluding small transactions, debtor companies use cash payments. Finding out the presence of fake accounts is very difficult, and sometimes impossible. Therefore, in order to find out about the presence of profit, the bailiff will only be able to study the financial and economic documentation. This is a long and labor-intensive work, especially if the debtor is a large enterprise.

How bailiffs collect debts

The debt collection process is regulated by Federal Law No. 229-FZ. It consists of a series of procedural actions aimed at executing a court decision and restoring the violated rights of the claimant. The primary task of the bailiff is to obtain “real” money from the debtor in order to transfer it to the collector.

If this can be done within a reasonable time, enforcement proceedings are terminated in connection with the fulfillment of the obligation. However, in practice this rarely happens. The bailiff has to resort to various enforcement measures - from seizing accounts and wages to foreclosure on movable property.

This procedure is used when the debtor has no other opportunity to repay the debt.

Foreclosure of movable property

Foreclosure of the debtor's movable property is carried out with the written consent of the creditor. It involves not only the sale of objects, but also their direct transfer as debt.

There is property that is not subject to seizure:

the only home of the debtor and his family, as well as the land plot on which the home is located;
personal belongings - clothes, shoes, hygiene items;
necessary furniture and household equipment, without which normal human existence is impossible;
things and equipment with the help of which the debtor carries out his professional activities;
pets, livestock, bees, as well as feed for their maintenance, provided that they are not objects of commercial activity;
children's things - clothes, textbooks, toys, etc.

Before foreclosure of movable property, the bailiff issues a ruling, then he goes to the debtor’s place of residence and begins to inventory the seized items. After its preparation, the objects are removed from the debtor’s home to a place determined by the bailiff.

What to do if the debtor is in prison

First of all, the bailiff checks whether the prisoner has the right of ownership of any property, including funds in his accounts. If the debtor has money and property, the executor seizes them. After which the standard collection procedure begins with an inventory, assessment, putting up for auction, etc. The bailiff is obliged to notify the debtor about the events taking place. To do this, he or the claimant sends a notice to him with copies of all decisions and the writ of execution.

If the debtor does not have any property at large, the bailiff gives the colony management a writ of execution demanding deductions from the prisoner’s wages. This event makes sense if the colony provides prisoners with work. Otherwise, the proceedings are terminated due to the impossibility of executing the judicial act.

Is it possible to collect a debt from the debtor's relatives?

The answer to this question is negative. Third parties, including relatives, are not liable for the debtor’s obligations. The exception is situations when spouses or parents act as guarantors under bank loan agreements. Only under this condition can the bailiff make claims against them.

Minor debtor

Minor children have limited legal capacity. Until a certain age, they do not have the right to participate in civil legal relations - to enter into transactions, receive money from third parties, etc. This means that the child cannot incur independent financial debt.

The only case when a minor becomes a debtor is the transfer of an obligation by inheritance. However, even under such conditions, the obligation must be repaid by his parents or persons replacing them.

Debtor pensioner

In essence, debtors receiving pensions are no different from other categories of debtors. Since an old age or disability pension is included in the list of income that can be levied. The law prohibits withholding funds only from those pensions that are paid to citizens in connection with the loss of a breadwinner and caring for incapacitated dependents.

As in other cases, the bailiff sends a writ of execution to the local PFR unit and seizes the pensioner’s account. By law, the amount of deduction cannot exceed half of the accrued benefit. The Pension Fund will carry out the order of the executor until the obligation is fully repaid.

How to collect a debt if the debtor has died

In the event of the death of the debtor, the heirs are responsible for his obligations. To do this, they must officially enter into inheritance rights. After this happens, the bailiff issues a resolution to replace the debtor and makes demands on the heirs.

If the deceased does not have legal successors, but has property that belonged to him by right of ownership, the obligations are satisfied from the specified property. If such property is not identified, the bailiff makes a decision to terminate enforcement proceedings.

How long can bailiffs collect a debt?

According to the law, the total duration of enforcement proceedings is 60 days. However, in fact, this period depends on the circumstances of the particular case and the solvency of the debtor. Collection may occur over several years. This happens when the debtor does not refuse the obligation, but repays it in extremely small shares.

How to speed up the process

There are several ways a lender can expedite collection:

control of the deadline, because often the application to initiate enforcement proceedings is considered by the bailiff for longer than the required 3 days;
assistance in identifying sources of income and property of the debtor;
independent search for his place of residence or address.

In addition, the collector has the right to demand the seizure of accounts and property if the bailiff for some reason does not do this.

Debt reset

To put it simply, the debt collector himself can cancel the debt, and he must notify the bailiff about it. After receiving such a statement, he closes the enforcement proceedings. Subsequently, the creditor will no longer be able to demand its renewal, since voluntary write-off of the debt is irreversible.

There is an opinion that a debt is reset if it is considered hopeless, i.e. non-refundable due to the debtor's lack of financial resources. This opinion is wrong. Bad debts are not written off; they are, as it were, preserved until the moment when the debtor becomes solvent again.

If the bailiff cannot collect the debt

The impossibility of debt collection can be caused by two circumstances:

the debtor lacks property and money;
the inaction of the bailiff himself.

In the first case, the claimant will not be able to influence the situation. As for the actions (inaction) of an official, the claimant has the right to complain about him. A complaint can be submitted to the higher management of the FSSP, to the prosecutor's office, or to the court. It is compiled in free form, according to the general rules of official document flow. The main thing is that the essence of the matter is stated clearly and concisely.

Two identical complaints can be made to the management of the FSSP and to the prosecutor’s office. The only way they will differ is the name of the recipient in the “header”. In accordance with the jurisdiction, the appeal is considered within 10 days; for the prosecutor’s office, this period is 1 month.

The filing to the court has the form of an administrative claim. It is drawn up and filed taking into account the rules of civil procedure. Such a claim is considered in a court hearing, to which all interested parties are summoned:

claimant - plaintiff;
bailiff - defendant;
debtor - a person who does not make independent claims (can be brought in at the initiative of the plaintiff).

A decision on an administrative claim is made by the court no later than 2 months after it was accepted for proceedings.

What actions do bailiffs have the right to perform during enforcement proceedings?

The list of enforcement actions is established in Art. 64 FZ-229. It includes:

calling the debtor and the collector to give explanations on the case;
sending requests to any public and private organizations in order to obtain information necessary for the execution of a court decision;
checking the financial and economic documents of the debtor;
instructions to individuals and legal entities to perform certain procedurally significant actions with the opportunity to insist on their execution;
without the consent of the debtor, but with the written permission of the manager, enter any premises actually or supposedly belonging to the debtor;
seize his funds and property;
establish a travel ban;
put property up for auction and sell it;
organize a search for the debtor, etc.

This list is given in abbreviated form. In total, the bailiff is authorized to perform 17 enforcement actions.

The bailiff collected more than was required. What to do

First of all, the debtor turns to the official with a written demand to return all overpayments. If the bailiff's reaction is positive, nothing more needs to be done. You just need to provide the account details to which the required funds will be transferred.

If there is no response to the application, the debtor has the right to do one of the following:

file an administrative claim demanding that the actions of the bailiff in collecting the excess amount be canceled or declared illegal;
file a claim in a court of general jurisdiction and demand the return of overpaid funds through a lawsuit.

In both cases, copies of the following are attached to the complaint:

receipts for payment of state duty (the claim in question is of a property nature and is therefore subject to state duty);
the contested decision;
bank account statements or other documents confirming the debiting of funds;
writ of execution.

The debtor can challenge an illegal collection within 10 days from the moment he became aware of the commission of this violation. Otherwise, no court will consider such a complaint.

Sometimes in business activities there are unscrupulous counterparties who are difficult to force to repay the debt even through the courts.

In itself, going to court already symbolizes the debtor’s reluctance to pay creditors, and the refusal to repay the debt may not necessarily be caused by malicious intent. An LLC may indeed not have enough funds to repay debts, but it is also possible that there are cases of scammers operating in the market who, having taken a large sum, do not plan to repay it, citing various excuses.

What to do in these situations?

You need to try to reach an agreement with the debtor without going to court.
If this does not help, contact the Arbitration Court.
If you win the case, wait until the decision comes into force and take a writ of execution. Using this document, you can influence the debtor yourself or through bailiffs.

Securing a claim - as assistance in debt collection

Securing a claim is the adoption by the court of certain measures that are aimed at executing the judge’s decision.

The following can be interim measures (Article 91 of the Arbitration Procedure Code of the Russian Federation):

seizure of LLC accounts and property;
prohibition on the debtor company to perform certain actions in relation to the disputed object;
imposing on the LLC the obligation to take actions aimed at preventing loss or damage to the disputed object;
transfer of the disputed object for storage to the applicant or third parties;
suspension of the sale of seized property;
other measures permitted by law.

Purposes of securing a claim:

Debt collection guarantee.
Active influence on the LLC - it is assumed that after the measures taken, the defendant will make contact and begin to pay the debt.
Minimizing the risk of loss of disputed property.

In order for a judge to consider the issue of securing a claim, it is necessary file a claim together with a request to secure the claim or simply send an application for security at any stage of the proceedings. The application is considered immediately or the next day and can be submitted at any time during the consideration of the case, as well as before the court makes a decision.

Conditions under which the judge agrees to choose a security measure (one of them must be present):

failure to take this measure will make it difficult or impossible to repay the debt;
failure to take action will prejudice the plaintiff.

When choosing a measure of security, the judge is guided by the following rules:

The chosen measure corresponds to the size of the creditor's claims.
The interim measure is related to the execution of the decision.
The interests of third parties and parties are not infringed.

The judge's decision to apply the chosen measure is subject to immediate execution. To do this, the judge issues a writ of execution, which is immediately sent to the bailiff service.

Methods for collecting debt from a legal entity

Even if interim measures were not taken, if you have a writ of execution in your hands, you can influence the debtor in the following ways.

The presence of a writ of execution allows collect a debt from a legal entity both a common method of transferring it for execution to the FSSP, and some other, less popular options.

Presentation of the sheet to the current account

In accordance with Part 8 of Art. 69 of Law No. 229-FZ “On Enforcement Proceedings”, you, as a claimant, have the right to contact the tax authority and request information about the financial condition of your debtor. Information is provided upon presentation of a writ of execution.

The Federal Tax Service can tell you how much money is in the debtor’s accounts, the numbers of these accounts and the data where they are located.

According to Part 6 of Art. 70 of Law No. 229-FZ, you independently have the right to contact the bank and demand foreclosure on the funds stored in the current account of the debtor company. This is the easiest and fastest way collect a debt under a writ of execution from the debtor.

Foreclosure of property

Foreclosing on property is more difficult, as you will need to seek help from the court or a bailiff.

The procedure consists of two stages:

Seizure of property or arrest. Carried out on the basis of a bailiff’s order, a court decision or a notary’s writ of execution. The procedure is carried out by a representative of the FSSP. The debtor himself can indicate the property that will be seized or seized within the limits of the amount of the debt. The purpose of this stage is to limit the right to dispose of property.
Implementation. The sale of property is carried out in order to pay off debts from the proceeds. Sales are carried out through auctions. Inexpensive property (up to 30,000 rubles) is allowed to be sold to the debtor independently.

Bringing founders to subsidiary liability

If the LLC does not have the funds to pay off the debt, which is why the process of declaring the company bankrupt has begun, it is allowed to hold the founders or controlling persons of the debtor liable (Chapter III.2 of Law No. 127-FZ).

The grounds for bringing the perpetrators to justice may be:

damage caused to creditors by the actions of the founders or management of the debtor;
failure to file an insolvency application within the prescribed period;
violation of business activities, which resulted in the insolvency of the LLC;
concealment or distortion of data when entering information about bankruptcy into the state register;
inaction of management resulting in bankruptcy.

The consideration of the creditor's application to hold the management of the LLC or the founders liable takes place in the court where the bankruptcy case is being heard.

Foreclosure of a share in the authorized capital

If the debtor has no other property, the creditor has the right to foreclose on the participant’s share in the authorized capital of the LLC.

Typically foreclosure is carried out on the basis of a court decision. But there is an exception - if the collection clause is included in the pledge agreement, there is no need to go to court.

IMPORTANT: In this case, the nominal value of the share in the capital of the LLC is not taken into account. If the founder owns a share in the authorized capital, say, in the amount of 5,000 rubles, and the company has multimillion-dollar assets and property, then an assessment of the market value of the share will be required.

Bankruptcy – creditor's application

If the company owes you more than three hundred thousand, you can independently initiate bankruptcy proceedings against the debtor. 15 days before applying to the Arbitration Court, you must publish a notice of your intention in the EFRSDYUL - a register of information on the activities of legal entities, which reflects information about all bankruptcy claims brought against the company.

Next, submit an application to the Arbitration Court to declare the unscrupulous counterparty bankrupt. Be prepared for the fact that the process may take a long time, and in some cases it may not be possible to repay the debt at all.

IMPORTANT: In case of bankruptcy, it is possible to draw the attention of the court and the financial manager to the property withdrawn by the debtor, transactions for the sale or other transfer of which can be challenged by returning the property or its value.

Legal assistance

A qualified lawyer will help you analyze the current situation with non-repayment of debt and give recommendations on further steps. With us you can effectively collect debt from LLC both in court and already having a writ of execution in hand.

When the litigation is behind us, the decision and writ of execution against the debtor have been received, the immediate collection process begins. The resulting writ of execution is sent to the bailiff service. The law gives its specialists three days to open an executive one. In practice, this may take longer.

Features of a writ of execution as a legal document

Difficulties in understanding the essence and fundamentals of a writ of execution often arise among creditors themselves. So, if for the debtor it is a document defining the amount of his debt and the need to repay it, then the creditor perceives it as the basis for claiming funds and fulfilling obligations. Meanwhile, this document has a number of restrictions and legal nuances regarding the procedure and deadline for execution. Let us consider the features of this document in more detail.

To begin with, it is important for both disputing parties to understand that a writ of execution is a coercive measure. And if the debtor counts on loyalty from the executive body, then there can be no question of it.

At the same time, the writ of execution does not give unlimited powers to the creditor. In practice, especially when it comes to writs of execution against private citizens, in which the collector is a financial institution, its representatives, appearing simultaneously with the bailiffs, try to claim the debt in the form of a one-time payment. Meanwhile, this is not provided for by law. This option involves an executive document received as part of a court order, which the debtor did not protest within 10 days from the date of receipt.

As part of standard legal proceedings, the writ of execution may allow for the gradual repayment of the debt. The court most often does not stipulate the amount of the monthly payment.

Another mistake that creditors make is delaying the submission of the writ of execution to the bailiffs. So, after receiving it in your hands, it should be handed over to the bailiffs within 10 days. And the period of recovery according to the writ of execution is only three years, and in relation to violations of an administrative nature – a year.

The collecting party, of course, has the right to restore this period, but this requires significant arguments and justifications that the court can take into account. But even in this case, the period for re-submitting the application is 3 months, from the day on which the executive document lost its meaning and force.

Thus, debt collection under a writ of execution is a rather lengthy procedure.

Can they refuse to accept this document for production?

In this matter, the legislator gives a clear list of reasons or grounds for refusing to accept the executive document. They consist of the following points:

If the plaintiff or debtor has passed away;
Refuse to make a decision on the return of money without the presence of a corresponding application;
If the documents are not submitted at the place where the debtor committed the actions;
If the document has expired and has not been restored;
If the form and execution of the writ of execution is not followed;
If proceedings are already underway under this executive document or were underway, and it was closed for certain reasons.

The writ of execution must be submitted to the bailiffs within 10 days.

How do bailiffs work?

The sheets issued by the court are considered exclusively at the place where the debtor committed unlawful actions or the place of his residence, the location of his property. When collecting a debt from an organization or enterprise, the document is submitted to the FSSP department according to the legal address of the debtor. Only the original is attached to the application. On the recovery of debts from legal entities.

The bailiff's work procedure is as follows:

Within a three-day period, enforcement proceedings are opened based on the submitted application;
During a two-month period, the necessary executive actions are carried out.

Execution actions do not always guarantee quick fulfillment of obligations and return of funds. The creditor should provide the executor with as much information as possible about the debtor, his location, work, property and other data.

Debtor's bank accounts

The compulsory nature of the writ of execution allows the executor in this proceeding to first of all foreclose on the debtor’s monetary capital. In particular, it conducts an audit of bank accounts, subsequently sending a resolution to the banking institution to seize the accounts. But there are also a number of limitations at this point.

Accounts that receive social benefits and wages, which are the only source of livelihood, are not subject to seizure.

If there are no bank assets, the bailiff receives the necessary information from the tax authorities.

The absence of bank accounts makes it possible to foreclose on the debtor's property. Here the legislator also limits the actions of the performer. The only housing, household items necessary for life support, cash up to 25 thousand, food, and in general property worth up to 30 thousand are not subject to seizure, unless the debtor voluntarily transfers it to pay off the debt.

It should be noted that according to the writ of execution, the debtor can make payment by monthly depositing funds into the account if we are talking about debts such as loans, alimony, or damage to someone else’s property.

Debt collection and property seizure

Seizure of property and bank accounts is also carried out only after the debtor has not fulfilled his obligations at all within a three-month period, or has refused to pay the debt. There is also a fact of malicious evasion or attempt to conceal property and funds.

Thus, despite the compulsory nature of the writ of execution, the legislator defines a clear list of measures that the FSSP employee must resort to when working to ensure the collection of funds.

Explaining the situation more primitively, it should be noted that the creditor’s opinion that as soon as he receives the enforcement documents, the bailiff will send documents to seize accounts, as well as an inventory of property, is fundamentally wrong. The law obliges the bailiff to notify the debtor of the opening of enforcement proceedings against him and to present a writ of execution. If the debtor has not previously received it for some reason, conduct a conversation, after which the debtor may fulfill his obligations without taking extreme measures.

The absence of bank accounts makes it possible to foreclose on the debtor's property.

Exceptional cases of opening production

Writs of execution for fines paid to the state and state duties;
On wages and compensation for wrongful dismissals;
For alimony, if the sheets were not received by the parties.

Self-recovery of debts

The legislator also provides for this option for resolving the issue of debt repayment, while also defining the collection procedure and the amount of debt allowed for this.

Thus, the presence of a sheet for execution gives the creditor the opportunity to:

To foreclose on the debtor's financial assets, provided that he knows the details and bank account numbers. In this case, an application with demands for repayment of the debt, with the original of the writ of execution, is sent to the relevant banking or financial institution;
Send this sheet directly to the debtor’s employer, in this case the accounting department will monthly transfer the percentage determined by law towards payment of the writ of execution, provided that the amount of debt is no more than 25 thousand, this can be done in the same way.

Additional information on the procedure for collecting debt under execution. sheet in this video:

In relation to the last point, it should be added that the penalty can be applied to pensions and other social benefits, including scholarships. But, in these cases, the sheet is sent to educational institutions, pensions, and social funds.

The client wants to recover damages in connection with the unlawful debiting of funds according to the presented writs of execution

The claimant wants to compensate for the loss of property that was not seized in his favor

1. Cash in rubles and foreign currency found in the possession of the debtor, including those stored in the safes of the cash register of the debtor-organization, located in an isolated room of this cash register or other premises of the debtor-organization, or stored in banks and other credit organizations, shall be confiscated, o how the corresponding act is drawn up. The seized funds, no later than the business day following the day of seizure, are handed over to the bank for transfer to the deposit account of the bailiff department.

2. Transfer of funds from the debtor’s accounts is carried out on the basis of a writ of execution or a resolution of a bailiff without the submission of settlement documents to a bank or other credit organization by the recoverer or bailiff.