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Hello, friends! I hope you enjoyed the previous articles. More precisely, it's not about sympathy. They will definitely come in handy if you are faced with enforcement proceedings. Despite the fact that they are quite boring, and sometimes incomprehensible, this information is very important and extremely useful. and I talked about the terms of enforcement proceedings, about their restoration, calculation, and so on. Feel free to read it if you haven't already.

Today we will begin a more interesting, from the point of view of practice, topic - the deadline for presenting executive documents for execution. In Russian, we are talking about the timing of the presentation of writ of execution, court orders and other executive documents to the bailiff service for enforcement.

Terms of presentation of executive documents

Let's start with the most common document - writ of execution. Such lists are issued by the courts, and only by the courts, on the basis of a decision that has entered into force. More specifically, writ of execution is issued by courts of general jurisdiction, magistrates, and arbitration courts. If you have heard of such an institution as the arbitration court, then I will mention it. The fact is that arbitration courts make a decision on the case, however, a writ of execution is already issued by a court of general jurisdiction or an arbitration court.

So, they can be brought for execution to the bailiff service within 3 (Three) years from the date of entry into force judicial act, that is, solutions.

By the way, there are several cases when the deadline for presenting a document for execution is shorter. We must also talk about them.

Case one. Writs of execution that contain demands for the return of illegally displaced children outside Russian Federation, may be brought for execution within 1 (One) year from the date of entry into force of the judicial act.

Case two. I hope you don't need it, but just in case, let it be. In the event that the arbitration court issues a writ of execution, according to which the arbitration court restored the missed deadline for determining this writ for execution, then such writ may be presented for execution within only 3 (Three) months from the date the court issued a ruling on the restoration of the missed term. I understand that it's complicated.

Let me rephrase it easier. You received a writ of execution in the arbitration court, and for some reason did not have time to present it for execution within 3 years. You can apply to the arbitration court, ask for the restoration of the term. And if the court meets you halfway, recognizes the reasons for missing the deadline as valid, it will issue a ruling and issue you a new writ of execution, the validity of which will not be 3 years, but only 3 months.

The next document is court orders. You may have faced a court order if you were collecting child support, or if banks were collecting loan debt from you in this way. A court order, as you probably know from my previous articles, is already an enforcement document in itself, and in addition to it, you do not need to receive a writ of execution. So, a court order can be presented for execution to the bailiff service also within 3 (Three) years from the date of issuance of this court order.

But there is a small exception here. Documents that contain requirements for the collection of periodic payments can be presented for execution during the entire period for which payments are awarded and, moreover, within 3 years after the end of this period.

I'll give you an example. It's a court order for alimony. Alimony is collected monthly, as you know, until the child in whose favor they are collected turns 18 years old. And here we are talking about periodic, monthly payments. In this case, the court order may be brought for execution at any time before the child reaches the age of 18 and within the next three years. But, in practice, it's better not to play like that. It is better to immediately present such documents to the bailiff service so that the bailiffs are directly involved in the execution. Otherwise, what is the point in obtaining a court order if it lies at home without execution?

Another type of executive document is certificate issued by the commission on labor disputes. To be honest, I have never come across such documents, but perhaps it will be useful to you. Such documents may be submitted for execution within 3 (Three) months from the date of their issue.

Further, as an executive document are given acts of bodies exercising control functions. These are acts on the recovery of funds with the attachment of documents containing marks of banks and so on. In general, you can find them in the original source, this is Part 6 of Article 21 of the Federal Law “On Enforcement Proceedings”. The main thing you need to know is that such documents are presented for execution within 6 (Six) months.

I personally have never worked with such documents, so I will not breed a theory.

The next type of document is judicial acts and acts of other bodies and officials in cases of administrative offenses . They are presented for execution within 2 years from the date of entry into force.

Also, Article 21, which I am talking about, provides that all other executive documents that are not described here are presented for execution within the time limits specified in these documents. So carefully read all the documents that come to you. It is generally interesting to read, especially when it comes to recovering money from you or in your favor.

Delay in the execution of a judgment

And one more important point. We are talking about the postponement or installment of the execution of a judicial act. In the event that the debtor is granted an installment plan or a deferment of the execution of a court decision, then when issuing a writ of execution to the recoverer, the writ of execution must necessarily indicate the presence of this installment plan, and indicate its period.

In this case, the period for presenting this writ of execution is extended by the period for which the deferral or installment plan is granted. Example. The creditor has collected the debt from the borrower in court. The debtor found good reasons not to pay right now, he went to court, received a ruling on the installment plan for the execution of the decision for a period of 6 months. In this case, the period for presenting a writ of execution, which the bank still has the right to receive, will be not three years, but three and a half years, that is, taking into account this six-month delay.

What is a break in the deadline for presenting a writ of execution

In principle, here the word itself already gives an answer to this question, but I will not rely on the fact that my readers know everything about everything. Otherwise, you wouldn't be reading my blog, right? You came here for information, and you will receive it. Again, if you already know everything and didn't find anything new here, you can always go back to your favorite tank game, or what else you can play now, I don't know. But I digress.

A break implies that the term for presenting a sheet for execution is interrupted or suspended. And here there are two options, and both options are provided for by Article 22 of the Federal Law, which I have been talking about for the second week.

First option. The deadline for presenting the executive document is interrupted when the executive document is presented for execution. Let me explain. The recoverer submitted a writ of execution to the bailiff service to initiate enforcement proceedings, for which the three-year period is suspended, that is, it is not calculated further.

Second option. The term is interrupted in case of partial execution by the debtor of the judicial act. Moreover, after the break, the period for presenting the document resumes, but does not start over. The time that has already passed from the moment of interruption of the term to the break in the new term is not counted.

However, there are exceptions, which are used by both banks and collectors. These are the cases when the writ of execution is returned to the recoverer due to the impossibility of its execution. This is the most popular reason for the return of writ of execution. In the event that the debtor does not have any real estate, there are no funds on accounts and deposits, there is no official source of income, the bailiff has no choice but to end the proceedings with the wording: due to the impossibility of execution.

In this case, the bank that received the enforcement document back from the bailiff will be able to submit it for execution again after 6 months, and, in this case, the period for presenting the sheet again will be 3 years and will be calculated from the date of its return by the bailiff.

Again, if we talk about installments or deferrals. It in itself suspends the action of the executive document. Here, the date of suspension of the period for the presentation of a writ of execution will be the date on which the determination of the installment plan or deferral comes into force, and the date of renewal of the period, respectively, the date of the end of the installment plan (deferment).

At the same time, if you plan to receive an installment plan, you should understand that if you violate the terms of the installment plan more than twice, your claimant will be able to submit a writ of execution for execution. Such a list will be accepted by the bailiff service, enforcement proceedings will be initiated, in which case your installment plan will be cancelled. Therefore, please, fulfill in full the payment schedule that you have set for yourself, otherwise, taking into account your violations, the court is unlikely to provide you with a new installment plan.

How can I recover the missed deadline for presenting a writ of execution for execution

And again we are talking about the restoration of the missed procedural term. As I have said repeatedly, the procedure is quite complicated, it requires very good justification and very good reasons. However, the validity of these reasons in each case is determined by the court. I cannot tell you in advance which reasons will be recognized as valid and which will not be recognized as valid. Here everything is decided in the moment, and a lot depends on the judge himself.

But, nevertheless, the recoverer, who missed the deadline for presenting the executive document for execution, has the right to apply to the court with an application for the restoration of the missed deadline. Necessarily in the court that issued the writ of execution, respectively, this is a court order or writ of execution.

Moreover, the restoration of missed deadlines is possible only for those executive documents that I spoke about in this article. I repeat, this is a writ of execution, a court order, a certificate of a labor dispute commission, acts of bodies exercising control functions (of which I have only theoretical knowledge), acts of bodies in cases of administrative offenses. All. With regard to all other executive documents, the restoration of missed deadlines is not provided.

Thank you for reading to the end! I am sure that in the event that enforcement proceedings are initiated against you, the information presented in my articles will be very useful to you. Although, of course, if you have not yet encountered such problems, reading these articles may be boring and uninteresting for you. I understand you, this is not entertainment literature, this is a purely practical law, the norms of which are needed only by those who are faced with such issues. Tomorrow you will find an article about notifications and calls in enforcement proceedings, and we will gradually move on to the issues of initiating enforcement proceedings. There is still a lot of interesting things ahead.

Many plaintiffs, after the adoption of a court decision, do not know what the term for presenting a writ of execution for execution is. When the deadline for presenting a writ of execution for execution is missed, in this case the recoverer will be deprived of the possibility of forcible collection of the debt under the writ of execution.

Article regulating the terms for presenting a writ of execution

It is important for the recoverer to find out in what time the writ of execution can be presented. The procedure for presenting a writ of execution is regulated by Article 21 of the Federal Law "On Enforcement Proceedings".

In the application for the restoration of the missed deadline for the presentation of a writ of execution of the deadline, the following information must be prescribed:

surname, name, and patronymic of the claimant;
surname, name, patronymic of the defendant;
the number of the court decision;
the date the judgment was issued;
surname, name, patronymic of the judge who made the decision;
a description of the reasons for missing the deadline for presenting a writ of execution with a mandatory explanation;
date and number of the claim;
copies of all required documents(a copy of the claim, a copy of the court decision, a copy of the evidence of the reasons for missing the specified period).

The term for presenting a duplicate writ of execution does not differ from the terms for presenting the original writ of execution. The expiration of the terms of enforcement actions is in no way a reason to terminate the enforcement proceedings.

If the plaintiff has a writ of execution in his hands, then it can be used as an effective tool to obtain the required amount from the debtor. You can use this tool effectively in the following situations:

As a weighty argument to settle the dispute with the debtor and ensure further payment of the debt on a voluntary basis.
As a basis for enforcement by bailiffs from the FSPP.
As a means for self-collection of debt without recourse to the FSPP.

Deadline for the extension of the writ of execution

There are situations when the deadline for presenting a writ of execution to the bailiff service can be extended. This happens automatically. Such a document is suitable for adoption by the FSPP for a longer period of time. The writ of execution is extended in the following cases:

change in the terms of payments due to the fact that the debtor appealed the court decision (the period is extended exactly by the amount of time for which the payments were suspended);
the presence of separate claims filed in case of collection of periodic payments;
withdrawal of a writ of execution due to the fact that the debtor voluntarily pays the existing debt;
return of the writ of execution by bailiffs due to the termination of the writ of execution.

Bailiffs can also return a writ of execution due to the financial insolvency of the debtor. But nothing prevents the recoverer from re-submitting this writ of execution for collection (Article 21 “On Enforcement Proceedings” (clause 4)). If in the process of this there are suspicions about the inaction of the FSPP, you can submit a corresponding application to the prosecutor's office to appeal against the inaction of the bailiff service. If the debt cannot be recovered from the debtor again, the sheet will again be returned to the claimant.

Writs of execution for the collection of periodic payments issued on long time, can be presented at any time before the end of the payment period and for a further three years after the end of this period. An example of such execution may be the payment of alimony for the maintenance of children.

If you have any questions about the deadline for presenting a writ of execution, write in the comments

Executive documents can be presented for execution in the following terms:

Writs of execution issued on the basis of judicial acts of courts of general jurisdiction, and court orders - within three years from the date of entry into force of the judicial act

or the expiration of the period established when granting a deferral or installment plan for their execution,

Writs of execution issued on the basis of judicial acts of arbitration courts - within three years from the date of entry into force of the judicial act.

Writs of execution issued on the basis of judicial acts of arbitration courts, according to which the arbitration court restored the missed period for presenting the writ of execution for execution - within three months from the date of the court's ruling on the restoration of the missed period;

Claims of the bodies exercising control functions for the recovery of funds with a note from the bank or other credit organization on complete or partial non-execution of the recovery, drawn up in accordance with the established procedure - within six months from the date of their return by the bank or other credit institution;

Certificates of the commission on labor disputes - within three months from the date of their issue;

Judicial acts, acts of other bodies and officials in cases of administrative offenses - within one year from the date of their entry into force.

Executive documents containing requirements for the collection of periodic payments - during the entire period for which the payments were awarded, as well as within three years after the end of this period.

Executive documents on the recovery of periodic payments (collection of alimony, compensation for harm caused to health, etc.) remain valid for the entire time for which the payments are awarded. The same procedure applies to notarized agreements on the payment of alimony.

In accordance with paragraph 1 of Art. 22 of the Federal Law “On Enforcement Proceedings”, the deadline for presenting a writ of execution for execution is interrupted:

1) presenting a writ of execution for execution;

2) partial execution of the executive document by the debtor.

The interrupted period always resumes, but the elapsed time is not included in the new period. Thus, the law reliably guarantees the protection of the rights of the recoverer in enforcement proceedings.

Executive documents must be presented for execution within the time limits established by law. Violation of these terms entails the return of the executive document without execution to the recoverer with the decision of the bailiff-executor to refuse to initiate enforcement proceedings.

Restoration of the missed deadline for the presentation of a writ of execution for execution

Executive documents for which the deadline for presenting them for execution has expired are not accepted by the bailiff for production.

The law allows for the restoration of the terms for presenting enforcement documents for execution only in relation to writ of execution and court orders. For other executive documents, missed deadlines are not subject to restoration.

The missed deadline for the presentation of a writ of execution for execution can be restored only by the court that adopted the relevant act. The right to apply to the court with an application for the restoration of this period is granted only to the recoverer and only to present a writ of execution and a court order, i.e. executive documents issued on the basis of judicial acts. The procedure for considering petitions for the restoration of a missed deadline on writ of execution and court orders is determined respectively in the Code of Civil Procedure of the Russian Federation and the APC.

Restoration of missed deadlines is possible if they were missed for good reasons, which the applicant must indicate in the application addressed to the court and provide evidence confirming the validity of these reasons. The application is considered by the court in a court session, the recoverer and the debtor are notified of the place and time of the trial. Their failure to appear is not an obstacle to the consideration of the issue put before the court. Based on the results of consideration of the application, the court will issue a ruling. An appeal may be filed against a court ruling to refuse to restore the missed period.

General provisions on deadlines in enforcement proceedings

Timely fulfillment of the requirements contained in executive documents is one of the tasks of enforcement proceedings. In this regard, it is necessary for the subjects of enforcement proceedings to comply with the established procedural deadlines.

Procedural term - a period or moment of time during which certain procedural actions are possible or must be performed, procedural decisions are made, or during which other legal consequences are possible. Procedural terms are interconnected with the corresponding procedural authority or procedural duty. Procedural deadlines are set federal law. If the deadlines are not established by federal law, then they are appointed by the court or bailiff.

The following types of procedural terms are distinguished:

The terms established by law (the terms for the commission of procedural actions and the adoption of procedural decisions by the court, bailiff, persons participating in enforcement proceedings);

The terms appointed by the court or the bailiff-executor (terms for the commission of procedural actions and the fulfillment of the requirements of the bailiff-executor by the persons participating in the enforcement proceedings).

Presentation of ID for the second time

For a number of reasons, a writ of execution may be returned to the recoverer. The most common reasons for a return include:

No collection has been made
Was not fully completed
The bailiff believes that the contractor is not able to fulfill the requirements of the claimant, etc.

If the ID was returned, the creditor has the right to submit it a second time. The deadlines for the presentation of executive documents for execution have been re-established legally and are fixed by certain acts.

From the moment the judicial organization made a decision to suspend execution, the recoverer may submit an enforcement document for the second time. To do this, he has 3 years from the day the document was returned to him.

AT judicial practice there are cases when the debtor does not have the financial ability to repay the debt to the recoverer. For this reason, the bailiff conducts a suspension of proceedings and the writ of execution is returned.

In this case, lawyers advise creditors to change the amount of the pecuniary penalty. Otherwise, even with the re-submission of enforcement documents, the recoverer has practically no chance of getting his debt.

Document Requirements

There are certain ones according to which the ID is being compiled. A prerequisite for the preparation of executive documents is the presence of such information in them:

The exact address where the judicial or other authority that issued the document is located.
Details of the responsible person who compiled it.
The name and number of the court case, which became the basis for the preparation and issuance of documents for execution.
The exact date when the decision to initiate proceedings was made, as well as its entry into legal force.
If there is such a solution, indicate that the document needs to be implemented urgently. In this case, it is 24 hours.
Exact data and coordinates of registration of the recoverer and his debtor.
A copy of the part of the court decision, which indicates that the debtor is obliged to repay the debtor or there is a need to start the process of confiscation of the debtor's property. This part is the resolution of the court session.
The date when the writ of execution was handed over to the executor and the recoverer.
If the recoverer and the debtor are not individuals, but organizations, it is also necessary to indicate the legal and physical address of registration in the ID.

When issuing a decision on the recovery of alimony, the document must also contain the following information:

Place and exact date of birth of the person who will repay the alimony debt.
Place of his work (official).
The exact date and place of birth of each of the children who will be charged.
Calculation of amounts for alimony, which the debtor will pay to the claimant for each month separately.
A tonne period must be indicated during which the alimony will be returned to the claimant.
If during the period established by law, the debtor, for valid reasons, could not repay the debt, the court may impose a fine (interest) on the amount of the total debt. In the executive document in this case, it is also necessary to indicate the following data:
Indicate the total amount for which the fine was imposed.
The exact date on which the decision to charge interest on the debt was made.
The amount of interest that the debtor must pay.
A notice stating that interest will accrue until the debtor repays the full amount of the debt.

The basis for the bailiff to initiate proceedings is the presence of a notarized executive document.