The executive sheet is a document issued on the basis of a court decision.
In order to present the writ of execution to the debtor and receive the amount due from him, one should be guided by Article 432 of the Civil Code of the Russian Federation and 321 of the AIC of the Russian Federation.
This can be done in person or through bailiffs.
You will need
- - a copy of the writ of execution, certified by a notary public-
- - a registered letter with a list of attachments-
- - a statement to the bailiffs-
- - Your passport-
- - the original of the writ of execution.
You can show yourselves on your ownThe writ of execution to the debtor, but a number of specific actions must be followed. The most suitable option to acquaint the debtor with the executive document is to send him a copy of the sheet with a registered letter with a list of attachments.
This letter will be handed to the debtor against receipt, and heCan not refuse that he received everything personally in his hands. You can also present an executive document to the debtor's bank if you have information that he has accounts opened there or sent by registered mail to the employer of your debtor. And everything would be fine, but the fact is that after receiving the writ of execution and having familiarized themselves with this document on the court decision, not everyone will immediately begin its execution. And you have no right to make any official methods of influence for getting your money. In addition, it is possible to present the writ of execution independently only if the amount of the debt does not exceed 25,000 rubles. Therefore, there is another option for obtaining money on the writ of execution.
Apply with the application to the courtBailiffs. Present your passport, the original of the executive document. The bailiffs are endowed with great powers and can make a list of property and put it up for auction, arrest bank accounts, compel the debtor's employer to enforce a judgment by forcible deduction from the salary in your favor, etc.
The bailiff is obliged to execute a court decision within two months from the date of filing the application, that is, it is a guaranteed period during which you will receive your debt.
Do not forget that the limitation period for the presentationOf the writ of execution is three years. If after the expiration of this period you did not manage to show it to the debtor and get your debt from him, then again you will have to go to court to increase these terms on the basis of the decision.