Generally it is better to write two copies of a cover letter for judicial officers, one of which will send back to you with a note on the receipt. So in case of any problems you can prove that you sent the message, and that it reached the addressee. If the Agency where you need to send a letter, to be not in your city, send a letter with acknowledgment of receipt.
Cover letter written on standard stamp or letterhead of the organization stating all her details.
In the upper right corner, specify the addressee, that is the name of the bailiff service and its address.
Set out below are data about the claimant (i.e. you) and the debtor (the person against whom you would like to begin enforcement proceedings): surname, name, patronymic, address, telephone number, account number and all the details.
Then from the middle a new line write the phrase "Application for initiation of enforcement proceedings".
Then describe the contents of your request, beginning with the words: "This letterm direct a writ of execution No. (specify number) (specify the number), issued ... by the court (specify court name) in case number (specify the number of court cases). Please bring enforcement proceedings in case number (specify the case number). Please send a copy of the resolution on initiation of Executive production at (specify address and zip code)". At the end of the letter put the number and signature.
The letter should attach a certified copy of the writ and a copy of the judgment.
After sending the letter carefully, follow the how to run enforcement proceedings, and if any are not, you can try to appeal the actions of bailiffs and to defend their interests.
Remember that the text of the letter should not be very large. All requests need to briefly describe in simple sentences. Wherever there is a reference to any person, the judicial authority or documentation that details all known details (surname, name, patronymic or company name, address, phone number, zip code, number court case).
Advice 2 : How to write a request to the bailiff
For the execution of the judgment after the court hearing you should write to request a court bailiff and, together with the writ of execution to relate the documents to the district Department of bailiffs. Write a request in any form to the head bailiff at the place where your writ.
You will need
- - copy of passport;
- - two envelopes;
- - two copies of the writ;
- - your Bank account information.
Writing requestand a court bailiff start with the names of bailiffs, and the names and addresses of the debtor and the creditor. Be sure to indicate the number and date of the court order to initiate enforcement proceedings.
In the text to describe your request and be sure to justify it. At the end of the text ask them to collect and remit to your account a certain amount of money. Don't forget to specify exactly where you want to transfer money, enter the number of your Bank account. All the necessary details and write the name of the Bank completely. Additionally you can ask for the ban for the debtor to travel outside the country.
Attach to the requestthe original writ. Place date, initials, surname (in full) and signature. Request a court bailiff make two copies and turn in to the office or send it by registered mail with notification.
Please note that bailiffs will only accept typewritten requests, not made by hand. Passing the request with the Executive sheet, follow also that the documents had a stamp of acceptance and the signature. Within three days after filing you must appoint a bailiff.
Its implementation is regulated by the Federal Law №229-FZ "On enforcement proceedings". Usually officers take citizens several times a week. They can't refuse you in making a writ, if you submit all the documents specified in the document.
You also have the right to an appointment to a particular judicial officerresponsible for your case and to get acquainted with materials of Executive production. Don't forget that the request and writ serves only to officers of the district in which the trial was held.
Advice 3 : How to write to the bailiff
The execution of the decision of the court begins only from the moment when you present the Executive document in service of court bailiffs and it will be adopted. The bailiff is responsible for enforcement proceedings, which will be carried out on the basis of your application and all necessary documents-applications.
Contact the appropriate bailiffs and take it 2 the application form or a sample of his fill. A similar statement is written in free form, but some General rules must be observed. If you write it not on the form, use a standard sheet of white paper. In this case, the application must be submitted in a printed form that the text was legible and well read.
In the upper right hand corner write the name and address of the bailiff service. A little back and to the right, write the following words: "the Claimant:" your surname, name and patronymic name, enter address and phone for contact. Make another indentation and after the word "Debtor:" write surname, full first name and patronymic, in whose name the writ. Specify the address of the debtor.
Write the title of the document, stepping back from the address part 1 see Position title: "Application for initiation of enforcement proceedings" in the middle of the row.
The introductory part of the application set out briefly, with reference to the details of the case. Don't forget to write the case number, the surname and initials of the claimant and debtor, the amount of punishment. Immediately write the date of the issuance of the writ, its series and number.
In the main text we will state the request for recovery of a specified sum from the debtor, enter again his residential address. List the details of your personal Bank account, which should transfer the amount of the penalty. These details are full name of your Bank, its correspondent account, BIK, INN, your account number.
Additionally, you can also specify the address of the real estate of the debtor and ask them to arrest him for failing to recover money, it was produced at the expense of the property.
In conclusion, refer to article 67 and part 2 of article 30 of the Federal law "On enforcement proceedings" and ask them to make a decision on temporary restriction of debtor outside the territory of the country.
As the application a writ of execution, to which you refer in the text of the statement. Don't forget to attach it to the application. Put your painting, give it to the decryption date. Send the application form by post, by registered letter with return notification and put in an envelope a list of documents. If the application you want to transfer in person, write in the Secretariat of the second instance indicates that it was made.