You will need
- - a copy of the writ certified by a notary;
- - registered letter with the investment inventory;
- - statement by the bailiffs;
- - your passport;
- - the original writ.
You can present the writ to the debtor, but you should follow some certain actions. The most suitable option to provide the debtor with the writ of execution is to send him a copy sheet registered letter with the investment inventory.
This letter will be handed to the debtor a receipt, and he can't refuse, got all personally. You can also file a writ to the Bank of the debtor, if you have information that he had there opened accounts or send a registered letter to the employer of your debtor. And all would be great, but the fact that after receiving the writ of execution and reading this document on judgement, not everyone will immediately proceed to its execution. And no formal methods of influence to get their funds you do not have rights. Besides, to submit the writ of execution only if the amount of debt does not exceed 25,000 rubles. So there is another option of obtaining money under a writ of execution.
Refer the application to the bailiff service. Present your passport, original Executive document. The bailiffs are empowered and can produce an inventory of the property and put it up for auction, the arrest of Bank accounts, to make compulsory employer of the debtor to execute the judgment by deducting from the salary in your favor, etc.
The bailiff shall within two months from the date of submission of the application to execute the judgment, then there is a guaranteed period of time during which you will get your debt.
Do not forget that the period of limitation for filing a writ of execution is three years. If after this period you have not had time to present it to the debtor and to him your debt, you will again have to apply to the court below on the basis of the decision made by these deadlines to increase.
Advice 2 : How to recover a debt by a court decision
We congratulate you – after a long and tedious litigation you have made the decision on return of a debt in your favor. Now the opposite party is obliged to repay that debt at the decision of the court. But a solution isn't enough, because you need real execution. The stage of enforcement proceedings, from the skillful passage of which depends on how quickly you will get your money back.
Wait for the decision of the court on the return you debt. Usually you get him up on the fifth day, and takes effect it is a month or (in the case of an appeal), from the date of the judgment on appeal.
Please note that the law provides for such methods of enforcement to recover the debt as the court bailiffs or applying to the Bank serving the debtor. The most common and effective is the execution of judgments through bailiffs.
To start as soon as possible get into court writ of execution which is issued after entry of the decision into force. Do not hesitate to call the court, Recalling the writ, because by law the terms of issue, unfortunately, is not spelled out.
After you get a writ of execution, to personally give it to the office of the bailiffs, do not forget to require you to put down a mark about receipt of a copy of the cover letter. Within three days, the bailiff shall make a decision on beginning of enforcement proceedings, completion of which is required by the rules in two months.
In order not to delay the foreclosure process, contact the bailiff motions on the implementation of specific powers, reminding the Sheriff that the time is not waiting. The rights and powers of the bailiff when collecting a debt is quite broad: it can seek necessary information, to seize property, confiscate property, carry out search of the debtor impose on the debtor the penalties and so forth.
Bailiff receives information about the availability of the debtor's property only of the responses to his formal requests. If you know about the debtor has other property (Bank accounts, receivables, etc.), please inform the bailiff so he could foreclose on the property identified.
Execution system sometimes faltering. Possibly he is insufficiently experienced, the busy, and even colluded with the debtor. In such cases, appeal against actions or inaction of a bailiff. You can complain to his leadership, to make a motion to change the bailiff, to write about his case in the press or to go to court. Remember that you, as a claimant, are pivotal in the enforcement proceedings.
If the debtor is still not in a hurry to fulfill the decision, contact law enforcement. The debtor can be prosecuted in administrative proceedings for failure to comply with lawful requirements of the bailiff. For willful non-enforcement of court decisions criminal liability (including imprisonment). Knowing about the threat this decision, the debtor will have a strong motivation to return the debt.