How to restore a writ of execution for alimony

There are unpleasant situations when a writ of execution, which is an important document, is lost or damaged. With its loss, the payment of alimony stops. Therefore, it is necessary to restore the writ of execution for alimony as quickly as possible.

What to do if the writ of execution for alimony is lost?

From a legal point of view, this document cannot be restored, but you can get a duplicate of it, which will also have executive force. In order to obtain a copy of the writ of execution, you will have to go to court with the collected package of documents.

The provided papers must contain information confirming information about the previously issued original writ of execution, as well as an explanation of the reasons and circumstances of its loss.

If the original was lost after it was handed over to the bailiffs, then this fact must be confirmed by a corresponding certificate from a representative of the judicial service. If the bailiff independently finds out about the loss of the document, then within one month he can go to court for its further restoration.

A duplicate of a document is issued only in the judicial authority where the original was previously issued.

What are the risks of losing a document?

If it is lost, all transfers are stopped, which leads to a violation of the financial support of the children. The faster the document is restored, the faster alimony penalties will resume.

Loss or damage to writ of execution provides for administrative punishment in the form of a fine.

How to restore a writ of execution for alimony?

Where can I go to get a copy?

A duplicate of the writ of execution is provided by the official or institution that was responsible for issuing the original.

If the order to collect alimony was issued by a court of general jurisdiction, then it is necessary to contact it. It is issued on the basis of an application.

10 working days after its registration, the court sets a date and time for a meeting, at which it is advisable for both the plaintiff and the defendant to attend. However, their presence is not mandatory, and the meeting may consider the application without them.

If it is impossible for the plaintiff or defendant to attend the hearing, it is necessary to notify the judge about this three days before the consideration of the application.

Rules for registration and sample application for issuance of a duplicate

The rules for registering and restoring a duplicate are regulated by law. The application is filled out as standard.

The application must indicate:

• personal data of the plaintiff (full name, place of residence, passport details);
• information about the court case and the decision to collect alimony, on the basis of which alimony is withheld;
• information about the SSP unit in which the proceedings are being conducted, as well as the initials of the bailiff;
• the reasons and circumstances why the document was lost or damaged;
• request for a copy;
• signature indicating the date of the application.

The loss of a writ of execution must be confirmed by relevant documents:

• a postal receipt or a signature on a postal notice;
• a bailiff's decision to open proceedings, a bailiff's certificate stating that the document was lost, as well as sending the paper to the alimony payer's employment address.

Since 2013, payment of state duty for obtaining a duplicate has been abolished. Today this document can be obtained free of charge.

Consideration of the application and deadlines for document restoration

A duplicate of a writ of execution is subject to restoration only up to a certain point. The application is allowed to be submitted before the child reaches the age of majority with the addition of three years.

If the court made a decision in favor of the plaintiff to issue a copy, then the timing of provision depends on the court where the case was heard:

• if the meeting took place in an arbitration court, then a duplicate is issued on the day the decision was made;
• if the case to restore the copy was held in a court of general jurisdiction, then the document can be obtained 15 days from the moment the court decision entered into legal force.

Within the specified time frame, a duplicate can be obtained from the court office.

If the court is busy, these deadlines are extended. There are situations when the court refuses to issue a duplicate. In this case, you can appeal the decision.

10 days are allotted for filing an appeal. It must be submitted precisely to the court where the case was heard (court of first instance), then it is sent to a higher court of second instance.

If the document is lost due to the fault of an official

For violation, penalties of up to 5,000 rubles are provided . Often, officials, due to unwillingness to bear responsibility, refuse to provide a certificate of loss of a document.

• If after contacting the SSP no action is taken, then in this case you will have to contact a higher authority so that measures can be taken.
• If there is documentary evidence that the executive document was accepted by the organization from the judicial authority, then the plaintiff must be provided with the original of these papers, or a written explanation about their absence.
• It is important to take into account the fact that an appeal to a government agency must only be in writing, for which purpose a note is made in the office about incoming registration.
• What to do if the employer of the alimony payer refuses to provide a certificate confirming the loss of paper?
• First of all, you will need to contact the territorial SSP service in order for an official request to be made to the organization.

Sometimes copies of court decisions are sent to organizations, but the originals remain with the judicial authorities. Therefore, if the manager or accounting department refuses to provide such documents, you can look for the originals in the BSC service itself.

If an unpleasant situation occurs regarding the loss of a writ of execution, then you should not be too upset, since this document can be restored.

However, this process will require some effort and collection of necessary documents. The issued duplicate will also be the basis for the transfer of alimony as the original and will have the same legal force.

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How to restore a writ of execution for alimony in 2018: what to do

Child support is paid on the basis of a voluntary agreement between parents (executed through a notary), and in its absence, a court decision.

In most cases, you have to go through the courts. But to obtain alimony, one court document is not enough.

Collection is carried out according to a writ of execution, in accordance with the procedure established by law.

What is a writ of execution for alimony?

This document was approved by PP No. 579 on July 31, 2008. It is produced on special multi-colored paper with watermarks that protect against counterfeiting. The document, which has a unique number and series, depicts a coat of arms. The writ of execution is filled out by the secretary of the judge who is considering the case. It contains the following information:

• document creation date;
• case number and the court that accepted it;
• plaintiff's claims;
• the court decision made in the case;
• time of entry into force and issue of the sheet;
• information about the parties to the process;
• judge's signature and court seal.

Typically, one copy of the document is issued for each case. But if the defendant has two or more places of work, then the court may issue several samples. The fact is that the employer has the right to withhold alimony based on the original writ of execution (if the procedure is carried out directly by the alimony collector without bailiffs).

Therefore, for each work of the alimony worker, it is necessary to provide the original. Providing the paper is also necessary for bailiffs in order for them to initiate enforcement proceedings for collection.

The document is issued by the court based on its decision. The claimant can receive it in person and transfer it to the bailiff service, or ask the assistant judge to send it to this authority to initiate enforcement proceedings.

What are the consequences of losing a writ of execution?

As stated above, it is on the basis of this document that alimony is paid. But due to some circumstances, the document may be lost. Moreover, this can happen not only to the claimant, but also to bailiffs. The sheet may tear or otherwise deteriorate.

https://www.youtube.com/watch?v=jtQVQMjsGOw

Without it, it is impossible to receive payment. But the case is not critical. To resume the process, it is necessary to restore the writ of execution for alimony. In this case, you need to know some nuances.

If the document is lost due to the fault of the official (bailiff) who was entrusted with storage, the person will be held accountable and must pay a fine of two to five thousand rubles.

In this case, the applicant does not need to pay a state fee for the restoration procedure. However, you only need to do everything yourself.

In this case, certain features in each specific situation are taken into account.

If a loss occurs at work, the accountant who caused it, fearing being held accountable, is in no hurry to issue a certificate of this fact. We will have to resort to various measures to force him to issue the document. Sometimes, to save nerves and time, it is worth seeking legal advice.

What to do in such cases

The main nuance is that in reality the procedure is not to restore a security, but to obtain a duplicate. It is no longer possible to restore the document. However, there is no need to panic. You'll just have to tinker a little to correct the situation.

To obtain a duplicate, you should contact the same authority where the original was made, with the following documents:

• a sheet after a decision to collect alimony has been made;
• by a court order, which is also a writ of execution.

An application is sent to the court, on the basis of which a hearing is held. It is advisable to be present during this procedure. But if this is not possible, then this is not necessary. After considering the application, the court makes a decision. If the documents are drawn up correctly and the deadlines allow, then usually the restoration is carried out without problems.

The period during which a duplicate can be obtained is the time until the child reaches the age of majority, plus another three years on top. Thus, the document is valid until the child turns 21 years old.

If there are no difficulties in obtaining a certificate from the official through whose fault the writ of execution for alimony was lost, then it is quite possible to cope with the procedure on your own, without resorting to legal assistance. The main thing is to find some time for this and make your own efforts.

An application is submitted to the judicial authority.

They end it with the words of a request that a duplicate be issued, and also indicate a list of papers attached to it. If the application is not drawn up in the proper form, the court will reject it.

Another important aspect in the case is that the application must be submitted within the period of time until the validity period of the writ of execution has expired.

But if the alimony document was lost after its expiration date, then it will no longer be possible to obtain a duplicate.

An exception to this rule is allowed if it is proven that the applicant was not aware of the loss. Then he is given a month to complete the recovery procedure.

The following papers must be attached to the application: a receipt or notification that the document was served on the person, as well as the bailiff’s resolution to open proceedings in the case and a certificate of loss (if the official’s connection is proven).

Without these documents, the application for a duplicate will not be satisfied, but preparing the papers is not that difficult. It is better to draw up the application itself on the basis of a sample, which can be obtained directly from the court, or by seeking legal advice.

And, of course, you need to pay a state fee. Its fee for receiving a copy is quite small, the maximum will be 40 rubles. But the duty for a duplicate in different regions may differ. Therefore, this information must be clarified locally.

The duplicate has the same legal force as the original. Therefore, it can be transferred to a bailiff, or an accountant, or to a pension fund and other organizations in the same way as the original. If the ex-spouse fulfills his child support responsibilities voluntarily, the document is simply kept at home.

However, if there are agreements, there is always a risk that the obligations will not be fulfilled, since such agreements are not supported by law. If the alimony provider changes his attitude, then this document will help resolve disagreements.

Then the duplicate can be transferred to the bailiff service in order to collect funds forcibly within the time frame and in the amounts established by law.

Moreover, this service today is endowed with broad powers, and can seize property (including a vehicle belonging to the defaulter), limit it in other rights in order to pay off the debt.

An application submitted to the court is considered within ten working days. The parties are notified of the date and time of the meeting, but their attendance is not mandatory.

Proceedings may also be carried out in their absence.

If no contradictions with the law are identified, the documents are drawn up correctly and provided in full, the court will issue a decision to issue a duplicate.

Step-by-step instructions: how to restore a writ of execution for alimony

Download the application form for the issuance of a duplicate writ of execution

If a document is lost (for example, lost or damaged), this is not something irreparable. Although it will not be possible to restore the original, you can return all rights associated with it through a duplicate.

After receiving new paper, production resumes and continues as before.

All the actions that need to be performed in order to recover a lost document can be presented in a step-by-step plan.

1. You should only contact the place where the document was originally produced. Basically, it is a judicial body. But if it was not the writ of execution that was lost, but a voluntarily concluded agreement, then they are sent to a notary.
2. In this case, an application is drawn up in the proper form and with all the necessary information included. In addition, documents must be submitted that confirm the fact of the loss of the sheet. Difficulties may arise if it is lost not through the fault of the applicant, but of an official. Often the perpetrators do not want to document this fact, but they must be persuaded to issue a corresponding certificate. The best option in this case is to contact an experienced lawyer.
3. A receipt with paid state duty is attached to the package of documents. But if the culprit for going to court is an official, then the claimant is exempt from payment.
4. The court schedules a hearing, at which participation is carried out at the request of the parties. If everything is in order with the documents, a decision is made to issue a duplicate.
5. The applicant, having received a duplicate, is sent to the bailiff service or asks the assistant judge to send the duplicate to the destination.
6. Enforcement proceedings are resumed, and the claimant continues to receive alimony on the same terms.

Making a copy of a document

Since mid-2017, only persons receiving alimony must present the original document. The bailiff sends a copy of the document to the appropriate organization. According to the law on enforcement proceedings, the provisions of the copy must be followed in the same way as the original.

The copy is certified in accordance with the instructions, the sheets are numbered, and the mark “Correct” is placed on each of them. They are sealed, and on the reverse side the bailiff certifies the document, puts a stamp and signs it. A copy must be returned to the service after the withholding is terminated. The reasons for this are the following cases:

• repayment of debt in full;
• dismissal of the alimony provider;
• withdrawal of the payment recipient's application;
• obtaining a resolution from the bailiff stating that the proceedings have been terminated.

Previously, only the dismissal of an employee served as a basis for returning a copy.

No matter who is responsible for the loss of the writ of execution, the situation can be corrected. Depending on the specific circumstances, the procedure has certain features. As a result, the judicial authority issues a duplicate, which has the same legal force as the original document.

How to restore a writ of execution for alimony - your actions

Collection of alimony

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For various reasons, writs of execution are lost or become unusable. Then there is a need to restore them, because copies made with one’s own hand and not certified in the prescribed manner are not considered legal documents. Regardless of who is to blame for the loss or damage, the person in whose name the writ of execution was issued will have to act.

If the former spouses have not reached a voluntary agreement on alimony, the issue must be considered in court. One resolution is not enough: in order to receive payments, a writ of execution is issued.

This is a special legal document with watermarks, a unique number and series, certified by the judge’s signature and seal.

It contains all the information necessary to initiate enforcement proceedings after presentation to the bailiff or to the accounting department.

Usually the document is issued in one copy. In the case where the defendant works in several places, several are issued. This is due to the fact that the employer can only withhold alimony according to the original.

If collection is made through the bailiff service, one copy is sufficient. Each employer is provided with one original.

The bailiff also needs the original to initiate enforcement proceedings.

The paper version may get lost or damaged if handled carelessly. This can happen anywhere: with the creditor, the organization’s accountant, the bailiff. Loss or damage does not make it possible to withhold alimony. To resume payments, you must restore the writ of execution for alimony. All hassles associated with the loss fall on the shoulders of the recipient of the payments.

If the bailiff is to blame for the loss, he will be held accountable and will have to pay a fine of 2–5 thousand rubles. The official should be required to confirm that he had the writ of execution: this will be needed in court. Bailiffs don’t really want to admit their guilt due to troubles in their service and a fine. You may have to bother your superiors.

Loss also occurs in the employer’s accounting department, despite the fact that regulations provide for strict measures for its safety. The cause is most often negligence.

The accountant is in no hurry to admit his guilt: this risks administrative liability. Sometimes it takes a lot of effort to get an official to issue a certificate of loss.

In difficult cases, you should seek the help of a lawyer.

It happens that employees are not to blame for the loss. The document may get lost, for example, when sent by mail. When the payer quits his job, deductions are stopped, and the writ of execution may simply get lost. In such a situation, you should send an official request to the SSP and request a certificate of loss, because it is the duty of the bailiff to control the execution.

So, if the writ of execution is lost through no fault of the alimony recipient, the first step is to obtain a certificate from the employee responsible for its absence. It indicates the time of receipt, loss and the reasons why this happened.

This will make it possible to obtain a duplicate of the writ of execution, otherwise consideration of the issue will be refused. If the person receiving the alimony is at fault and the document was in his possession, he will have to set out in writing the reasons why it was lost.

In essence, the document is not restored, but a duplicate is issued, which has legal force equal to the original. For a duplicate, apply to the same court that issued the original. The rules for conducting a civil case on this issue are established by Article 430 of the Code of Civil Procedure. According to the norms, consideration of the issue begins after filing an application with the judicial authority.

The bailiff must submit it if the loss occurred through his fault. The recipient of the alimony also has the right to file a statement, regardless of whether he or another person is the culprit. A certain time is allotted for the appeal: the bailiff 30 days from the loss, the claimant - the same, but it is calculated from the moment when he became aware of this fact.

You can get a duplicate before your children reach adulthood and for three subsequent years. As a result, it turns out that this opportunity is provided until the child turns 21 years old. If the loss occurred due to the fault of the alimony recipient, the application time is much longer.

It is determined by the period allotted for filing the writ of execution. The period is counted from the moment the IL is issued by the court and is equal to three years. If it is lost after the expiration date, you will not be able to obtain a duplicate.

In the application, the applicant indicates:

• information about yourself and the payer: last names, first names, patronymics, residence;
• court case and resolution on the basis of which the writ of execution was issued;
• information about the bailiff and the SSP department;
• circumstances under which the writ of execution was lost or damaged.

The application must contain a request for reinstatement, it is certified by the signature of the originator, and the date of filing is indicated. It is better to write it according to a model taken in court or legal advice.

The state fee must be paid if the applicant is at fault and attached to the application. To take a copy, a small fee is paid: 4 rubles per page, but not less than 40 rubles.

, which is most often the maximum size.

The court must provide a certificate confirming the loss. It must be drawn up by the person at fault: a bailiff or an accountant.

Confirmations also include a postal receipt, a receipt for a letter received, a notification that the postal item has been delivered.

The bailiff provides a resolution to initiate enforcement proceedings, confirmation that the writ of execution was sent to the payer’s place of work.

Without documents confirming receipt and loss of the writ of execution, explaining the circumstances, a duplicate will not be issued.

Article 12, paragraph 2 of Federal Law-229 states that in the event of loss of the original, it is possible to obtain a duplicate, based on which enforcement proceedings can be initiated. Once the application is filed, the case is heard by the court. A meeting date is set within 10 days. Parties interested in the decision are sent subpoenas notifying the date and hour of consideration of the case.

If the court determines that the writ of execution has actually been lost, a ruling is issued allowing a duplicate to be obtained. When it gains force, the claimant will receive a new document, which is issued upon application.

It is equal in strength to the original and fully corresponds to it. For registration, a special form with protection against counterfeiting, which has a number and series, is also used.

Since the beginning of 2013, no state fee will be charged when issuing a duplicate to replace the lost original.

If at the court hearing facts are revealed that do not allow issuing a duplicate, a decision on refusal is issued. Reasons for refusal may include:

• expiration of the deadline for filing an application for reinstatement;
• the period provided for filing a writ of execution to claim alimony has expired;
• restoration has already been applied for, the court ruling has been executed.

In general, unusual situations known to judicial practice are possible. In one of the cases, a writ of execution was received by a lawyer, and then contact with him was lost.

The court refused to restore it, and he is absolutely right. It is impossible to prove the loss of the document; it was issued. All that remains is to find the person who received it.

If he really is a lawyer, then you can find him in the bar association at your place of residence.

A duplicate allows you to restore lost rights to alimony. According to the new document, suspended proceedings and the previous regime for deductions of alimony deductions are restored.

To do this, it is transferred to the BSC or accounting department. If by that time it was possible to agree with the payer on voluntary payment, it may not be presented for execution.

But you should remember the risk that the oral agreement will not be fulfilled.

The presence of a writ of execution can guarantee that the withholding will be carried out. It also makes it possible to resort to forced payment using measures provided for by law. Bailiffs have broad powers to execute court decisions, including seizure of property and bank accounts, and restrictions on other rights.

Legislators, drawing attention to the fairly frequent cases of loss of executive documents and subsequent legal proceedings, introduced a new provision in mid-2017.

According to him, it is no longer necessary to send the original to the place of execution. The bailiff may present a copy to the relevant organization. It has the same strength as the original.

But first you should have it or a duplicate.

A copy is certified by the executive service:

• each sheet is numbered;
• each one is marked “True”;
• sheets are stitched;
• the last page is stamped and signed by the responsible employee.

It is subject to return, like the original, after full repayment of the debt, dismissal of the debtor, termination of production and voluntary renunciation of alimony. Previously, the only reason for returning was dismissal.

Regardless of who is responsible for the loss, it is possible to restore the document. Despite the fact that copies are now sent for execution, their creation still requires an original or a duplicate issued by court decision. The recipient of alimony, if he has the original, should be careful about its safety. In any case, the lion's share of the restoration work falls on him.

How to restore a writ of execution for alimony

The need to pay alimony is determined by the decision of the court, which, following the consideration of the case, issues, among others, a document obliging the defendant to transfer funds for the financial support of the child - a writ of execution.

The proposed material discusses how to restore a writ of execution for alimony, which authorities to contact and other related issues.

Procedure for obtaining a duplicate

In a situation where this paper is lost, a duplicate must be provided by the authority or official who issued the original of this act (Part 2 of Article 12 of Federal Law No. 229).

Note! If the original is lost, you must contact the court that issued it to provide a duplicate.

Application for issuance of a duplicate writ of execution for alimony

To restore the document, the recipient of alimony must submit a freely drawn up application, necessarily including the following information:

1. Names of the judicial authority to which the applicant applies.
2. Information about the recipient and payer of this child benefit, including last names, initials and addresses of residence.
3. Details of the court case and the decision made to assign appropriate alimony payments, which resulted in the issuance of a writ of execution.
4. Data on the division of the Federal Bailiff Service (hereinafter referred to as “FSSP”), which carries out further office work, the surnames and initials of the official (bailiff).
5. Under what circumstances was the writ of execution lost or damaged?
6. Request for a duplicate.

Next, the attached documentation is listed, the date, month and year of preparation of the application are indicated, as well as the personal signature of the applicant (with a transcript).

The applicant, along with the application, must provide appropriate documentary evidence of the fact of loss:

• a postal receipt, a receipt for the transfer of papers, a notification to the postal service that the executive documentation has been issued;
• a resolution of the service responsible for the implementation of court decisions on the need to open records, transfer of documentation based on the court decision to the employer of the alimony payer, a certificate from an employee of the Bailiff Service (hereinafter referred to as “SSP”) that the paper was lost.

Important! The lack of documentation confirming the loss of the document makes it impossible for the court to make a positive decision on issuing a duplicate.

Do not forget that to obtain a duplicate you must pay a mandatory state fee (clause 10, article 1 333.19 of the Tax Code of the Russian Federation). Each page of the document is paid in the amount of 4 rubles, but the payment amount cannot be less than 40 rubles.

A sample application for the issuance of a duplicate writ of execution can be downloaded here

Features of the procedure for considering an application and providing a duplicate

The court, in the prescribed manner, reviews the submitted documentation and sets a date and time for the hearing. All interested parties are notified of this, but the meeting will definitely take place, regardless of the appearance of the applicant or other participants in the case.

The result of the judicial review is a decision to issue a duplicate document to replace the lost one.

The resulting duplicate is provided to the SSP to resume payments.

The transfer of enforcement documentation to bailiffs will allow, in the event of untimely transfer of funds, the debt to be returned forcibly, up to and including the seizure of property.

Time frame for restoring executive documentation

It is permissible to apply for such a court decision for the entire period of validity of the lost writ of execution, i.e., an application for restoration of the document can be submitted throughout the entire period of the child’s minority, and for another three subsequent years.

If the recipient did not know about this loss, then an appeal is allowed and after the specified period, a month is allotted for the entire recovery procedure.

Loss of a writ of execution due to the fault of an official

It often happens that a writ of execution for alimony is lost due to improper performance of official duties by the official responsible for the safety of such documentation. The fine for such a violation is two and a half thousand rubles (Art.

431 Code of Civil Procedure of the Russian Federation). This reason explains the refusal of these officials (bailiffs, accountants and other employees of enterprises and organizations) to provide certificates certifying that the enforcement documentation sent to them was lost.

If no action is taken as a result of an appeal to the SSP, it is necessary to contact a higher authority to take action. If there is documentary evidence that the specified court enforcement documentation was accepted by this service, the applicant must be provided with the original of the specified paper, or a written explanation for its absence.

It is necessary to take into account that any appeal to government agencies must be made in writing, with a note about incoming registration in the office. The response received will confirm the fact of loss of papers by the bailiff service official. In such a situation, the recipient of alimony will not have to pay state duty.

If the loss occurred in the form of an official

More details about what to do if the writ of execution for alimony is lost by the official sheet at the enterprise. In such a situation, if the employer of the alimony obligated person refuses to provide a certificate of loss, it is necessary to contact the territorial SSP service with a request to make a corresponding official request to the enterprise.

But in most cases, only a copy of the documentation confirming the court decision is sent to the organizations that transfer alimony, and the original remains with the bailiff service, which monitors the execution of the court order. Therefore, if alimony is not transferred due to the lack of executive documentation, the corresponding branch of the SSP is the first instance where it is necessary to look for the specified papers.

It is also necessary to take into account that the legislation provides for serious penalties for organizations and their leaders who are guilty of delaying the transfer of alimony payments or who do not promptly inform the recipient of alimony about the payment of the former spouse from this place of work.

What are the consequences of losing a writ of execution?

As noted above, based on the writ of execution, alimony is transferred to the recipient. If it is lost or damaged, no payments will be made, so it is important that this document is restored in a timely manner.

Conclusion

From the presented material the following conclusion follows:

• do not be upset about the loss of the writ of execution; the restored duplicate has the same legal force;
• the document is restored after submitting a written application to the court that made the decision in this case;
• the request for a duplicate must be documented with an explanation of the reasons and circumstances of loss or damage to the original;
• if the loss of executive documentation by a court decision occurred due to the dishonesty of an official, the latter must be provided with a certificate confirming the loss.

How to get a duplicate of a writ of execution for alimony

Last modified: February 2023

A writ of execution is a document on the basis of which bailiffs deduct money from the payer, in particular alimony. However, like any document, it can be lost or damaged. In this case, further collection of funds becomes difficult. How to get a duplicate of a writ of execution for alimony and where to apply for it.

What is a duplicate

If the writ of execution for alimony is lost, the accountant or bailiff has no legal grounds to withhold the money, which violates the interests of the claimant.

Therefore, in case of loss or damage, a new copy of similar content is issued. It has the same power as the original. Unlike a copy, which can be made by any person (certified by a notary if necessary), only the body that issued the original resolution has the right to issue a duplicate.

Where to contact

In addition to the direct writ of execution for alimony, its role can be played by a court order or an agreement between spouses. The first two documents are issued by the court, which means you need to contact the department where the original was received. If the alimony agreement is lost, a notary is responsible for issuing a duplicate.

The procedure for obtaining a writ of execution for alimony

How to restore a writ of execution for alimony depends on who issued it. To restore the alimony agreement, it is enough to contact a notary for a new copy. In this case, you will have to pay for the service according to the specialist’s tariffs. Usually no additional documents are required.

The issue of issuing a duplicate of the writ of execution (court decision) is considered at the court hearing. The interested person will be notified of the date of its holding by summons or by telephone.

It is not necessary to attend; it is at the discretion of the applicant. However, it is advisable to find an opportunity and attend the meeting.

This is due to the fact that the court may have clarifying questions regarding the circumstances of the loss of the original.

A duplicate will be issued within 3 years after it can be presented for collection (Article 430 of the Code of Civil Procedure of the Russian Federation). In most cases, this period is counted from the moment the original is issued.

However, alimony is an exception. A writ of execution for them can be presented as long as the right to receive them is valid. Thus, you can get a duplicate before the child reaches adulthood, as well as within 3 years after this date (if there is a need to collect debt for previous periods). After this, the need for this automatically disappears. If all the documents are in order, most often the procedure is formal in nature, and a duplicate is issued without delay. To do this, you will need to submit an application to the court that issued the original. The recipient can do this personally or issue a power of attorney to a third party.

The court was given a period of 10 days to consider the issue. The decision is formalized in the form of a Definition. If a refusal follows, it can be appealed to a higher authority.

What documents are needed

To receive a duplicate copy, the claimant must write a corresponding application. In addition, you will need to provide documents confirming that the original was indeed lost.

Usually, the recoverer has to deal with the issue of restoring the writ of execution personally, or he can turn to the help of lawyers.

This is due to the fact that officials responsible for the loss are fined, which is why they do not always agree to issue the necessary certificates.

The statement states:

• information about the claimant and payer;
• information about the court case and the decision made on the payment of alimony, which served as the basis for issuing the sheet;
• if the writ of execution was handed over to the bailiffs for production - the name of the unit, full name of the official involved in the collection;
• under what circumstances the loss occurred;
• request to issue a duplicate;
• date and signature.

This information will help you find the case and issue a new document based on it. The loss of the original is confirmed using:

• documents evidencing the delivery of the writ of execution - postal receipt, receipt, etc.;
• if the writ of execution was submitted to the FSSP - a resolution to open proceedings, confirmation of sending the document to the accounting department of the payer's employer, a bailiff's certificate of loss.

If these documents are not available, then on the basis of one application the court will refuse to issue a duplicate. Sometimes difficulties arise in obtaining supporting certificates from the official responsible for the loss of the document. In this case, you should consult with a lawyer.

After receiving a new copy of the writ of execution, the recipient of alimony can re-submit it for collection through the bailiff service or directly to the accounting department of the organization where the payer works. On its basis, the withholding of alimony will be resumed, and in case of evasion of payments, the bailiff will be able to take the necessary measures against the violator.

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The writ of execution for alimony is lost: what to do and where to get a duplicate?

If a valid writ of execution is lost, the payment of alimony stops. After litigation and all the complications of divorce, losing money is quite unpleasant.

The writ of execution for the collection of alimony may be lost not only from the plaintiff, but also from the organization to which it was transferred for execution (at the bailiff and at the place of work of the ex-spouse).

The writ of execution guarantees the financial support of children, so it must be renewed.

Is it possible to restore the writ of execution?

In a legal context, it is impossible to restore a missing writ of execution; a duplicate may be issued. A copy of the writ of execution has the same legal force as the original.

To obtain a duplicate, it is necessary to prepare and submit to the court documents that can prove the fact that the lost writ of execution for alimony was issued and explain the circumstances of its loss.

A certificate of the loss of a document is issued by a bailiff, accounting department or post office.

It is possible to renew the writ of execution and alimony payments. If the plaintiff does not have time to go through the authorities, you can entrust the re-issuance of the document to a family law lawyer. In addition, the specialist will tell you what needs to be done so that the court does not refuse to receive the sheet that was lost by those responsible for the payments.

If the document is lost after being transferred to the bailiff service, the fact of loss of the original writ of execution must be proven with a certificate from the bailiff. If the bailiff himself finds out about the loss of the writ of execution, he can, within 30 days, contact the appropriate court to restore the document.

Procedure for obtaining a duplicate

Ten working days from the date of registration of the application to issue the plaintiff a copy of the writ of execution, the court decides to set the day and time of the hearing. The meeting will need to be attended by the plaintiff and the defendant, the bailiff who is involved in enforcement proceedings, or the payroll accountant for the alimony payer.

The future date of the meeting and the office in which it will be held are announced in advance. On the appointed day you must appear in court in person and without delay. If it is not possible to be present in court, the hearing will take place without the plaintiff. The absence of the defendant is also not an obstacle to holding a court hearing. The judge must be notified of absence from court three days before the scheduled date.

Thus, to renew a lost writ of execution, you need to perform the following steps:

• draw up and submit a statement about the loss of a document to the court;
• after consideration of the case, obtain a duplicate;
• submit the document to the place of payment of alimony - to the work of the ex-spouse or to the bailiffs.

What documents are needed for recovery?

You can only contact the court where the case was previously heard and a court decision was issued on the forced collection of alimony.

As evidence of the issuance of a document, the court takes into account:

• notification of mailing;
• notification of receipt of letter;
• postal receipt;
• decision of the SSP that a case has been opened for the collection of alimony;
• certificate of loss of the document by a bailiff or accounting department.

Originals and copies of the listed documents are attached to the application.

Rules for drawing up and a sample application for a duplicate

The rules for drawing up and issuing a duplicate of the decision to collect alimony are regulated at the legislative level (Article 430 of the Civil Procedure Code). The rules for filling out the application are standard.

However, in order to do everything correctly, it is advisable to seek advice from a lawyer. A sample application can always be found at the information desk or in the court office. You will need to pay a fee for issuing a copy; you can check the amount with your lawyer or court employee.

The application form must include the following information:

• Full name, passport details and place of residence of the plaintiff;
• Full name, passport details and place of residence of the defendant;
• information about the case for collecting alimony, case number;
• information about where the writ of execution was sent and information about the bailiff who is handling the case;
• circumstances of loss of the document;
• request for the issuance of a duplicate of the lost writ of execution;
• date (day on which the application is submitted);
• signature (surname must be deciphered).

Document recovery time frame

According to the law, it is possible to obtain a copy of a lost writ of execution only up to a certain point.

Submission of an application is permitted until the child for whom child support is intended becomes an adult (18 years of age) plus three years thereafter.

If the court makes a positive decision, the time frame for issuing a duplicate depends on which court is hearing the case:

• in arbitration courts, the document is issued on the day the court makes a decision;
• if the issue of issuing a duplicate sheet was considered in a court of general jurisdiction, a copy can be obtained 15 days after the court decision comes into force.

In due time, the document can be obtained from the court office. If the court is busy, the deadlines are extended.

If the court refuses, there is another way to solve the problem - to appeal the court decision. You have 10 days to file an appeal. The appeal is filed with the court that heard the case (this is the court of first instance), then it is transferred to a higher court of second instance.

The writ of execution was lost by an official: what to do?

When submitting an application to the court for the issuance of a duplicate of the missing writ of execution, you must carefully describe the reasons and circumstances of the disappearance of the original. The court takes the plaintiff's side only if the document is lost through no fault of his own and the circumstances of the loss can be considered valid.

In cases where the writ of execution was received from the FSSP or the accounting department at the place of work of the alimony payer, it is very important to obtain a certificate indicating where exactly it was lost. A certificate of loss of a document in court will serve as evidence of the loss of the document and will be accepted as a valid reason.

Where to submit a duplicate document?

After issuing a duplicate writ of execution, enforcement proceedings for the payment of alimony should be restored (for more details, see the article: enforcement proceedings for the collection of child support: sample applications). In order to continue receiving alimony, the duplicate must be transferred to the organization that, by court decision, will handle the calculation and transfer of money.

You can choose one of two options:

• transfer the execution of enforcement proceedings to the bailiff service;
• transfer a duplicate to the accounting department, pension fund at the place of work or payment of the defendant’s pension.

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