Application for resumption of enforcement proceedings on alimony (sample) 2023

The basis for collecting alimony is a writ of execution or a notarized voluntary agreement received by the defendant’s employing organization.

In the article we will look at when it is necessary to return a writ of execution to bailiffs, and how to fill out an application for the return of a writ of execution for alimony.

The employer, whose duties are charged with collecting alimony from the income paid to the employee, must return the writ of execution upon full fulfillment of the obligations provided for in the document.

The application form is not approved by law, so the employer can draw up a document in free form, indicating the following mandatory details: A sample application for the return of a writ of execution to the FSSP in connection with the fulfillment of requirements can be downloaded here ⇒ Application for the return of IL in connection with the fulfillment of requirements.

The deadline for returning the writ of execution is within 3 days from the date of full fulfillment of the claims.

The employer may return the writ of execution if the requirements for it are partially fulfilled.

The basis for returning the writ of execution in such cases is the impossibility of the employer to recover funds due to: When terminating the employment relationship with the debtor, the employer is obliged to notify the FSSP about this.

To do this, the organization sends a written notification to the FSSP about the impossibility of further penalties (the form can be downloaded here ⇒ Notification of the bailiff service about the dismissal of an employee).

Along with the notification, the employer submits to the bailiffs a writ of execution, as well as an application for the return of the document with partial execution.

Read also the article ⇒ “Indexation of alimony in a fixed amount: calculations, examples.” When drawing up an application for the return of a writ of execution with partial execution, the employer should indicate in the document the total amount of the penalties made and the period during which the deductions were made.

A similar period is established for notifying the FSSP of the impossibility of collection due to the unknown location of the debtor. An application form for the return of a writ of execution with partial fulfillment of requirements can be downloaded here ⇒ Application for the return of a writ of execution in connection with partial execution.

Article 46 of Federal Law-229 “On Enforcement Proceedings” establishes the right of the claimant to revoke the writ of execution on his own initiative.

Revocation of a writ of execution by a claimant sample

A citizen who is the recipient of alimony can at any time revoke the writ of execution and thereby suspend the enforcement proceedings. To do this, the plaintiff must fill out an application, indicating in it: After drawing up the application, the claimant submits the document to the FSSP.

Within 5 days from the date of application, bailiffs draw up a resolution to suspend the claim proceedings and notify the employer who makes the recovery.

Based on a copy of the resolution to suspend the claim proceedings based on the claimant’s application, the employer returns the writ of execution to the FSSP, after which the bailiffs hand over the document to the claimant.

The application form for revocation of a writ of execution can be downloaded here ⇒ Application for revocation of a writ of execution.

Please note that based on the claimant’s application, enforcement proceedings may be temporarily suspended, but not terminated completely.

Within 3 years from the date of return of the writ of execution, the claimant can resume the withholding of alimony by filling out the appropriate application (the form can be downloaded here ⇒ Application for the resumption of enforcement proceedings on alimony).

Both in the case of revocation of the writ of execution, and when the enforcement proceedings are resumed, the claimant must pay an enforcement fee in the amount of 7% of the amount of deductions, but not less than 1,000 rubles. Read also the article ⇒ “Revocation of the writ of execution by the claimant: how to process, deadline.”

Resumption means that the bailiff continues to take steps to enforce the court's decision.

Enforcement proceedings for dummies. First. —

The deadlines are also renewed, and other actions are taken to satisfy the requirements of the writ of execution. Download a sample: Application for the resumption of enforcement proceedings. An application for the resumption of enforcement proceedings is submitted to the bailiff.

The Blagoveshchensk City Court of the Amur Region issued a writ of execution No. 872/22 in the case of a claim for utility payments from the Chistota housing cooperative against a citizen of the Russian Federation, Stanislav Sergeevich Dolgikh, born in 1968. By order of the bailiff of the OSP, enforcement proceedings were initiated No. 754332/25/2022. By the decision of the Blagoveshchensk City Court dated

52 of the Law on Enforcement Proceedings, the bailiff formalizes succession on the basis of a judicial act by issuing an appropriate resolution approved by the senior bailiff, which was done by 42, 45 of the Law on Enforcement Proceedings, Please: Chairman of the housing cooperative "Chistota" Perepelitsa I.

If the proceedings themselves are suspended by decision of the specified official.

In connection with the death of the debtor, Dolgikh Stanislav Sergeevich, in accordance with a statement from the claimant, enforcement proceedings No. 754332/25/2015 were suspended in accordance with Part. in connection with the entry into the inheritance of the debtor's son, Dolgikh Sergei Stanislavovich, in accordance with Art.

In the text of the application, it is advisable to describe the passage of the main stages of the case from filing an application to initiate enforcement proceedings to its suspension, and the enforcement actions taken.

The basis for resuming production will be the elimination of the circumstances that served as the reason for the suspension.

To do this, the applicant attaches various written evidence to the document. If they are already in the case materials, then there is no such need. The party to the proceedings can find out what documents are available in the case.

For this purpose, an application for familiarization with enforcement proceedings is used. Through the office of the service, at a reception with the bailiff. After all, it is possible to attach photographic copies of documents.

If the applicant’s arguments are not supported, again use complaints, incl.

Statement - Free archive of legal documents

Mandatory grounds include: Withholding of alimony can be terminated either completely or partially (an example of the latter is challenging the recalculation of the monthly payment carried out by the bailiff - during the consideration of this issue).

The consequence of the adoption of the corresponding determination or resolution will be the impossibility of carrying out compulsory actions against the debtor. At the same time, he has the right to make payments voluntarily. 44 of the law establishes the validity period of the suspension decision. The rules for considering an application for renewal of alimony are provided for in Art.

The appeal can be sent to the territorial department of the FSSP at the place of residence of the paying parent.

Only the duty of the judge or bailiff is indicated to resume collection when the reasons that prevented execution are eliminated (for example, if the plaintiff refuses the demands). left the medical institution in 2009, but did not voluntarily resume paying alimony.

The document must be handed over to the official involved in collecting funds within 3 days from the date of receipt by the FSSP. The law does not require sending a special application to the court. 440 of the Code of Civil Procedure of the Russian Federation, the collection will continue after the adoption of the corresponding determination, which will be transferred to the bailiff.

Guided by Articles 42 and 45 of the Law on Enforcement Proceedings, I Demand: Resume enforcement proceedings No. 746654/22/2017 due to the elimination of the circumstances that served as the basis for its suspension. The bailiff is given 10 days to consider the application and make a decision based on its results.

There is a problem: the bailiff does not always receive the necessary information. This document is sent to the claimant no later than the next day after acceptance by mail at the residence address indicated by the applicant. The debtor is often not interested in sending notifications about the termination of participation in hostilities or the end of treatment.

Resolution 746654/22/2017 was issued, on the basis of which the monthly withholding of a quarter of the child’s father’s income began. Any of the documents can be appealed by both the recipient of funds and the debtor, since bailiffs often commit violations.

The debtor is often not interested in sending notices of termination of participation in hostilities or termination of medical treatment. within the framework of proceedings No. 746654/22/2017 Application for the resumption of enforcement proceedings.

Court order No. 26/16 was issued in Krasnoyarsk, in the case of the collection of alimony from a citizen of the Russian Federation, Evgeniy Mikhailovich Kondratyev, born in 1988.

Resolution 746654/22/2017 was issued, on the basis of which the monthly withholding of a quarter of the child’s father’s income began. Any of the documents can be appealed by both the recipient of the funds and the debtor, since bailiffs often commit violations. For this reason, the claimant is required to file an application to resume suspended enforcement proceedings for alimony (Part 7 of Art.

To resume the withholding of alimony from a parent’s income by filing an application, it is necessary to establish the reasons for the suspension. Due to the debtor undergoing treatment in a hospital medical institution, forced collection is temporarily suspended from the city. After receiving a refusal from them, it is recommended to contact a higher division of the FSSP.

To do this, you should familiarize yourself with the materials held by the bailiff (among the documents there should be a statement from the debtor indicating the reason for the appeal). Krasnoyarsk from the claimant - Irina Andreevna Kondratyeva, address: 660000, city. The document will be reviewed within 10 days from the date of receipt.

If the enforcement proceedings were suspended by the court, then their resumption occurs automatically. The claimant will only need to monitor the execution of the relevant duties by the bailiff.

How to properly withhold alimony under a writ of execution

When the withholding of funds is suspended by a decision of the bailiff, he is recommended to send an application to resume actions to obtain the amounts necessary for the child.

Alimony collectors often have questions in connection with the termination or suspension of the forced execution by officials of the Bailiff Service (SSP) of a judicial act on the payment of alimony, which can be caused by a variety of reasons. No less interesting is the possibility of resuming payments.

First of all, it should be said that enforcement proceedings and all procedural actions related to them are regulated by Federal Law No. 229 “On Enforcement Proceedings.” According to Article 44, the executive document on the basis of which alimony was collected is retained in the SSP.

If the process of forced fulfillment of alimony obligations was terminated legally, the document cannot be resubmitted for execution.

If the procedural actions were temporarily suspended for reasons provided for by law, it can be resumed - on the initiative of an official of the SSP or the recoverer of funds (in accordance with Article 45 of the above law). At the same time, all measures for compulsory execution of a court order or decision provided for by law continue.

What needs to be done to resume enforcement proceedings? You should contact the department of the bailiff service where the case was conducted and submit a corresponding application to the bailiff.

If the enforcement proceedings were suspended not by a bailiff’s order, but by a court order, an application for its resumption should be submitted to the court (in accordance with Article 438 of the Code of Civil Procedure of the Russian Federation). Most likely, the local SSP office has samples of all the necessary documents, so filling out an application will not be difficult. However, it is much more convenient to go to the bailiffs with a ready-made application and a prepared package of documents. The basis for filing such an application is the elimination of the circumstances that served as the reason for its suspension (a full list of such grounds is contained in Article 40 of the above-mentioned federal law).

How to pick up a writ of execution for alimony from the courts

To confirm a change in circumstances, you may need to attach written evidence to the application. First of all, you will need to submit to the SSP - a court order or a court decision, if this document was previously returned to the claimant, but if it remained in the case file, there is no need to receive and submit a duplicate document. After receiving an application from the claimant of alimony payments, within one day the SSP official resumes work on the execution of the court order or decision. Within five working days, the alimony payer is sent a resolution with an accompanying letter on the fulfillment of alimony obligations voluntarily and on the use of coercive measures in case of non-fulfillment .Modern law enforcement practice shows that the main reason for the court to cancel previously assigned alimony payments is the disappearance of the recipient’s need for financial support, however, the law also allows for other grounds for canceling maintenance. Let us consider in more detail the most common circumstances that serve as the basis for the cancellation of alimony payments. Challenging Paternity presupposes a man’s ability to prove through legal proceedings that he is not the biological father of the child in whose favor payments are made. To do this, he must file an appropriate claim and provide sufficient evidence (for example, a genetic examination report). If the fact of paternity is legally disputed , the court cancels further payment of alimony, but only from the date of the relevant decision.

Application for resumption of enforcement proceedings on alimony sample

The final point is an appeal to the chief bailiff of the Russian Federation.

If the party to the proceedings has no claims against the FSSP employee, but circumstances have changed that give grounds for the renewal of the individual entrepreneur, the procedure looks like this:

1. The claimant or the alimony obligee submits an application to the bailiff for the renewal of the individual entrepreneur.
2. The bailiff draws up the relevant resolution and sends it to all parties to the enforcement proceedings. He is given 10 calendar days to do this from the date of receipt of the application. Based on the results, he may decide to fully or partially resume the collection or refuse to satisfy the applicant’s demands.

How to make an application for renewal of an individual entrepreneur?

• There is no unified application form, but it must be drawn up taking into account the content requirements.
• They include the grounds for the bailiff to perform certain actions, as well as the possibility of renewing the IP.

Grounds for termination of an individual entrepreneur

Termination is carried out in the following cases:

• the child is 18 years old;
• acquisition of full legal capacity by a child before adulthood;
• adoption of a minor by another person;
• establishing paternity in relation to another man, if the payer is not the biological father and the entry about him is canceled in the registry office by a court decision;
• death of a child or payer, recognition of the latter as dead or missing.

If the mother dies, this does not relieve the father from child support obligations. The funds must be transferred to the child’s bank account, which he can use after 18 years of age.

If the debtor demanded the suspension of the collection, for example, challenging the bailiff’s decision, then the collector has the right, after considering the complaint, to demand the renewal of the lien if the bailiff misses the moment and does not resume the case.

An application to resume enforcement proceedings is submitted:

• To the court that suspended it, if the suspension is inspired by the court;
• In the FSSP at the place of production of the Spanish actions if the case is frozen by the decision of the bailiff.

Application for resumption of enforcement proceedings on alimony (sample)

It is better to hire an experienced lawyer to draw up the application, but you can often try to draw up the document yourself. To do this, you need to correctly assess all the risks in order to avoid possible problems in the future.

Accordingly, the court order will not be executed during the period for which all actions are suspended. And here the question arises: how to resume enforcement proceedings on alimony? Answers to this and other related questions can be found in this article.

Reasons for suspension of production

In order to resume enforcement proceedings on awarded alimony, it is necessary to establish:

• how legal was the procedure for suspending collection;
• by what authority it was carried out, on what basis.

Art.

Sample application for the resumption of enforcement proceedings on alimony

In the first case, the obligations are stopped completely and the case of enforcement proceedings is transferred to the archive and cannot be initiated anew, for example, in the case of paying alimony for the entire period of maintaining the obligations with any real estate transferred into the ownership of a minor child.

Enforcement proceedings for alimony and any procedural actions aimed at fulfilling obligations on the part of the alimony-obliged person are regulated by Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”. This regulatory act establishes all the rights and obligations of bailiffs, as well as all the fundamental principles of collection activities.

2. In accordance with Art.
3. The reasons why the collection of alimony was suspended are also indicated.

• Reference to legislative acts proving the legality of the applicant’s actions.
• Below is a request to resume the procedure for withholding alimony payments.
• Bank account number, card, money transfer address.
• List of documentation attached to the application.
• The document ends with the date of writing and the signature of the applicant.

Download a sample application form for the resumption of enforcement proceedings

The applicant may contact the bailiffs to resume enforcement proceedings against the debtor after eliminating the reasons that became the reason for terminating alimony payments. The reasons why the fulfillment of alimony obligations may be suspended are given in Art. 39, 40 Federal Law of the Russian Federation No. 229.

• the alimony payer is in a medical institution;
• the debtor and his assets are wanted;
• the payer is in the ranks of the Armed Forces by conscription;
• there is a resolution to withhold money in favor of minors in another subject of the country (for example, if the debtor’s assets are located in another territory).

The application must be supported by evidence proving that the reasons that served as the basis for canceling alimony have lost their relevance.

If the court document (order, decision) was returned to the alimony payment collector, then it will need to be provided to the bailiffs again.

Resumption of alimony payments

After filing an application for renewal of alimony support, work on the execution of a court document (decision, order) begins on the same day.

Application for resumption of enforcement proceedings on alimony

Collectors of alimony often have questions in connection with the termination or suspension of the forced execution by officials of the Bailiff Service (SSP) of a judicial act on the payment of alimony, which can be caused by a variety of reasons. No less interesting is the possibility of resuming payments. How can this be done in practice?

Enforcement proceedings – stopping and resuming

First of all, it should be said that enforcement proceedings and all procedural actions related to them are regulated by Federal Law No. 229 “On Enforcement Proceedings”.

According to Article 44, the executive document on the basis of which alimony was collected is retained in the SSP.

What needs to be done to resume enforcement proceedings? You should contact the bailiff service department where the case was conducted and submit a corresponding application to the bailiff.

How to make an application?

Most likely, the local SSP office has samples of all the necessary documents, so filling out an application will not be difficult.

In the application to resume the collection of alimony, you must indicate:

1. Name of the court or department of the FSSP in which the claim is filed;
2. Full name of the creditor/debtor, as well as the name of the second party to the proceeding;
3. Description of the case:
   • When and by whom was alimony collected, in what amount, in whose favor;
   • The reasons that served as the basis for suspending the collection of alimony;
   • Details of the decision by which it was stopped;
4. Evidence that these reasons have ceased;
5. Links to legislation;
6. Request to resume alimony proceedings indicating the case number and details;
7. Personal signature and date of application.

The sample below is of a universal nature and can be used by you when filling out a request to resume production yourself.

Attention Before drawing it up, you need to make sure that there are no more reasons to suspend the individual entrepreneur and collect evidence.

The structure of the statement is as follows:

• In the upper right corner is the document header. The top line is the name of the body where the claim is filed: court, department of the FSSP. Next, indicate the address of the organization, the applicant’s full name and place of residence, the full name and coordinates of the interested person.
• Name of the document: “Application for the resumption of enforcement proceedings.”
• Content.

Sample application for the resumption of enforcement proceedings in the FSSP

Notarized agreement on payment of alimony. In this case, the document may concern both the withholding of funds from the parent for the child and for another family member.

Proceedings by the FSSP service for the forced withholding of funds for children are initiated on the basis of a corresponding application. In the normal course of affairs, the bailiffs either transfer the sheet to the debtor’s employer or independently take measures to withhold the funds.

However, in some cases, proceedings to collect alimony may be suspended for a number of reasons.

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Content:

• Enforcement proceedings for dummies. First acquaintance with the bailiff service.
• How to write a complaint to the prosecutor's office against bailiffs for alimony
• Application for resumption of enforcement proceedings
• Application for initiation of enforcement proceedings
• Initiation of enforcement proceedings for the collection of alimony
• Drawing up and submitting an application for the resumption of enforcement proceedings
• Sample documents

Enforcement proceedings for dummies. First acquaintance with the bailiff service

In order to resume enforcement proceedings on awarded alimony, it is necessary to establish: In short, the justice authority is obliged or has the right to suspend the procedure for collecting alimony in cases where any act issued by the justice authority or bailiffs is challenged.

For example, a complaint was filed against an act of an employee of the FSSP authorities. And also in situations where: The bailiff is obliged to suspend the proceedings in the following cases: The right of an FSSP employee to suspend proceedings appears if: Why is it necessary to know all the grounds for suspension?

To determine how legal it is and to submit a reasoned petition for the renewal of alimony. In addition, Art. In turn, Art. Also in cases established by law. What has already been discussed above.

In addition, the court may decide not only to resume proceedings, but also to reduce the period of its suspension.

The right to apply to the court with a corresponding application is available to: An application for the resumption of enforcement proceedings on awarded alimony is submitted to the judicial authority that dealt with the issue of suspending the withholding of funds in this case.

Form and content of the application It does not matter whether the claimant applies to the court or to the bailiff, it must have a certain form. But the most important thing in a document is its content. In some ways, this statement looks like a lawsuit, but it is not one.

So, the application for the resumption of enforcement proceedings must be written in such a way that from its text one can understand: Download a sample application for the resumption of enforcement proceedings Of course, in the application for the resumption of proceedings in the case certain requirements must be formulated, namely: In addition, there there must be a link to the documents attached to the application, the date of its preparation and the signature of the applicant.

How to write an application if you do not have a sufficient level of knowledge in the field of jurisprudence? It's simple: The sample application discussed in this article is also available on our website. You can get advice from a lawyer or entrust him with preparing the necessary application. How the claim is considered The court must resolve the issue within ten days.

All interested parties are summoned to the meeting room: However, if any of these persons did not appear at the meeting, this will not prevent the consideration of the issue on its merits. The main thing is that all the people mentioned are notified of the date, time and place of consideration of the application in the manner prescribed by law.

At the end of the court hearing, the judge makes a determination, on the basis of which: This determination is not final until it has acquired the force of law. The refusal can be appealed to higher courts. If you didn’t manage to achieve the desired result even the first time, then you shouldn’t give up.

Therefore, there is always a chance to achieve the desired solution. Thus, if the applicant is interested in having the collection procedure resumed, the main thing he needs to do is to collect and present to the court evidence indicating that the circumstances that caused the suspension of debt collection are no longer relevant.

The renewal of alimony, as already noted, can also be carried out on the basis of a decision of an official of the FSSP in cases provided for by law.

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How to write a complaint to the prosecutor's office against bailiffs for alimony

In order to resume enforcement proceedings on awarded alimony, it is necessary to establish: In short, the justice authority is obliged or has the right to suspend the procedure for collecting alimony in cases where any act issued by the justice authority or bailiffs is challenged. For example, a complaint was filed against an act of an employee of the FSSP authorities. And also in situations where:

Thus, a court decision must be followed by an equally significant legal procedure - enforcement proceedings for the collection of child support.

In this article we will help you understand the concepts that apply for a year and relate to enforcement proceedings for alimony.

Before meeting with a bailiff, it is better to familiarize yourself with the documents that regulate their work.

The list of grounds for ending enforcement proceedings provided for in Part 1 of Article 47 of the Law on Enforcement Proceedings is exhaustive.

The debtor's lack of property that can be foreclosed on entails the end of enforcement proceedings only if the bailiff took all measures permitted by law to find such property and they were unsuccessful.

The end of enforcement proceedings, including summary proceedings in connection with the actual fulfillment by the debtor or one of the joint and several debtors of the requirements contained in the executive document, is carried out if the bailiff has data confirming the fact of execution.

Application for resumption of enforcement proceedings

Termination of alimony proceedings means the actual fulfillment of all obligations of the debtor to the claimant, including for reasons beyond the latter’s control, for example, in connection with the death of one of the parties.

While completed implies the completion of the actual work of the bailiff on a specific case in connection with its periodic execution by the payer, this occurs when the writ of execution is sent to the place of employment of the debtor and the payment of alimony is withheld from his wages.

As for the suspension of enforcement proceedings, this is a temporary procedure, sometimes of a necessary procedural nature, for example, when the debtor is wanted or on a long business trip outside the country, entailing the possibility of its resumption at any time after the termination of the grounds for suspension.

Grounds for termination of enforcement proceedings on alimony General grounds for termination of enforcement proceedings are reflected in Art. Termination of enforcement proceedings for alimony implies the impossibility of its resumption precisely due to the causal connection, while completed proceedings can be resumed. Ivan R.

A year later, the boy was adopted by the new husband of the child’s mother. Ivan filed a claim with the magistrate’s court to terminate enforcement proceedings regarding the assignment of alimony due to the adoption of his son by another person. Based on the court decision, enforcement proceedings against Ivan were terminated.

In some situations, alimony proceedings are terminated automatically, for example, when the child reaches the age of 18; in other cases, it is better for the alimony payer to notify the bailiff about the termination by writing a statement attaching his documentary grounds for the court decision to challenge paternity, adoption, etc.

Application for initiation of enforcement proceedings

Sending a writ of execution or other document to receive alimony through the FSSP does not always guarantee receipt of the necessary funds. One of the reasons why the debt amount is not withheld is the suspension of the procedure for collecting funds for the maintenance of a minor.

Let's figure out how to draw up an application for the resumption of enforcement proceedings on alimony. Reasons for suspending the collection of funds for child support. The grounds for suspending the collection of alimony are provided for in Art.

In some cases, payments will be suspended unconditionally, and in other situations, the decision on this issue is left to the discretion of the judge or bailiff.

Resumption of enforcement proceedings on alimony is allowed after completion or suspension. The initiator can be a claimant, a debtor or a bailiff. Also, the renewal procedure is allowed by court decision. Resumption of enforcement proceedings on alimony:

Initiation of enforcement proceedings for the collection of alimony

Articles for lawyers Enforcement proceedings for dummies. First acquaintance with the bailiff service. The lengthy trial is over, and you finally have a writ of execution in your hands, which you can present to the bailiff service for enforcement.

WATCH THE VIDEO ON THE TOPIC: How to make the correct request to the FSSP of the Russian Federation

Home Enforcement proceedings for the collection of alimony Initiation of enforcement proceedings for the collection of alimony Initiation of enforcement proceedings for the collection of alimony When the judicial process for the assignment of alimony has passed, the question arises of how to directly assign the awarded payments in order to wait for their actual receipt.

In order for the debtor to be officially declared a payer of alimony in relation to the claimant and begin to deduct funds or re-register property, the interested party, that is, the recipient of the funds, must take measures to initiate enforcement proceedings.

Enforcement proceedings are legal measures aimed at the enforcement of a court decision, a court order, an agreement in relation to the payer-debtor, in order to satisfy the legal rights to payments of a needy claimant.

To begin initiating enforcement proceedings, the claimant needs to obtain a judicial basis - a writ of execution, as well as prepare title documents of the parties, collect the maximum available information about the debtor, if possible, and on the reception day contact the territorial department of the FSSP for the subsequent fulfillment of the debtor’s obligations on the merits.

The powers to initiate and refuse to initiate, conduct, suspend, and resume enforcement proceedings belong to the Federal Bailiff Service, further referred to as the FSSP, a separate unit of which in terms of conducting a specific case is the bailiff.

Drawing up and submitting an application for the resumption of enforcement proceedings

Comments from Rossiyskaya Gazeta The Supreme Court allowed the seizure of the only housing of debtors. In order to uniformly apply the legislation by courts when considering certain issues arising during enforcement proceedings, the Plenum of the Supreme Court of the Russian Federation, guided by the article of the Constitution of the Russian Federation, articles 2, 5 of the Federal Constitutional Law of February 5, 2018 N 3-FKZ “On the Supreme Court of the Russian Federation”, decides to provide the following clarifications. The procedure for consideration by courts of claims and issues related to the execution of executive documents 1. Judicial protection of the rights, freedoms and legitimate interests of citizens and organizations during the forced execution of judicial acts, acts of other bodies and officials is carried out in the manner of claim proceedings according to the norms of the Civil Procedure Code of the Russian Federation further — Civil Procedure Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation, hereinafter — the Arbitration Procedure Code of the Russian Federation, administrative proceedings — according to the norms of the Code of Administrative Proceedings of the Russian Federation, hereinafter — the CAS of the Russian Federation and proceedings in cases arising from administrative and other public legal relations, — according to the norms of the Arbitration Procedure Code of the Russian Federation, taking into account the distribution of competence between ships. At the same time, if the determination of the civil rights and obligations of the parties to enforcement proceedings, as well as other interested parties, depends on the resolution of these requirements, these requirements are considered in the manner of claim proceedings. Complaints against decisions of officials of the FSSP of Russia in cases of administrative offenses, applications for challenging decisions of these officials on bringing to administrative responsibility are considered, respectively, by courts of general jurisdiction in accordance with the rules of the Code of Administrative Offenses of the Russian Federation, hereinafter referred to as the Code of Administrative Offenses of the Russian Federation, and by arbitration courts - according to the rules Chapter 25 of the Arbitration Procedure Code of the Russian Federation. Issues of enforcement proceedings within the competence of the courts are resolved in accordance with Section VII of the Code of Civil Procedure of the Russian Federation, which regulates proceedings related to the execution of court decisions and decisions of other bodies, with Section VIII of the CAS of the Russian Federation, which regulates the consideration of procedural issues related to the execution of judicial acts in administrative cases. and resolved by courts of general jurisdiction, with Section VII of the Arbitration Procedure Code of the Russian Federation, which regulates proceedings in cases related to the execution of judicial acts of arbitration courts.

You present a writ of execution to the bank with your application, in which you ask the bank to make deductions from the debtor.

New in the legislation on enforcement proceedings New in the legislation on enforcement proceedings January 22 Anton Filimonov On January 10, a number of changes to the legislation in the field of enforcement proceedings came into force.

The procedure for fulfilling requirements for the release of non-residential premises, land plots, demolition of structures and buildings has been fixed, and the amount of the enforcement fee has been revised.

Sample documents

Application for initiation of enforcement proceedings It is upon the claimant's application that enforcement proceedings are initiated and the court decision is enforced. The application must be submitted to the bailiff department where the execution will take place.

Signature of the applicant and date of preparation. Sample complaint against bailiffs to the prosecutor's office for the collection of alimony to the Prosecutor of the city of Krasnodar, senior justice adviser A.

Contact number:

No less interesting is the possibility of resuming payments. How can this be done in practice? According to Article 44, the executive document on the basis of which alimony was collected is retained in the SSP.

If the process of forced fulfillment of alimony obligations was terminated legally, the document cannot be resubmitted for execution.

If procedural actions were temporarily suspended for reasons provided by law, it can be resumed - at the initiative of an official of the SSP or the recoverer of funds in accordance with Article 45 of the above law.

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Application for the resumption of enforcement proceedings on alimony: sample 2023

At the initiative of the recipient of alimony payments, the payer, or by court decision, the withholding of funds in favor of children may be resumed.

The procedure for resuming the collection of alimony is allowed after its suspension or completion.

In order to withhold money after the suspension of payments, the interested person will need to draw up an application for the resumption of enforcement proceedings on alimony.

Termination and resumption of enforcement proceedings

If the withholding of alimony payments was suspended for some reason, then in the future it will be possible to collect the debt only for the past 3 years.

The procedure for enforcement proceedings and other procedural work is regulated by Federal Law of the Russian Federation No. 229 “On Enforcement Proceedings”. The executive documentation, which serves as the basis for withholding alimony, is stored in the FSSP.

In the event that the forced collection of funds in favor of the children is stopped on legal grounds, neither party can re-announce the beginning of the collection of alimony after the end of the period of fulfillment of obligations.

To resume the procedure for collecting alimony payments, the interested person should contact the FSSP, where the enforcement documentation was submitted. To start withholding money, you will need to write a corresponding application.

If the payment of alimony was suspended by court order, then in order to resume the withholding of alimony, you must contact the court that made the corresponding decision.

The fulfillment of alimony obligations may be terminated in whole or in part. In the latter case, part of the money will not be transferred to the claimant’s account if one of the parties submits an application to review the recalculation of the amount of alimony carried out by the bailiff.

Writing an application

Ready-made application forms are available at the FSSP offices at the information desk. But for convenience, an interested citizen can independently write an application and come to the bailiffs with ready-made documents. When writing an application, you should adhere to the following recommendations:

1. The “header” indicates the name and address details of the FSSP branch.
2. Below is information about the alimony recipient and payer (full name, address, mobile number).
3. The main part of the document begins with an explanation of the circumstances: the date of commencement of enforcement proceedings, references to the court documentation that served as the basis for the beginning of the withholding of alimony. The reasons why the collection of alimony was suspended are also indicated.
4. Reference to legislative acts proving the legality of the applicant’s actions.
5. Below is a request to resume the procedure for withholding alimony payments.
6. Bank account number, card, money transfer address.
7. List of documentation attached to the application.
8. The document ends with the date of writing and the signature of the applicant.

Download a sample application form for the resumption of enforcement proceedings

The applicant may contact the bailiffs to resume enforcement proceedings against the debtor after eliminating the reasons that became the reason for terminating alimony payments.

The reasons why the fulfillment of alimony obligations may be suspended are given in Art. 39, 40 Federal Law of the Russian Federation No. 229.

Legislators have determined the grounds on which the withholding of alimony payments is suspended without fail and the circumstances in the event of which further fulfillment of alimony obligations is carried out at the discretion of the court or the FSSP.

Circumstances the occurrence of which leads to a mandatory termination of alimony payments include:

• establishment of the incapacity of the alimony payer by a court decision;
• the presence of the payer or recipient of alimony in “hot spots” within the aircraft (you will need to fill out an application);
• if the debtor is a citizen of another country and he does not have property, the sale of which will allow him to pay off the alimony debt.

The issue of suspension of alimony payments will be considered if:

• the parties dispute the court document on the assignment of alimony payments;
• one of the parents demands that the alimony agreement be declared invalid;
• the alimony payer faces a long business trip;
• one of the participants wants to appeal the decision on forced withholding of alimony payments;
• the parent went to court to clarify the methodology for withholding child support payments;
• the alimony payer is in a medical institution;
• the debtor and his assets are wanted;
• the payer is in the ranks of the Armed Forces by conscription;
• there is a resolution to withhold money in favor of minors in another subject of the country (for example, if the debtor’s assets are located in another territory).

The application must be supported by evidence proving that the reasons that served as the basis for canceling alimony have lost their relevance.

If the court document (order, decision) was returned to the alimony payment collector, then it will need to be provided to the bailiffs again.

Resumption of alimony payments

After filing an application for renewal of alimony support, work on the execution of a court document (decision, order) begins on the same day.

Within 5 working days, the bailiff in a civil case will notify the debtor about the start of the procedure for withholding alimony payments.

A notification will be sent to the alimony payer about the need to fulfill alimony obligations voluntarily or compulsorily.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :

Application for resumption of enforcement proceedings on alimony

Enforcement proceedings on alimony, previously suspended at the initiative of the claimant or by court decision, can be resumed on the basis of a corresponding application. In the article we will look at how to draw up an application for the resumption of enforcement proceedings for alimony, where the document should be submitted, what is the period for restoring the collection of alimony under various circumstances.

Grounds for suspending the collection of alimony

Application for resumption of enforcement proceedings on alimony

In accordance with the provisions of Federal Law 229, enforcement proceedings may be suspended in connection with the following grounds:

1. Revocation of the writ of execution by the claimant . Within 3 years from the date of initiation of enforcement proceedings, the claimant may withdraw the writ of execution, without giving reasons. The basis for suspending collections is the application of the recipient of alimony to the FSSP (Federal Bailiff Service) with an application (the form can be downloaded here ), a copy of the writ of execution, the proceedings on which are subject to suspension, and a receipt for payment of the enforcement fee (7% of the amount of deductions, but not less than 1,000 rub.).
2. The defendant's stay in prison . If the defendant in enforcement proceedings is convicted of a crime or is under investigation and is therefore deprived of liberty, then the collection of alimony from such a person is temporarily terminated on the basis of a court decision. A similar procedure applies to citizens deprived of their liberty on the territory of a foreign state, in places of hostilities (being in captivity).
3. The inability of the defendant to pay alimony obligations . The court may suspend enforcement proceedings due to the defendant’s lack of funds that can be collected. This is possible if there are valid reasons, such as inability to find employment due to a long-term illness, injury, post-operative rehabilitation, pregnancy, etc.

Read also the article ⇒ “Suspension of enforcement proceedings on alimony.”

Previously suspended enforcement proceedings may be resumed at the initiative of the claimant or by a court decision. The basis for restoring the foreclosure is an application drawn up by the plaintiff, defendant or bailiff.

How to compose

The current legislation does not establish the form according to which an application for the resumption of enforcement proceedings on alimony must be drawn up. The document can be drawn up in free form, but with mandatory compliance with the rules approved by the Civil Code of the Russian Federation and the federal law on enforcement proceedings.

An application for resumption of alimony collection must contain:

• name of the document (Application for the resumption of enforcement proceedings on alimony);
• date of application;
• name of the authority to which the application is submitted (district court), postal address;
• information about the applicant and the interested person (full name, passport details, postal address, contact telephone number).

In the text of the document, the applicant must clearly and consistently provide the following information:

• the fact of initiating enforcement proceedings for alimony, indicating the grounds (maintenance of a child, disabled relative), number and date of the writ of execution;
• information on the suspension of the collection of alimony in connection with the withdrawal of the claimant or on the basis of a court decision, indicating the documentary basis (date and number of the FSSP resolution or court decision);
• the need to resume enforcement proceedings in accordance with Federal Law-229 (Article 45) and the Civil Procedure Code (Article 438).

If the reason for suspending the collection of alimony was the impossibility of making payments due to the financial situation of the payer, then the application should indicate that these circumstances have been eliminated, and, as a consequence, the possibility of resuming collections (The reasons or circumstances that served as the basis for suspending the execution of the decision have been eliminated).

If the withholding of alimony was suspended at the initiative of the claimant, then in the application it is necessary to indicate the desire of the claimant to resume payments on the basis of Art. 45 FZ-229 and Art. 438 Code of Civil Procedure of the Russian Federation.

When drawing up an application, it is mandatory not only to indicate the details of the documents that serve as the basis for initiating and suspending enforcement proceedings, but also to reflect these documents as appendices to the application (I am attaching to the application the writ of execution No.___ dated ____, etc.).

Where and when to apply for the resumption of enforcement proceedings on alimony

The procedure for resuming enforcement proceedings for alimony depends on the conditions under which the collection of funds was suspended.

The deduction is suspended by the claimant

If the collection was suspended due to the withdrawal of the claimant , then the resumption of deductions is carried out in the following order:

1. The claimant, who previously revoked the writ of execution, fills out an application for the resumption of enforcement proceedings in the manner described above (the form can be downloaded here ⇒ Application for the resumption of enforcement proceedings for alimony (revocation of the claimant)).
2. Before applying to resume enforcement proceedings for alimony, the claimant must pay an enforcement fee in the amount of 7% of the amount of penalties, but not less than 1,000 rubles.
3. Having completed the application, the citizen applies to the district court at the place where the court decision on the collection of alimony was made. The claimant must have with him:

• passport;
• a receipt for payment of the enforcement fee;
• application in 2 copies;
• a copy of the writ of execution, the proceedings on which were suspended;
• a copy of the FSSP resolution on the suspension of deductions in connection with the withdrawal of the writ of execution by the claimant.

Upon the applicant's appeal, the case for the resumption of enforcement proceedings is considered by the court in accordance with the general procedure.

The basis for the resumption of penalties is a court decision and a resolution of the FSSP drawn up on its basis.

One copy of the resolution is handed over to the claimant for review, the second - to the defendant’s employer for the purpose of withholding alimony and transferring the established amounts to the recipient of the funds.

The period during which the claimant can apply to the judicial authority to resume enforcement proceedings is 3 years from the date of termination of collections.

Read also the article ⇒ “Termination of enforcement proceedings for alimony.”

Enforcement proceedings suspended by the court

If the collection of alimony was suspended by the court due to the inability of the defendant to pay funds for good reasons (illness, pregnancy, disability, stay in prison, etc.), then if these circumstances are eliminated, enforcement proceedings are resumed on the basis of an appeal to the court by the interested person .

As a rule, the restoration of withholdings is initiated by the claimant who has evidence that the defendant is currently able to pay alimony.

For example, if enforcement proceedings were suspended due to a long-term illness, then the claimant can resume deductions, having documentary evidence of the defendant’s current ability to work (medical report, witness testimony or certificate of employment, if the defendant is already employed).

In such cases, the restoration of penalties is carried out in the following order:

1. The claimant or other interested party applies to the court with an application to resume enforcement proceedings on alimony (the form can be downloaded here ⇒ Application to resume enforcement proceedings on alimony (general procedure)). Along with the application, the claimant submits to the court documentary evidence of the elimination of the circumstances that previously served as the reason for suspending collections.
2. The court considers the applicant's appeal in the general manner. If the reasons on which the collection was terminated are actually eliminated, then the court makes a decision to resume the deductions.
3. Based on the court decision, the FSSP issues a resolution to resume previously suspended enforcement proceedings. One copy of the resolution is handed over to the claimant for review, the second - to the defendant’s employer for the purpose of withholding alimony and transferring the established amounts to the recipient of the funds.

The period during which enforcement proceedings previously suspended by the court can be resumed is not established by law.

This means that an interested person can apply to the court to resume collections at any time from the moment the reasons that stopped the deductions are eliminated, then the occurrence of circumstances according to which the collection is considered unfounded (death of the defendant, the child reaches the age of majority, etc.).

Read also the article ⇒ “How to resume enforcement proceedings on alimony.”

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