Validity period of the writ of execution for alimony

Courts related to debt collection end with the issuance of a writ of execution. Often, both payers and those to whom the collected amounts are owed have many questions - what are the deadlines established by law, is it possible to stop a machine that is already running, what to do if the money never arrives?

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Validity period of the writ of execution for alimony

A writ of execution is, in fact, a document according to which the executive services demand, following the results of a court of any instance, compensation for debts of all kinds . This document has a specific form, in accordance with Article 200 of the Arbitration Procedure Code of the Russian Federation and Article 8 of the Federal Law “On Enforcement Proceedings” .

A sheet is issued by a court that ended in a win, and gives the relevant authorities the rights to seize property or funds from an opponent who failed to win in court . The court can be anything:

• civil;
• arbitration;
• arbitration

If mom and dad, during the divorce, drew up an agreement, according to which the father had to transfer money to his ex-wife for the maintenance of the children , but did not keep his promises, and the agreement was sent by the court to the bailiffs as a writ of execution, then now a real writ of execution is issued .

The sheet itself will not appear in the executive service; it must be obtained, but only after the issuance of a decision or decree (Article 428 of the Code of Civil Procedure of the Russian Federation), that is, when the time comes for the legal entry into force of the document.

• The plaintiff, who has won the process, so that the case moves faster, has no other way than to find time to travel to court literally the very next day after the issuance of the decision to submit to the office a special application for the issuance of a writ of execution .
• Only by receiving the treasured paper in your hands and handing it over to the bailiff service can you assume that there is hope for receiving what the court promised in its decision.
• However, sometimes the sheet is sent directly from the court to the bailiffs (when it concerns compensation for damage as a result of a crime or the loss of a breadwinner).

Collection due to other circumstances

Every document has an expiration date. The writ of execution can be :

• return of stolen property (funds, objects, children, etc.);
• compensation for damage caused by the crime;
• compensation for moral damage;
• payment of wages to an illegally dismissed employee and in all other cases,

A writ of execution for debt collection is valid for three years from the date of entry into law of the judicial act that served as the basis for issuing the writ.

For alimony

The document for the collection of alimony is valid until:

1. the child reaches the age of 18 or the date of his death;
2. death of a parent (when payments are intended for an infirm parent).

Even on the eve of the child’s 18th birthday, you can present a worksheet for execution, but the debt will be collected only for the past 3 years , the earlier period will remain unreimbursed, which is also the plaintiff’s fault.

We recommend that you read about the collection of alimony for the past period here.

The validity period is considered interrupted on the commencement date of execution.

Presentation of the document to the bailiffs for execution

Not everyone turns to the bailiffs as soon as they receive the paper in their hands. When the defendant has given a positive response to the payment of the debt without the intervention of executive authorities, the document remains with the plaintiff until payments cease to be received .

The main thing is not to miss the expiration date. This means that you can present the sheet to the bailiffs throughout the entire validity period of the document.

should be submitted to the bailiff service with a request for acceptance into proceedings and collection . The attachment will be documents received in court (the sheet itself and the resolution).

1. From the date of circulation and receipt of papers by the joint venture, a period of 3 days is given, and from this moment the production time is calculated.
2. But the applicant cannot always breathe easy - having started working with the documents, the specialist may discover inconsistencies, ambiguities, contradictions, errors or typos.
3. Then the entire package of papers is returned to the applicant , who is again forced to go to court, where new documents will be issued.
4. A new countdown of the deadline begins 3 days after the bailiffs receive the correct papers.

Procedure for working with a debtor

Next, the bailiff contacts the debtor, informs him about the start of the debt collection procedure and offers to solve the problem within 5 days without the intervention of authorities .

If the debtor fails to act, the machine of the executive bodies is turned on and the following actions are performed:

• a paper is sent to the place of work demanding that the debt be deducted from the salary;
• in banking institutions are seized
• If there are no other possibilities to collect debts, the property will be seized and sold to pay off the debt.

It is quite possible to receive money under a writ of execution if the debtor works, has savings or decent property.

Is it possible to suspend production?

The debt collection process can be suspended if:

• the defendant or plaintiff is performing military duty or is absent due to being on a long business trip ;
• the defendant has ceased to have legal capacity and has lost the ability to be a defendant;
• the debtor died;
• the debtor does not recognize the legality of the writ of execution;
• The defendant began an appeal against the act that was the basis for issuing the sheet.

The bailiff can also suspend the proceedings if he discovers shortcomings or inconsistencies in the work process and has questions for the court.

For how long?

There is no single deadline established by law ; each particular case has its own characteristics, from which the period for suspension of execution follows. The suspension period will expire when :

1. the time spent by the main participants in the process in the army, on a business trip, or for treatment will end;
2. in the event of the death of the debtor, his heirs will enter into the inheritance;
3. the court will make a decision in the case on the validity of issuing the writ of execution;
4. the court will complete the proceedings on the bailiff's claims.

The answer to the question about the period of suspension can be summarized as follows: the period of suspension ends when the circumstances that caused the suspension cease. Further, the proceedings on the writ of execution will be resumed.

Return of the writ of execution

There are situations when a document is returned by bailiff service employees without starting proceedings on it . This happens when a specialist, in the course of familiarizing himself with the case and studying the welfare of the defendant, establishes a complete lack of funds :

• the defendant does not work , does not receive a scholarship or pension, benefits, etc. social benefits;
• The debtor does not have any property , so there is nothing to seize and sell.

The law allows 3 days for the applicant to return the paper without producing it (from the date the papers were received by the bailiffs). The next attempt to appeal is allowed at least 6 months after the return.

An important point here regarding the validity period of the paper: the suspension time is subtracted from the validity period , that is, the countdown of the period begins from zero.

The number of requests is not limited by law , and the validity period of the sheet in these cases remains practically untouched, but you should not really count on receiving debts.

What to do if deadlines are missed?

When the validity period of a document has passed, the bailiffs will refuse to accept it for production, but the period can be restored. To do this, you need to go to court again and justify your inaction.

The law does not specify specific reasons , the main thing is that they seem important and convincing to the court, then the term will be restored , but in this case it will only be six months.

If the lawsuit ends in a win, the plaintiff should not shelve the procedure for obtaining compensation for his debts . People with an excessively busy work schedule should consider the option of hiring a trusted person who can go to court in the enforcement service.

• If you know all the nuances, then the period can be extended by suspending the case in the event of a long absence for official or government reasons.
• We recommend watching the video about recovery under a writ of execution:

Validity period of the writ of execution for alimony

Home / Alimony / Validity of the writ of execution for alimony

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In most claims for alimony, the court makes a positive decision. After this, the court issues a document containing information about the recipient and payer of alimony, the amount and procedure for payment of funds.

A writ of execution for alimony is the main document with the help of which a court decision can be carried out. Moreover, the court decision on the payment of alimony is subject to immediate execution, so the document is sent to the bailiff department even before the court decision enters into legal force.

In addition, a writ of execution can be issued directly to the recipient of alimony, who has the right to dispose of it at his own discretion.

What to do with a writ of execution?

Alimony obligations begin not from the moment the writ of execution lands on the bailiff’s desk, but from the moment the statement of claim is accepted by the court office.

No matter how long the court hearing of the claim takes, child support obligations are already assigned to the parent.

When will the court decision be implemented? This partly depends on the claimant. The law provides him with several ways to enforce a court decision:

• Submit a writ of execution and an application for opening enforcement proceedings to the SSP unit at the place of residence of the alimony payer . This can be done either during a personal visit or by sending it by registered mail with a description of the attachments;
• Submit the document to the enterprise, institution, organization where the alimony payer works, to the division of the pension fund where the pension or social benefit is calculated, to the educational institution where the scholarship is awarded, etc. The writ of execution will be transferred to the accounting department - to carry out calculations and transfers of funds from wages, scholarships, pensions, and alimony payer's benefits.

In addition, the law does not deprive the recipient of alimony of the opportunity to independently collect the required amounts of money. For example, the alimony payer can voluntarily make the necessary transfers - against receipt.

Deadline for submitting a writ of execution

As for the deadline for submitting a writ of execution to the SSP, the law contains contradictory provisions that can mislead uninformed citizens.

As a general rule, the period for submitting a writ of execution is 3 years and is calculated from the moment the court decision on the basis of which it was issued comes into force.

However, in cases of alimony obligations (as well as in other cases involving periodic cash payments), the validity period of the writ of execution will be different.

You can submit a writ of execution throughout the entire period of alimony obligations. In addition, a three-year statute of limitations applies.

For example, if we are talking about alimony for a minor child, then forced collection is possible before reaching the age of majority, and if the child is already 18 years old, another 3 years after that you can use the statute of limitations. Moreover, alimony will be collected for the entire period - starting from the application to the court and until the moment of application to the SSP.

So, even the presence of a writ of execution in the hands of the alimony recipient does not oblige him to immediately contact the bailiff. You can reach an “amicable” agreement with the alimony payer.

However, the very fact of having a document provides a guarantee of forced fulfillment of alimony obligations in the event of voluntary non-fulfillment.

You can contact the bailiff throughout the entire period of validity of the writ of execution.

Validity period of the writ of execution for alimony

• Family law makes the protection of children a primary goal, establishing various legal mechanisms for the implementation of this principle.
• The collection of child support is one of the most common legal proceedings, and the court, as a rule, satisfies claims for the recovery of alimony from a negligent parent.
• Upon completion of the trial, a writ of execution is issued - a document with which the court decision can be executed.
• Usually, people who are far from jurisprudence do not understand at all what kind of document this is and what needs to be done with it.

What to do with a writ of execution?

Before moving on to considering the actual procedure for using a writ of execution, it is necessary to say a few words directly about the rules of legal proceedings.

If it was not possible to voluntarily agree with the other party on the payment of alimony for the maintenance of a common child, then to protect your rights, and first of all the rights of the child, you can go to court with a corresponding statement of claim.

After the case is accepted for proceedings, the trial is conducted according to the rules and within the time limits established by the Civil Procedure Code of the Russian Federation (hereinafter also referred to as the “Civil Procedure Code of the Russian Federation”), a court decision is made, which, as a general rule, comes into force after 10 days (unless appealed). ).

1. Moreover, if the court decision is appealed within the time limits established by law, and the initial court decision is canceled, then the writ of execution will be revoked.
2. If a court decision is made in favor of collecting alimony (let’s say it will not be appealed), what should you do next with the issued writ of execution?
3. Usually, employees of the court office, being heavily loaded with cases, do not explain what to do with the writ of execution (hereinafter also referred to as “IL”), and where it should be sent.
4. There may be several options, let's consider them:

1. Do not submit a writ of execution anywhere. Perhaps, when the defendant sees that the court decision was not made in his favor, and that he already has an “instrument of influence” in his hands to forcefully collect funds, he himself will fulfill all the conditions of the court decision, starting to issue the amounts due on receipt;
2. If the alimony payer is officially employed, then a convenient option would be to send a writ of execution to the employer. In this case, the accounting department will make all necessary deductions directly from wages. Together with the writ of execution, it is necessary to attach an application indicating all the necessary details where the transfer will be made;
3. If the alimony payer does not officially work anywhere, or his place of work is not known, and he himself is still not going to pay anything, then there are not many options left - you need to contact the Federal Bailiff Service (hereinafter also referred to as “FSSP”, “bailiffs”) ", "bailiffs"). This is an executive body that is responsible for the enforcement of court decisions.

The IL is submitted to the FSSP department at the place of residence or work of the alimony payer, and if they are not known, then at the location of his property.

If the claimant finds it difficult to determine which branch of the FSSP the documents should be sent to, then they can be sent to the chief bailiff for the relevant constituent entity of the Russian Federation. Next, he himself will determine the necessary department, which will deal with direct enforcement proceedings in this case.

After the writ of execution is accepted, the bailiffs will launch the enforcement procedure, in accordance with the Federal Law “On Enforcement Proceedings”. All procedural aspects and deadlines that will guide the bailiffs during the execution process are regulated by this law.

As mentioned above, a writ of execution can be submitted to the bailiff service or the employer immediately after a court decision is made and the IL is received in hand. However, when to “put this document into operation” must be determined directly by the winning party in court.

Most often, they try to use the writ of execution immediately, but there are situations when, for one reason or another, its use is postponed.

If you keep IL for some time, as they say, “under the carpet,” then in any case it will not lose its legal force:

• during the period of child support obligations (until the child reaches the age of majority, or in the presence of other circumstances, which will be indicated below);
• after the end of the period of alimony obligations during the general limitation period (3 years, but only in relation to this period, and no more - for the remaining years the limitation period will be considered missed).

The writ of execution will lose force only in the following cases:

• the ward for whose maintenance alimony was paid reaches the age of majority (if alimony was not paid for his maintenance, then within 3 years it is possible to recover amounts for the same period even after reaching the age of majority);
• emancipation (acquisition of legal capacity before reaching the age of majority);
• the child was adopted by other people;
• the ward died;
• the alimony payer has died or been declared incompetent.

• In the same cases, if the alimony payer lost his job, retired, started a new family or had new children, the validity of the IL does not cease or be suspended.
• It is important to note that if the alimony payer’s life situation has deteriorated significantly, for example, the house burned down or he was left without a livelihood, then the amount of alimony paid can be reduced in court.
• It was already noted above that the actions of bailiffs are regulated by the norms of the Federal Law “On Enforcement Proceedings”.
• According to this law, after receiving an application from the claimant and a writ of execution, the bailiff opens enforcement proceedings for this category of cases within 24 hours.
• A voluntary deadline for the debtor to fulfill alimony obligations is not established.
• In the application, the claimant has the right to indicate all the facts known to him about the debtor’s property status, place of work, property he owns, as well as indicate other similar information that will help the bailiffs carry out enforcement more quickly.
• In the decision to initiate enforcement proceedings, the bailiff will indicate to the debtor the need to provide information about property that, by law, cannot be foreclosed on.

Such property is defined in Article 446 of the Code of Civil Procedure of the Russian Federation. This includes, in particular, residential premises, which are the only one for the debtor, prizes and awards, household items, and some other property determined by the specified article of the law.

Otherwise, the bailiff has fairly extensive powers. In particular, he has the right:

• transfer a writ of execution to the employer to carry out deductions from wages (the claimant himself also has this right);
•  send requests through interdepartmental interaction channels to the tax authorities, Rosreestr, and the State Traffic Safety Inspectorate regarding the identification of property that may be subject to foreclosure;
• seize property;
• announce a search for the debtor, restrict his travel outside the country.

1. If the debtor, despite all the measures taken, has not fulfilled the obligation to pay sums of money in kind, then the property that has been seized can be sold at public auction in the manner prescribed by law, and the proceeds from this sale will be transferred to the recoverer.
2. There are also situations when the writ of execution is returned to the claimant from the bailiffs without execution.
3. This happens in cases where the bailiffs, during the execution, established that:

• the debtor does not work anywhere and does not receive any other income;
• the debtor does not have property on which, according to the law, it is permissible to impose a penalty.

After returning the IL, the countdown of its validity period is reset to zero. The next attempt to contact the bailiff service is allowed after 6 months. Perhaps during this time the debtor will have some income or acquire property that can be recovered.

If, after the repeated application, it is confirmed that the debtor continues to remain a “starve”, then after another 6 months it will be possible to repeat the procedure. It can be repeated an unlimited number of times.

What to do if deadlines are missed?

When a positive court decision has been made and a writ of execution has been received, there is no point in postponing the issue of exercising your rights - it is better to immediately contact the FSSP or resolve the issue directly through the employer.

As already noted, the deadline for submitting an IL for alimony as a general rule, in the absence of other circumstances, is until the ward reaches the age of majority and plus 3 years on top.

In accordance with Article 21 of the Federal Law “On Enforcement Proceedings,” writs of execution, which contain demands for the transfer of periodic payments to a party, can be presented for execution during the entire period for which they are awarded, as well as within three years after its expiration.

• Thus, IL cannot expire before the very grounds for execution disappear.
• If for some reason the bailiff refuses to accept the IL for proceedings, then you can file a complaint against it with a higher authority.
• A much more pressing problem may be the loss of the writ of execution.
• If the document is lost directly by the claimant, then it will be necessary to go to court again to issue a duplicate, which will have legal force equivalent to the lost original.

If the document is lost due to the fault of the FSSP, the accounting department of the employer to whom it was transferred for execution, then the guilty persons will also bear administrative responsibility. In this case, the court will, of course, also issue a duplicate.

You can also contact your employer and the bailiff service with a duplicate.

The legislation allows for a differentiated approach to fulfilling the requirements of the executive document. The claimant can try to peacefully resolve the issue with the debtor, “intimidating” him with a court decision and a writ of execution, or contact the employer directly if the debtor’s place of work is known.

Whatever method is chosen, the main thing is that the child does not become a hostage to these “money squabbles” between parents.

Validity of a writ of execution for alimony in the Russian Federation

What is this document?

A writ of execution for alimony is a document according to which the bailiff will demand from the defendant compensation of the entire unpaid amount for the child. This paper is drawn up in accordance with the Federal Law “On Enforcement Proceedings”.

It must be sent only after the court has completed proceedings in favor of the plaintiff (the parent raising the child and not receiving the required alimony) and satisfies the demands stated in the lawsuit for the need to collect alimony.

The sheet will not be sent to the enforcement service on its own; it must be obtained. This is done after the above-mentioned court order or decision is issued to the plaintiff.

Only after the plaintiff receives a writ of execution and submits it to the bailiff service, the process of collecting alimony arrears begins.

If the defendant has more than one place of work, then the plaintiff will receive several writs of execution - one for each place of work of the defendant. In essence, this document is a guarantee of mandatory receipt of alimony payments.

Document validity period

A writ of execution for alimony, like any other document demanding periodic payments, can be presented for sale throughout the entire time for which the payments were assigned, as well as for 3 years after this period.

How to send a sheet for execution?

After the defendant has voluntarily agreed to pay alimony before the intervention of the executive body, the plaintiff needs to keep the sheet until payments stop coming.

If, in order to receive alimony, the plaintiff still requires help from the bailiffs, it is necessary to send an application and attach to it the resolution and the writ of execution itself.

Next, a period of three days is allotted, after which production on the sheet begins. There may also be situations where documents are submitted with errors or not in full.

There are also a number of rules for filing a writ of execution. For example, according to the Federal Law “On Enforcement Proceedings,” a writ of execution will need to be filed at the place where enforcement and exaction actions are carried out.

Since in the matter of alimony the debtor is an individual, all enforcement actions will be carried out by a bailiff at his place of residence or location.

If the bailiffs are unable to obtain information about where the alimony defaulter currently lives, then all enforcement measures and actions will be carried out at the place of residence that was known as the last one.

To summarize, we can indicate that a writ of execution for alimony is the starting element for collecting debt from the alimony payer if he refuses to make payments voluntarily. If the document is drawn up correctly, it will be considered valid until the child reaches the age of majority.

Deadline for execution of a writ of execution by bailiffs

MIP Encyclopedia » Bailiffs » Deadline for execution of a writ of execution by bailiffs

Content

People go to court for various reasons, but one of the most popular is to collect debts from a debtor. Most often, such courts end with the issuance of a writ of execution to the debtor. Having received it in his hands, a person has many questions.

For example: “When should the debt be paid?”, “Is it possible to change the court decision?”, “What measure can be imposed if the debtor does not pay the debt?”

We will try to answer all these questions in our article, but first you should understand what a writ of execution is.

Performance list. What is this?

This document sets out the main types of requirements that must be fulfilled by the debtor within a certain period of time.

In addition, this document gives the right to the relevant authorities to seize the property and financial resources of the debtor and direct them to pay off the debt.

This document is drawn up in accordance with the requirements of the Federal Law in force throughout the Russian Federation.

Who issues the writ of execution?

This document is issued at the court office only if it ends positively for the plaintiff. This document is issued regardless of the type of trial held:

1. Civil;
2. Arbitration;
3. Treteysky.

How to obtain a writ of execution?

The writ of execution will not appear in the bailiff service on its own. The plaintiff must go to the court office after the completion of the trial to obtain the document. The writ of execution comes into effect only after the court makes a decision or ruling.

In order to receive the sheet in hand, the plaintiff must fill out an application.

In some cases, the writ of execution is sent independently after the trial to the bailiff service. This occurs if the requirements set out in the document must be met immediately. Typically, these requirements must be met on the first day after receiving the writ of execution at the court department.

Validity period of the writ of execution

The effect of a writ of execution depends on its type. Writs of execution are:

1. Upon the return of stolen funds, various items and even children;
2. When making wage payments to an employee who was illegally dismissed from work;
3. When compensating for damage caused by a crime;
4. In case of compensation for moral damage.

If the writ of execution is aimed at collecting a debt, then its validity period is about 3 years from the date of the decision during the trial.

Validity period of the writ of execution for the collection of alimony

Just like other types, a writ of execution issued for the collection of alimony is valid under the following circumstances:

• If the child has not reached the age of majority;
• If the legal representative has died.

It should be noted that even if the child turns 18, the parent can file a claim for child support on the eve of the birthday. Payments will be made for the past three years. As soon as the child turns 18, the validity period of the writ of execution can be considered completed.

How to present a writ of execution to the bailiffs?

There are times when there is no need to contact bailiffs. This usually occurs when the debtor voluntarily decides to pay the debt. However, if this does not happen, then the plaintiff can file the document during the entire period of its validity.

Initially, the plaintiff should submit an application to initiate enforcement proceedings to the bailiff service. It is also necessary to present documents obtained during the trial.

The bailiff has the right to refuse to reopen the case. This may happen for the following reasons:

• If errors, typos or inaccuracies in facts are found in the received documents. In this case, the plaintiff must again go to court for new papers and only after the judge makes a decision to contact the bailiff again.

The validity period of the writ of execution begins 3 days after the bailiffs receive a new package of documents.

The production process itself can last about 2 months. However, there are cases where the deadline may be changed. This happens in the following cases:

1. If the validity period of the writ of execution is fixed on the document itself;
2. If one of the bailiffs instructed the other to perform a number of enforcement actions. Thus, it is given about 15 days to complete. In this case, the period begins to be fixed from the moment the instructions are transmitted.

In addition, upon receipt of the writ of execution, the bailiff must make a decision to reinstate the debtor to his previous place of work. This must be done the next day after the bailiff receives the writ of execution. Also, if a writ of execution is received on the basis of a claim, then all demands must be fulfilled the next day.

How do bailiffs work with a debtor?

After opening the case, the bailiff must contact the debtor and offer to resolve the debt issue peacefully within a week. If this does not happen, then the bailiff performs other actions:

• Sends a paper to the debtor’s place of work with his demands for payment of the debt;
• Seizes the property and bank accounts of the debtor.

Delay in fulfilling the requirements of the writ of execution

There are cases when a bailiff can suspend the deadlines for fulfilling requirements drawn up in a writ of execution. These reasons may be:

• The debtor is performing military duty or is on a long business trip;
• The debtor has become incapacitated and is not subject to jurisdiction;
• In the event of the death of the debtor;
• The debtor tries to challenge the requirements specified in the writ of execution;
• The debtor began a case to appeal the legality of the trial and the actions of the bailiff.

Duration of deferment

The legislation does not provide for a clearly fixed period of deferment in the implementation of enforcement actions. Each individual case has its own deferment period. The deferment period expires in the following cases:

• If the debtor’s time on a business trip or in the army ends;
• If the debtor died and his heirs entered into the inheritance;
• The court makes a decision on the legality of issuing a writ of execution;
• The court makes a decision to end the proceedings on the bailiff's claims.

When can a writ of execution be returned to the court office?

There are cases when bailiffs return the writ of execution to the court without opening a case on enforcement proceedings. This happens in the following cases:

• If the debtor has no source of income;
• If the debtor has no property and no bank accounts are opened.

Bailiffs can return received documents within 3 days from the date of their receipt. Repeated contact with the bailiff service is possible after 6 months from the date of return of the package of documents. The duration of the suspension is subtracted from the validity period, i.e. the validity period is counted again.

It should be remembered that the number of repeated applications is unlimited and the validity period of the writ of execution is not counted.

What to do if the writ of execution has expired?

If the validity period of this document is missed, then the bailiffs have the right to refuse to open a case on enforcement proceedings. If the debtor convinces the court that the delay occurred for very good reasons, then the judge can restore the validity of the document.

The restored validity period of the writ of execution is 6 months. 

„

Hello. I am a payer of alimony and I have a debt with the bailiffs. The plaintiff wants to write a waiver of alimony. How long should the bailiffs close the case and remove the debt from the database?

“

Ilya09/08/2022 12:01

Good afternoon After receiving a refusal of alimony, the bailiff, within 3 (three) days, makes a decision to terminate the collection of alimony. In order not to waste time on bailiffs, there is an excellent way to pay off debts.

Namely: the debtor asks the creditor for bank details and transfers monthly (electronically or tops up the creditor’s card with cash) while keeping the receipts. THE IMPORTANT WHEN TRANSFERING OR DEPOSITING IS TO INDICATE THE NAME OF THE TRANSFER. FOR EXAMPLE, “PAYMENT UNDER THE DECISION/ORDER “name” of the COURT DATED 09.11.2018.

This option of settlement with the creditor will create the most comfortable conditions for repayment and settlement of debts. To transfer alimony, open a personal account/accounts for children in a bank and transfer alimony to them.

Dubrovina Svetlana Borisovna09/08/2022 13:20

The statute of limitations for the writ of execution and the period for carrying out enforcement proceedings, their features

Published: 2023-07-16 22:23:40

Participants in enforcement proceedings need to know what the statute of limitations is for the writ of execution. In this article, we will figure out whether the concept of “statutory limitation period for a writ of execution” exists, what deadlines are applicable to a writ of execution and their features.

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

According to Art. 195 of the Civil Code of the Russian Federation, the limitation period is the period for protecting the right in a claim of a person whose right has been violated.

Thus, it is unacceptable to apply the concept of “limitation of actions” to writs of execution, due to the fact that the writ of execution is already the result of a court decision on disputes that have arisen between the plaintiff and the defendant.

What deadlines apply to writs of execution?

Limitation period for presenting a writ of execution for execution

In accordance with Art. 21 of the Law on Enforcement Proceedings No. 229-FZ of October 2, 2007, the writ of execution must be transferred by the claimant within 3 years to the body carrying out collections, or to the debtor (if the writ of execution was not immediately transferred to the bailiffs).

• 3 years are counted not from the moment of receipt of the writ of execution, but from the date of the court’s decision.
• We wrote earlier in this article about how to obtain a writ of execution and submit it to bailiffs.
• There are also special terms for the use of writs of execution, depending on the type of writ of execution:
• ⦁ 1 year - for sheets that indicate the demand for the return of a child moved to Russia in violation of the law or illegally detained on its territory;

⦁ during the entire period within which periodic payments must be made in favor of the claimant + 3 years. For example, writs of execution for the collection of alimony are valid until the child reaches the age of majority + 3 years.

Cases of interruption of the general three-year period for presenting a writ of execution are described in Part 1 of Art. 22 Federal Law No. 229:

⦁ the holder of the sheet handed it over to the bailiff or debtor;

⦁ the debtor partially repaid his debt.

Calculation of the interrupted presentation period, in accordance with Part 2 of Art. 22 Federal Law No. 229, continues after the break. In this case, the time passed from the moment of receipt of the writ of execution until the interruption of the deadline for its filing is not taken into account.

If the writ of execution was returned to the claimant due to the impossibility of its execution, the calculation of the period begins from the day of return (Part 3 of Article 22 of Federal Law No. 229). If the judicial act on the basis of which the writ of execution was issued was suspended, then when it is resumed, the deadline for presenting the writ of execution for execution is also renewed (Part 4 of Article 22 of Federal Law No. 229).

Missing the deadline entails the termination of the rights of the claimant in relation to the debtor. However, in some cases, separately established by the legislator, the deadline established for presenting the sheet can be restored.

Is it possible to restore the missed deadline for submitting a writ of execution?

In Part 1 of Art. 23 Federal Law No. 229 states that it is possible, but for a number of good reasons:

1. ⦁ illness of the claimant, confirmed by official documents;
2. ⦁ he lacks information that, according to a court decision, he has the right to demand repayment of the debt against the debtor (this situation arises if a writ of execution was not sent to the debtor);
3. ⦁ the claimant is on a long business trip, etc.

Duration of enforcement proceedings

The period of execution of enforcement proceedings is the period of time during which the debt accumulated by him must be collected from the debtor. All deadlines for actions, the implementation of which is aimed at collecting the debt, are established by Art. 36 Federal Law No. 229.

According to this article, all requirements set out in the executive document must be fulfilled within 2 months from the start of enforcement proceedings.

But, the course of 2 months is interrupted in accordance with Part 7 of the same article. The period of enforcement proceedings does not include the time:

• ⦁ during which the implementation of enforcement actions was postponed;
• ⦁ during which the enforcement proceedings were suspended;
• ⦁ deferment or installment plan for the execution of a writ of execution;
• ⦁ when any of the participants in the enforcement proceedings applied to the court or other competent authority with an application to clarify the provisions of the document;
• ⦁ during which the resolution on the appointment of a specialist involved in the procedure for implementing enforcement proceedings was in effect;
• ⦁ carrying out the procedure for the sale of property confiscated from the debtor (it is considered completed when funds from the sale of property are received into the bank account of the bailiff service).

In the event that the writ of execution cannot be executed for any reason, it is returned to the claimant (in accordance with clause 2, part 1, article 46 of Federal Law No. 229). In such a situation, the period for presenting a document to demand repayment of the debt is counted from the date of its return to the creditor and is 3 years.

Thus, despite the completion of enforcement proceedings, it can be resumed several times at the will of the claimant.

The claimant can apply for the resumption of enforcement proceedings only six months from the date of the order to terminate the enforcement proceedings. Except for the case when the claimant receives official information about a change in the financial situation of the debtor.

Conclusion : the completion of enforcement proceedings and the return of the writ of execution to the collector due to the impossibility of collecting the debt does not cancel the existing debt. Enforcement proceedings under the writ of execution will be closed if the claimant does not apply for renewal within three years.

Duration of the writ of execution for alimony

Even after a divorce from their spouse, men are required to financially support the child, and in some cases, the mother.

In case of voluntary consent, both parents have the right to draw up an agreement on the payment of alimony and have it certified by a notary. In the absence of such an agreement, and the absence of constant financial support from the father, the child’s mother has the right to file an application for the collection of alimony to the court on the basis of the provisions of Articles 80 and 106 of the RF IC.

It is never too late to go to court if this right is available by law: the child has not reached the age of majority, is disabled, etc.

• From the moment the court makes a decision to satisfy the claims, the father is obliged to transfer funds monthly in the amount specified in the court order.
• It is not a fact that after receiving a writ of execution and a court order, the defendant will voluntarily fulfill his parental obligations.
• The situation may change if a man voluntarily transfers alimony.

If you stop transferring money monthly, a debt will form. Collection of child support arrears falls on the shoulders of the parent who has custody of the children.

1. According to Federal Law No. 229 “On Enforcement Proceedings”, the Bailiff Service has the right to forcibly collect alimony.
2. The parent, in this case the mother, applies to the territorial executive authority at the place of residence of the father, submits an application to initiate the procedure for the collection of alimony by bailiffs in a forced manner.
3. The main activity of bailiffs is to receive funds from the person liable for alimony in the amount specified in the writ of execution and within the required time frame.

Deadline for execution of a writ of execution in legislation, legal advice

The duties of the bailiff include: After taking the measures required by law to obtain funds from the debtor, the bailiff conducting the case has the right, independently or at the request of the child’s mother, to take radical measures against the defaulter (if the debt exceeds 10 thousand rubles ).

They include the following: To collect alimony through bailiffs and initiate enforcement proceedings, the interested party (in this case, the mother of the child) must write a statement, which, together with the writ of execution, must be submitted to the territorial body of the bailiff service. A territorial body is selected at the place of residence of the debtor, or the defendant in the case of alimony collection.

• The plaintiff in the case may make a request in court to directly send the writ of execution to the bailiffs.
• This increases the chances that the document will not be lost and the matter will begin immediately.
• The procedure for compulsorily collecting alimony through the FSSP is initiated both immediately after the court decision is made and the plaintiff receives a writ of execution, and later.
• Even if the child’s mother did not take measures to collect the debt from the defendant, having reached the age of 18, the child independently has the right to receive the financial assistance due to him.
• Having received the writ of execution for the first time, the bailiff who accepted the case sets a 5-day period for the alimony defaulter to voluntarily repay the debt.
• Further, the order of actions of bailiffs is as follows: Costs when initiating enforcement proceedings are borne by the alimony debtor.
• First of all, he pays off the alimony debt, after which he bears all the costs associated with the activities of the bailiff service to collect money from him.
• The prospector does not bear any costs for enforcement proceedings.
• In order for enforcement proceedings to begin, the bailiff will require the following documents (depending on the method of collecting alimony from the debtor): Bailiffs are often quite busy.
• Therefore, in order to achieve results and quickly find the debtor, it is necessary to interact with this service, paying visits and making calls to obtain information about how the debtor is being searched.
• An application to initiate enforcement proceedings is attached to the list of documents described above and submitted to the selected territorial body of the FSSP.
• How to correctly draw up an application and what are the requirements for its format and content, read on.
• In addition to the documents described earlier in the article, to initiate enforcement proceedings, an application is drawn up and submitted to the bailiffs for the collection of alimony.

The document must be certified by the personal signature of the claimant. Download a sample application to bailiffs for the collection of alimony under a writ of execution. The problem of ineffectiveness of enforcement proceedings is quite relevant; citizens often express dissatisfaction with the work of bailiffs.

If the bailiff is in no hurry to fulfill his duties, the case is constantly postponed, he does not exercise control over the payment of alimony, the alimony collector always has the right to complain about the actions or lack of required actions on the part of the bailiff.

What to do if the authorized body does not help collect money from the debtor?

Procedure for the inaction of the bailiff and his neglect of his official duties to collect the debt from the debtor: When drawing up a complaint, it is important to provide references to legislative acts and regulations that were violated in relation to the applicant. It is recommended to take the help of a lawyer who will tell you how to correctly draw up a complaint and what points to emphasize.

Or you can compose it yourself using the provided sample.

Validity period of the writ of execution for alimony

1. In order for enforcement proceedings to begin, the bailiff will require the following documents (depending on the method of collecting alimony from the debtor): Bailiffs are often quite busy.

2. Therefore, in order to achieve results and quickly find the debtor, it is necessary to interact with this service, paying visits and making calls to obtain information about how the debtor is being searched.
3. An application to initiate enforcement proceedings is attached to the list of documents described above and submitted to the selected territorial body of the FSSP.

4. How to correctly draw up an application and what are the requirements for its format and content, read on.
5. In addition to the documents described earlier in the article, to initiate enforcement proceedings, an application is drawn up and submitted to the bailiffs for the collection of alimony.

The document must be certified by the personal signature of the claimant.

Download a sample application to bailiffs for the collection of alimony under a writ of execution. The problem of ineffectiveness of enforcement proceedings is quite relevant; citizens often express dissatisfaction with the work of bailiffs.

If the bailiff is in no hurry to fulfill his duties, the case is constantly postponed, he does not exercise control over the payment of alimony, the alimony collector always has the right to complain about the actions or lack of required actions on the part of the bailiff.

What to do if the authorized body does not help collect money from the debtor?

Procedure for the inaction of the bailiff and his neglect of his official duties to collect the debt from the debtor: When drawing up a complaint, it is important to provide references to legislative acts and regulations that were violated in relation to the applicant. It is recommended to take the help of a lawyer who will tell you how to correctly draw up a complaint and what points to emphasize.

Or you can compose it yourself using the provided sample.

Where to get a writ of execution for alimony, what it looks like, validity period

• Download a sample complaint The complaint must be accompanied by all documents related to the case: certificates confirming the debtor’s transfer of alimony, or evidence of incomplete coverage of the debt.
• The period for consideration of a complaint against a bailiff is 10 days.
• The result of consideration of the application may be one of the following actions: Legally, this possibility is not provided.
• But, after filing a complaint with a superior officer or the prosecutor’s office, the leadership of the territorial branch of the FSSP can meet halfway and change the bailiff in order to avoid open conflicts.
• The right to conduct the case is transferred to another bailiff.
• It is also possible to change the bailiff if his personal interest in the case is revealed, or if family ties with the alimony debtor are revealed.
• If such data is discovered, the bailiff must independently recuse himself.
• According to statistics, no more than a quarter of divorced men pay alimony in good faith.
• Compulsory collection measures have to be applied to other payers, but not always successfully.
• Some payers deliberately “shirk” their parental responsibilities for a long period of time.
• Others do not pay alimony due to the lack of a court decision and writ of execution.
• Whatever the reason for non-payment, child support debt accumulates.
• And then the payer has a reasonable question - how to find out and check the amount of alimony debt?
• You have the following ways to view this information: The state is meeting debtors halfway by offering a simple and convenient way to check and view alimony arrears via the Internet.
• At any time, you can find out your alimony debt online – on the website of the bailiff service and on the Unified Portal of State Services.
• By the way, this can be done both through a computer and through a mobile device.
• Owners of mobile devices with the i Phone, Windows Phone, and Android operating systems can install a special application to display information about alimony debt.
• To find the application, enter “FSSP” in the search bar; this online service will be discussed below.
• The FSSP website contains information about current enforcement proceedings and the amount of debt.
• Including, it is possible to find out the alimony debt by last name!

What is the deadline for execution of a writ of execution by bailiffs? 2023

1. To find out your alimony arrears on the FSSP website online, you need...
2. If the database contains data on open enforcement proceedings for the collection of alimony, the system will provide the necessary information, including contacts of the bailiff, who can be contacted to clarify the details.
3. Both debtors and recipients of alimony can use the FSSP service.
4. In addition to data on alimony arrears, the Unified Portal of State Services provides various services and information.
5. To view alimony arrears, you need to perform the following steps: Regulars of the social networks “VKontakte” and “Odnoklassniki” will find it very convenient to check alimony arrears through a special application - “Data Bank of Enforcement Proceedings”.
6. You just need to subscribe to updates to always be aware of the dynamics of the amount of your debt.
7. Finding out alimony debt via the Internet is very convenient.
8. But the most complete information about the amount of debt can be obtained directly from the bailiff, who is in charge of enforcement proceedings for the collection of alimony.
9. Personal contact is the most effective way to obtain information.
10. You should come to see the bailiff only during office hours, and to avoid queues you should make an appointment in advance.
11. To find out your alimony arrears on the FSSP website online, you need...
12. If the database contains data on open enforcement proceedings for the collection of alimony, the system will provide the necessary information, including contacts of the bailiff, who can be contacted to clarify the details.
13. Both debtors and recipients of alimony can use the FSSP service.
14. In addition to data on alimony arrears, the Unified Portal of State Services provides various services and information.
15. To view alimony arrears, you need to perform the following steps: Regulars of the social networks “VKontakte” and “Odnoklassniki” will find it very convenient to check alimony arrears through a special application - “Data Bank of Enforcement Proceedings”.
16. You just need to subscribe to updates to always be aware of the dynamics of the amount of your debt.
17. Finding out alimony debt via the Internet is very convenient.
18. But the most complete information about the amount of debt can be obtained directly from the bailiff, who is in charge of enforcement proceedings for the collection of alimony.
19. Personal contact is the most effective way to obtain information.
20. You should come to see the bailiff only during office hours, and to avoid queues you should make an appointment in advance.