How to recover under the writ of execution?
To recover a debt from a negligent debtor is a very complicated matter. Therefore, as written in the Bible, do not tempt and do not lend. Then you will not have to return. But there are situations when the debt appears against the will of the person. For example, the father does not pay child support for the child; when dividing the property, it is necessary to give the due share of valuables. The court, by its decision, decides to collect the amounts due from the debtor and issues the writ of execution to the claimant. But, unfortunately, the court does not explain how to collect the debt on the writ of execution.
In the Russian legislation there are a number of acts that provide for measures aimed at assisting citizens in debt collection. First and foremost, in order to exercise their rights, you must contact the bailiff service, the one that oversees the area where the debtor lives. With this case, you can not strongly delay, because the term of recovery under the writ of execution is three years, and in certain cases - three months.In the service, the plaintiff will write a statement at the beginning of the recovery process. After that, the bailiffs will initiate enforcement proceedings. After that, the bailiff is appointed in the case within three days, all the document on the case is transferred to him. The claimant further solves all questions about the debt with him.
Powers of Bailiffs
In order for this work to be fruitful, the state endowed the bailiffs with a number of powers. To begin with, they can look for debtors and property, which the court must return to the plaintiff. They send requests to the police, migration services and other authorities. Thus, they learn about the whereabouts of the hiding debtor. Also, bailiffs may seize the debtor’s property, regardless of whether it is a private person or a legally registered company. The property can be not only valuables, household items, cars, etc., but also securities, money. In addition, bailiffs, if necessary, have the right to inspect the debtor’s financial documents.
After the debtor is found, the bailiff sets a deadline for him to voluntarily fulfill the requirements. This period shall not exceed five days.Practice shows that debtors do not take advantage of this opportunity, forcing them to take policy measures - to recover on the writ of execution.
Independent collection actions
Independently collect debts on the writs of execution is not possible in each case, but you can try. After the court must pass 10 days, which are given to appeal the decision. After that, the claimant is given the decision with which to act differently. Contact the bailiffs - not the only solution, you can do an independent search for the debtor and information about him. If the plaintiff has found information about the residence of the debtor, his work activity, in which bank he has an account, then you can come to that bank with a writ of execution. On the basis of the document, the bank is obligated to debit the debtor’s account to the claimant’s account. And if you know the place of work of the debtor and the amount of his debt does not exceed 25 thousand rubles, then you can apply to the company's accounting department, she will make payments to the claimant’s account from the debtor’s salary.