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All you need to know about enforcement proceedings

Everything about enforcement proceedings. Consultation lawyer for executive proceedings

You had problems with a counterparty who did not fulfill his part of the contract. You negotiated with him, then wrote him letters and complaints, but all to no avail. Then you had to go to court with a claim to recover the debt from your opponent, now opponent of the funds (debt, losses and / or prepayment). The court has satisfied your claim and the amounts due to you are recovered. Surprisingly your opponent filed an appeal. Then cassation. But in the end, you defended your rights in all judicial instances. The court decision entered into force. Your right to receive money is now indisputable and can not be more challenged.

Say it is the end of a difficult journey and the money is already in your pocket? Not so simple and fast. Your legal sparring partner of the court decision may not be frightened and refuse to pay.
Then you will have to go to the state executive service for debt collection under compulsion. And at this stage if you also may need the help of a lawyer in the enforcement proceedings, because in this part of the struggle for your hard-earned money there are nuances about which we describe below.

So, you got a court decision on the recovery of funds. Upon its entry into force. You additionally receive the executive document from the judge: either an order (economic court) or a writ of execution (district court).

Then you carry it at your opponent’s location (place of residence) and transfer it to the aforementioned enforcement agencies.

It is important to immediately check the executive document for errors, misprints and the presence of all the required information in it, as required by law. Otherwise, the coercive authority will not open the enforcement proceedings and it will be returned to you for correction.

Enforcement proceedings. Timing

No later than three days from the date of submission of the writ of execution, enforcement proceedings should be opened.

At the same time, your opponent is given a time limit for the voluntary execution of a court decision (up to seven days). In fact, its expiration begins order enforcement

What should an executive officer do when opening enforcement proceedings first?

Identify the property to the fullest extent. How does this happen?

The executive body has the right to officially apply to the state for obtaining information about the property.

How to start? Of course, with the identification of funds located by the debtor in bank accounts! Who is the carrier of such valuable information about each? Of course, a popularly favorite tax (financial) service.

So, the performer received this information. Next comes the seizure of money on the tax accounts provided. This is done by issuing and sending to the banks (in which accounts are opened) a corresponding decree.

Bank actions in this situation are extremely simple:

  • • there is money in the accounts - they must be written off completely (if there are not enough) or in part necessary to cover the amount claimed by the contractor;
  • • no money - the bank must notify the contractor.

If there is money and written off, the bank transfers them to a special account opened by the coercive authority in the state treasury.

Then, from the specified account, the money should flow to your bank details specified in the executive document.

That executed the court decision, everything is so simple, you say. But this is if the debtor has turnovers and non-cash money in the accounts. And this is ideal.

But this money is not. What does the artist do next? To clear his conscience, he should properly attend to arrest and withdrawal of cash. This happens, for example, at the company's location at the ticket office.

But in practice, if he does not have a bank transfer, then he will not have cash either.

Does the debtor have no money, what's next?

Enforcement proceedings are open, there is no money. Then the contractor or lawyer who helps you in the enforcement proceedings are required to identify the other movable and immovable property of the debtor. This happens in two ways: by obtaining information on request, there are also many registries or the arrival at the location (residence) of the debtor.

Answers to requests from the executive can provide him with the following information:

  • • Authority and information provided as part of enforcement proceedings
  • • BTI
  • • Ministry of Justice (as holder of relevant registries)
  • • Real estate
  • • State Land Cadastre
  • • Land
  • • Police
  • • Road transport
  • • State Labor Protection
  • • Machines, machinery, non-motor vehicles
  • • State Agricultural Inspectorate <

    If there is money and written off, the bank transfers them to a special account opened by the coercive authority in the state treasury.

    Then, from the specified account, the money should flow to your bank details specified in the executive document.

    That executed the court decision, everything is so simple, you say. But this is if the debtor has turnovers and non-cash money in the accounts. And this is ideal.

    But this money is not. What does the artist do next? To clear his conscience, he should properly attend to arrest and withdrawal of cash. This happens, for example, at the company's location at the ticket office.

    But in practice, if he does not have a bank transfer, then he will not have cash either.

    Does the debtor have no money, what's next?

    Enforcement proceedings are open, there is no money. Then the contractor or lawyer who helps you in the enforcement proceedings are required to identify the other movable and immovable property of the debtor. This happens in two ways: by obtaining information on request, there are also many registries or the arrival at the location (residence) of the debtor.

    Answers to requests from the executive can provide him with the following information:

    • • Authority and information provided as part of enforcement proceedings
    • • BTI
    • • Ministry of Justice (as holder of relevant registries)
    • • Real estate
    • • State Land Cadastre
    • • Land
    • • Police
    • • Road transport
    • • State Labor Protection
    • • Machines, machinery, non-motor vehicles
    • • State Agricultural Inspectorate
    • • Agricultural machinery
    • • National Securities and Stock Market Commission
    • • Securities

    So, the request gave a positive result - the property of the debtor is in the registries of a state body. What's next? As in the case of the identified funds, the contractor must arrest all this, by issuing and sending a decision to the relevant authorities.

    Next, you need to physically identify, inspect, and identify. If his whereabouts are unknown, the contractor can take steps to find him (provided that you advance his expenses on this search).

    After that, the contractor must determine the person responsible for the safety of this property, and sign a custody agreement with him.

    If, according to the government, the movable and immovable property is not registered with your opponent, the contractor now needs to identify that which is not subject to registration and state registration.

    For this, he arrives at the place of registration of the company (residence of a citizen).

    In the first case, the contractor is entitled to require accounting documents that keep records of the company's own property, which is on his balance sheet.

    According to the results of departure to the site, the contractor prepares documents on the inventory and arrest of the identified property, which is also deposited with the responsible person.

    After that, the arrest activities can be considered completed.

    So, during the enforcement proceedings, the property was revealed (stage 1) and arrested (stage 2).

    In step 3, all this should be evaluated. This can happen in three ways:

    If you agreed on this issue with your opponent - by agreement of the parties.

    If the parties do not agree - the contractor on the basis of current market prices.

    If it is difficult to determine the cost, as well as in cases of appraisal, for example, real estate and transport, according to an expert appraiser.

    The last stage of the enforcement of a court decision is the sale of property. For most types of property, this happens through electronic trading.

    The initial price of the property is the price determined in its assessment.

    Such auctions can take place three times, with a gradual decrease in the starting price of unrealized property.

    If these activities do not lead to success, the contractor will have to offer you to take this property to pay off the debt. If you do not need it, it will be returned to the debtor, and the executive document will be returned to you.

    In this case, it is considered that the executive service has done everything in its power to enforce the court’s decision.

    And it will be possible to write off money from the accounts, or to realize the property qualitatively: both you are “on your own”, and your opponent is forced to order, and the performer received a bonus. If it seems to you that enforcement proceedings are not such a simple process, then our lawyers in enforcement proceedings will legally competently help you go through and control all of its stages.

    Come to us! And our lawyers will accompany you at all stages of the judicial process, including the execution of the court decision and the collection of debts on the writ of execution!


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