People who applied to the court with his problem, spending time, effort and money, get a long-awaited court decision, with a sigh of relief. Now everything will be okay, and they will get long-awaited apartment, car, debt, reparations, etc., etc. Not so fast! Execution of court decisions could drag on for years, and eventually a person may be left with nothing.
How to make sure that this does not happen? First of all, to understand: Life Saving - the handiwork of drowning. If you are interested in the performance of the solution, then we must take the situation under control and work with the bailiffs.
In enforcement proceedings the party in favor of whom the award is called the recoverer, and by the Federal Law "On Enforcement Proceedings" has sufficient rights to protect their interests. By virtue of this Act recoverer has the right at any time to learn the material enforcement, make copies, petition, appeal the actions of a bailiff in the prescribed manner.
After the decision comes into force you are entitled to receiving a writ of execution, to deliver it themselves to the court bailiffs and be sure to register it in the book of incoming mail.Upon receipt of the writ bailiff shall, within 10 days to initiate enforcement proceedings, to give the debtor a fixed term for voluntary execution of court decisions , and then, if the debtor does not move, do enforcement of decisions.
To this end, the bailiff takes the following actions: send request to the registration authorities (registration service, traffic police, banks), the presence of the debtor's property, which may be levied. If the property is available, the bailiff may impose on him arrested and put up for auction. If no property, the bailiff must draw up a statement about the presence or absence of the property (appliances, electronics, etc.) at the residence of the debtor. If the residential property of the debtor is absent, shall be drawn on the existence of the property, which must be signed by two witnesses.
If these measures are futile, but the debtor works, then the writ may be directed at the workplace for deductions from wages of the debtor.
And all of the above actions by the law "On Enforcement Proceedings" should be committed to the bailiff for two months.
So, if you doubt that the bailiffs do something for the performance of your solution, write a statement of familiarization with the executive production (Required request that you got married "accepted" on the copy) and check the enforcement proceeding for the following:
- At the time whether it was filed (must be filed within 10 days of receipt of the writ to the bailiff);
- Whether it requests the registration authorities of the availability of the property of the debtor, whether received an answer to what actions are taken by police officer in connection with these data (decide whether the issue of arrest);
- Whether there is an act of presence or absence of the property for residential debtor ;
- To decide whether the question of sending a writ of execution to work the debtor;
- Timely action is taken by the data (by law, all must be done within 2 months).
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