Tuesday, July 5, 2011

How to enforce a court decision?

The man and women who turned to the court with his problem, spending time, effort and money, receiving a long-awaited court decision, relieved sigh.  Now everything will be okay and they will welcome the apartment, car, debt, reparations, etc., etc.  Not far from it!  The execution of the decision can take years, and eventually a person may be left with nothing.
How to make sure that this does not happen?  First of all, understand that the rescue of drowning - the handiwork of drowning.  If you are interested in the execution of the decision, then we must take the situation under control and work with the bailiffs.
In enforcement proceedings the party in whose favor the award is called the recoverer and by virtue of the Federal Law "On Enforcement Proceedings" has enough rights to protect their interests.  By virtue of this Act recoverer may at any time to review the materials of enforcement proceedings, make copies, petition, appeal the actions of a bailiff in the prescribed manner.
After the entry into force of the decision you are entitled to receiving a writ of execution, do take him to the bailiff service and be sure to register it in the book of incoming documents.
Upon receipt of the writ bailiff shall, within 10 days to initiate enforcement proceedings, to give the debtor a specified period for voluntary compliance with a court decision , and then, if the debtor does not move, do enforcement of decisions.
To do this, the bailiff takes the following actions: requests are sent to the registering authority (registration service, traffic police, banks) whether the debtor has property which may be levied.  If there is property, the bailiff may impose on him arrested and put on sale.  If there is 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 community property of the debtor is absent, then draw up a statement about the absence of property, which must be signed by two witnesses.
If these measures are futile, but the debtor works, the writ may be directed at the workplace for deductions from wages of the debtor.
All the above actions of the law "On Enforcement Proceedings" should be made ​​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 (always 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 from the debtor, whether received answers to them, what action has been taken police officer in connection with these data (dare question whether the seizure);
- Is there an act of the presence or absence of residential property of the debtor ;
- Decides whether to issue an enforcement order to send a job to the debtor;
- If taken in time data (according to the law all must be done within 2 months).

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