writ of execution - a document which is the basis for drawing was the decision made by a court or other competent authority to consider the case of civil or administrative relations.This act reflects the details of the issuing company, the name of the entitled and obligated party and explained their responsibilities and rights.
writ of execution may be made in the form of a separate document.In his text indicates the subject is obligatory for implementation.The writ of execution can also be decorated in the form of a decision of a competent person.In this case, to perform a compulsory subject specified in the operative part.The judicial act to be enforced, possibly the imposition of duties on third parties, who do not belong to one side of the case.An example is the recovery of a sum of money from the debtor through the accounts of the enterprise where he works.This department shall be responsible for withholding and payment of the wages, accrued to the employee's bank account Recovering side.
judicial body may be subject to liability and banking institutions.These financial institutions, according to the court order to block the sums of money in the accounts of the debtor and write off some money from them.Legal or natural persons for storage in its territory of the property, intended to recover, are obliged to provide access to it bailiffs.Equal legal force with the writ of execution may be given, and other documents.For this kind of securities may be classified as an agreement for the payment of child support, if it is certified by a notary.
writ of execution is obtained in the body, which was occupied by the proceedings.Give it to the day on which this decision becomes lawful rights.Basically, this term comes ten days after the verdict.The exceptions are some cases where the time of announcement of the decision coincides with the beginning of its validity.The writ can be issued directly to the hands of the Recovering and handed over to the bailiff.
period for filing a writ of execution - is the period of time set by the legislative acts for which the document could be brought to the collection of these funds in it.These actions are specified in the Code of Arbitration Procedure of the Russian Federation and reflected in Article 321. According to the first paragraph, the validity of the writ of execution - three years from the date of purchase by the act null and void, or from the expiry of a delay sanction.If the time period established by the Code of the document for any reason has not been presented, it is possible to determine the imposition of the restoration requirements.In this case, they can be brought within three months.
There is a time limit to collect and bailiffs.They are allotted for the production of two months.In practice, very often there are cases when the debts are collected over the years.In the worst case, production can be completed act of the impossibility of paying the debt.However, the legislation provided for the right to reuse the claimant to file a writ of execution.Act reflecting the inability to obtain debt drawn up only if the obliged party has no official or permanent source of income.And if it does not have a different kind of property (movable and immovable).That is all that could be implemented in the payment of debt.
