The procedure for collecting a writ of execution through a bank. Presenting a writ of execution to the bank How to present a writ of execution immediately to the bank

A writ of execution is a document that is the direct basis for the recovery of funds from the debtor. There are only three ways to implement such a document: either you present it to the FSSP to bailiffs, or to the debtor himself, hoping for voluntary execution, or you contact the bank where the debtor has an account. It is the collection of a writ of execution through the bank that is the most efficient and convenient way for the recoverer to bring to execution.

Why should a recoverer apply with a writ of execution directly to the bank

Most creditors believe that attempts to independently enforce a court decision and a writ of execution issued in court are ineffective and unreliable. But sometimes this method of collection in the end will be both faster and more efficient.

In accordance with Article 8 of the Federal Law “On Enforcement Proceedings”, the write-off of funds under a writ of execution in a bank is mandatory, along with collection through the FSSP, neither the bank nor the debtor himself has the right to refuse to fulfill the debt to a private person - the recoverer.

It is necessary to present a writ of execution directly to the bank servicing the debtor's settlement account only if there are constant operations on this settlement account and the necessary amount is available to satisfy your claim. Otherwise, you must contact the bailiff - executor.

The main advantage of the direct collection of funds under a writ of execution in the bank is the speed of all necessary procedures. The law in article 70 requires the bank to immediately fulfill the requirements, as well as notify the applicant within three days. Appeal to the bailiffs in this respect loses significantly: a lot of time is occupied by the mandatory stages of enforcement proceedings.

Before the bailiffs contact the bank, the FSSP must initiate enforcement proceedings in the manner prescribed by law, and also wait for a mandatory period of five days, which is given to the debtor for voluntary execution. Only after completing these mandatory actions, the bailiffs will do what you yourself can do without delay - they will apply to the bank with your writ of execution.

To understand how to get money from the bank according to the writ of execution, it is necessary to consider this procedure in stages.

Finding debtor's bank accounts

Some facts

Statistics show that three-quarters of court decisions on writ of execution remain unfulfilled. Among the outstanding commitments, there are many that have good reasons. But there are many cases when debtors simply ignore the court decision. They are successfully "helped" by bailiffs who are in no hurry to work on a writ of execution.

If you have information about the place of work of the debtor, you can find out from employees which bank their payroll cards belong to. In the case when it is not possible to establish the most frequently used bank, contact any of those whose list you received from the Federal Tax Service, because if there is no money in the account, the bank employees will return the writ of execution to you. In addition to time, you will not lose anything, and for execution, contact the next bank.

The video discusses in detail the recovery of the writ of execution

The procedure for applying to the bank with a writ of execution

The procedure for collecting funds under a writ of execution in a bank is regulated by a special document - Regulation of the Central Bank of the Russian Federation No. 285-P dated April 10, 2006. To foreclose on the debtor's funds, the following documents must be submitted to the bank:

• Performance list;
• Statement;
• Identification document of the claimant;
• Power of attorney, if there is a representative.

In practice, banks, in addition to the listed documents, also require:

• Copy of passport;
• A copy of the court decision, which established the obligation of the debtor;
• Certificate from the Federal Tax Service on the accounts of the debtor.

An application to the bank is written in free form, its approximate content is as follows:

• Information about the debtor - as detailed as possible;
• Data about the claimant - full name, citizenship, passport details, TIN;
• An indication of the writ of execution according to which execution is required;
• Your contact numbers are not required.

Each such application is subject to registration in a special journal, and the acceptance mark, date, signature of the employee and bank stamp are affixed to the application itself.

The bank will not execute the request if there are no funds on the bank account for collection under a writ of execution or the funds are seized. If the funds are only sufficient to pay off part of the debt, they will be transferred to the claimant, and the executive document will remain in the bank. In such a situation, it would be wiser not to wait for the debtor to replenish the account, but to immediately withdraw the writ of execution and contact the next bank or bailiffs to recover the remainder of the debt.

The withdrawal of the document is carried out in the same order as its acceptance by the bank: registration in the journal upon application, affixing marks and dates. Returns are made the next business day in person against receipt or by mail with notification. The back of the document must indicate the reason for the return and the current state of the debt.

If you have any questions about receiving money from the bank under a writ of execution, ask them in the comments

By law, the bank is obliged to withdraw money from the debtor's account within three days. Regulations on the procedure for accepting and executing by credit institutions, subdivisions of the Bank of Russia settlement network of executive documents submitted by claimants (approved by

Bank of Russia 10.04.2006 No. 285-P). If there is money on the settlement account of the company - the debtor, then the bank is obliged to transfer the required amount to the recoverer within three days.

What is the deadline for execution of the writ of execution

In what terms and is it possible in principle to re-renew enforcement proceedings?

According to Article 46 of the Law on Proceedings, the return of the document to the recoverer is not an obstacle in order to re-submit the document for execution within the period established by Article 21 of this Federal Law. Writs of execution issued on the basis of judicial acts may be presented for execution within three years from the date of entry into force of the judicial act or the expiration of the period established when granting a deferral or installment plan for its execution.

The recoverer, who has information that the debtor has accounts in a particular bank, can send the sheet directly there, bypassing the bailiff service.

If the credit institution and the creditor are located in the same city, then it is better to come there yourself or send a representative by proxy. FULL NAME; details of the account or bank card of the claimant for crediting debited funds; passport data; home or legal address; TIN, if any; for foreigners, information from the migration card.

Presentation of the executive document to the bank

If there are enough funds on the account to fully fulfill the requirements, the bank will transfer them to the claimant in just three days. Partial fulfillment of the requirements is also possible. Such an operation is performed when there is not enough money in the bank account.

In this case, the maximum possible amount is transferred in three days. If more funds are received on the debtor's settlement account in the future, they will be automatically transferred to the recoverer until the full repayment of the debt is fixed.

Presentation of a writ of execution to the debtor's bank

Defaulters make payments of this nature either voluntarily or at the request of a bailiff. The procedure for presenting IL to the debtor's bank is determined by Art.

8 FZ 229. According to this rule, the recoverer, who has information about the debtor's current account, must send an application for collection to the bank where this account is opened and attach the original IL to the application. At first glance, it seems that presenting a writ of execution to the debtor's bank is as easy as shelling pears.

Department of Banking Audit on the actions of the Bank when accepting a writ of execution and an application of a recoverer in the absence of funds in the bank account of the debtor

about which, within three days from the date of their execution, he informs the recoverer or bailiff.

By virtue of the requirements of paragraph 7 of Article 70 of Law No. 229-FZ, in the event that a bank or other credit institution receives an enforcement document directly from the recoverer, the claims contained in the executive document for the recovery of funds are carried out by transferring them to the account indicated by the recoverer.

How to send a writ of execution to the debtor's bank?

Even in the event that an individual entrepreneur or legal entity does not independently send information to the tax office, the bank is obliged to notify it of opening a new account.

The tax office keeps the entire list of information about open accounts. Information comes from both the bank and the organizations themselves. This information is available to the creditor if he initiated a court case.

To obtain the required data, it is necessary to submit a request to the tax office for information on the availability of open accounts.

Writ of execution: where and how to get

The exception is when the decision must be executed immediately after its announcement. For example, this applies to cases of debts for alimony or labor disputes. Important! The writ of execution of the court instead of the recoverer may be taken by his authorized representative.

It is better if it is an experienced, qualified lawyer. The power of attorney must be issued by a notary. At the request of the claimant, the court is also entitled to send a sheet for execution.

Federal Law of 02.10.2007 N 229-FZ
(as amended on 07/18/2018)
"On Enforcement Proceedings" 1. An enforcement document for the recovery of funds or their arrest may be sent to a bank or other credit institution directly by the recoverer.

"Regulations on the procedure for accepting and executing by credit institutions, subdivisions of the settlement network of the Bank of Russia of executive documents presented by claimants"
(approved

Bank of Russia 10.04.2006 N 285-P)
(as amended on 08/01/2018)
(Registered in the Ministry of Justice of Russia on May 6, 2006 N 7785) Chapter 2.

A writ of execution is a document that gives the right to the recoverer to enforce the actions specified in the court decision. If the subject of the claim were material claims against the defendant on the obligation to pay a sum of money, then the executive document must indicate amount due to transfer or transfer of funds.

The functions of implementing a judicial act are assigned to the bailiff service, which has certain powers aimed at forcing the debtor to pay the debt or, through the measures specified in the law, withdraw money from the cash desk or write off from his current account.

The process of presenting a writ of execution and further actions of the bailiff are set out in Federal Law "On Enforcement Proceedings", in accordance with the provisions of which, the initiation of the procedure is given 3 days and 5 days given to the debtor for the voluntary transfer or transfer of money.

If the debtor does not intend to pay, then the bailiff will be forced to take the following actions:

• send requests to the registration authorities about the presence of real estate or vehicles;
• receive information from the tax authority on open current accounts in banks;
• send requests to the bank to provide information on the availability of funds in the accounts and deposits of the debtor;
• go to a house or organization to seize cash.

The executor is given a term at 2 months so that he would fulfill the requirement of the exactor, but in real life everything turns out far from the way it is prescribed in the regulations.

Not all creditors in enforcement proceedings know that you can get the money due much faster and without unnecessary hassle and endless trips to the bailiff.

The procedure for presenting a writ of execution to the institution

A bank whose license has not expired or been suspended is entitled to accept enforcement documents issued by the court from the recoverer: sheets or orders and carry out actions to debit funds from the debtor's account, including from a settlement, loan or deposit account.

The recoverer, who has information that the debtor has accounts in a particular bank, can send the sheet directly there, bypassing the bailiffs. If the credit institution and the creditor are located in the same city, then it is better to come there yourself or send a representative by proxy.

Citizens who give representative functions to their lawyers or other persons must certify the power of attorney before a notary.

The demand for execution must be formalized in an application in which information must be provided:

1. details of the account or bank card of the claimant for crediting debited funds;
2. passport data;
3. home or legal address;
4. TIN, if any;
5. for foreigners, information from the migration card.

The application must be accompanied by the writ of execution itself in the original, copies of the applicant's documents, the representative's power of attorney.

You can send an application by mail if the bank is located in another locality.

It is easier for recoverers who are creditors of legal entities and individual entrepreneurs to obtain information about their debtor's accounts. The Law on Enforcement Proceedings gives them the right to apply with a request for information to the tax authority in which the debtor is registered. This is possible if the deadline for presenting the sheet has not expired.

In cases where the debtor has several accounts open and in different banks, then you will have to present the sheet alternately to each, because it often happens that a legal entity and individual entrepreneur works with only one of them. And in order to find out with which one specifically, you will need to submit a document in one of the available ones, wait, if execution does not occur, then you will need to withdraw it and go to another.

The bank, in case of return of the executive document without execution or with partial repayment of the debt, is obliged to put a mark on the reverse side of the sheet, indicating the date and amount transferred to the recoverer. The signature under the above must be executed by the chief accountant or his deputy, affixed with the seal of the bank.

Execution by the bank of the presented sheet

Having received the executive document, the credit institution is obliged to register it in a special journal. Then, a verification of the fact of bank accounts opened by the debtor should be carried out. Upon confirmation, the amount indicated in the writ of execution must be immediately debited and sent to the details of the claimant.

The bank is deprived of the right not to comply with the requirements of the writ of execution, but if the debtor does not have funds in the account or they are arrested or all operations are suspended, then the bank's actions to refuse will be lawful.

If the debtor has insufficient funds in the account, the bank writes them off as they become available, until the debt is repaid in full or the sheet is withdrawn.

If the bank doubts the authenticity of the sheet presented by the claimant, then it has the right not to execute it until all the circumstances are clarified. He is given for verification 7 days, during which he can send a request to the court that issued it, but at the same time he is obliged to suspend all operations on the debtor's account within the amount to be recovered.

The claimant must be notified of all payments made in the way that he indicated when submitting the application, for example, by e-mail or by regular mail. An attempt by the applicant to learn about the progress of the execution over the phone is doomed to failure, since the bank should not provide such information to a person whom it cannot identify.

Also, the bank will not report on the receipt of money to the debtor's account, on the presence of other creditors to whom the money is transferred, since this information is protected by the law on banking and is a secret that is not subject to disclosure to unauthorized persons.

Important! At the same time, it is necessary to take into account such a moment that the debtor has other creditors whose claims are confirmed by judicial acts and in case of a shortage of funds in the account, they will be distributed in the order established by Article 855 of the Civil Code of the Russian Federation:

1. the first priority - payments for compensation for harm to the life and health of citizens and maintenance obligations;
2. on court orders or writ of execution for the recovery of wage arrears;
3. obligations to pay employees and tax payments;
4. on other executive documents;
5. other payments in order of calendar priority.

Having executed the document presented by the claimant in full, the bank is obliged to return it to him with a mark on the completion of settlements.

Frequently Asked Questions from Claimants

Collectors discuss and ask questions at legal forums on enforcement proceedings, in particular, on presentation of a sheet to the bank. We will give the most frequent of them, and try to answer for clarity.

How to find out the bank and details of the debtor if he is an individual?

Unfortunately, this is impossible to do, since this information is a personal banking secret and cannot be disclosed. But there is one way to do this through the bailiff, submit a writ of execution to the FSSP and ask the service employee to make requests to banks to provide complete information, not only on personal accounts, but also on deposits.

The bailiff must provide the answers received from the banks for review, and then the recoverer can withdraw the sheet and present it to the required bank himself as soon as possible.

What to do if the debtor has accounts in different banks, and even in different cities?

Under such circumstances, it is better to send the sheet to the bailiff service, since they have more powers, and within the framework of the powers assigned to him by law, he can quickly seize all accounts, including those in other cities.

If the claimant has information that most of the turnover on the account falls on a particular bank and it is in another city, then it is better to send the sheet by mail or, to expedite it, by express mail.

Presenting a writ of execution directly to the debtor's bank can significantly speed up the collection process, but if the accounts are opened in various credit institutions, and there is only one document issued by the court, then in the absence of information about the state of the account, the process of obtaining a debt can be delayed. In this case, it is better to submit a sheet to the bailiffs and rush him in his actions.

Can money be withdrawn from a payroll card?

The news video below provides an answer to the question, can a salary card be arrested for debts?

How to present a writ of execution to the debtor's bank on your own?

A writ of execution may be presented to the debtor's bank by the exactor himself. This path is chosen by those who wish to quickly receive the entire amount of the debt and not contact the bailiff service for fear that this process may be delayed. In the article, we will talk about how to submit a writ of execution to the debtor's bank documents and procedures required for this.

Can I submit a writ of execution to the bank myself?

The procedure for presenting writ of execution for execution is prescribed in the Federal Law “On Enforcement Proceedings” dated 02.10.2007 No. 229. A writ of execution is understood to be a document issued by the court that considered the case, which provides grounds for the unconditional collection of a sum of money from the debtor in favor of the recoverer.

Federal Law No. 229 provides for several ways to present a sheet for execution:

1. Through bailiffs. In this case, all measures are taken by officials of the UFSSP, who received the executive document.
2. By self-transfer of the sheet to the bank, which allows Art. 8 of the Federal Law No. 229. It should be noted that simultaneously with the transfer of the sheet, an application is filled out for submitting a writ of execution to the bank. The requirements for its completion are contained in Art. 8 FZ No. 229.

The creditor can use both the first and the second method. At the same time, it is allowed to first present a writ of execution to the debtor's bank, and then, if no recovery is made, to bailiffs. The reverse sequence of actions is also acceptable.

Of course, you can simply rely on bailiffs, but in practice it is much faster to collect funds through a bank if the debtor has accounts opened in it.

When transferring a sheet to a banking organization, it must be borne in mind that this action must be carried out within 3 years from the date the court decides to recover funds. This period is specified in Art. 21 of the Federal Law No. 229. After a three-year period, the debtor no longer has the right to demand the execution of a judgment. Read more about how to file a writ of execution with the bank.

How do I know which bank to apply to?

You can not present a writ of execution to any bank at the choice of the recoverer. This is explained simply - not in any banking organization the debtor has accounts opened. A fair question arises, how to find out where the debtor has accounts?

This information belongs to the category of bank secrecy, respectively, is not provided to anyone. However, the fact that the recoverer has a writ of execution gives him the right to circumvent the requirement of the law on observance of bank secrecy. By virtue of Art. 69 of the Federal Law No. 229, a recoverer who has a writ of execution in his hands has the right to submit an application to any tax office, which contains a request for:

1. The name and location of the territorial location of the banks in which the debtor has accounts.
2. About bank account details.

After receiving the specified information, you can apply with a similar application to the bank in which the debtor has accounts and request data:

1. About the balance of funds on them, as well as the movement of money, regardless of whether they are in the bank in rubles or in foreign currency.
2. About any other valuables that are transferred to the bank for safekeeping by the debtor.

How to apply to the bank on a writ of execution?

As we have already mentioned, the recoverer is given the legal right to present a writ of execution directly to the bank.

The procedure is as follows:

1. Get a writ of execution in the court that heard the case.
2. Find out in which bank the debtor has accounts.
3. Make an application to the bank.
4. Apply.

All of the above actions can be done through a representative if he has a power of attorney to carry out each of the actions. If the application is submitted by a representative, then this circumstance should be reflected in it.

The procedure becomes more complicated if the debtor's accounts are opened in several banks. It is not allowed to apply to them at the same time, since the original document of execution is submitted with the application (part 1 of article 8 of the Federal Law No. 229). Thus, if there is not enough money in the account in one bank, you will have to apply to others in the future, which delays the process.

You can submit the application in person or by sending it by mail. In this case, it is recommended to use the first method, since the original of the executive document may be lost during postage. If nevertheless it is decided to send the application by mail, you should send a registered letter with acknowledgment of receipt and a description of the attachment.

What data should be indicated in the application to the bank? Sample Application

Requirements for the content of the application are listed in Art. 8 FZ No. 229.

The following shall be reflected in the application for presentation of a writ of execution to the bank:

1. Claimant's account details. This is necessary so that the bank knows where to transfer funds.
2. Full name, citizenship, passport details, place of residence or stay, TIN (if any), details of a migration card or other document confirming the right of residence in the Russian Federation of the claimant (if he is a citizen). If the exactor is an organization, then it is obligatory to indicate its name, TIN, OGRN data, place of registration and legal address.
3. Information about the representative, if a trustee acts on behalf of the claimant.

Download a sample application to the bank

How long after filing a writ of execution with the bank must the debtor's funds be levied?

The procedure for the bank's actions is determined by the Regulation of the Central Bank of the Russian Federation dated April 10, 2006 No. 285-P. Previously, there were provisions according to which the bank carries out the transfer procedure within 3 days from the date of receipt of the application. However, this provision has now ceased to be valid. Thus, the bank fulfills the requirements contained in the application immediately (part 5 of article 70 of the Federal Law No. 229).

An interesting feature is that several persons who have the right to demand the recovery of funds from the debtor can apply to the same bank. In this case, the order of transfer of funds is determined by the provisions of civil law, namely, Art. 855 of the Civil Code of the Russian Federation.

If there is money to satisfy all requirements, all funds subject to collection are transferred, however, the application that was received earlier is satisfied as a matter of priority.

If there is not enough money to transfer the entire amount of the debt to all counterparties, then the following priority applies:

1. The first priority is claims for compensation for the harm caused to the life and health of the claimant, as well as maintenance obligations.
2. The second stage is the payment of severance pay and remuneration of persons, remuneration to authors for the results of intellectual activity.
3. The third stage is the write-off of tax payments and funds towards the payment of insurance premiums.
4. The fourth line is other monetary claims.

The creditor must be notified of the transaction within 3 days. The executive document with the bank's mark on the transfer of funds is transferred to the recoverer. If the recovery is made partially, then a note about this is made on the writ of execution.

Is it possible to withdraw an application submitted to the bank?

The recoverer has the opportunity to withdraw the application and writ of execution submitted to the bank for execution. This is done in the case when the debtor voluntarily repaid the debt, or another account was found in another bank, which contains a large amount of money. The right is contained in paragraph 1 of part 1 of Art. 46 FZ No. 229.

To withdraw the application, another application is submitted to the bank, which indicates that the executive document is withdrawn on the basis of the above norm. At the same time, no legislative act contains the form of such a document. This allows us to conclude that the document is compiled in an arbitrary form.

It may include the following information:

1. On the name of the debtor and creditor and their data.
2. On the executive document transferred to the bank.
3. On the details of the court decision on the basis of which the enforcement is carried out.
4. About the amount of funds to be recovered.
5. Directly indicating the withdrawal of the application with reference to the reason that prompted the claimant to carry out such actions.

The application is submitted to the bank or sent by mail. It is recommended to transfer it personally in order to avoid a situation where the bank has already fulfilled the requirements for the transfer of funds, and such a recovery is no longer appropriate for the claimant.

Further, the banking organization examines the application, considers it and decides on the satisfaction of the requirement for withdrawal, or on the impossibility of satisfying it (in the event that the requirements of the executive document have already been fulfilled).

The last step will be the procedure for transferring the recovery application back to the claimant. The writ of execution shall be returned simultaneously with the application.

Thus, the recoverer has the right to present a writ of execution directly to the bank. This procedure is often faster than the recovery of funds through bailiffs. However, you must first submit an application to the tax office to find out if the debtor has bank accounts. Then you need to understand whether there is money in the accounts by submitting an application to a banking organization. Thus, the procedure requires some effort, but if the debtor has money in his accounts, then they can be received quickly enough.

Presentation of a writ of execution to the bank

Cases in which the bank has the right not to execute the enforcement document or delay execution.

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Important! Collection problems are classified as complex cases. Consult for free with the specialists of our "Legal Center"

The presence of a writ of execution in the hands of the plaintiff gives the subject the right to present the paper with the official seal for execution. Law 229 provides for two ways to submit documentation for reimbursement of claims of the subject:

1. To the regional branch of the FSSP.
2. At the place of residence of accounts (hereinafter r / s) and securities of the other party, to a bank, issuer or non-bank credit institution, which is regulated by the provisions of Art. 8 and 8¹ 229-FZ; at the place of calculation of salaries in accordance with the provisions of Art. 9 229-FZ.

An attempt can be made to reach an agreement amicably and present a copy of the official decision received in court to the debtor in person or by written correspondence. Any agreements must be carefully recorded and worked out.

The law, providing the winning party with the opportunity to independently present a writ of execution, significantly restrains the requirements for the debtor's material savings.

The claimant may charge:

• financial assets acquired on bank letters of credit.
• securities.
• salary, social security, allowance, or other temporary income, only subject to the repayment of periodic payments, not more than 25 thousand rubles.

The claimant, using the authority for the simplified debt recovery scheme, must follow the following steps in the procedure for submitting documents.

executive documents

Obtaining information about the debtor's accounts upon request to the bank

Having found out the information about bank accounts, think again whether to present an official conclusion yourself, or to provide work to the bailiffs, because only the original of the act can be submitted at the same time, but the accounts of the other side can be opened in several organizations.

Whereas the bailiff can seize funds in all organizations at once. If the result of the request is negative, transfer the legal paper to the bailiffs.

The sequence of actions when contacting the bank

1. Provide a sample application for presentation of a writ of execution to the bank.
2. Provide the original document or a duplicate at the place where the recovery is carried out, along with two petitions.
3. If the package of documents is submitted by the authorized representative of the plaintiff, authorized to act on his behalf, a power of attorney is attached to the papers to present a writ of execution to the bank - a sample.
4. The accuracy of the materials and the official conclusion is checked for falsification, at the slightest suspicion of unreliability, the documents are immediately returned to the plaintiff or representative.
5. Accepted papers are recorded in the journal.
6. Petitions in the presence of the plaintiff or representative are signed, marked with the date of receipt and stamped.
7. The original document and a copy of the application remain at the place of the procedure, the other is transferred to the claimant or authorized person.
8. The institution, during the working day, composes the collection order, writes off the money and transfers the funds to the plaintiff's account in accordance with Art. 8 229-fz.
9. The recoverer within three days receives information in case of immediate execution by the bank of the requirements under the writ of execution.
10. If there are not enough funds, then the requirements of the documentation will not be fully met, but the money is still transferred to the plaintiff. The collection order will be transferred to the card to the account of another person, and as funds come from the bank, they will be transferred to the plaintiff until the claim is completely satisfied.
11. If the other party's account is empty, the claims of the business paper cannot be fulfilled, therefore, the collection order will move to the card to the other party's account in anticipation of an influx of assets that will be transferred to the plaintiff until the debt is fully repaid.

When the claims of the claimant are absolutely satisfied by the financial institution, the writ of execution will be sent by registered mail sent with notification to the place of issue.

Rules for the withdrawal and return of a writ of execution

If the other party has a letter of credit opened in another institution, and the account to be collected does not meet the requirements of the claimant, then the plaintiff may withdraw the writ of execution:

1. The recoverer submits at the place of execution of the recovery an application for the withdrawal of a writ of execution from the bank - a sample.
2. All applications are certified by signatures, indicating the date of receipt of the application and stamped, one is transferred to the plaintiff, or his representative, the other remains in the credit institution.
3. On the inside of the document, a note is made about the reason for the return, indicating the date of return, and the amount, if there was a partial payment, all data are certified by the signatures of the contractor and the chief accountant with a seal.
4. The act is handed over to the plaintiff or representative against receipt on the petition, or sent by registered mail with acknowledgment of receipt.
5. The log records the date and reason for the return. The collection order in connection with the withdrawal of the executive document is moved along with the petitions to the archive.

Having received a written opinion with marks and records, the creditor continues to work on the return of the debt already with another financial institution. In addition, the recoverer may apply to the territorial body of the FSSP to enforce the recovery. Even if there is no money on the account of the other party, the bank is obliged to keep and execute the claims of the court decision and the collection order.

Cases in which the bank has the right not to execute the enforcement document or delay execution

1. Due to motivated suspicions, a financial institution is able to delay the procedure for a week to verify the authenticity of the paper or the reliability of the information.
2. Failure by the bank to execute a writ of execution is possible due to the fact that the funds stored on the selected accounts have already been arrested, transactions on them have been suspended, in the second case, if the account is empty.

Based on practice, banks try to comply with the conclusion of the act based on the availability of assets from the other side, because non-compliance with the time will be the reason for bringing a financial organization to administrative punishment under Art. 17.14 Administrative Code of the Russian Federation.

A fine equal to 50% of the asset to be collected from the other party, but not more than 1 million rubles, will be charged, if the bank does not justify the rejection factor for the quick execution of claims. As Art. 327 of the Arbitration Procedure Code of the Russian Federation, only the arbitration court and bailiffs can restrain the requirements of a writ of execution, the bank does not have such competencies.

If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help.

Actions of the bank after receiving the writ of execution: collected from the individual entrepreneur, and the account is opened on the FL. Execute or not?

On the basis of a court decision in favor of LLC with IP, the amount was recovered. LLC found out that the debtor, like the FL, had a card account opened in the bank and on 15.06.12. filed an application with the bank for the transfer of funds from the debtor's account to the account of the LLC, attaching a writ of execution (hereinafter - IL) and a decision on the case to this application. 23.10.12 LLC asked to return IL. On the 7th page of the IL bank made a note “ on the basis of the claimant's application, the IL was accepted for execution. 23.10.12 according to the recall, the IL was returned to the claimant. Transfers not made“After a couple of months, it became known that during the time that IL was in the bank, funds passed through the debtor's account. QUESTION: did the bank legally not transfer the money received to the debtor's account?

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One of the fastest ways to collect funds is to collect funds from the debtor's current account. Firstly, this method is available to every collector - if you have a writ of execution, you have the right to independently submit it to the bank servicing the debtor's settlement account. Secondly, the method is fast. Having received a writ of execution, the bank is obliged to transfer the funds on it to your current account, and if the debtor does not have enough funds, put the balance of the debt "on the file cabinet". Thus, if the debtor has enough funds, then no later than in three working days the amount of the debt will be in your current account. If the funds are not enough, then you will receive the amount of the debt when the money appears in the debtor's current account.

Of course, the method is not without drawbacks. If the debtor managed to close the account during the trial, it will not be possible to recover from the account known to you (the account no longer exists). Secondly, the debtor, whose main income comes in cash (for example, a store), may stop depositing cash into the current account and thereby slow down the collection.

What do you need to file a writ of execution for collection with a bank?

• Writ of execution (original)
• Statement (how to write it, consider below)
• Power of attorney for the person submitting the writ of execution to the bank.)
• Documents confirming the authority of the person who signed the application.

How to make an application?

The procedure for accepting and executing executive documents by banks is defined in the Regulation of the Central Bank of the Russian Federation No. 285-P of April 10, 2006 "On the procedure for accepting and executing by credit institutions, subdivisions of the settlement network of the Bank of Russia executive documents presented by collectors."

The application must contain the details of the debtor's bank account, details of the Claimant - TIN, KPP, PSRN (or PSRNIP), location address, details of the bank account of the claimant to which the funds should be transferred. You should also describe the writ of execution - indicate its series, number, issuing authority, reflect the fact that the original writ of execution was submitted to the court.

It is also worth indicating the phone numbers by which you can be contacted - this will help if bank employees have questions.

A sample application to the bank is possible. Yellow marks text elements that need to be changed.

Regulation 285-P provides that only the original writ of execution must be attached to the application (paragraph 1.2 of the provision). However, a few more documents should be prepared:

Firstly, this is a power of attorney for the person who will carry the writ of execution to the bank. The power of attorney must clearly indicate the right to submit writ of execution to the bank. A power of attorney is required in order for the bank office employee to establish the fact that the sheet is presented by the proper collector (banks are insured against possible disputes regarding the execution of the sheet).
Also, they are often asked to present documents confirming the authority of the person who signed the application. If this is the CEO, then you should stock up on a copy of the decision on the appointment of the CEO. If the application is signed by a person under a power of attorney, a certified copy or original of the power of attorney must be attached.

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Is it possible to present a writ of execution to the bank?

A writ of execution is a document on the basis of which funds are withheld from the debtor in favor of the creditor. The basis for its issuance is the relevant decision made by the court and entered into force.

You can collect funds to pay off debt:

• by submitting a writ of execution to the bailiff service;
• by independently contacting a banking organization in which the debtor enterprise has a current account (Part 1, Article 8 of the Law “On Enforcement Proceedings” dated 02.10.2007 No. 229).

To withhold funds from the debtor, the recoverer can use any of the above methods. At the same time, the sequence in which he can apply to the listed bodies is not established by law. This means that he has the right to apply first to the bank, and then to the bailiffs, or vice versa.

When submitting an application, it is worth remembering that the recovery of funds can be carried out only during the period for the presentation of writ of execution for production. According to the rule established by Part 1 of Art. 21 of the Federal Law No. 229, this period is 3 years from the date of the relevant court decision. This means that after the specified time, the appeal to both the bailiffs and the bank does not make sense - the right to recover funds from the debtor is canceled.

Which bank should I apply to?

Before applying to the bank with an application for the recovery of funds, the creditor needs to find out in which credit institution the debtor has accounts. In accordance with paragraph 1.1 of Art. 86 of the Tax Code of the Russian Federation, a banking organization is obliged to provide information about an account opened for an entrepreneur to the tax office within 3 days from the date of its opening.

Based on the information received, the tax inspectorate forms a database of accounts used by entrepreneurs. This information is a bank secret and is not provided to third parties without a good reason. According to part 8 of Art. 69 of the Federal Law No. 229, information about bank accounts belonging to a particular organization may be provided to a participant in a lawsuit who is the owner of a writ of execution. In accordance with Part 10 of Art. 69 of Federal Law No. 229, the requested information must be sent to the applicant's address within 7 days from the date of receipt of the relevant application by the Federal Tax Service. The basis for the disclosure of such information is a copy of the writ of execution submitted to the tax authority.

The response of the tax service to the request may contain information:

• about the presence of open accounts;
• banks in which they are opened.

Information on whether there are funds on these accounts, as well as on their amount, is not provided to the applicant. You can obtain such information by contacting the bank that opened the account for the debtor. The writ of execution is then sent to the bank. How to submit a writ of execution to the bank, we will tell further.

Submission of a writ of execution to the bank: how to do it yourself?

The applicant has the right to deal with the transfer of a writ of execution to the debtor's bank on his own (part 1 of article 8 of the Federal Law No. 229). To do this, you need to get a sheet prepared on the basis of a decision made by the court, draw up an accompanying application and transfer these documents to the bank.

In the event that the interests of the claimant - an individual are protected by a representative, a power of attorney will be required to be attached to the application, giving him the right to carry out appropriate actions. At the same time, the application must contain information not only about the recoverer, but also about his representative (part 3 of article 8 of the Federal Law No. 229).

If the debtor has several accounts in different banks, the procedure for collecting funds can be significantly delayed. The legislator obliges the creditor to transfer the original writ of execution to the credit institution. In this way, the legislator ensures the protection of the debtor's rights, preventing the occurrence of a situation in which funds will be debited from his accounts simultaneously by several banks.

This means that you will not be able to file several applications for debt collection at once. In addition, each time you will have to go through the procedure for drawing up an application for filing a writ of execution with the bank again. You can submit documents for consideration by personally visiting the territorial office of the selected credit institution or by sending a registered letter to its address with acknowledgment of receipt to the recipient.

Contents of the application attached to the writ of execution

According to part 2 of Art. 8 of the Federal Law No. 229, an application containing the following information must be attached to the document:

• details of the applicant's account to which the withheld funds should be transferred;
• if the applicant is an individual: his full name, citizenship, details of a passport or other identity document, address of residence, TIN, as well as (if necessary) details of a migration card and a document on the basis of which the applicant lives in Russia ;
• if the applicant is a legal entity: its name, TIN, PSRN, place of state registration and address of registration.

The term for the execution of orders of the writ of execution by the bank

In accordance with paragraph 2.3 of the Regulations of the Central Bank "On the procedure for receiving ..." dated 10.04.2006 No. 285-P, the bank is obliged to comply with the instructions set forth in the writ of execution within 3 days from the date of its receipt.

It is worth considering the fact that several collectors can apply to the bank at the same time, whose requirements will be satisfied in the sequence determined by Art. 855 of the Civil Code of the Russian Federation. First, the debts that have arisen as a result of harm to the life and health of the claimant are repaid. Then there are wage and tax arrears. Claims received from collectors of other private debts are satisfied last in accordance with the calendar sequence. This means that the creditor who filed an application with a request to write off funds from the debtor's accounts before the others will be the first to receive the compensation due to him.

In accordance with Part 5 of Art. 70 of the Federal Law No. 229, the bank is obliged to notify the applicant of the actions taken in relation to the client's accounts within 3 days from the date of fulfillment of the stated requirement.

After the execution of the penalty on the writ of execution, an appropriate mark is made indicating the date of execution. The document itself is transferred to the authority by which it was issued. If the funds placed on the debtor's accounts were not enough to satisfy the creditor's claims in full, a note is made on the sheet containing information on the amount of the payment made (part 10.1 of the Federal Law No. 229).

For failure to comply with the instructions established by the court, a banking organization may be held liable in accordance with Art. 332 APC RF.

How to withdraw an application for the presentation of a writ of execution to the bank?

The applicant has the right to withdraw the previously submitted application to the bank on the writ of execution. For this, in accordance with paragraph 1 of part 1 of Art. 46 of Federal Law No. 229, he needs to send a document containing the corresponding declaration of will to the credit institution. The legislator has not established requirements for the form and content of such an application, however, for successful consideration by a banking organization, it is worth citing in it:

• the name (or full name) of the debtor and creditor;
• details of the executive document previously submitted to the bank;
• the name of the body that made the decision to collect the debt from the client of the bank forcibly;
• the amount of recovery;
• a request for the return of a writ of execution, as well as the reason why such a need arose.

The procedure for returning a writ of execution consists of the following stages:

1. The recoverer draws up an application for the return of the writ of execution submitted to the bank.
2. The bank considers the appeal and makes a decision to transfer the document to its owner.
3. In the registration journal, bank employees make a record that the sheet was handed over to its owner; the document is stamped by the institution, certified by the signatures of the responsible accounting officer and the chief accountant.
4. The creditor takes the document and confirms the fact of its receipt by signing the application.

So, the legislator allows the recoverer to submit a writ of execution to the bank on his own. A prerequisite for the emergence of such a right is the existence of an appropriate court decision, as well as a writ of execution issued on its basis. In order to write off the funds available in the debtor's bank accounts to pay off the debt formed by him, it is necessary to transfer a writ of execution to the bank, attaching an application to it with an appropriate declaration of will. If the funds on the accounts opened with the bank are not enough to fully repay the debt, the bank writes off the available money, and returns the writ of execution with a mark of partial write-off to the recoverer.

Enforced collection of debt from an unscrupulous debtor allows you to achieve the maximum possible satisfaction of claims. In most cases, the plaintiff presents a writ of execution to the bailiffs, but according to the regulations in force in the service, the process is significantly complicated and delayed. An alternative option for obtaining money from a non-payer is to submit documents directly to the bank where the defendant has an account. Legislation establishes the procedure for submitting a writ of execution and the deadlines for its execution.

Action plan

A writ of execution is a written confirmation of the legality of the claims of an individual, legal entity in relation to a non-payer, issued by the court based on the results of the proceedings. Litigation can drag on for months, even years, at meetings all evidence of the parties to the relationship is considered.

According to Art. 428 of the Code of Civil Procedure of the Russian Federation on civil claims, the sheet is issued after the entry into force of the decision, that is, not earlier than ten days later. Article 319 of the Arbitration Procedure Code of the Russian Federation does not strictly regulate the period for issuing a document, it all depends on the workload of the court and the individual characteristics of the case.

Having received the sheet in hand, the recoverer has the right to transfer it for processing to a specialized service (FSSP). Authorized persons, at the initiative of the plaintiff, initiate proceedings. Further, the non-payer is given a five-day period for the voluntary execution of the court's requirements. If during this time the defendant does not take any action, the enforcement procedure is launched.

Foreclosure is applied primarily to cash, cash and non-cash, then the property is confiscated with subsequent sale. The bailiff service is significantly loaded, so the enforcement actions are carried out with a significant delay. In most cases, delay threatens the plaintiff with the loss of the opportunity to receive money by court order.

A writ of execution can be sent directly to the bank where the debtor is serviced

The creditor has the right to present a court form directly at the place of employment of the defendant. The current legislation limits the amount of requirements that can be fulfilled: the total amount of deductions cannot exceed half of the salary after the deduction of personal income tax for general collections and seventy percent for the total transfers of alimony.

The most effective, fastest will be the direction of the executive document directly to the institution where there are settlement, current, foreign currency accounts of the debtor. In this situation, you need to have information about the defendant's deposits, funds in the bank, only then the procedure will be effective.

It is important that the employer, the credit institution will accept only monetary claims for execution, and the restoration of rights, the return of property, and other claims are not within their powers and competence.

The legislative framework

The process of execution of a judgment is regulated by law No. 229-FZ of October 2, 2007. According to Art. 8 of this regulatory legal act, the claimant is entitled to independently present the document to the credit institution.

Article 70 of Federal Law No. 229 obliges the bank, if there is a free balance of finances, to immediately begin to fulfill the requirements contained in the claim. Based on the results of the transfer, the specialists of the institution are obliged to inform the claimant within three days.

The procedure for receiving, processing, implementing the requirements of sheets received from the plaintiff is determined for financial and credit organizations by the Regulation of the Central Bank of the Russian Federation No. 285-P dated April 10, 2006.

Applicant

Depending on the recipient of the transfer of funds, the right to present a writ of execution may be vested directly with collectors, authorized representatives.

Persons with a power of attorney may act as an applicant

For example, a claim was filed in court by an individual, and a decision on enforcement came into force. Then the plaintiff himself can directly submit documents to a bank branch or give certain powers to another citizen, friend, relative on the basis of a notarized power of attorney.

If the withholding request comes from a legal entity, the executive body (head, general director, management company), as well as any individual acting by proxy, has the right to file a sheet. For example, an executive document is presented by the company's lawyer, confirming the bank's authority with the original notary's letterhead.

Transfer order

Persons who have achieved a positive court decision in a defaulted obligation case should find out how to send a writ of execution to the debtor's bank. The creditor sends the document to the credit institution in any way convenient for him: by mail or by courier.

It is worth considering the current problems of the postal system, when the probability of losing documents is minimized, but still exists. That is, there is a potential risk that the form will be lost, damaged on the way to the bank. In this case, the recoverer will have to re-apply to the court with a request for the issuance of a duplicate, and, accordingly, incur financial and time costs.

The most reliable is to submit an enforcement form directly to the branch of the bank serving the debtor. Regardless of the method of sending documents, the plaintiff must initially establish for certain the presence of the defendant's active accounts in the institution. You can make an official request to the tax office or send a letter to the head of the bank, which most likely serves the defaulter.

After the plaintiff has reliable information in his hands, it is necessary to find out the office hours of the department, the exact address of the location. Further, the creditor with an identity card or an authorized representative with a power of attorney are sent to the bank to present the document.

You can get information about the accounts of the debtor in the tax

According to the requirements of Art. 8 of the Federal Law No. 229, the plaintiff must attach to the sheet an application drawn up in any form, but with the obligatory presence of specific details. We list the recommended content of the form:

• addressee of the appeal (name of institution, address, TIN);
• contact information of the applicant (full name, information about the identity document, place of registration for citizens; name, registration data, legal address for the company);
• TIN of the person submitting the application;
• information about the borrower (full name, name);
• document's name;
• a summary of the requirements;
• number, date of the executive document;
• the amount of the charge;
• full details for making transfers;
• application list;
• date, handwritten signature.

Additionally, the sheet may contain links to regulatory legal acts governing these actions, lines for the bank's marks on the acceptance of the application. If the defaulter has several active accounts, the creditor can indicate the priority for deductions or ask to levy collection on all finances. To facilitate the paper drafting process, you can use a sample application for presenting a writ of execution to the debtor to the bank.

The bank employee registers the plaintiff's application in the journal of incoming correspondence, simultaneously putting a mark on the document, and transfers it to the appropriate department for execution. According to Chapter No. 7 of Regulation No. 383-P dated 06/19/2012, an employee of the organization forms a collection order, starts processing information.

When making an application, you must provide the necessary details

If there are no funds on the defendant's accounts or the free balance is not enough to fully satisfy the requirements, the teller transfers the available part according to the details of the recoverer, puts down the appropriate marks on the collection order, and places it in a card index to the account. In the future, upon receipt of money, the execution will be immediately resumed. When the entire amount of the claim is transferred to the creditor, the bank will return the sheet with the appropriate marks.

Redemption Factors

The completeness, the speed of meeting the requirements of the claimant is affected by a number of reasons.

The workload of the execution service of a credit institution

Large cities are distinguished by a particularly large flow of bank customers, so the creditor will have to wait in line to present the sheet.

Having a balance in the current account

If the debtor has enough funds, the sheet will be enforced immediately. Otherwise, the document will be kept at the file cabinet for as long as it takes to fully repay the debt.

Scope of Restrictions on Defendant's Finances

In relation to the debtor, other requirements may be presented, then the executive document is brought to repayment in accordance with the calendar, legal order. For example, a citizen owes another natural person a claim to compensate for harm to health. At the same time, an application for withholding an administrative fine is submitted to the bank for this debtor from the state body.

Since the documents were registered in one day, the priority criterion for execution is the order under the Civil Code (Article 855): first, the amount will be written off in favor of an individual, and then to replenish the state budget. A similar situation will develop with regard to claims against the enterprise: initially, regardless of the date of receipt, debts on wages, taxes will be fulfilled, and then on claims of counterparties, other payments.

The probability of paying off the debt depends on the money available in the debtor's account

Deposit currency

Quite often there are situations when the defendant has several accounts in a credit institution: precious metals, rubles, foreign currency. In this situation, the collection procedure will depend on the speed of converting the fund into the ruble equivalent.

Correctness of information in the claimant's application

If the application contains all the information about the debtor, the sheet will be processed immediately. When inaccuracies or errors are revealed in the content of the document, the bank will need time to receive clarifications and make corrections.

Presentation time, calendar day

In practice, one may encounter such difficulty as the limited period of operation of a financial institution. For example, customer service office hours may expire, and the claimant may not be able to file a set of forms on weekends or public holidays.

Bank serving the applicant

If the beneficiary's account is opened with a credit institution to which a writ of execution has been presented for processing, the funds can be credited as soon as possible. When the details of the claimant contain information about another bank, the period of money transfer may take a significant amount of time. In some cases, finances are received throughout the day, less often - three to five days.

Operating cycle

Each financial company works according to the internal regulations for the execution of payment documents: for example, a bank can conduct transactions from 9 am to 3 pm of the current day, there are less cases when round-the-clock work with clients' documents is established.

The bank may need time to clarify some of the information provided in the sheet, which will affect the speed of repayment of the debt

The duration of the cycle for fulfilling the requirements of the recoverer depends on many factors and is determined on an individual basis. The applicant must continuously monitor the actions of the contractor, if necessary, you can file a complaint addressed to a higher official.

Doubtfulness of the claim

The bank has the right to send a request to the court with a request to provide confirmation of the reality, legality of the claim, the validity of the form, if the contractor has doubts. For example, corrections have been made on the sheet, there are blots, then the recipient has a distrust of the correctness of the given columns. At the same time, the organization is obliged to take measures to ensure the safety of finances by imposing restrictions on expenditure.

A seven-day period is allotted for clarification of information, about which a notice is sent to the claimant. A banking institution is not entitled to require additional calculations and explanations from the creditor, since Art. 70 of the Federal Law No. 229 does not oblige the holder of the writ of execution to decipher the order.

Implementation period

As mentioned earlier, the minimum period for execution, transfer of funds under a writ of execution in the debtor's bank takes one day. In the event of inaccuracies, discrepancies in information, the time for the enforcement of enforcement increases.

Insufficiency of funds in the accounts of the debtor has a direct impact on the maturity of obligations. In this case, the execution period may vary from one day to several months, years, depending on the financial condition of the defendant.

When presenting a claim for implementation, it is necessary to take into account the generally established limitation period, equal to three years under Art. 196 of the Civil Code of the Russian Federation. In exceptional cases, it is allowed to extend, postpone, restore this period by a court decision.

A variety of factors can affect the time it takes to repay a debt.

The recoverer has the right, on his own initiative, to withdraw the document from the bank by sending a corresponding application by mail or by submitting it personally to the branch. This situation is especially popular if the defaulter has several accounts in different institutions. Then the plaintiff returns the original sheet and sends it to another financial institution. It is important that the creditor is not limited by law in the right to repeatedly present the document after its withdrawal if new circumstances arise or the debtor's payment situation changes.