A party to the proceedings can submit an application to the bailiff to suspend enforcement proceedings only if there are circumstances established by the Law. But the bailiff himself can initiate this procedure. Or the head of the regional department. That is, if, in the opinion of one of the parties to the enforcement proceedings, it is necessary to suspend the execution of the court decision, an application is made to the bailiff to suspend the enforcement proceedings. The list of necessary conditions is contained in Article 40 of the Law on Enforcement Proceedings.
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Application for suspension of enforcement proceedings
Reasons to submit an application to the bailiff to suspend enforcement proceedings
There are circumstances that entail an unconditional suspension of enforcement proceedings. And if they are available, it is enough to fill out an application and confirm their presence. These include:
- death, recognition as dead or missing of a debtor in enforcement proceedings. This circumstance is also the basis for filing an application to terminate enforcement proceedings. But only in the case where there is no succession of the rights and obligations of the debtor under the writ of execution. If succession is allowed, it means that the proceedings are only suspended;
- recognition of the debtor as incompetent or partially capable. Proceedings will be suspended until a guardian or conservator is appointed to such person;
- participation of the debtor or claimant (but only at the request of the latter) in combat operations as part of the Armed Forces, performing tasks in emergency situations or martial law;
- revocation of a banking license from a credit organization (applies only to the debtor - a banking or credit organization);
- application of bankruptcy proceedings to the debtor (both organization and individual) in accordance with Federal Law;
- acceptance by the court of an application for exemption from collection of the enforcement fee, deferment, installment plan, reduction of its price;
- sending by the bailiff in accordance with the law a notice of seizure (only the property of the debtor organization), etc.
The circumstances in connection with which the final decision is entrusted to the bailiff include (the right, but not the obligation to suspend proceedings):
- treatment of the debtor on an inpatient basis;
- search for the debtor or his property;
- the debtor's military service (when this is not his professional activity, but a temporary activity);
- instructions to the bailiff to carry out enforcement actions at a place other than the place where enforcement proceedings were initiated.
In such cases, an application from the debtor (in rare cases, the claimant) is almost always required.
Reasons
The procedure for suspending enforcement proceedings is regulated by Federal Law No. 229-FZ of October 2, 2007. It represents a temporary suspension of all enforcement measures on the basis of the relevant act (resolution).
The decision to suspend enforcement proceedings can be made by both the bailiff and the court. However, the reasons for contacting them will be different.
Request for stay when filing a complaint
When filing a complaint against the actions of a bailiff, the initiator may ask to suspend the proceedings. Without such a request, the head of the regional service or his deputies have this right. But it is not a fact that it is used. Therefore, the applicant may draw attention to the need to suspend proceedings (and therefore all enforcement actions) until his complaint is considered on the merits. It may not make sense to draw up a separate statement. Such a request can be stated in the text of the complaint.
Up-to-date information on the progress of production is usually posted on the official website of the FSSP. If it is missing, you must apply to familiarize yourself with the enforcement proceedings.
Fully or partially?
The Law on Enforcement Proceedings provides that they may be suspended either in full or in part. In the latter case, the suspension concerns only individual executive actions.
The question of whether enforcement proceedings should be suspended in whole or in part is decided depending on the circumstances of the case (i.e. the reasons for its suspension). If it concerns only some enforcement actions, a partial suspension is allowed. In other cases, the court or bailiff issues a full suspension order.
Expert opinion
Lawyer Alexander Vasiliev comments
For example, if the basis for suspending enforcement proceedings is the challenge of the enforcement fee by the applicant, then it is suspended only partially - in terms of collection of the enforcement fee.
In most cases, a partial suspension occurs when the reason for the suspension is not absolute and the resolution of the issue depends on the discretion of the government body receiving it - the court or the bailiff.
Drawing up, filing and consideration of a petition by a bailiff
When drawing up an application to suspend enforcement proceedings, there is an important nuance. This article deals only with contacting the bailiff service. But there are a number of reasons why the parties to the proceedings or the bailiff must or can only apply to the court to suspend the proceedings. The grounds are contained in Article 39 of the Law.
So, the application (both to the court and to the bailiff) indicates the parties to the enforcement proceedings, its number and date, information about the writ of execution. The following is the basis for suspending enforcement proceedings. The period for which it is required to be suspended (when it can be established). The applicant provides written evidence of the existence of the relevant grounds.
The bailiff formalizes the decision based on the results of consideration of the application by an appropriate resolution. Enforcement proceedings are suspended until the grounds that gave rise to it are eliminated. Indicating the deadline, or until the relevant grounds are eliminated. A refusal to satisfy an application to a bailiff to suspend enforcement proceedings can be challenged by filing a complaint with a senior bailiff or in court.
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74 comments on ““Termination and completion of enforcement proceedings. Simple and accessible."
- Svetlana
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12/10/2019 at 1:21 pm
Hello! Glad to chat! I will be happy to receive your newsletter! Thank you.
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- Galina
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06/14/2020 at 18:29
Thank you. It was very interesting. I'll subscribe to your newsletter. Everything was said in simple language.
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Ilisheva Elvira
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03/04/2021 at 14:34
Thank you
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- Andrey
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06/08/2020 at 09:23
Good afternoon. The bailiff seized the funds in the bank and wrote them off accordingly, upon request from the tax office. I didn’t know anything about the enforcement proceedings, no one notified me about this, and there were also no documents from the tax office. Is it the duty of the bailiff to inform the debtor of the initiation of enforcement proceedings?
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- Ilisheva Elvira
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03/04/2021 at 14:38
Andrey, hello! From the date of initiation of enforcement proceedings, the bailiff is obliged to send you a Resolution on the initiation of enforcement proceedings within 3 days.
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- Tatiana
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03/24/2021 at 16:50
Good afternoon Last year, the court granted my claim regarding the illegality of the decision made by the SPI to withhold the enforcement fee. The court decided that the specified resolution was not made legally (the obligation of the corporation to notify me, as a debtor, about the existing debt and about the individual entrepreneur in general was not observed). According to the court decision, the SPI was obliged within 10 days after entering into the law. the force of the decision, cancel the decision on execution. collection and return the written off funds. The decision entered into law. effective 08/24/2020. So far, the SPI decision has not been canceled. What should I do?. Through my personal account of the State Services, I submitted an application to the FSSP to terminate the individual entrepreneur. The application was registered with the department on February 25, 2020. And silence….
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- Ilisheva Elvira
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04/05/2021 at 09:32
Tatyana, hello! Contact the head of the FSSP personally with a request to take the case under personal control. Things will move forward. The actions of the SPI are illegal.
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Tatiana
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04/08/2021 at 15:41
Good afternoon The fact is that the head of the district office of the FSSP, where the IRS works, is unlikely to help me, because... I filed a complaint about the inaction of both of them to the Regional Prosecutor's Office with a request to cancel the IP and remove the arrests from my bank accounts. After the Regional Prosecutor's Office sent my complaint to the district one, which, in turn, to the main UFSSP of the region, and that directly to the district UFSSP, after a month and a half my accounts were unblocked, but the individual entrepreneur has still not been canceled or terminated. I need to write an application for the return of the illegally written off enforcement fee, but I can’t get the decision to be canceled...
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- Elena
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04/27/2021 at 19:07
Good afternoon. In 2021, an individual entrepreneur was initiated because she was unable to repay the loan. I have no property at all. Is it possible that the individual entrepreneur will be closed and how can I find out about it? Thank you very much in advance
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- Ilisheva Elvira
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04/29/2021 at 07:21
Elena, hello! The bailiff will complete the enforcement proceedings after he has completed all the steps to search for your property. If it is not found, then the individual entrepreneur is subject to termination with an act of impossibility of collection. You can track it on the official website of the FSSP of Russia.
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- Eugen
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05.05.2021 at 14:58
Hello. An individual entrepreneur came through government services from a bailiff from the collection agency Filbert for a loan dating back to 2021. I only just now learned about this agency and on what basis they can submit such documents. What can be done in this case. The case regarding this loan was closed.
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- Ilisheva Elvira
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05/11/2021 at 08:34
Evgeniy, hello! You can cancel the court order. Call us, we will help you cancel it. Tel.: 8 /351/ 215-97-00.
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- Olesya
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08/01/2021 at 07:52
Hello, what should you do if you resumed production, although it was closed due to the lack of any property?
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- Ilisheva Elvira
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08/16/2021 at 08:13
Olesya, hello! The claimant has the right to present the writ of execution an unlimited number of times, for life. What to do? Pay the debt off. Good luck.
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- Lily
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08/09/2021 at 18:17
Hello. If 50% is already withheld from your salary. How to stop the execution of production?
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- Ilisheva Elvira
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08/16/2021 at 08:11
Lily, hello! Until you pay off the debt in full, the enforcement proceedings cannot be completed. Or you can solve the issue this way: ask the bank to revoke the writ of execution from the FSSP and pay the bank yourself.
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- Ural
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08/11/2021 at 16:41
Good afternoon The court canceled the court order and sent the debtor a ruling to cancel the court order. Having received such a determination in hand, the debtor must send it to ROSP. Is it possible to independently send an electronic image (scan) of a court ruling to ROSP through the debtor’s personal account on the State Services portal? What are the deadlines for delivery of a court ruling to ROSP in the original and electronically?
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- Ilisheva Elvira
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08/16/2021 at 08:07
Ural, hello! The court itself must send the Determination to cancel the order to the ROSP, contact the court to find out if they sent it? Next, keep in touch with ROSP.
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- Olga
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08/12/2021 at 14:37
Tell me, please, is the bailiff obliged or not obliged, on the basis of the law, to go to court to terminate enforcement proceedings in connection with the death of the debtor, or should the legal successors of the deceased do this? The father died before he could pay an administrative fine for unpaid parking. After his death, enforcement proceedings were initiated. In response to my appeal to the bailiff service, this is what they told me: that the bailiff cannot terminate the individual entrepreneur. It seems that it is written that the bailiff must go to court to terminate an individual entrepreneur if the debtor dies? Or is this a bailiff’s right, not an obligation? “In response to your appeal received by the Interdistrict Department of Bailiffs for the Collection of Administrative Fines No. 4 of the GUFSSP of Russia for Moscow (hereinafter referred to as MOSP for VAS No. 4), we inform you as follows. In accordance with Art. 43 of Federal Law No. 229-FZ “On Enforcement Proceedings”, in the event of the death of a debtor-citizen, enforcement proceedings are terminated by the court. The bailiff does not have the authority to terminate enforcement proceedings on this basis. Interdistrict Department of Bailiffs for the Collection of Administrative Fines No. 4 of the Main Directorate of the Federal Bailiff Service for Moscow 129347, , , , Moscow, , st. Yugorsky proezd, 22, building 1,
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- Ilisheva Elvira
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09/03/2021 at 12:56
Olga, hello! This is in your interests; go to court yourself. There's nothing complicated about it. You can contact us, we will help.
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Olga
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09/04/2021 at 20:22
Would you like to know which court and with what claim?
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- marina
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08/17/2021 at 13:38
Good afternoon. if several writs of execution have combined the proceedings into one case, but they all have different deadlines. How will cases for which the 3-year period has expired be closed?
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- Ilisheva Elvira
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09/03/2021 at 12:47
Marina, hello! If enforcement proceedings are being carried out by the Bailiff Service, it may take 5 or 10 years until the debt is fully repaid.
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- Iris
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08/29/2021 at 07:57
Hello, my daughter receiving a survivor’s pension, received an SMS from the bank that the amount for the individual entrepreneur was collected, she did not receive any letters or decisions in her hands or by mail. Can they collect from a survivor’s pension and what should we do to stop individual entrepreneurs?
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- Ilisheva Elvira
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09/03/2021 at 12:39
Hello Iris! Art. 101 FZ-229 On enforcement proceedings clearly states that it is impossible to foreclose on a survivor’s pension. You need to take a certificate from the pension fund and take it to the bailiff. He is obliged to remove the seizure from the account. As for the end, and not the termination, of enforcement proceedings, here the bailiff makes a decision. If all the answers are negative, then he can do it. It is still possible to cancel the court order, but this is a temporary measure.
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Iris
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09/03/2021 at 14:02
Hello, thank you! They took the certificate and sent it by registered mail with notification to the FSSP service. Waiting for a response. The pension was transferred to receipt through the mail. Since the pension fund explained that there was no request from the joint venture, she directly contacted the bank, without taking into account where the income from the account was coming from.
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- Oleg
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09/05/2021 at 21:46
Hello. A year ago, the court issued a writ of execution to a collection agency to collect the loan debt. On the basis of which the agency seized the account in Sberbank. It seemed convenient to me, I started putting money into this account to pay off the debt. The funds were written off to pay off the debt. The amount of debt also decreased, which was confirmed by information in the Sberonline personal account. This year, that is, a year later, the plaintiff cancels the seizure of the account and submits this writ of execution to the bailiffs. I am being seized with the original amount of debt, although part of it has been repaid. Can I stop enforcement proceedings due to disagreement with the amount of debt, a year after the court decision.
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- Ilisheva Elvira
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09.09.2021 at 13:23
Hello, Oleg! You need to go to court and object to the debt in writing.
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- Maria
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09/07/2021 at 06:24
Good afternoon Yesterday I received information on the government services website about a court debt related to housing and communal services. The problem is that I have not lived for a long time in the city where there was a court and enforcement proceedings. I don’t have real estate there and my permanent registration is also far from that city.
Is it possible to get details about this case remotely? I have every reason to believe that this is a mistake.
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- Ilisheva Elvira
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09.09.2021 at 13:20
Maria, hello! You need to contact the utility company with a statement in any form, stating the problem. Attach a copy of your passport 2-3 pages + registration. At the same time, write an application to the court to cancel the court order. Or ask the utility company to withdraw the writ of execution from the enforcement of the court decision. Everything can be resolved remotely. Need help, call.
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Maria
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10/27/2021 at 11:37 pm
Good afternoon The management company refused to withdraw the executive document. The judge issued a ruling in which he refused to cancel the court order, citing the fact that the deadline for filing the application was missed (I did not write a line about restoring the deadline for appeal, although the information that I live on the other side of the country and my relationship to the apartment is not I have it in the application).
What can be done in this situation with the court? Can I file a claim against the management company?
Thank you for your consultation.
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- Svetlana
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09.13.2021 at 15:35
Hello, in 2014 I changed my last name and passport. Now I saw at the bailiff’s office, under my old name, IP dated 2021, loan payments. What to do in this case? Please tell me. This is a scam. Passport does not exist, last name is different
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- Ilisheva Elvira
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09.14.2021 at 08:57
Svetlana, hello! You can change your last name at the bailiff service, but then they will update all requests, and they will begin to write off money and deductions from your wages. It’s better not to do this, it won’t interfere with your life. But sooner or later the collector will determine your real name... If the debts are large, then you can write them off by going through the bankruptcy procedure. Call for free consultation 83512159700.
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Svetlana
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09.14.2021 at 09:49
Thanks for the answer. But the question is different. I didn’t apply for the loan, some scammers did. Using my old passport, which I changed 6 years ago. And now I have a debt under my maiden name and a current individual entrepreneur
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- Natalia
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09.18.2021 at 12:21
Hello! An individual entrepreneur was opened for me on 07/02/21 due to non-payment of a loan to the bank. I received public services only on 09/13/21, can I cancel the individual entrepreneur or is time up? Thanks in advance for your answer
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- Ilisheva Elvira
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10/07/2021 at 15:39
Natalia, hello! You can cancel the court order.
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- Paul
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09/27/2021 at 01:43
In 2009, the court ordered me to pay 45,000 rubles to the victim in a criminal case, as compensation for damages. In the same 2009, the bailiff checked my property, accounts, assets, but found nothing, more than 10 years have passed since then, is the bailiff obliged to finish or stop production?
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- Ilisheva Elvira
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10/07/2021 at 15:32
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- Elega
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09.28.2021 at 21:03
Good evening. The FSSP has imposed restrictions on the registration of cars under individual entrepreneurs for credit debt. This debt has been repaid for six months already, but the individual entrepreneur has not been terminated. I can’t sell a car (What should I do and what should I do? Thank you in advance!
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- Ilisheva Elvira
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10/07/2021 at 15:28
Elega, hello! You need to take a certificate from the bank about repayment of the debt from the bank and take it to the FSSP to complete the IP with actual execution.
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- Evgeniya
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09.30.2021 at 10:24
Hello, what can you do? Due to legal debts, I cannot pass the Security Council and get a job. Is it possible to cancel, at least temporarily?
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- Ilisheva Elvira
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10/07/2021 at 15:25
Evgenia, hello! You need to close the IP debt with actual execution, that is, full payment, or negotiate with the banks to revoke the writs of execution.
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Valentina
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11/10/2021 at 16:17
Hello! The question is how to reach an agreement with the bank, I had 2 writs of execution in different authorities of the Federal Social Insurance Fund, in the end everything was closed (paid in full - personally written off by the bailiffs), but the bank does not close old accounts, which I have not used since 2013 and were not there funds, because they received orders from these bailiffs. The bank responds to my complaints, you need to contact the bailiffs yourself and resolve the issue, but they do not answer by phone or email, and it is not possible to travel far there. What to do, since the performance lists are already closed?
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Ilisheva Elvira
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23.11.2021 at 18:25
Hello Valentina! Write an application through State Services; requests submitted through the State Service will be answered. They are in control.
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- Andrey
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05.10.2021 at 13:23
Hello, yesterday I received a notice from government services about enforcement proceedings for allegedly failing to pay a fine for violating the mask regime (IP). Although I paid the staff 3 months ago! They threaten to seize all accounts, etc., if I do not pay (again!!!) the required amount within 5 days. Tell me what to do...
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- Ilisheva Elvira
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10/07/2021 at 15:06
Andrey, hello! You need to contact the bailiff service with a receipt for payment of the fine. Keep a copy for yourself. If the receipt has not been preserved, then obtain a certificate of payment of the fine from the claimant. The bailiff is obliged to remove all arrests from the accounts. Good luck.
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- Olga
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06.10.2021 at 18:31
Hello. The situation is as follows: in 2013 I took out a loan for relatives. At one time they paid, then they stopped without notifying me, the last payment is in 2021. At the moment, as I understand it, it is possible to interpret the LED. At the beginning of September this year, I find out that my accounts have been seized and that an amount has been collected from them in favor of the bank. I go to the Justice of the Peace, write an objection, read the case, and notice that in 2021 there was a cancellation, not significant, although I don’t remember anything being taken off me. The court order is canceled, I send the cancellation certificate to the bank through which the amount was collected and to the collecting bank. A month has passed and the money has not been returned. The following happened: today, government services receive a notification about the initiation of an individual entrepreneur. Please tell me what to do in this situation, what to do, and how to challenge this decision, finally???
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- Ilisheva Elvira
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10/07/2021 at 15:02
Olga, hello! As I understand it, the claimant has already received a writ of execution, and the deadline for filing an appeal has passed. We need to try to restore the deadline for appeal. The debt will be there, it won’t go away, it will probably only decrease. If the debt is unsustainable, then consider bankruptcy. Consultation is free. Tel.: 83512159700.
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- Hope
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10/15/2021 at 17:35
Hello, on 10/05/2021 the bailiffs seized the vehicle and accounts, the collector is a collection agency, the trial supposedly took place in 2021, and now they have started to demand, but why is the case number in court on OA Alfa Bank, and I have to pay using the same number business, only in some Trend LLC (for collectors) is all this legal?
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- Ilisheva Elvira
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10/18/2021 at 08:16
Nadezhda, hello! Perhaps Trend LLC filed an application for legal succession; not all actions are reflected on the court’s website. You can get acquainted with the determination of legal succession in court or at the FSSP.
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- Maria
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10/17/2021 at 00:57
Hello, I received a letter from the bailiff about the initiation of an individual entrepreneur dated January 21, 2020, by court order. I didn't receive the order. Can I cancel this IP and who should I write objections to?
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- Ilisheva Elvira
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10/18/2021 at 08:08
Maria, hello! An application to cancel the court order is written to the court that issued the order. If you need help, please contact us. Tel. 83512159700
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- Olga
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05.11.2021 at 17:00
Hello. I have an individual entrepreneur for housing and communal services debt. Can I go to the debt collector at the house management and pay the debt? If so, will the bailiffs' IP be closed in this case?
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- Ilisheva Elvira
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23.11.2021 at 18:41
Olga, hello! Yes you can. This will be the right decision. The claimant must himself write a statement about the end of the IP with actual execution.
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- Faith
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07.11.2021 at 11:43
Good afternoon An individual entrepreneur has been opened for me as of 10/22/2021. I have a ruling to cancel the court order. I sent it twice through State Services to the FSSP. But there is no reaction, he continues his activities. I couldn’t go because due to the lockdown, the bailiffs were not accepting citizens. What to do next? And what to do if the bailiff does not respond to the determination?
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- Ilisheva Elvira
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23.11.2021 at 18:36
Hello! Write a complaint to the Prosecutor's Office, attaching your appeals to the bailiffs.
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- Arina
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11.11.2021 at 20:15
Hello. I received a ruling to cancel the court order for collection. the bailiffs had all the arrests lifted, but they still withheld 50% from the salary. Where to go: to the bank or again to the bailiffs? and with what? I don't understand
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- Ilisheva Elvira
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11/17/2021 at 09:01
Arina, hello! If there is no more individual entrepreneur, then take 2 orders from the bailiff, one to take to work about canceling deductions from income, the second to the bank about canceling foreclosure on funds. It happens that the bank does not remove the seizure from the account.
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- Valery
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11/12/2021 at 1:18 pm
Tell me, in 2021, enforcement proceedings were initiated, but I did not receive anything and the bailiffs are only adding legal costs, no one is looking for me, there is nothing at all, how long can this continue?
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- Ilisheva Elvira
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23.11.2021 at 17:53
Valery, hello! The amount increased once with an enforcement fee of 7%, but not less than 1000 rubles. The amount cannot change upward. If you have not received a resolution to initiate enforcement proceedings, then it makes sense to challenge the actions of the bailiff in terms of issuing a resolution on the enforcement fee. The fact that they are not looking for you is because you are a passive collector, and the bailiff has no time. What a score. If the amount of debt is more than 300,000 rubles, consider the option of writing off the debt through the court, that is, going through the bankruptcy procedure. Then put an end to it once and for all, there will be no debt. And so the writ of execution can be presented for a very long time until the debt is fully repaid. Tel: 83512159700.
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- Julia
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11/13/2021 at 00:50
Hello, I had a bankruptcy procedure, the debt was written off, but there is information on the FSSP website, “seizure”, I came to the bailiffs, wrote an application and a court decision, but never received an answer, I call and write, they just ignore me, what should I do?
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- Ilisheva Elvira
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11/17/2021 at 08:58
Hello Julia. Write a complaint to the FSSP Office, the Prosecutor's Office.
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- Daria
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11/13/2021 at 07:56
Good afternoon, the state services have received a resolution to initiate enforcement proceedings for debt at the place of registration, I have not lived at the place of registration for a long time, I am not the owner, and one of these days I have to register at a different address, will it be possible to cancel the writ of execution?
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- Ilisheva Elvira
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11/17/2021 at 08:56
Hello, Daria! You can cancel if a court order has been issued, if it is a sheet, then you need to go to court, if the deadline has been missed, restore it, and appeal the court’s decision. Need help, call: 83512159700
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- Anna
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11/14/2021 at 03:15
Good morning, please tell me how long it will take for the writ of execution to be renewed? I wrote an application back in early November for renewal. Thank you.
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- Ilisheva Elvira
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11/17/2021 at 08:53
Anna, hello! You're a claimant, right? At the end of the IP, the writ of execution is returned to the claimant; without it it will not be renewed. You need to write an application to initiate an individual entrepreneur, attaching a writ of execution and account details for the transfer.
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- Victoria
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09.12.2021 at 17:26
Hello, please tell me, today I received an SMS from the bank, debiting funds for an individual entrepreneur. The court order came several years ago and I canceled it, but at the moment no papers have arrived. The bailiffs said that there was a trial in August of this year. Can they open enforcement proceedings without a court order?
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- Ilisheva Elvira
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12/17/2021 at 13:26
Victoria, hello! The FSSP executes court decisions. Without a decision, there is no enforcement proceedings.
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- Novel
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12/12/2021 at 22:43
Good afternoon. I'm interested in the sequence of actions in the following situation. The court order on the basis of which enforcement proceedings were initiated was cancelled. A petition to terminate enforcement proceedings was submitted through the government services portal. Despite the attached scans of documents, the senior bailiff refused to terminate the enforcement proceedings, due to the unfoundedness of the arguments and circumstances provided. Now I’m on a business trip for the next two weeks, I can’t come in person. What are the next actions? Upon arrival, bring the original documents and submit them through the office or file a complaint with a higher authority and how to do this? Thank you in advance
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- Ilisheva Elvira
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12/17/2021 at 13:22
Roman, hello! You must provide the original DECISION ON CANCELLATION OF THE COURT ORDER. AND IN GENERAL THE COURT SHOULD PROVIDE HIM TO THE FSSP.
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- Tatiana
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12/14/2021 at 22:18
Hello, do the bailiffs have the right to collect the entire salary and if I want to go to court to stop the production case since I pay the loan monthly at 6,000 500 rubles until the end of payment of this loan, where can I go for help?
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- Ilisheva Elvira
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12/17/2021 at 13:19
Tatyana, hello! Resolve this issue with the bank, this is a simple option, ask to revoke the writ of execution. It will be faster this way.
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- Solovyova Rimma
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12/16/2021 at 16:43
Hello. Tell me whether it is possible and necessary to send the bailiffs a copy of the application to the magistrate’s court to restore the deadline for filing objections regarding the execution of the court order and to cancel the court order, which is already in court and awaiting a ruling. After all, the bailiff has already opened an individual entrepreneur and will write off 50% of the pension, which I will then return for several months. It happened before. Thank you.
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- Ilisheva Elvira
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12/17/2021 at 13:10
Hello, Rimma! You need to send an application to the FSSP to suspend the individual entrepreneur, attaching a copy of the application with a court mark on acceptance of the application.
Answer
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Due to the pandemic
Due to the coronavirus, in connection with the moratorium on bankruptcy of a number of organizations, enforcement actions against them were also limited. According to the Decree of the Government of the Russian Federation of April 3, 2020 No. 428 for a period of 6 months (until October 6, 2021):
- claims against debtors may be considered and writs of execution may be issued against them; however
- it is impossible to apply enforcement measures or foreclose on property;
- but at the same time, it is possible to limit the disposal of the debtor’s property (Review of the Supreme Court of the Russian Federation dated April 21, 2021 on certain issues of judicial practice related to the application of legislation and measures to counter the spread of the new coronavirus infection COVID-19 in the Russian Federation).
