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Enforcement proceedings lawyer- the forced resolution of problems with contractors!

The party that lost the lawsuit is in no hurry to execute the court decision, right? The only effective way at this stage is enforced recovery of debts from the counterparty. Entrust the enforcement proceedings support to Law & Wise experts: their experience with departments of the Federal Bailiff Service, the Ministry of Finance of Russia, Federal Treasury bodies, local and state financial bodies, allows you to solve problems related to the performance of the debtor’s obligations!

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Law & Wise – comprehensive support of executive proceedings until the debt is paid!

The Law & Wise law office experts undertake consistent actions to protect the client’s interests at the stage of the enforcement proceedings:

  • Analyze information about the debtor (liabilities, assets, information about the founders and beneficiaries of companies, the history of litigations and enforcement proceedings, financial (accounting) statements) free of charge.
  • Provide the client with an opinion on the results of the analysis and a forecast of the recovery possibility and further actions. Propose possible ways of debt collection (bankruptcy of a company, imposing secondary liability on managers, etc.).
  • Receive executive documents and send them to the appropriate institution (bank, bailiffs, and financial authorities).
  • Initiate enforcement proceedings and impose injunction.
  • Supervise the work of bodies that execute judicial acts on a debt recovery.
  • If necessary, make an appeal against the actions of officials in higher authorities and courts.
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QUESTION-ANSWER

Is it possible to appeal against the actions of the bailiff?

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In case the bailiff does not fulfill or improperly fulfills the requirements of the Federal Law dated 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, the person may file a complaint regarding his actions / inaction by way of subordination within 10 days after the bailiff issues the decree, or within 10 days from the time when the person learned or should have been informed of the decree. The unsatisfactory decision can be appealed to the court.

How can one find out online the debt to the FSSP?

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Today, there are several ways to interact with bailiffs regarding debt. You can personally visit your local FSSP at the place of your registration or use the online service on the bailiffs official website for the exact answer.

Who besides bailiffs executes court orders?

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The law provides for the possibility of submitting executive documents on collecting money to banking and credit institutions, and in the case of collecting money from the budget of the Russian Federation, executive documents must be submitted to the treasury bodies, financial bodies of the relevant subject of the Russian Federation or the municipality.

What is the time limit for the bailiffs to initiate executive proceedings?

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According to Art. 30 of the Enforcement Law executive proceedings are initiated based on an executive document following the petition of the recoverer. The petition and the executive document are submitted to the bailiff within 3 days from the date they were received by the bailiff unit, and within 3 days from the day the documents were received, the bailiff makes a decision either  to initiate or refuse the enforcement proceedings.

We lost the writ of execution, how can we restore it?

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In cases of loss of the execution writ, you have the right to receive a duplicate. To do this, you must submit an application (describing the circumstances of the loss) within 3 years from the date of the original document issuance. Please note that the application is submitted to the court that issued the original.

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