The executive sheet is a document, the basisfor the preparation of which was a decision rendered by a court or other authorized body that considered a case in civil or administrative legal relations. This act reflects the details of the organization that issued it, the name of the obliged and authorized party, and also explains their obligations and rights.
The executive sheet can be drawn up in the forma separate document. In its text, the subject is indicated, which is obligatory for execution. The executive list can also be issued in the form of a competent person's decision. In this case, the obligatory subject for execution is indicated in the operative part. In a judicial act that is enforceable, it is possible to impose obligations on third parties that do not belong to any party to the case. An example of this can be the collection of certain sums of money from the debtor through the accounts of the enterprise where he works. This department is responsible for retaining and transferring part of the labor payment accrued to this employee on the settlement account of the exacting party.
The judicial authority may be imposedobligations and institutions of banks. These financial organizations, according to the writ of execution, block money amounts on the debtor's accounts, and also write off certain funds from them. Legal entities or natural persons are required to grant access to bailiffs when they hold property on their territory that is supposed to be recovered. Equitable legal force with the writ of execution may be vested in other documents. This type of paper can be referred to an agreement for the payment of alimony, if it is certified by a notary.
The executive sheet is received in that body,who was busy with the case. Issue it on the day from which this decision acquires legal rights. Basically, this deadline comes ten days after the verdict. An exception are some cases when the moment of announcement of the decision coincides with the beginning of its action. The executive sheet can be issued directly to the hands of the exacting party, and also transferred for execution to the bailiffs.
The time for presenting the writ of execution isa period of time established by legislative acts during which this document can be presented for recovery of the funds indicated therein. These actions are stipulated in the arbitration procedural code of the Russian Federation and are reflected in Article 321. According to the first point, the validity of the writ of execution is three years, starting from the date of acquisition by this act of legal force, or from the day of the expiration of the deferral of collection. If, for some reason, the document has not been presented for some reason in the code, it is possible to make a determination on restoring the claims. In this case, they can be brought within three months.
There is a time limit for collecting andfor bailiffs. They are released for production two months. In practice, quite often there are cases when debts are collected for years. In the worst case, production can be completed by an act on the impossibility of paying the debt. However, the legislation provided for the repeated right of the recoverer to produce a writ of execution. An act reflecting the impossibility of obtaining a debt is drawn up only if the obligated party does not have an official or permanent source of income. And also if it does not have a different kind of property (real and movable). That is all that could be realized in payment of a debt.</ p>>