Filing an application to terminate enforcement proceedings

Enforcement proceedings are a process during which the forced collection of obligations from the debtor is carried out. This activity is carried out by the bailiff service. In order to terminate the collection, it is necessary to have specific grounds provided for by law. If there are grounds, you can submit an application to terminate the current enforcement proceedings.

Grounds for termination of enforcement proceedings

The grounds for termination of enforcement proceedings are specified in Art. 43 Federal Law No. 229 “On Enforcement Proceedings” - separately for the court and bailiffs. Accordingly, the basis will determine whether to file an application to terminate enforcement proceedings in court or in the OSB (an abbreviation meaning the department of bailiffs - a structural division of the FSSP - the federal bailiff service).

Proceedings in the case can be completed by the FSSP officer by whom it was opened

When contacting bailiffs to terminate enforcement proceedings, the grounds may be one of the following:

• The court's decision to terminate the execution of a document (writ of execution or order) that was issued earlier;
• The court's acceptance of the claimant's refusal to foreclose;
• Conclusion of a settlement agreement between the claimant and the debtor;
• Cancellation of the judicial act, which was the basis for issuing the court order;
• Cancellation or invalidation of a writ of execution;
• Exclusion of a debtor or claimant, who is a legal entity, from the unified state register;
• Termination of obligations to pay alimony;
• Recognition of a debt as hopeless for collection.

An application for termination of enforcement proceedings is submitted to the court in the following cases

A statement of claim for termination of enforcement proceedings can be filed if there are the following grounds:

• There is a confirmed fact of death of the claimant or debtor;
• The claimant was declared missing;
• There is no person who could act as a legal successor;
• The writ of execution cannot be executed;
• The claimant himself abandoned the property that was seized during the proceedings.

There are exceptions when jurisdiction changes. For example, an application to terminate enforcement proceedings for the payment of alimony can be filed with the court when it comes to:

• Adoption (but if the parent, at his request, retains parental rights, child support will continue to be collected from him);
• Challenging paternity (you can apply for termination of alimony payments either simultaneously with challenging paternity, or after a decision has been made that there is no relationship between the persons).

Is it possible to cancel the writ of execution?

The legislation does not provide for the right of a person to apply to cancel a writ of execution. However, the law also includes a court order among the executive documents on the basis of which the bailiff initiates proceedings.

This rule is established:

• Part 3 Art. 123.1 CAS RF;
• Part 2 Art. 229.1 Arbitration Procedure Code of the Russian Federation;
• Part 2 Art. 121 Code of Civil Procedure of the Russian Federation.

The procedure for writ proceedings in arbitration courts and courts of general jurisdiction is almost identical. The act issued by the court must be sent to the debtor, who, in turn, has the right to object to its execution. The period for filing objections is set at 10 calendar days.

Cancellation of an order issued by a court is unconditional upon receipt of an application from the debtor.

The objection itself must contain:

• name of the court that issued the act;
• information about the parties to the case (full name, names, addresses);
• case number;
• information about the order issued and the circumstances of the consideration of the case;
• disagreement with a judicial act;
• the grounds on which the debtor considers the order subject to cancellation (with reference to the law);
• a request to cancel a previously issued act;
• list of documents attached to the objection.

This is important to know: Statement of claim to the magistrate: sample 2021

The objection must be signed by the applicant or his representative, whose authority is duly formalized.

How to write an application to terminate enforcement proceedings?

What is the best way to write an application to terminate enforcement proceedings? Such a statement does not have a required form. But it is worth trying to ensure that the person who will read it and decide on further actions understands everything correctly. So the facts should be presented clearly, accessiblely and consistently.

The application should indicate:

• Position, surname of the bailiff who carries out the proceedings;
• Name of the bailiff unit;
• Applicant details and contacts.

In the middle of the sheet after the header you need to write the word “Statement”. This is followed by a descriptive part in which you need to indicate the case number, the date on which it was filed, and information about the court's decision. Then comes the pleading part, in which it is necessary to state a request to terminate the proceedings, describing the circumstances that are the grounds for this. It is imperative to make references to the relevant legislation. At the bottom of the document is a list of documents attached to the application, a signature and date.

The form and content of the application addressed to the court or bailiff, who is the executor, is almost no different, except for the contacts and data of these authorities.

What information should be included in the application?

Like a standard claim, this statement consists of several parts:

1. Introductory, where contact information about the parties to the proceedings is provided.
2. Basic, with information relevant to the issue under consideration.
3. And the final one, containing the applicant’s request and a list of attached documentation.

Carefully compose the first part of the application, because it will determine which body considers the application. Typically, the application is submitted to the bailiff department, which is responsible for collecting money from the debtor. However, it is possible to send an application to court. Accordingly, you need to provide the name of the body to which the application is sent and its address.

Then there is information about the parties to the proceedings. First, the debtor provides his/her full name, residence or registration address, contact numbers and other useful information. Next, indicate the name or full name of the claimant. Here you also need to provide your address, contact details, etc. On the side of the claimant, both private individuals and homeowners' associations, management companies, financial and other organizations can act.

This is important to know: Statement of claim for restoration of parental rights

After the end of the introductory part, the title of the application is indicated and the essence of the appeal is stated. A well-written sample application to the court for termination of enforcement proceedings from the debtor must contain the following data:

• what resolution was the reason for the commencement of enforcement proceedings;
• provide the number and date of issue of this document, as well as the name of the bailiff who initiated the proceedings;
• which court made the decision that served as the basis for issuing the resolution (provide the name of the authority);
• you will also need to indicate the date of the decision and its entry into legal force;
• what debt was collected during the consideration of this case (utility payments, debt for renting premises, etc.);
• what is the amount of the above debt (write in numbers and duplicate in words);
• on what basis is it necessary to cancel this determination (the obligation has been fulfilled, the decision has been appealed, or for other reasons);
• when circumstances occurred that served as grounds for canceling the debt collection proceedings (date of entry into force of the new court decision, etc.).

Next, you need to refer to the legislative norms governing these legal relations, and you can move on to the final part. Here you need to ask to stop the enforcement proceedings, once again indicating information about it, as well as information about the claimant. The following is a list of attached documentation. Typically it consists of:

• cassation ruling on a complaint;
• confirmation of fulfillment of the obligation;
• death certificate of one of the parties to the case;
• written refusal of collection by the creditor;
• and other documents confirming the need to satisfy the request.

At the end there is the date of application and the signature of the person applying with a transcript.

How to apply for termination of enforcement proceedings?

An application for termination of proceedings must be submitted to the court in the area in which its execution takes place. The court must consider the application within ten days after it is received. The court hearing can also take place in the absence of the bailiff, the collector and the debtor. Based on the results of the meeting, the court must make a positive or negative decision, which can be appealed to a higher authority by filing a complaint. Fifteen days are given for this.

An application to terminate the proceedings, addressed to the bailiffs, is submitted to the same department that conducted the proceedings. A resolution to terminate enforcement proceedings can be written by the same official who opened it.

Both when going to court and when appearing at the bailiff service, it is necessary to prepare a copy of the application in advance. It is needed so that the court office or the OSB can put a signature and date on it indicating acceptance. In this case, there is a guarantee that the application will not be lost. If the application is sent by letter by mail, then a receipt for sending the letter, a list of the attachment certified by the post office, and a paid delivery note may serve as such a guarantee.

The state fee when filing an application to terminate enforcement proceedings is not paid, since the Tax Code does not provide for it.

Cancellation of enforcement proceedings by court order

Is it possible to cancel enforcement proceedings by court order if the debtor does not agree with the opinion of the court?

To ensure that courts make decisions quickly, there are writ proceedings in many cases. This phenomenon is far from perfect, especially in matters related to proper notification of debtors about the existence of court orders against them.

The main difference between a court order and other court decisions is that they are issued by the court as a result of a simplified procedure for considering cases. A simplified procedure is provided not only for its adoption, but also for its cancellation.

How to cancel enforcement proceedings based on a court order

Before proceeding to the interpretation of the algorithm of the procedure necessary to cancel and terminate the enforcement of forced collection, it is necessary to note a number of factors.

The fact is that there are several options for the development of events.

They depend on the following circumstances:

1. The moment when the debtor learned about the existence of a court order against him.
2. Which body made this decision?

If the FSSP began enforcement proceedings against you, it means that the bailiff had grounds for this. In other words, he has a writ of execution in his hands.

However, it often happens that this document is invalid. Bailiffs rarely bother to find out all the circumstances of the case. As a result, it turns out that the enforcement proceedings were initiated illegally.

This is important to know: Compulsory enforcement authorities in enforcement proceedings

In addition, it is necessary to carefully understand the deadline for initiating enforcement proceedings under a court order.

Time limits for initiating enforcement proceedings

The time allotted for the bailiff to initiate enforcement proceedings is three days from the date of receipt of the enforcement document.

At the same time, a deadline must be established for the manifestation of the voluntary nature of fulfillment of the requirements contained in the executive document.

As a rule, it does not exceed five days. After making such a decision, the bailiff sends the entire package of documents to the debtor.

After considering the period for initiating enforcement proceedings on a court order, allotted for the bailiff to make a decision, it is necessary to touch upon the legality of the bailiff’s actions.

As mentioned above, if the debtor was not familiar with the executive document, the moment of entry into legal force did not occur. Consequently, the FSSP initiated enforcement proceedings without grounds.

In this case, in order to cancel the enforcement proceedings, it is necessary to obtain the cancellation of the court order. To find out how to do this, read the article further.