A writ of execution in favor of the bank. How to present a writ of execution to the debtor's bank

The official actions that bailiffs take to collect debts is a long process. Many creditors who have obtained a decision in their favor in court are not able to wait for a long time for it to be enforced. However, according to Russian laws, the Claimant can receive the money owed to him from the debtor without the assistance of civil servants, if they are kept in the bank simply by submitting an application for a writ of execution.

The legal basis for the Recoverer's appeal to the bank is the following legislative acts:

Federal Law No. 229 "On Enforcement Proceedings", Clause 1, Art. 8, Art. 70;
Regulation of the Central Bank of Russia No. 285-P, “On the Procedure for Acceptance and Execution by Credit Institutions and Subdivisions of the Bank of Russia Settlement Network of Executive Documents Submitted by Recoverers”.

These documents detail the conditions, terms and rules for the fulfillment of the Recoverer's requirements by banking and credit institutions.

How to find out information about accounts

The first action of the creditor is to search for accounts opened by the debtor and having a positive balance. Finding this data is quite simple if the defendant is not an ordinary person, but an officially registered legal entity. And according to the law, each organization must report comprehensive information about its accounts available in any banking structure to the tax inspectorate at the place of registration.

In this case, taxpayers must transmit information within a week after the completion of banking operations. Therefore, the IFTS of the Russian Federation contains the most relevant data on the accounts of everyone who is a legally registered legal entity.

Russian legislation gives the recoverer the right to receive information from the tax service concerning the debtor. To find out the information he needs, he needs to follow these steps:

determine in which division of the Federal Tax Service of the Russian Federation the legal entity is registered;
draw up a statement in which to ask for information about the registered accounts of the debtor, add to it a duplicate of the writ of execution (notarized);
get help, which will record the requested data.

The tax service is obliged to respond to the application within three days after the documents are accepted for consideration.

Procedure for submitting an application

Having received the necessary information about the current accounts of the debtor, the Claimant can already apply directly to the bank. The procedure for meeting the requirements set out in the executive order is carried out in the following sequence:

the recoverer draws up an official appeal to the banking structure, which sets out the essence of the court decision in his favor and the request to withdraw money from the debtor's account with their subsequent transfer to the recoverer's account;
an executive document is attached to the application;
a bank employee enters data on the documents he has received in the register;
the bank's management creates a collection order, drawn up in accordance with the Regulation of the Bank of the Russian Federation of 03.10.2002 "On non-cash payments in the Russian Federation".
bank employees transfer money, which is credited to the Recoverer's account within three days.

This completes the procedure for collecting money. For the fastest and most successful execution of this operation, it is necessary that all documents submitted to the bank are correctly completed.

Rules for drawing up and sample application

An application to the bank on behalf of the Claimant must contain the following information about him:

Full name, indication of citizenship;
detailed passport data;
place of residence;
account number to which funds should be transferred.

In the event that the Claimant is an official legal entity, then it shall indicate:

Name of the organization;
TIN, code of a foreign organization;
details of state registration (place and number);
official legal address;
the number of the bank account intended for crediting money to it.

When the interests of the organization are fulfilled by its representative, then in the statement he writes:

data of the document in which his powers are officially established;
complete information about yourself;
complete information about the organization.

When transferring a ready-made application to a financial institution, it is necessary that the bank employee who officially accepts it for consideration issues a copy to the Claimant, which will contain:

date of acceptance;
bank seal;
personal signature of a bank employee.

This procedure will help to avoid any misunderstandings in the future.

Amount of penalties

The banking organization is obliged, after the adoption of the resolution on the collection of funds, to transfer the full amount specified in the document submitted by the Claimant.

Immediate conditions for making a transfer:

the debtor's open account has an amount sufficient to carry out this operation - it will be completed in full within three days;
the debtor opened not one, but several open accounts in one bank - the management has the right to dispose of any of them or all of them at once;
there is not enough money on the debtor's accounts in order to fulfill the requirements of the Recoverer - the transfer will be made for the available amount, and the rest of the funds will be collected as they are received on the debtor's account.

As soon as the money, according to the decision of the court, is fully transferred to the account of the Claimant, the case is considered closed. Bank employees send the executive document to the authority that issued it.

How to collect funds from a debtor from different banks and a statement of revocation

The debtor may well have full accounts in different financial institutions. This complicates the collection procedure somewhat. In this case, you will have to go through the procedure of contacting the bank, writing an application and submitting documents several times.

Actions should begin with the organization in which the owed organization has the largest savings. As soon as they are all listed directly to the Claimant, but they will not be enough, it makes sense to contact the employees of the financial structure in order to revoke the executive document. By law, the sequence of this action is as follows:

The claimant submits an application in which he informs about the revocation of the writ of execution;
the next day (not later) the bank returns the writ of execution;
a record is made in the log book by the bank's employees that the writ of execution was returned;
The claimant takes the document personally and signs the application, indicating the date of receipt; or a writ of execution is sent to him by mail.

On the reverse side of the writ of execution, which was withdrawn from the bank, it is certainly indicated:

what is the reason for his return;
revocation date;
the amount that was collected from the debtor.

All records are certified personally by the accounting officer and the chief accountant, and the document is stamped with the bank.

The Federal Law "On Enforcement Proceedings" No. 229-FZ of 02.10.2007 gives an additional opportunity to the Recoverer, according to the executive document on the recovery of the amount of money from the debtor - a legal entity, to independently present the executive document for execution to the bank in which the debtor has opened accounts ... And, without initiating enforcement proceedings, to foreclose on the funds in the accounts.

The legal basis for the presentation of a writ of execution to a bank or other credit organization directly by the recoverer is clause 1 of Art. 8, Art. 70 FZ "On Enforcement Proceedings" No. 229-FZ dated October 2, 2007. As well as the Regulation of the Central Bank of the Russian Federation "On the Procedure for Acceptance and Execution by Credit Institutions, Subdivisions of the Bank of Russia Settlement Network of Execution Documents Submitted by Claimants" dated April 10, 2006 No. 285-P (hereinafter referred to as the Regulations), which establishes the procedure for the acceptance and execution by credit institutions and subdivisions of the settlement network of the Bank of Russia (hereinafter referred to as banks) of executive documents submitted by claimants (legal entities and individuals) directly to banks in which bank accounts are opened debtors.

This legal mechanism makes it possible to significantly reduce the terms, in comparison with the collection within the framework of enforcement proceedings, for the fulfillment of the requirements of enforcement documents on the collection of monetary amounts.

What should the Recoverer undertake in order to present a writ of execution to the bank and receive the funds that are in the debtor's accounts?

The first thing to do is to determine in which bank the debtor's bank accounts are opened.

There are many ways to obtain this information, let us dwell on the one that was provided to the Claimant by the Federal Law "On Enforcement Proceedings" No. 229-ФЗ dated 02.10.2007.

Information about all open bank accounts is available in the Inspectorate of the Federal Tax Service of the Russian Federation, at the place of tax registration of the debtor. In accordance with current legislation, any organization must, within 7 days from the date of opening or closing accounts, notify the tax authority in writing at the place of its registration. The same responsibility is imposed on the bank. Thus, information about the organization's open accounts with the tax authority is always up to date.

In order to obtain information about open accounts in banks or other credit institutions from the tax authority, you need to perform a number of simple steps, namely:

The application can be submitted to the nearest tax office, the database of accounts is the same for the whole of Russia. It is not at all necessary to send a request to the Moscow tax office if the debtor is registered in Moscow. The request can be submitted to the inspectorate in your city, and the tax authority is obliged to provide information within 7 days.
Prepare and submit an application to this territorial body of the Federal Tax Service of the Russian Federation to provide information on the presence or absence of the debtor-organizer of accounts and deposits in banks and other credit institutions. This application must be accompanied by a duly certified copy of the executive document, a copy of the power of attorney (if the application is submitted by a representative).
Receive a statement containing the required information.

The Inspectorate of the Federal Tax Service of the Russian Federation is obliged to provide information available to it about the presence or absence of the debtor-organization of accounts and deposits in banks and other credit institutions in three days.

Currently, the legal basis for the collector to obtain the specified information are clauses 8-10 of Art. 69 FZ "On Enforcement Proceedings" No. 229-FZ, Order of the Ministry of Taxes and Taxes of the Russian Federation dated January 23, 2003, No. BG-3-28 / 23 "On approval of the procedure for providing information to a claimant by tax authorities" (invalidated due to the publication of the Order of the Ministry of Finance of Russia, the Federal Tax Service (FTS of Russia) dated July 22, 2011 N ММВ-7-7 / [email protected]"On recognizing as invalid the order of the Ministry of Taxes and Duties of Russia dated January 23, 2003 N BG-3-28 / 23"), Decision of the Supreme Arbitration Court of the Russian Federation dated 03.03.2004 No. 15527/03.

After you have received information about the debtor's bank accounts, you can submit a writ of execution for execution.

The current legislation provides for the following sequence of actions of the Claimant:

The recoverer presents an executive document to a bank or other credit organization, and simultaneously with it the recoverer submits an application to the bank or other credit organization.
The Bank registers the application and the executive document in the journal specified in clause 2.1 of the Regulations.
The Bank draws up a collection order in accordance with the procedure established by the Regulation of the Bank of Russia dated October 3, 2002 N 2-P "On non-cash payments in the Russian Federation". The execution of a collection order drawn up on the basis of an executive document is carried out by the bank in accordance with the procedure established by the regulatory acts of the Bank of Russia governing the implementation of cashless payments, no later than 3 days after the bank accepts the executive document

An individual must indicate in an application for submission of a court order to a bank or other credit organization:

Full Name;
citizenship;
details of an identity document (for a citizen of the Russian Federation, this is a passport; you must indicate the series, number, by whom and when issued, subdivision code);
place of residence or place of stay;
taxpayer identification number (TIN is indicated if available);

The representative of the legal entity in the application indicates:

Name;
taxpayer identification number or foreign organization code;
state registration number;
place of state registration;
legal address;
details of the bank account to which the collected funds should be transferred.

At the same time, a very important point is that in accordance with paragraph 3 of Art. 8 of the Federal Law “On Enforcement Proceedings” No. 229-FZ dated 02.10.2007, “the recoverer's representative submits a document certifying his powers, and the information specified in part 2 of this article about the recoverer and himself”.

If the funds are sufficient to fulfill the requirements of the writ of execution in full, the funds will be transferred by the bank to the Claimant within 3 days.

Important: paragraph 1.5. The Regulations established that in the presence of several open bank accounts of the debtor in the bank, collection is carried out from all bank accounts, in the amount of the requirement for the collection of funds contained in the executive document.

If the funds on the account are not enough, then the requirement of the executive document will be fulfilled in part, and the Claimant will be transferred the amount that is in the Debtor's current accounts. In this case, the collection order drawn up by the bank will be placed in card index No. 2 to the current account, and as the funds are received to the Debtor's current account, they will be automatically transferred by the bank to the Claimant until the debt is fully repaid.

If the requirements of the executive document are fulfilled by the bank (other credit institution), the executive document is sent by the bank by registered mail with a return receipt to the court or other body that issued the executive document.

Perhaps the Debtor has current accounts in several banks. Then, if the funds in the accounts opened with one bank are not enough to fully repay the debt, then you can revoke the writ of execution from one bank and present it to another.

In order to revoke the writ of execution, from the bank or other credit organization to which the executive document was previously submitted, an application is submitted to revoke the executive document, and the bank, no later than the working day following the day of receipt of the application, returns the executive document in the following order:

On the reverse side of the executive document, the bank makes a note about the reason for the return, the date of return is put down indicating the amount collected, if there was a partial payment of the executive document. The records made on the executive document are certified by the signatures of the accountant and the chief accountant (deputy chief accountant) of the bank (branch of the credit institution) with a stamp.
In the journal specified in clause 2.1 of the Regulations, the bank makes an entry indicating the date and reason for the return.
The executive document is returned to the claimant (his representative acting on the basis of the corresponding power of attorney) against receipt in receipt on the application or, if the claimant (his representative acting on the basis of the corresponding power of attorney) indicated the address, by registered mail with acknowledgment of receipt.

After receiving the executive document in your hands, you can continue to work with it further. In addition to presenting a writ of execution to another bank or other credit organization, you can also apply to the Federal Bailiffs Service with a request to initiate enforcement proceedings.

Important: an executive document received for execution by a bank or other credit organization after the revocation of their license is returned without execution to the person who sent it. So if the bank revokes the banking license, the writ of execution will be returned to you safe and sound.

The writ of execution is transferred to the debtor's bank by the recoverer independently if he wants to speed up the procedure for withholding funds without resorting to the help of bailiffs. In this article, the reader will find information on how to present a writ of execution to the debtor's bank, as well as what documents must be attached to it.

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 legal force.

You can collect funds to pay off debt:

by transferring the writ of execution to the bailiff service;
independently applying to the banking organization in which the debtor enterprise has opened a current account (part 1 of 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 these methods. At the same time, the law does not establish the sequence in which he can apply to the listed bodies. This means that he has the right to submit an application first to the bank, and then to the bailiffs, or vice versa.

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

Which bank to apply to?

Before contacting the bank with an application for the collection of funds, the creditor needs to find out in which credit institution the debtor has opened accounts. In accordance with clause 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 office forms a database of accounts used by entrepreneurs. This information constitutes banking secrecy and is not provided to unauthorized persons without a valid reason. According to Part 8 of Art. 69 of the Federal Law No. 229, information on bank accounts belonging to a particular organization can be provided to a participant in a trial who is the owner of a writ of execution. In accordance with Part 10 of Art. 69 FZ No. 229, the requested information must be sent to the applicant 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 received request may contain information:

on the availability of open accounts;
banks in which they are open.

Information about whether there are funds in these accounts, as well as about their amount, is not provided to the applicant. You can get such information by contacting the bank that opened the debtor's account. Further, the writ of execution is transferred 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 transfer the writ of execution to the debtor's bank independently (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 statement and transfer these documents to the bank.

Don't know your rights?

In the event that the interests of the claimant - an individual, are protected by a representative, a power of attorney will need to be attached to the application, giving him the right to carry out the relevant actions. In this case, the application must contain information not only about the claimant, 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 claimant to transfer the original of the writ of execution to the credit organization. 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 by several banks at the same time.

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

Contents of the application attached to the writ of execution

According to Part 2 of Art. 8 Federal Law No. 229, a statement must be attached to the document containing the following information:

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 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 registration address.

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

In accordance with clause 2.3 of the Regulation of the Central Bank of Russia "On the procedure for accepting ..." dated April 10, 2006 No. 285-P, the bank is obliged to fulfill 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 claimants can simultaneously apply to the bank, the requirements of which will be satisfied in the sequence specified in Art. 855 of the Civil Code of the Russian Federation. First, debts incurred as a result of harm to the life and health of the claimant are repaid. Then - wage arrears and tax payments. Claims received from collectors of other private debts are satisfied last in accordance with the calendar sequence. This means that the recoverer who filed an application with the requirement to write off funds from the debtor's accounts earlier than others will be the first to receive the compensation due to him.

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

After the execution of the foreclosure, an appropriate mark is put on the writ of execution, indicating the date of execution. The document itself is transferred to the authority to which it was issued. If the funds placed on the debtor's accounts turned out to be insufficient to satisfy the creditor's claims in full, a mark is put on the sheet containing information about the amount of the payment made (part 10.1 of the Federal Law No. 229).

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

How to revoke an application for submission of a writ of execution to the bank?

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

name (or full name) of the debtor and creditor;
details of the executive document previously transferred to the bank;
the name of the authority that made the decision to enforce debt collection from the bank's client;
the amount of recovery;
a request for the return of the 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:

The claimant draws up an application for the return of the writ of execution sent to the bank.
The bank considers the appeal and makes a decision on the transfer of the document to its owner.
The bank's employees make an entry in the logbook that the sheet was handed over to its owner; the document is stamped with the stamp of the institution, certified by the signatures of the responsible accounting officer and the chief accountant.
The claimant 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 independently. A prerequisite for the emergence of such a right is the availability of an appropriate court decision, as well as a writ of execution issued on its basis. To write off the funds available in the debtor's bank accounts, in order to repay the debt that he has formed, it is necessary to send a writ of execution to the bank, attaching an application to it with the corresponding declaration of will. If the funds in the accounts opened with the bank are not enough to fully repay the debt, the bank writes off the available money, and the writ of execution with a mark on the partial write-off returns to the recoverer.

The topic of today's post is to find out how to get the amount won in court without contacting the bailiffs. This can be done by presenting a writ of execution to the bank, where the debtor has open accounts. Such an opportunity is provided by Art. 8 of the Federal Law "On Enforcement Proceedings", which states: "... an executive document on the collection of funds or on their arrest may be sent to a bank or other credit organization directly by the recoverer."

The method is good in that self-enforcement under a writ of execution through the bank is of the same mandatory nature for the debtor as through the bailiffs, but it occurs faster (from 3 to 10 days). It does not depend on the quickness of the bailiff and the stages of collection - initiation of proceedings, a voluntary deadline to satisfy claims, search for bank accounts, the deadline for sending a writ of execution to a bank, etc. The disadvantages are that the method is not very suitable for collection from individuals (for example, by a decision to collect a monetary debt or material damage). Unlike a legal entity, citizens are not required to report all open accounts to the tax office, which means that it will be problematic to track the "cash" accounts from which funds can be debited. There can also be problems with debtor-organizations - a legal entity must carry out transactions on accounts, otherwise the collection will be delayed.

How to submit a writ of execution to the bank yourself.

The process consists of three stages: finding out information about the debtor's bank accounts, choosing a bank for collection, filing a writ of execution to the bank.

1. We find out information about the bank accounts of the debtor.
First you need to find out in which bank the debtor has accounts on which monetary transactions are made. Part 8 of Art. 69 FZ "On Enforcement Proceedings" dated 02.10.2007 N 229-FZ makes it possible to send a request to the tax inspectorate and receive information about open bank accounts in the name of the debtor. Attach the original writ of execution or a copy certified by a notary to the request. For claimants of legal entities, you need to attach a power of attorney to the applicant and a copy of a document confirming his identity. The tax office will give a response within 10 days.

There is a less reliable way: try to find out information about the current account on the official website of the company. There is a risk that the specified account is a nominal one, and no money transactions are conducted on it. If you submit a writ of execution to the indicated bank, it will be placed in the card index before the funds are credited to the account, and the case will hang for a long time.

2. The choice of the bank for the presentation of the writ of execution.
If accounts are opened in several banks, and the tax office did not provide information on the availability and movement of funds in the accounts, it is impossible to guess which account the transactions are on and which one has long been abandoned. If you previously paid the debtor for some services (for example, the management company - payment for the maintenance of housing, the firm - payment by bank transfer for repairs), the payment documents contain the account and bank details. It makes sense to submit a writ of execution to the bank indicated in the bills.

3. Submission of a writ of execution to the bank
The procedure for the acceptance and execution of executive documents by banks is defined in the Regulation of the Central Bank of the Russian Federation No. 285-P dated April 10, 2006 "On the procedure for the acceptance and execution by credit institutions and subdivisions of the settlement network of the Bank of Russia of executive documents presented by claimants." It contains the necessary details that the application must contain, the requirements for the attached documents. A sample application can be downloaded here:

Attach the original of the writ of execution, a copy of the passport to the application. For claimants-legal entities - the original of the power of attorney and identity documents of the principal. Make an application and sign in duplicate.

Submit this application and documents to the bank's reception. On the second copy, ask for a stamp on the acceptance of the application and keep it for yourself. In accordance with Part 5 of Art. 70 of the Law of the Russian Federation "On Enforcement Proceedings" in the presence of money in the debtor's account, the collection will be made within 3 days from the date of filing the application. If there is no money in the debtor's account, the bank places the writ of execution in the filing cabinet and will transfer the money to your account as it is received.

What to do if there is no money in the accounts.

If the writ of execution has been placed in the filing cabinet and is awaiting execution, there is no point in waiting for a long time. A couple of months is the optimal time. If during this time there were no transfers from the debtor's account, it is better to withdraw the writ of execution from the bank and submit for execution to the bailiff service. They also request information on the availability of accounts from the debtor, and (which is not available to independent claimants) monitor the movement of funds through the accounts and control the timeliness of the bank's write-off actions.

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