Application for suspension of enforcement proceedings in 2022 to the bailiff and to the court, samples

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.

Application for suspension of enforcement proceedings

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.

Rules and procedures for suspending enforcement proceedings

It should be remembered that enforcement proceedings can be suspended at almost any stage. To do this, you should select suitable grounds and study the current legislation.

Next, you should prepare an application to suspend enforcement proceedings to the bailiffs or a petition to the court. Moreover, if legal services for its preparation are needed, they can be ordered on our resource.

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The statement should describe the reasons why the bailiff’s actions should be suspended. If they are supported by documents, then copies of them should be attached to the application or petition to the court.

Don't forget to add your own personal autograph and signature. Without this, the application will not be considered.

After submitting an application (petition), you should monitor the progress of its consideration. When a decision (ruling) is made, you must obtain a copy of it.

Suspension by the court

The grounds for suspension of enforcement proceedings by the court are given in Article 39 of the Law on Enforcement Proceedings.

They are divided into two categories:

Circumstances in the presence of which the court is absolutely obliged to issue a ruling to suspend enforcement proceedings;
Reasons why the court may, but is not required to, suspend it.

The mandatory grounds for suspension by the court are listed in the law:

A claim has been filed for release from seizure (exclusion from the inventory) of the property that has been foreclosed on. Typically, such a claim is brought by a third party who believes that the property actually belongs to him (more about this here).
The debtor or claimant disputes the assessment of the seized property;
The order of the bailiff to collect the enforcement fee was challenged;
In other cases directly provided by law.

The list of cases when suspension is not necessary is also fixed in the law. In the situations listed below, the court is not obliged to suspend enforcement proceedings, but may do so:

Challenging a writ of execution or a court decision on the basis of which it was issued. As a rule, such a challenge takes place in the cassation court when the decision has already entered into legal force. Read more about how to suspend enforcement proceedings during a cassation hearing in a case here.
Challenging the act of a government body or official who examined a case of an administrative offense.
A long-term business trip of the debtor, confirmed by documents, which deprives him of the opportunity to participate in enforcement actions and exercise his rights provided for by law.
Challenging the actions or inactions of the bailiff;
An application has been submitted for clarification of the writ of execution, the method and procedure for its execution;
The death of the debtor before his heirs are identified in the event that the requirements under the writ of execution allow for succession (as a rule, this applies to monetary claims for the payment of funds);

Read here about whether a bailiff can seize an inheritance received.

Loss of legal capacity by the debtor;
Participation of the debtor in military operations as part of the Armed Forces of the Russian Federation;
Application of bankruptcy proceedings against the debtor or extension of a moratorium on the initiation of bankruptcy cases to the debtor;
In other cases provided by law.

Samples of applications (petitions) to suspend enforcement proceedings to the court are given below.

Sample application for suspension of enforcement proceedings to a court of general jurisdiction

In XXXX federal court Applicant (debtor): Full name, address, identifier, contact information;

Interested parties: 1) Claimant: full name, address, identifier, contact details; 2) Bailiff: full name, position, contact details.

Application for suspension of enforcement proceedings

XX.XX.XXXX bailiff full name, name of the department of the Federal Bailiff Service, on the basis of the writ of execution, series XX No. XXXX issued by the XXX court of the XX.XX.XXXX year, issued a decision to initiate enforcement proceedings against the applicant as a debtor (enforcement proceedings No. XXXX) .

Based on paragraphs. 3 p. 2 art. 39 of the Law on Enforcement Proceedings, the applicant (debtor) requests to suspend the said enforcement proceedings in connection with being on a long business trip to XXXX in the period from XXXX to XXXX (a copy of the order to be sent on a business trip, tickets to the place of business trip are attached).

In accordance with Art. 437 of the Code of Civil Procedure of the Russian Federation, the court has the right to suspend enforcement proceedings in whole or in part in cases provided for by the Federal Law “On Enforcement Proceedings”.

In accordance with the above and on the basis of Art. 39, 42, 45 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”, Art. 436 (437) Code of Civil Procedure of the Russian Federation:

ASK:

Suspend enforcement proceedings No. XXX, initiated by the bailiff, full name, name of the department of the Federal Bailiff Service on the basis of the writ of execution No. XX from XX, issued by the arbitration court XXX.

Applications:

A copy of the writ of execution;
A copy of the resolution to initiate enforcement proceedings;
Copies of documents confirming the grounds for suspension;
Notifications of delivery of the application to interested parties.

Date, signature

Sample application for suspension of enforcement proceedings to the arbitration court

In XXXX arbitration court Applicant (debtor): name, INN, OGRN;

Interested parties: 1) Claimant: name, TIN, OGRN; 2) Bailiff: full name, position, contact details.

Application for suspension of enforcement proceedings

XX.XX.XXXX bailiff full name, name of the department of the Federal Bailiff Service, on the basis of the writ of execution, series XX No. XXXX issued by the XXX Arbitration Court of the XX.XX.XXXX year, issued a resolution to initiate enforcement proceedings against the applicant as a debtor (enforcement proceedings No. XXXX ).

The applicant believes that the said enforcement proceedings should be suspended on the basis of paragraphs. 2 p. 1 art. 39 of the Federal Law “On Enforcement Proceedings”, since the applicant filed a lawsuit challenging the results of the assessment of the seized property (a copy of the statement of claim, a copy of the ruling on its acceptance by the court for proceedings is attached).

In accordance with Art. 327 of the Arbitration Procedure Code of the Russian Federation, at the request of the debtor, the arbitration court suspends enforcement proceedings on the basis of a writ of execution in cases provided for by the federal law “On Enforcement Proceedings”.

In accordance with the above and on the basis of Art. 39, 42, 45 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”, Art. 327 Arbitration Procedure Code of the Russian Federation:

ASK

Applications:

A copy of the writ of execution;
A copy of the resolution to initiate enforcement proceedings;
Copies of documents confirming the grounds for suspension;
Notifications of delivery of the application to interested parties;
A copy of the certificate/sheet of registration of the applicant as a legal entity or individual entrepreneur;
Extract from the Unified State Register for the applicant;
Extract from the Unified State Register for the claimant.

Date, signature.

Jurisdiction

As a general rule, the issue will be considered by a court of general jurisdiction. The arbitration court decides on the suspension only if a writ of execution is issued in relation to an organization or individual entrepreneur.

Expert opinion

Lawyer Alexander Vasiliev comments

If the writ of execution was issued by a court of general jurisdiction, an application to suspend enforcement proceedings is also submitted to the court of general jurisdiction at the location of the bailiff (clause 3 of Article 45 of the Law on Enforcement Proceedings, clause 1 of Article 440 of the Code of Civil Procedure of the Russian Federation).

If the writ of execution was issued by an arbitration court, the application for suspension of enforcement proceedings must also be considered by it. In this case, the applicant has a choice. An application can be submitted to the arbitration court:

At the place of activity of the bailiff (i.e. at the location of the FSSP department); or
To the arbitration court that previously issued the writ of execution (clause 1, article 45 of the Law on Enforcement Proceedings, clause 2, article 327 of the Arbitration Procedure Code of the Russian Federation).

State duty

An application to suspend enforcement proceedings is not subject to state duty. There are no provisions that would establish the need to pay either in the Tax Code of the Russian Federation or in the procedural codes.

Consideration

Consideration of an application to suspend enforcement proceedings filed with an arbitration court is carried out in accordance with the rules of the Arbitration Procedure Code or the Code of Civil Procedure of the Russian Federation within 10 days. The collector and the debtor, who may object to the suspension, are notified of the consideration. However, the failure of the parties to appear will not serve as grounds for postponing consideration of the issue.

Based on the results of the consideration, the court issues a ruling indicating whether it is necessary to suspend the enforcement proceedings. This court ruling will be binding on all participants in the case.

Expert opinion

Lawyer Alexander Vasiliev comments

Judicial practice regarding the suspension of enforcement proceedings in the absence of mandatory grounds for this develops differently. The applicant must prove that continued execution would cause significant harm to his interests. Otherwise, the suspension will be denied.

When production is suspended by the bailiff

Specialized legislation lists several of them (Article 40 of Federal Law No. 229). Thus, suspension of enforcement proceedings on alimony is possible in the event of the death of the debtor or recognition of the fact of death.

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Then all enforcement actions are resumed with the appearance of the heirs, subject to the creditor filing a corresponding application.

If the debtor loses legal capacity, the bailiff also suspends enforcement proceedings.

Application for suspension of enforcement proceedings to the bailiff

The reason for stopping the bailiff's work may also be the initiation of bankruptcy proceedings against the debtor. The above applies not only to legal entities and individual entrepreneurs, but also to ordinary citizens.

It is possible that enforcement actions may be deferred in cases where the debtor is wanted, undergoing treatment, or performing military duties.

In all of the above cases, a decision is made regarding the suspension of events by the bailiff, upon execution of the court decision. It can be challenged by the collector and other interested parties, both to the bailiff’s superiors and to the court according to the rules of procedural codes. You can download the form below.

Resolution on suspension of enforcement proceedings

Suspension by a bailiff

The issue of suspending enforcement proceedings is decided by the bailiff who conducts it. As in the case of judicial consideration of an application, the law provides for situations when the suspension of enforcement proceedings by a bailiff is mandatory and optional.

The bailiff is obliged to suspend enforcement proceedings in the following cases:

Death of the debtor, recognition of him as missing or declaration of death, if succession is allowed by law (and if not, the proceedings must be terminated).
Loss of legal capacity by the debtor;
Participation of the debtor - a military serviceman in hostilities;
Bankruptcy of the debtor or application of a moratorium on bankruptcy;
Filing by the debtor of a claim for deferment or installment payment of the enforcement fee (in this case, enforcement proceedings are suspended only in the relevant part);
In certain other cases provided by law.

At the discretion of the bailiff, enforcement proceedings may (but will not necessarily be) suspended if:

The debtor is being treated in a hospital;
A search has been announced for the debtor, his property or a search for the child;
The debtor is serving in the ranks of the Armed Forces of the Russian Federation;
The performance of certain enforcement actions is entrusted to another bailiff;
A complaint has been received about the actions or inaction of the bailiff (in this case, the proceedings are suspended by the senior bailiff-head of the FSSP department or his deputy).

The bailiff can learn about the existence of circumstances that are the basis for suspension from a letter (application) of the debtor or collector, or other documents sent to him. As a rule, suspension of enforcement proceedings at the request of the debtor occurs more often than at the request of the claimant. But the claimant can also make such a request.

How to write an application

In an application to the bailiff to suspend enforcement proceedings, the debtor or claimant must indicate:

Full name of the bailiff, name of the FSSP department where he works;
Number of enforcement proceedings and the date of its initiation;
Full name, names, contact details of the applicant and other participants in the process;
Circumstances for suspension and how their existence is confirmed;
Request for suspension;
Date and signature.

The appeal can be submitted in person, by mail or through the website of the FSSP of Russia.

Sample application

Bailiff Full name XX OSP Office of the FSSP of Russia for the city XXX Enforcement proceedings No. XXXX dated XX

From: Full name/name of the applicant

Application for suspension of enforcement proceedings In the proceedings of the bailiff, full name XX OSP of the Office of the FSSP of Russia in the city of XXX, there is enforcement proceedings No. XXX from XXX for the recovery from the applicant in favor of XXX of funds in the amount of XXXXX.

XX.XX.XXXX XXXX court accepted the applicant's claim for deferment of payment of the enforcement fee (a copy of the court ruling on accepting the case for proceedings is attached).

In accordance with the Federal Law “On Enforcement Proceedings” No. 229-FZ of October 2, 2007 (clause 6, paragraph 1, article 40), the court’s acceptance of a claim for deferment of payment of the enforcement fee is grounds for suspending enforcement proceedings.

In accordance with the above legal norm, enforcement proceedings must be suspended until the judicial act on the specified dispute enters into legal force (case No. XXXX).

Based on the above and in accordance with Art. 40, 45 of the Federal Law “On Enforcement Proceedings” No. 229-FZ of October 2, 2007:

ASK:

Suspend enforcement proceedings No. XXX dated XXX regarding the collection of enforcement fees from the debtor in the amount of XXXXX until the judicial act in case No. XXX enters into legal force.

Attachments: 1) determination on acceptance for production of an application for deferment of payment of the enforcement fee.

Date, signature.

Consideration

The document that formalizes the suspension of enforcement proceedings is the resolution of the bailiff. They formalize both the decision to suspend and to refuse it. The resolution must be approved by the senior bailiff or his deputy (this requirement is established by paragraph 4 of Article 45 of the Law on Enforcement Proceedings).

The decision must be made within 3 working days after the bailiff received the application or other document serving as the basis for the suspension.

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 bailiff.

How to suspend enforcement proceedings at the request of the debtor

Everything will depend on why there is a need for this step.

If a court decision that has entered into legal force is appealed, enforcement proceedings can be stopped with the help of a court ruling. The court also suspends enforcement proceedings in case of challenging the actions of the bailiffs.

When it comes to changing the legal status of the debtor (death, incapacity, conscription for military service), as well as the beginning of his bankruptcy, then it is possible to petition for the postponement of enforcement actions before the bailiffs.

If the question is posed this way, then it is important to draw up a reasoned statement to the bailiff.

Below we provide a sample application for suspension of enforcement actions, as well as recommendations for filling out its form.

It should only be taken into account that legal norms in terms of current legislation should be cited as justification.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

Temporary cancellation of collection by the bailiff does not in itself release from debt obligations. Over time, the bailiff's actions to repay the debt may be resumed.

Consequences of suspension

Suspension of enforcement proceedings means that the bailiff temporarily stops taking measures to enforce the court decision. At the same time, previously placed seizures on property are not lifted - this is not a measure of compulsory execution.

Expert opinion

Lawyer Alexander Vasiliev comments

From judicial practice: in case of suspended enforcement proceedings, the implementation of compulsory enforcement measures is terminated. The suspension does not apply to other enforcement actions. Seizure of the debtor's property held by him or third parties is not a measure of compulsory execution. Therefore, the restrictions applied during suspension do not apply to him (Resolution of the Federal Antimonopoly Service of the Moscow District in case No. A40-14349/12-84-135 of August 2, 2012).

The exception is suspension due to bankruptcy of the debtor. In this case, previously imposed arrests will be terminated, and new ones will be applied as part of the bankruptcy procedure. Moreover, in accordance with paragraph 2 of Art. 69.1 of the Law on Enforcement Proceedings, in the event of its suspension due to the bankruptcy of the debtor, the bailiff has the right not to lift the seizure of property whose value does not exceed the amount of debt under those documents whose execution is not suspended.

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, 2022):

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, 2022 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).

Resumption

The resumption of enforcement proceedings after suspension occurs on the basis of a decision of the bailiff or the court that previously decided on the suspension.

Enforcement proceedings can be resumed after the circumstances due to which they were suspended have been eliminated (clause 2 of Article 42 of the Law).

The claimant or debtor (and if the suspension was made by the court, also the bailiff) may submit an application for the resumption of enforcement proceedings to the body that suspended it. Read more about drawing up an application in another article on our website.

The article provides background information, which may not be sufficient in a particular situation. Consult a lawyer and get an answer to your question.

What does the suspension of an individual entrepreneur give?

Suspension allows you to limit the capabilities of the bailiff - to prohibit the implementation of compulsory collection measures. Once the suspension has occurred, the bailiff can no longer:

collect and seize property in a specific process;
transfer the rights of the debtor to the claimants.

But even after the suspension, the bailiffs continue to perform part of the work. In particular:

conduct an assessment of the debtor's property;
seek information and make inquiries about the debtor;
search for the debtor/his property;
conduct a survey of the parties to the case;
introduce restrictions on leaving the country;
work with papers (accept/review);
receive enforcement fees.

You can only request the suspension of a case from the employee who was involved in it. The procedure related to the collection of some kind of fine stands out in particular. If the case is suspended, the bailiff must send a request to the court to select another penalty.

IP fulfills all or part of what is required. In the case of a partial suspension, work continues only on that part of the case that was not affected by the measure in question.