How to restore a writ of execution for alimony: a sample application for a duplicate

A document confirming the execution of a court decision is the basis for the initiation of compulsory actions against the debtor, seizure of property, and deduction from wages in favor of the claimant. What to do if the writ of execution for alimony is lost? How to restore official paper, and what needs to be done to do this?

Causes of loss: how to prove?

In accordance with the Arbitration Procedure Code of the Russian Federation, the court can issue a duplicate of the writ of execution if it is lost; this requires an application from the recipient.
When considering the case, the circumstances and evidence of loss are taken into account. These include certificates from bailiffs, forms that confirm the loss of a document during postal delivery (inventory). If there is no evidence, in most cases the court will also issue a duplicate if the requirements on the sheet are not met and the applicant filed the appeal in a timely manner.

Any facts are accepted into the case. Office memos stating that the document cannot be found are suitable as proof. In practice, information from the FSSP is checked that no enforcement proceedings have been initiated against this number.

There are two main reasons why you might lose important official paper. The first is the inattentive attitude of the performing service to their work. Often, bailiffs indicate the shipping details with errors; the human factor cannot be ruled out. The second is the poor performance of the post office. Therefore, when transferring a sheet, it is recommended to choose only trusted courier services with a minimum percentage of losses; the best way is to deliver the paper in person during the established reception hours.

Another factor is also highlighted - the fault of the claimant. Some people do not realize how important this procedural form is, put it away in a distant drawer, and accidentally damage it. Remember that in order to be restored you will have to go through a mandatory procedure of going to court and paying an administrative fine.

Hotline for citizen consultations: 8 (800) 200-46-92

Application rules

The application must be submitted while the writ of execution is valid. If its validity period has already expired, obtaining a duplicate is impossible. The application must contain the following information:

information about the recipient and payer of alimony (last name, first name and patronymic in full, passport details and information about his registration);
details of the court department indicating the territorial location;
name of the document whose duplicate you want to receive;
information about the circumstances of the loss of the document and the alleged culprits;
request for a duplicate and a list of attached documents.

If the structure of the application is incorrect, the court has the right not to satisfy it. The application must be accompanied by a receipt for the initial receipt of the document with the signature of the recipient, as well as a court order on the execution of the claim and a certificate of loss of the document.

You also need to pay a state fee. If you just need to get a copy of a document, the fee will not exceed 40 rubles. However, if you want to get a duplicate, the fee will vary depending on the region.

If the payment of alimony occurs on a voluntary basis on the part of the former spouse, the document does not have to be used; it is simply kept in case the payer stops fulfilling his obligations. In this case, the duplicate is transferred to the bailiff service to resume the payment of alimony forcibly.

What are the risks of losing a document?

Liability for the loss of a writ of execution is provided for by the Code of Civil Procedure of the Russian Federation. In accordance with this code, the official responsible for the loss of this document is subject to a judicial fine.

For the claimant, this oversight is not so dangerous; if there is evidence that the court’s requirements were not fulfilled, a duplicate is issued. The main thing is to submit your application on time. A period similar to the validity period of the obligations has been established. An exception is cases where the loss occurred due to the fault of a bailiff or another official. With this approach, the appeal is submitted within a month from the moment the citizen became aware of the loss.

How to prevent the loss of a writ of execution?

Having received a court order, writ of execution or other writ of execution in court, the claimant will have to give it to the bailiffs for enforcement. There are often cases when collectors give enforcement documents to their debtors. But debtors simply lose them, and then collectors have to receive duplicates of them.

Collectors should not give writs of execution to anyone other than the bailiff service, since it is this body that is engaged in the forced collection of court decisions. If the claimant intends to offer to familiarize himself with the writ of execution, then it is best to give him a copy of the court decision.

Recovery procedure

To restore the writ of execution for alimony, an application is submitted to the court that made the decision. It is reviewed within 10 days, after which the authority issues a duplicate within a period of two weeks to two months, in accordance with the established procedural deadlines.

For a positive decision, draft your petition correctly. If the sheet is lost by a FSSP employee, he submits it himself. A private complaint may be filed against a court decision on restoration. As a rule, action comes from the debtor if he has reason to believe that the obligations have already been fulfilled. The complaint must be filed within 10 days from the date the person became aware of the attempted restoration. The consideration of the appeal is carried out during the same period. When drawing up an official document, the following is indicated:

The name of the court with the address.
Data of the parties to the process with addresses, telephone numbers.
Title of the documentation.
Listing of the circumstances of the case with references to regulations.
Evidence of execution of court orders (extracts and receipts for money transfers).

FAQ

I received a letter from the bailiffs that the court foreclosure on the loan was cancelled, can the bailiff subsequently resume proceedings again?

Check on the FSSP website for what reason the enforcement proceedings were completed or terminated. If you have not repaid this debt, then most likely it will be under Art. 46 part 1 clause 3. - return of the writ of execution to the claimant. If the claimant returns the sheet back to the bailiff, the proceedings will be restored. Ask a question that interests you - use the online consultant form on the right or call (Toll-free hotline). It's fast and free!

Can the bank itself present a writ of execution to the accounting department of the organization where I work?

The claimant has the right to present a writ of execution to the bailiff, to the bank where the debtor's accounts are opened, or to the employer's accounting department if the debtor is an individual. Ask a question that interests you - use the online consultant form on the right or call (Toll-free hotline). It's fast and free!

According to the writ of execution, 50% of the salary was withheld, but I did not know that the bank had filed a lawsuit. What can be done in such a situation?

If the amount of debt does not exceed 500 thousand rubles, then most likely the court issued a court order. It is necessary to go to court to cancel the court order and obtain an appropriate determination, which will be the basis for terminating the individual entrepreneur. But after the court order is canceled, the bank has the right to go to court to collect the debt. Your right to be present at this process and request a reduction in the penalty. Ask a question that interests you - use the online consultant form on the right or call (Toll-free hotline). It's fast and free!

What is a writ of execution for alimony?

A writ of execution for alimony is a document that is issued immediately after the court makes a decision to the claimant. Then it can be transferred to the bailiffs or the debtor’s employer so that payments are transferred from his salary. IL according to Art. 12 Federal Law dated October 2, 2007 No. 229-FZ “On Enforcement Proceedings” is included in the list of enforcement documents - grounds for collecting funds from the defendant. Issued in a single copy.

An exception is the situation when the defendant officially works in several places. In this case, the originals are sent to each - a copy of the IL has no legal force (Part 1, Article 429 of the Code of Civil Procedure of the Russian Federation).

A writ of execution is issued to the recipient of alimony or sent to the defendant’s place of work as a basis for withholding payments.

If the payer is not officially employed, the plaintiff submits the original writ of execution to the territorial office of the FSSP, writing an application to initiate enforcement proceedings (Part 1 of Article 30 No. 229-FZ).

Important! At the request of the claimant, the court secretary sends a writ of execution to the bailiffs.

What is the risk of loss?

Like any document, a writ of execution can be lost at the defendant’s work or at the FSSP. Loss is also possible due to the fault of the claimant if he did not manage to transfer it to the payer’s employer or bailiff.

Responsibility for the loss of IL is provided for in Art. 431 of the Code of Civil Procedure of the Russian Federation for persons to whom documents are transferred for execution. The amount of the fine is determined by Art. 105 of the Code of Civil Procedure of the Russian Federation and amounts to up to 30,000 rubles. for officials, and up to 100,000 rub. - for legal entities.

Sample application to the court for restoration of a writ of execution

Please provide detailed information when applying. All names are written in full, without abbreviations. Sample applications for the issuance of a duplicate writ of execution can be found on the Internet; if you encounter any difficulties with registration, contact a lawyer. The appeal includes:

Full name and address of the court that made the decision (written in the upper right part in the form of a column).
Data of the parties involved in the case, indicating their full names, addresses, contact numbers. Indicate your legal representatives if they represent your interests.
Title of the document in the central part of the page (application for the issuance of a duplicate of the writ of execution).
Number and date of the court decision.
The amount of debt to be collected.
The name of the court to which the writ of execution was presented for execution.
Information about the circumstances under which the official paper was lost (for example, during postal delivery).
Indication of Article 323 of the Arbitration Procedure Code of the Russian Federation and a request to send a duplicate of the document.
List of attachments (receipt confirming payment of the state fee, confirmation of sending the appeal to the persons participating in the case).
Date and signature.

If there is other evidence of loss, they also need to be indicated in the appendices (documents from the bailiff, notes, drawn up acts).

How to recover a document

A duplicate of the writ of execution can be issued only by the institution that processed the original. If the collection of alimony was determined by a court decision, you must submit an application to the court to obtain a copy. After its registration, the court sets a date and time for the hearing.

It is advisable for both parties to the hearing to be present. If one or both parties cannot attend the court hearing, the judge must be notified no later than three days before the scheduled date.

Application deadlines

The general period is three years from the date of the court decision. If you lose a sheet of alimony payments, other periods apply. You can apply for a duplicate before the child reaches the age of majority; another three years are added to this period. If a person receives alimony for a disabled person, a replacement can be received at any time before the restoration of working capacity.

If the bailiffs themselves lost the sheet and conveyed the information to the applicant, you can file an appeal within a month after you learned about your violated right.

If the loss occurred due to the fault of an official

What to do if it is not the fault of the alimony payer? Not only the alimony payer may be to blame for the fact that the paper assigning deductions in favor of a minor is lost or has become unusable and requires its replacement. The fault may also lie with the official who was responsible for its storage.

In this case, the culprit will be brought to administrative responsibility in the form of a fine in the amount of 2 to 5 thousand rubles. It is the sanction for a lost document that is the reason that bailiffs, accountants or other persons responsible for storage refuse to issue a certificate of loss. This makes it much more difficult to obtain a duplicate.

What to do if the culprit does not issue a certificate of loss? If an official is to blame for the loss or damage, and there is evidence of this, then the alimony payer, when writing and submitting an application, is exempt from paying the fee.

Required documents

The application is supported by official documents, which include the following:

Photocopy of receipts for payment of state fees.
Confirmation of sending the document to participants in enforcement proceedings.
Evidence of the loss of the sheet (for this you can contact the post office employees, who will write a corresponding report on the loss).
Power of attorney, if the petition is submitted on behalf of the claimant by his legal representative.

The court may require additional documentation, but in most cases the list is exhaustive.

Reasons for requesting a copy of a document

The writ of execution may be lost due to the fault of the claimant, or due to poor work of postal services or a technical error. The fact remains that if the writ of execution for alimony was lost, payments will not be received. In such a situation, only one question arises - where to get a copy? The procedure for providing duplicates of this document is regulated by Art. 430 of the Code of Civil Procedure of the Russian Federation , according to this norm, re-issuance can be requested only in court.

An application for a copy of the writ of execution for receiving payments must be submitted to the same court that made the decision. If there were several instances in the proceedings, you should go to the court of first instance.

Despite the apparent simplicity of this process, the applicant may be refused if insufficient evidence of the loss of the IL is provided. Receipts for payment for postage of a letter with an inventory or a copy of the first copy of the IL are suitable as confirmation. That is why lawyers always advise immediately making and saving copies of all important acts and receipts confirming this or that action.

Procedure for obtaining a duplicate

The judge is obliged to consider the plaintiff's appeal within 10 days; extension of the period is not allowed. Based on the results of this, a decision is made, photocopies are sent to the parties. If the answer is positive, you can receive a replacement within 2 weeks to 2 months. After serving the duplicate, hand it over to the bailiff to begin enforcement proceedings.

Without this document, the FSSP representative does not have the right to initiate enforcement actions against the debtor. Do not miss the deadline for presenting official paper, if it concerns a minor child, this must be done before he reaches 21 years of age.

Site Expert

Beloborodova Yulia

From 2004 to 2012 she worked as a bailiff. Specializes in the field of procedural, civil, financial, family and labor law.

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It is recommended to submit the form to the territorial unit at the place where compulsory actions are carried out, that is, at the address of the location of the defendant’s property and his work activity. The document can be presented to the bailiff personally during the reception, by mail or sent electronically. Try to prevent the important basis for starting the procedure from being lost again.

The FSSP employee gives the party five days to voluntarily transfer the alimony debt and sends a resolution on enforcement proceedings. If there is no response, the notice is sent to the employer if there is an official place of work. After coordinating the actions with the bank, the funds will be automatically debited from the ex-spouse’s salary card. In addition, if the amount is insufficient, the bailiff may take the following interim measures:

Seizure of other bank accounts with write-off of assets (no more than 70 percent of the balance).
Prohibition on driving a vehicle, confiscation of a driver's license or car.
Visits to the debtor's home with inspection of the premises, inventory of property, seizure for subsequent sale at auction in favor of the claimant.
Ban on traveling abroad.

Procedure and terms for consideration of the case

Within 10 days, the court must consider the case in court. The parties participating in the case are notified by the court of the date and place of its holding. If it is impossible to appear at a court hearing, the persons participating in the case must file a petition to consider the case in their absence.

Any person has the right to attract a representative to participate in the case in his place. The representative must be endowed with a notarized power of attorney. Based on the results of the consideration of the case, the judge makes a decision to issue a new sheet or to refuse to issue it.

Penalty for loss

The reasons for the loss of a writ of execution may be respectful or disrespectful. This does not affect the results - the recovery procedure is the same in both cases.

Responsibility for improper actions is provided for the executive service, employees of banking organizations, legal entities, and officials. Individuals can also pay a fine.

The mildest sanction is provided for those who keep the document - up to 2 thousand rubles. When resubmitting an application, you will need to pay a state fee.

For bailiffs, fines under the APC do not exceed 5 thousand rubles. Additionally, there is administrative liability, the amount of which reaches 20 thousand rubles.

Thus, when restoring a document, the debtor will have to pay 1,500–2,000 rubles if the loss occurred through his fault as a result of careless storage.

Articles:

How to restore a writ of execution if it is lost

How to correctly revoke a writ of execution for alimony without consequences

What to do if you lost your bailiffs?

In practice, it often happens that a writ of execution is lost immediately after it has been handed over to the bailiff service. This fact is the basis for going to court, but it is worth noting that if the bailiffs lost the IL, the responsible official may be fined up to 5,000 rubles. Previously, we raised the question of what to do if you do not have information about the location of the document and do not know whether the IL could have been lost due to the fault of FSSP employees.

It is worth submitting a written request to the bailiffs by registered mail with return receipt requested, so you will have proof that you have officially contacted this authority for clarification.

In such cases, the applicant can be sure that the court, which will consider the request for a copy of the writ of execution for alimony, will rule in his favor, since the guilt of the other person will have already been established.

We recommend reading the following article: complaint against bailiffs for alimony.

Package of documents

The plaintiff draws up an application and attaches papers, which will have to be prepared in advance. The fact of the loss of personal income must be brought to the attention of the court where the case was previously heard and the forced payment of alimony was ordered. The following documents can prove to the court the existence of alimony obligations in the past:

mail receipt;
notification of receipt of the letter;
notification of departure;
certificate of loss from the accounting department or SSP;
resolution of the SSP on the opening of enforcement proceedings.

What to do in such cases

The main nuance is that in reality the procedure is not to restore a security, but to obtain a duplicate. It is no longer possible to restore the document. However, there is no need to panic. You'll just have to tinker a little to correct the situation. To obtain a duplicate, you should contact the same authority where the original was made, with the following documents:

a sheet after a decision to collect alimony has been made;
by a court order, which is also a writ of execution.

An application is sent to the court, on the basis of which a hearing is held. It is advisable to be present during this procedure. But if this is not possible, then this is not necessary. After considering the application, the court makes a decision. If the documents are drawn up correctly and the deadlines allow, then usually the restoration is carried out without problems.

The period during which a duplicate can be obtained is the time until the child reaches the age of majority, plus another three years on top. Thus, the document is valid until the child turns 21 years old.

If there are no difficulties in obtaining a certificate from the official through whose fault the writ of execution for alimony was lost, then it is quite possible to cope with the procedure on your own, without resorting to legal assistance. The main thing is to find some time for this and make your own efforts.

An application is submitted to the judicial authority. It must contain information about which court is considering the case, which act is subject to restoration, the circumstances under which the loss occurred, the persons responsible and other information. They end it with the words of a request that a duplicate be issued, and also indicate a list of papers attached to it. If the application is not drawn up in the proper form, the court will reject it.

Another important aspect in the case is that the application must be submitted within the period of time until the validity period of the writ of execution has expired. But if the alimony document was lost after its expiration date, then it will no longer be possible to obtain a duplicate. An exception to this rule is allowed if it is proven that the applicant was not aware of the loss. Then he is given a month to complete the recovery procedure.

The following papers must be attached to the application: a receipt or notification that the document was served on the person, as well as the bailiff’s resolution to open proceedings in the case and a certificate of loss (if the official’s connection is proven).

Without these documents, the application for a duplicate will not be satisfied, but preparing the papers is not that difficult. It is better to draw up the application itself on the basis of a sample, which can be obtained directly from the court, or by seeking legal advice.

And, of course, you need to pay a state fee. Its fee for receiving a copy is quite small, the maximum will be 40 rubles. But the duty for a duplicate in different regions may differ. Therefore, this information must be clarified locally.

The duplicate has the same legal force as the original. Therefore, it can be transferred to a bailiff, or an accountant, or to a pension fund and other organizations in the same way as the original. If the ex-spouse fulfills his child support responsibilities voluntarily, the document is simply kept at home.

However, if there are agreements, there is always a risk that the obligations will not be fulfilled, since such agreements are not supported by law. If the alimony provider changes his attitude, then this document will help resolve disagreements. Then the duplicate can be transferred to the bailiff service in order to collect funds forcibly within the time frame and in the amounts established by law. Moreover, this service today is endowed with broad powers, and can seize property (including a vehicle belonging to the defaulter), limit it in other rights in order to pay off the debt.

An application submitted to the court is considered within ten working days. The parties are notified of the date and time of the meeting, but their attendance is not mandatory. Proceedings may also be carried out in their absence. If no contradictions with the law are identified, the documents are drawn up correctly and provided in full, the court will issue a decision to issue a duplicate.

Further actions

What to do when the replacement is made? Once this is done, you need to submit the paper for execution:

To the bailiffs;
To the employer's accounting department;
To the pension fund;
To another organization that will implement the decision.

The proceedings will be resumed. But, the replacement need not be presented for execution if the parties have agreed among themselves. But for the agreement to be legally binding, it must be in writing, signed by both parents, certified by a notary and presented to the court for review. For example, one of the parties may change their mind and change the terms of the agreement.

When you have a copy certified by the court, you can enforce the collection of payments in favor of the children. This is relevant if the alimony payer evades legal assistance in favor of his child.

Loss of a writ of execution by an official

The court will take the plaintiff’s side if the circumstances of the loss are valid. This is confirmed by a certificate issued by the accounting department from where the deductions were made, or by the FSSP. In this case, the official, through whose fault the citizen’s writ of execution disappeared, pays a fee to the court, as well as a fine of 5,000 rubles.

There is no need to be afraid of losing the case. Usually the judge takes the citizen’s side and strictly monitors discipline among executive officials. A lost document, the meaning of which implies material value for a citizen and, first of all, for his child, must be restored in the coming days.

Info

The employee is punished for misconduct and inattention with a specially established fine. He undertakes all actions to replace the sheet, going to court, paying fees and other expenses.

Where to submit a duplicate

With a new copy, the recipient of alimony must take care of restoring enforcement proceedings. Payments for the child will continue to be received after the transfer of a duplicate of the writ of execution to the organization appointed by the court as the executor, that is, engaged in the calculations and transfer of the assigned amounts.

The plaintiff has the right to choose the method of recovery:

through bailiffs who will contact the defendant and take care of transferring documents to the enterprise;
directly to the accounting department of the ex-spouse’s company or to the pension fund for deductions from the pension.

The recipient of alimony will not lose any unpaid money for the month when the writ of execution was lost. The debt is repaid immediately as soon as the document reaches the authority that charges payments. The date of the next alimony payments will fill the gaps.

Rules of law

When the writ of execution is restored, a duplicate is issued after a trial has been held and the circumstances that caused the loss or damage to the paper have been established. The Federal Law “On Enforcement Proceedings” provides for the equivalence of the original and the duplicate issued to replace the lost original.

The process of obtaining a duplicate depends on the court in which the original was received:

a magistrate's court or a court of general jurisdiction according to the regulations approved by Article 430 of the Code of Civil Procedure of the Russian Federation;
arbitration court - within the framework of the provisions of Article 323 of the Arbitration Procedure Code of the Russian Federation.

In standard situations, when a decision is made by a magistrate’s court, it is also necessary to apply to the same authority. Extradition will require a trial. During which the reasons and circumstances of loss or damage to the original document will be established. All interested parties are invited to the meeting, however, their presence is optional, because a decision will be made even if any of the parties fail to appear.

If the court decision was made in the Arbitration Court, the basis for issuing a duplicate will also be the claimant’s application.