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Enforcement proceedings

What you need to know about the work of bailiffs.

The bailiff is the official responsible for the enforcement of judgments and decisions.

The interaction with a bailiff is always an unpleasant event, whatever side you are. Either you are damaged and refuse to compensate for it, or you yourself are obliged to compensate for losses that significantly exceed your financial capabilities. In the first case, bailiffs are often inactive, and in the second vice versa. At the same time, practically no measures are applied to persons who are malicious deviators, but to individuals and legal entities who are ready to repay monetary obligations, but they need installment plans, apply the most severe measures of influence, seizures of both movable and immovable property, prohibitions of traveling abroad and driving a vehicle (for individuals), even if this involves the professional duties of a person.

However, in whatever position you are, you must remember that the activities of any official are strictly regulated by law, in this case, the Federal Laws “On Bailiffs” of 21.07.1997 N 118-FZ and “On Enforcement Proceedings” of 02.10. 2007 N 229-FZ. Also, all regional departments and bailiffs are subordinated to the Federal Service of Bailiffs of the Russian Federation, and are accountable to the Prosecutor’s Office of the Russian Federation as a matter of supervision.

If you find yourself in a difficult situation, it is better to turn to an experienced lawyer, since despite the fact that the above laws seem to be quite simple and understandable, there are strict procedural deadlines for executing court rulings, the delay of which entails high penalties. especially for legal entities. In addition, to obtain permission to postpone the execution of court’s ruling , it is necessary correctly to substantiate one’s position and provide substantial evidence of the absence of such opportunity.Protecting the rights of both individuals and legal entities from the unlawful actions of bailiffs also requires considerable work and knowledge of the legislation, including in the criminal and administrative sphere.Also, to carry out such procedures as the introduction, eviction, seizure and arrest of property, it is necessary to be well-versed in procedural rules, since in procedural rules are made by officials most mistakes, and subsequently these actions can be challenged. In addition, remember that after carrying out any legal proceedings against you, you should be immediately provided the copy of the relevant protocol (minutes) after the procedural measures are completed.

The lawyers of DTK Partners will help to resolve the issues with bailiffs: analyze the legality of their actions, in case there are grounds to get installments or postponement of execution of court decisions and / or rulings, to intensify work for recovering of damages, if there is a court decision and execution order.


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Personal involvement in the problem

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