Companies that have passed all stages of debt collection usually receive executive documents from a court or other government body, according to which debts are collected from the debtor without his consent. Enforcement proceedings need to ensure that the executive documents issued by state bodies are indisputably executed by debtors in favor of the recoverers with the help of the system of state enforcement agencies. To cooperate with the enforcement agencies, we recommend using the services of an experienced lawyer.
Enforcement proceedings and enforcement documents
Enforcement proceedings are the application of measures aimed at restoring the violated rights and legitimate interests of the claimant, observing and protecting the interests of the state, when executing an enforcement document by employees of the enforcement agencies. The recoverer may voluntarily assist the bailiff of the enforcement agencies in the execution.
Types of executive documents
The executive documents include:
- Writ of execution and court orders issued by the courts.
- Court rulings on the court order.
- Court rulings on securing a claim or on securing the execution of a decision that is not addressed to immediate execution.
- Decisions of the court, the body conducting the administrative process, regarding property penalties in cases of administrative offenses.
- Decisions of the bailiff in certain cases.
- Executive documents of foreign courts in cases stipulated by international treaties of the Republic of Belarus.
- Executive inscriptions of notaries, diplomatic agents of diplomatic missions of the Republic of Belarus and consular officials of consular institutions of the Republic of Belarus on the recovery of sums of money (debt).
- The decisions of the prosecutors on the administrative eviction.
- Decisions of the tax authorities on the collection of taxes, fees (duties).
- Other acts, when provided for by the legislation of the Republic of Belarus.
How to start enforcement proceedings
In order for the bailiff to begin enforcement proceedings, the recoverer or his representative must apply to the enforcement agencies with a statement on the initiation of enforcement proceedings and an enforcement document. The executive document must be no older than three years.
Application for initiation of enforcement proceedings
Among the mandatory requirements for an application for the initiation of enforcement proceedings for the recovery of funds:
- The amount of money to be recovered.
- The bank details of the recoverer for the transfer of the recovered amounts.
- The data of the identity document of the claimant — citizen.
Our lawyers will advise you on the issues of contacting the enforcement agencies and prepare a package of documents, including an application for the initiation of enforcement proceedings.
Resolution on the initiation of enforcement proceedings
No later than three days after receiving the application and the enforcement document from the claimant, the bailiff issues a resolution on the initiation of enforcement proceedings. The decision of the bailiff can be received by the claimant personally or it will be sent by mail.
What does a bailiff do in enforcement proceedings
The powers of the bailiff in enforcement proceedings are quite broad. In particular, the bailiff:
- After the initiation of enforcement proceedings, it provides the debtor with a seven-day period for the voluntary execution of the enforcement document.
- Summons the debtor or his representatives to give explanations and submit documents.
- Receives information, materials and documents on executive documents, including information that constitutes a banking secret, free of charge from citizens and organizations.
- Receives information from information systems and resources containing personal data for free without the written consent of individuals.
- Receives information that constitutes a notarial secret and documents that contain this information.
- Takes measures to ensure the execution of executive documents.
- Seizes funds and other property of the debtor.
- Announces the search for the debtor — an individual through the Department of Internal Affairs.
- Prohibits the debtor and other persons from performing certain actions that interfere with the execution of the enforcement document. For example, it prohibits the sale of property.
- Forecloses on the debtor’s funds and other property.
- Freely enters the land plots, the premises of the debtor.
- Examines the territory, furniture, and other possible places of storage of the debtor’s property to identify the property at the expense of which the debt can be collected.
- It has the ability to record audio and video, take photos.
- Checks the progress of execution of executive documents in organizations that pay salaries to the debtor — citizen.
Duties of the bailiff
Among the duties of the bailiff is to provide the parties to the enforcement proceedings or representatives of the parties with the opportunity to get acquainted with the materials of the enforcement proceedings, make extracts from them and make copies.
The requirements of the bailiff
The bailiff may require certain actions to be performed in the execution of court orders. In this case, the requirements of the bailiff are mandatory for citizens and organizations.
What the recoverer and the debtor do in enforcement proceedings
The parties to the enforcement proceedings (the recoverer and the debtor) may submit applications and petitions to the bailiff on issues related to the execution of the enforcement document.
The rights of the parties to the enforcement proceedings
The parties to the enforcement proceedings have the right in particular:
- To get acquainted with the materials of the enforcement proceedings.
- Submit additional materials.
- To participate in the execution of executive actions.
- To challenge the bailiff.
- Use the services of an interpreter when reviewing materials and participating in executive actions.
- To conclude a settlement agreement before the end of enforcement proceedings.
- To appeal against the actions or inaction of the bailiff.
Our lawyer, who represents the Client’s interests in enforcement proceedings, will monitor the actions of the bailiff and, if necessary, submit the necessary petitions to speed up execution.
Obligations of the parties to the enforcement proceedings
The parties to the enforcement proceedings are obliged to inform the bailiff about the change in their bank details, surname or name, place of residence no later than three days from the date of the change.
Features of obtaining execution by the recoverers when the debtor does not have enough funds
When several enforcement proceedings have been initiated against the debtor and there are not enough funds, the recovered funds are distributed in order of priority. There are six queues in total. The requirements of each subsequent queue are satisfied only after full calculation according to the requirements of the previous one.
The first stage
First of all, it is necessary to satisfy the requirements for recovery:
- Alimony.
- Expenses for the maintenance of children who are on state support.
- Amounts in compensation for damage caused to the life and health of a citizen.
The second stage
Secondly, the requirements are met:
- On the remuneration of citizens who work (worked) for the debtor under employment contracts and civil law contracts.
- On compensation for damage caused by a crime or administrative offense.
The third stage
In the third place, the demands for recovery are satisfied:
- Amounts to the budgets of state extra-budgetary funds (contributions to state social insurance).
The fourth stage
In the fourth place, the demands for recovery are satisfied:
- For obligations secured by collateral at the expense of funds from the sale of the pledged item.
- Amounts to the republican and local budgets.
- Amounts in case of loss of the breadwinner, insurance payments for compulsory insurance, payments for state social insurance of citizens, claims for payment of royalties, as well as moral damage.
The fifth stage
In the fifth place, the requirements for the recovery of funds are satisfied:
- To repay debt on loans under government guarantees.
- To repay the debt on assets acquired by JSC “Development Bank of the Republic of Belarus” from banks of the Republic of Belarus.
The sixth stage
In the sixth place, the requirements for the collection of other payments are satisfied.
How a lawyer can help in enforcement proceedings
The lawyer will help to correctly draw up a statement on the initiation of enforcement proceedings, and will also help:
- Build interaction with the bailiff;
- Monitor the recovery process and send the necessary petitions and statements to the bailiff;
- Receive information in case of seizure of the debtor’s property and funds;
- Build a strategy for the actions of the enforcement proceedings for its successful completion;
- Evaluate the actions, inaction of the bailiff and, if necessary, appeal them;
- Get information about the deadlines for the execution of enforcement documents;
- Get information on other issues that arise during enforcement proceedings.
Contact us
If you have any questions about enforcement proceedings, we will be happy to help you! Our long-term experience in the field of enforcement proceedings, including cooperation with bailiffs, will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
