Control over the execution of court decisions
Monitoring for execution of judgments
Every court decision, which came into force, according to the person to whom it is adopted, the court shall issue a writ of execution. If the basis for the decision to be transferred property located in multiple locations, or if the decision was taken in favor of several plaintiffs or against several defendants, the court is entitled to request creditors to give some of the writ, just noting that part of the solution must fulfill for each executive letter.
Problems that you might encounter:
- useless waste of time in queues to the artist
- seized your property and accounts
- Bailiffs inaction
- illegal actions of the bailiff
- cancellation of illegal public auction
- suspicion of collusion artist and debtor
- delaying enforcement proceedings
- not carried out the description of the debtor
- peer review appeal
It is important to know!
Implementing measures are state enforcement at home, work or residence of the debtor or the location of the property. If the debtor is a legal entity, the execution is carried out at the location of its permanent body or property. The right choice of execution among several state executive service, which can perform executive action to implement the decision in the territory covered by their functions, owned by the plaintiff.
State performer in the 3-day period after receipt of the document to him the executive makes a decision on the enforcement proceedings.
The decision of the bailiff sets deadline for voluntary execution, not exceeding 7 days, and the decision on forced evictions – 15 days and prevents the debtor after enforcement of the deadline with the recovery from his executive collection and expenses related the proceedings execution.
Copy of the enforcement proceedings no later than the next day sent to the creditor, debtor and body (official) that issued the executive document.
State Executive shall hold executive action to implement the decision within 6 months from the date of the resolution on the enforcement proceedings, and to implement the decision of non-property – within two months. Timelines enforcement proceedings do not apply to time deposits execution proceedings or suspension of enforcement proceedings and the period of the arrested debtor’s property.
First, the penalty applies to funds belonging to the debtor (cash or money in bank and financial institutions), then – on personal property (furniture, appliances, vehicles), then – on non-residential real estate, and only as a last resort – housing.
What specifically we offer:
- We take part in implementing the actions related to the verification of property of the debtor, holding the description of the property and arrested. Accepted property seized for safekeeping – this will help avoid temptation artist “something to miss” and allow to preserve the integrity of the property.
- Monitors the implementation of decisions and execution. Monthly direct state performer written requests.
- We guarantee that any detected debtor’s property will be immediately arrested, if the amount of debt and the cost of these assets relate.
- Primus artist or send inquiries independently attorney will send requests to the tax office – to determine the amount of income the debtor and his place of work, whether the debtor business entity, information about its accounts;
- Registration Chamber or to the registrar administration – determining whether the debtor business entity that its activities and place of registration;
- The police – to identify the debtor by registered motor vehicles, agricultural machinery, and real estate; local government – the allocation of land, a permit to conduct business activities;
- To organs of civil registration of citizens – the definition of marital relations in order, subsequently, the detection and seizure of the marital property;
- To address the regional office at MIA – the address on the registration of the debtor;
- To the Pension Fund and Employment Center – the debtor being registered.
- Send to all the major banking and financial institutions of the arrest of funds of the debtor.
- Written right to call the debtor executive service to provide explanations, in the case of ignoring him our demands or requirements of the artist – will facilitate the imposition of a penalty and an order of compulsory debtor by the police.
- Maynovoy verify the condition of the debtor at his place of registration or actual residence of his estate.
- In case of ineffective actions of the bailiff’s appeal against his actions or omissions to a higher authority (chief executive service, local government Justice or Justice) or directly to the court.
The law stipulated deadlines to appeal the actions of state performers, including 10 days of when you knew or should have know about the violation of their rights (refusal to initiate enforcement proceedings, closing it without any actions to implement the decision, etc.), and 3 days when person knew or should know of the violation of the rights and freedoms when appealing to suspend proceedings execution. Missed a valid reason for complaint period may be renewed by the court on the application.
So important to seek the help of a lawyer, the delay could lead to irreversible consequences and make it impossible to execute the court decision!
The team of the law firm «PRIKHODKO & PARTNERS» prepare and submit a complaint to the court, demanding compensation for moral and material damage caused by your actions artist.
If the judgment concerns to protect your civil rights and obligations, then the default judgment law firm «PRIKHODKO & PARTNERS» submit on your behalf an application to the European Court of Human Rights on the violations of the right to a fair trial (Article 6 of the Convention on Human Rights).
At your request, we brought to administrative and criminal liability of persons who interfere to protect your rights.
To attention. For non-legitimate demands of the bailiff guilty persons bear administrative responsibility (Article 188-13 CAO). For intentional failure by an official judgment, decision, order or decision of the court, which came into force or obstruct their implementation perpetrators may be held criminally liable (Article 382 of the Criminal Code). The said article of the Criminal Code applies to Ukraine Bailiffs along with statattyamy 364 (negligence), 367 (abuse of power), 368 (extortion undue advantage) of the Criminal Code of Ukraine.