Application for issuance of writ of execution

A citizen who has received a court decision has the right to file an application with the court for the issuance of a writ of execution. This is the beginning of enforcement proceedings, the main purpose of which is the forced execution of the court decision. However, how to properly prepare it and submit it to the judicial institution, we will analyze in the article below.

In what cases is a writ of execution issued?

A writ of execution is an official document issued by a court on the basis of court decisions in civil, administrative and criminal cases concerning the collection of funds. Such a document is also obtained by a person in the event that he wishes to achieve the forced execution of a settlement agreement approved by the relevant court, or decisions of arbitration courts or arbitrations. The direct execution of the requirements specified in the writ of execution is carried out by state or private executors at the request of the Law of Ukraine “On Enforcement Proceedings”.

Important to know! Sometimes there are cases when the plaintiff loses the original of the relevant writ of execution issued by a specific judicial institution. In such a case, he can also submit an application to the court for the issuance of a duplicate.

Within what period must a writ of execution be presented for enforcement?

A writ of execution must be submitted to the relevant executor within three years from the date the court decision becomes final (except for decisions in the case of a labor dispute commission). At the same time, in the event of missing the specified period for good reason (for example, in the case of prolonged treatment or business trip), a citizen has the opportunity to submit an application to a judicial institution for its extension.

It is also worth emphasizing that there are cases of interruption of this period. This is allowed in cases where:

• the document was returned to you due to the impossibility of collection;
• the court announced an extension of the implementation of the relevant act.

After the grounds for which it was impossible to execute the relevant writ of execution have ceased to exist, the period for its submission begins to count again. For more information, we recommend that you order a consultation with one of our qualified lawyers.

Application for issuance of writ of execution: how to prepare it correctly?

To successfully obtain the specified document, you need to prepare a high-quality application to the court. The specified document, in accordance with the requirements of current national legislation, must contain:

• first, basic information about the case (number and essence of the decision);
• second, data about the collector and the debtor (full name, place of residence, contacts);
• third, a clear request for the issuance of the relevant document and the basis for approval (the fact of the party’s voluntary non-execution of the court decision).

If your application contains errors or inaccuracies, the state bailiff can immediately refuse to open proceedings. Therefore, it is very important to involve an experienced lawyer to prepare it.

In what case can a writ of execution be recognized as unenforceable?

The grounds for deciding that a writ of execution should be recognized as unenforceable may be:

1. its issuance pursuant to a court decision that has not yet entered into legal force (for example, if the 15-day appeal period has not yet expired);
2. the court decision in respect of which the writ of execution was issued was changed in an appeal or cassation procedure, respectively;
3. its presentation for implementation after the expiration of the period established by law for this;
4. establishing the fact that the debtor fulfilled his obligations before the moment of presenting the relevant document to the enforcement service;
5. the debtor was recognized as bankrupt in accordance with the law (in this case, other features apply regarding the possibility of collecting the relevant amount of money from such a person).

Legal support for obtaining a writ of execution for the enforcement of a court decision: what services do we provide?

The company “Prikhodko and Partners” provides full legal support for the enforcement of a court decision. We help at every stage to ensure effective protection of your rights, guaranteeing high-quality legal assistance and maximum efficiency in obtaining the desired result. The main services of our lawyers include:

• legal consultations;
• preparation of an application for the issuance of a writ of execution;
• support in presenting the relevant document for implementation and interaction with the enforcement service;
• representation in court in the event of a debtor challenging the requirements under the writ of execution;
• support in the case of declaring the debtor bankrupt (for example, for the possibility of debt collection after restructuring, rather than complete termination).

Summing up, to start enforcement proceedings, it is necessary to obtain a writ of execution from the court that made the relevant decision in your case. After that, it is worth presenting such a document for execution to a state or private executor within three years. The lawyers of our law firm “Prikhodko and Partners” can help with the preparation of an application for the issuance of a writ of execution and further support of the entire process of its implementation.

We will ensure effective protection of your rights in court and during legal proceedings. To find out the cost of preparing an application for the issuance of a writ of execution, fill out the form below.