Statute of limitations for enforcement proceedings bailiffs will come 3 years after any court issues a writ of execution to the claimant. That is, in order for it to expire, you need the specified amount of time not to transfer it to the bailiffs. Also, this period of time may end when, after the suspension by the bailiffs of the proceedings, a person or organization with a writ of execution did not want to apply to the FSSP to repeat the procedure.

According to the above facts, it becomes clear that the answer to the question whether there is a statute of limitations for bailiffs is positive, that is, it is provided. But, what are the advantages for debtors, who mainly ask such questions, in a situation when the time for litigation is it over?

What will give a person with a debt that has expired

When the limitation period for enforcement proceedings of bailiffs expires, then nothing will change for any debtor, he will have the same debt and the obligation to return it. Officials from the FSSP will also have the right to look for sources of income for such a person, his property, and sell it.

All this means that the statute of limitations for debt collection by bailiffs does not automatically expire. That is, it must be proven in court, which you need to go to yourself in order to prevent any actions on the part of the bailiffs or wait until judicial authority the second party will turn and declare that the statute of limitations for the enforcement proceedings of the bailiffs has already expired. In both cases, you need to justify your point of view, provide evidence, so the fact that 3 years have passed since some point is not yet a sufficient basis for recognizing the fact.

It means that the person-debtor will receive a tangible plus only when the creditor himself leaves him alone... For example, banks do this if the loan amount is small and it is costly for them to collect it. In any other case, an event such as the expiration of a limitation period will lead a person only to new disputes with an unknown result.

When can a debt be written off

On the Internet, people often look for an answer to this dilemma: how long does it take for bailiffs to write off debts? Or the answer to the question - how many years can bailiffs collect a debt? The legislation does not give reason for optimism to the borrower, just to the debtor - the collection can last indefinitely, and the debt can go to the heirs. Even worse, even with a minimal investment of time, any creditor can control the situation without making mistakes, deviations from the norms of laws, including the expiration of the statute of limitations. For example, there are cases when creditors have been postponing the statute of limitations for several 3-year periods.

This means that the question of how much debt is hanging from bailiffs for borrowers is not relevant - this may never happen if the other side of the conflict does not agree. When she comes to terms with the situation, then at least the specified 3 years should pass from the moment the collection procedure was suspended.

How the collection process takes place or why it is not profitable to wait

Those who are interested in when debts are written off from bailiffs should know - from the moment the writ of execution is handed over to the bailiffs, these people have two months to collect any debt. But in many cases they are not invested in the allocated period and the procedure becomes much longer. It largely depends on the other side of the dispute, on his desire, activity. Nevertheless, if there is no promotion within six months, the FSSP will return the writ of execution to the claimant. From this moment, the expiration of the time necessary for the debtor begins, but the limitation period can be interrupted by the second party at any time. The bank, the former spouse, any other claimant can again turn to the bailiffs or the court, after which a new round of the collection process will begin.

Although usually loaded with work, bailiffs do everything in a standard way, for example, send requests to addresses they know, to a potential place of work. When this does not give a result, then after a while they can repeat or extend the procedure. An experienced collector, for example, a bank lawyer, will be able to give the procedure a much larger scope, as a result of the arrival of bailiffs at home, at work, various requests will become a common occurrence in a person's life at intervals from several months to many years.

Therefore, a person interested in how to write off debts from bailiffs should understand that, for the most part, the opportunity to use the fruits of the past period of prescription depends on the other side of the dispute, but not on the person-debtor. As a result, a lot of nerves and time are wasted.

This means that anyone interested in the question of whether bailiffs have a statute of limitations should better think about how to get rid of the debt in a more reliable way, for example, by restructuring the debt, writing off part of it. That stabilizes the situation, gives the person peace and a guarantee that in the long term he will benefit from it.

Attention! In connection with latest changes in legislation, the legal information in this article may be out of date!

Our lawyer can advise you for free - write a question in the form below:

How long will enforcement proceedings last? I'm a surety

Hello, I have such a situation. Once I had the imprudence to be a surety for an unscrupulous person. 4 years ago, the bank filed a lawsuit and the case was transferred to bailiffs 3 years ago. For 3 years, besides the arrested debit account, the bailiffs did nothing and did not notify! How long will such production last? How to remove an arrest from an account? Can I go abroad on vacation?

If the institution received a writ of execution, for example, on the collection of alimony from the employee, do not rush to file it with any journal of operations. Indeed, for such documents should be organized special order accounting and storage. We will tell you why this is important.

Types of executive documents

If physical or entity, the public law entity independently failed to fulfill its obligation to transfer money and other property to other citizens, organizations or budgets or to commit certain actions in their favor (refraining from performing certain actions), this is done compulsorily in accordance with the requirements of the Federal Law of 02.10 .2007 No. 229-FZ "On Enforcement Proceedings" (hereinafter - Law No. 229-FZ).

The basis is the executive documents. These include (part 1 of article 12 of Law No. 229-FZ):

• writ of execution issued by courts of general jurisdiction and arbitration courts on the basis of judicial acts adopted by them;
• court orders;
• notarized agreements on the payment of alimony or their notarized copies;
• certificates issued by labor dispute commissions;
• acts of the bodies exercising control functions on the collection of funds with the attachment of documents containing the marks of banks or other credit organizations in which the debtor's settlement and other accounts are opened, on full or partial non-fulfillment of the requirements of these bodies due to the absence of funds on the debtor's accounts, sufficient to meet these requirements;
• judicial acts, acts of other bodies and officials in cases of administrative offenses;
• decisions of the bailiff;
• acts of other bodies in the cases provided by law.

Requirements for the execution of executive documents are listed in Art. 13, 14 of Law No. 229-FZ.

Most often, institutions receive writs of execution for withholding alimony from the employee's income. In addition to alimony, on the basis of executive documents, amounts may be withheld from the employee's earnings in compensation for material damage, harm to health, etc.

check in

Executive documents are not primary documents, since they do not record any facts of the economic life of the institution. Therefore, they do not need to be attached to any transaction log. In accordance with clause 11 of Instruction No. 157n, the accounting registers systematize and accumulate the information contained in the primary (consolidated) accounting documents accepted for accounting. There are no other documents in this paragraph.

For executive documents, it is necessary to organize a special procedure for accounting and storage. And that's why:

• on the basis of the executive document, mandatory deductions are made from the employee's income (part 3 of article 98 of Law No. 229-FZ). The debtor employee should be familiarized with the executive document against signature (letter from Rostrud dated 19.12.2007 No. 5204-6-0);
• when the debtor changes the place of work, study, place of receipt of pension and other income, persons who pay the debtor a salary, pension, scholarship or other periodic payments are obliged to immediately notify the bailiff and (or) the claimant about this and return the executive document with a mark on the penalties made (part 4 of article 98 of the Law No. 229-FZ). The mark indicates the amount of deductions and withheld amounts, numbers of payment documents (receipts) and dates of transfers and the balance of the debt (if any). The note on the deductions made must be certified by the seal of the organization and the signature of the responsible official.

Thus, upon receipt of executive documents at the institution, it is necessary to organize their separate accounting and control over the full and timely execution - the production of deductions from wages employees and transferring these amounts for the intended purpose.

According to the rules of document flow, first of all, all executive documents received by the institution must be recorded in the general register of incoming correspondence. The registration stamp “Вх. No. from ", containing the registration index and the date of receipt of the document.

Consider!

The head of the institution must, by his order, appoint a person responsible for the safety of executive documents. It is most logical to assign this responsibility to the accountant, since it is he who will work with these documents.

As part of the institution's accounting policy, it is necessary to approve a workflow schedule that determines the procedure for registering incoming correspondence and transferring it to the accounting department.

Registered executive documents no later than the next day are transferred to the accounting department against receipt to the responsible official appointed by the organizational and administrative document.

In addition, to control the movement of executive documents, it is advisable to keep a special journal (book, card).

There is no unified form of such a magazine (book, card).

Therefore, the institution has the right to develop it independently and approve it as one of the annexes to the accounting policy for accounting purposes.

As a basis, you can take the form of the journal of accounting and registration of executive documents, given in Appendix 1 to the Procedure for maintaining records and storage of documents on the execution of judicial acts providing for the levy of execution on funds from the budgets of the budget system Russian Federation on monetary obligations of recipients of budgetary funds, approved by order of the Treasury of Russia dated September 26, 2007 No. 5n.

Approximate forms of the journal of registration of incoming correspondence and the journal of accounting and registration of executive documents are given at the end of the article.

Before the transfer of the executive document to the accounting department, it is advisable to familiarize the employee of the legal service of the institution with it, since the value and status of the received document must be assessed from a legal point of view.

Storage

It is recommended to organize the storage of executive documents in the accounting department in the manner prescribed for the forms of strict reporting. According to clause 6.2 of the Regulations on documents and workflow in accounting, approved by the Ministry of Finance of the USSR on July 29, 1983 No. 105, strict reporting forms must be stored in safes, metal cabinets or special rooms to ensure their safety.

At the same time, executive documents do not have to be taken into account on off-balance sheet account 03 "Forms of strict reporting". It is important to organize their storage in the same way, by identifying a responsible person.

According to clause 416 of the List of standard administrative archival documents generated in the course of the activities of state bodies, bodies local government and organizations, indicating the storage periods approved by order of the Ministry of Culture of Russia dated 25.08.2010 No. 558 (hereinafter - List No. 558), the writ of execution (executive documents) must be kept in the organization until the need expires, but not less than 5 years. Books, magazines, accounting cards of executive documents are kept for at least 5 years (sub. “O” clause 459 of List No. 558).

Incoming mail log

Journal of accounting and registration of executive documents

On March 25, 2010, a meeting of the CEPC was held at Rosarkhiv. The meeting discussed the issue "On the establishment of storage periods for documents completed in the office work of completed enforcement proceedings, instituted on the basis of acts of authorized bodies and officials of the Federal Bailiff Service, completed by actual execution".

CEPK at Rosarkhiv approved the terms of storage of documents related to the conduct of enforcement proceedings proposed by the CEC of the Federal Bailiff Service. The Federal Service of Bailiffs was invited to make appropriate changes to the "Instruction on Records Management in the Federal Service of Bailiffs" (Approved by Order of the Ministry of Justice of Russia dated June 25, 2008 No. 126).

For reference:In this case, we are not talking about all the documents of the Service, but only about the executive documents. Their types are indicated in Art. 12 of the Federal Law "On Enforcement Proceedings"

Federal Law dated 02.10.2007 No. 229-FZ "On Enforcement Proceedings"

Article 12. Types of executive documents

1. Executive documents, directed (presented) to the bailiff-executor, are:

1. writs of execution issued by courts of general jurisdiction and arbitration courts on the basis of judicial acts adopted by them;
2. court orders;
3. notarized agreements on the payment of alimony or their notarized copies;
4. certificates issued by labor dispute commissions;
5. acts of the bodies exercising control functions on the collection of funds with the attachment of documents containing the marks of banks or other credit organizations in which the debtor's settlement and other accounts are opened, on full or partial non-fulfillment of the requirements of these bodies due to the absence of funds on the debtor's accounts, sufficient to meet these requirements;
6. judicial acts, acts of other bodies and officials in cases of administrative offenses;
7. decisions of the bailiff;
8. acts of other bodies in the cases provided for by federal law;
9. a notary's executive inscription in the presence of an agreement on an out-of-court order of foreclosure on the pledged property, concluded in the form of a separate agreement or included in the pledge agreement.

At present, the storage periods for documents related to the enforcement proceedings are approved by Order of the Ministry of Justice of the Russian Federation dated June 25, 2008 No. 126 (see Appendix No. 47) along with the instruction on paperwork in the Federal Bailiff Service).

Retention periods for certain types of documents related to enforcement proceedings (Appendix No. 47 to the order of the Ministry of Justice of the Russian Federation dated June 25, 2008 No. 126)

P / p No.	Document type	Document storage period
1	Book of registration of executive documents	10 years (1)
2	Zonal register of enforcement proceedings	5 years old, Art. 193 l (*)
3	Book of accounting of consolidated enforcement proceedings	5 years old, Art. 193 l (*);
4	Register of complaints filed in the chain of command	5 years old, Art. 72v (*)
5	Arrested property book	10 years (1)
6	Enforcement proceedings for the execution of decisions of courts of general jurisdiction	5 years old, EPK, art. 58 (2)
7	Execution proceedings for the execution of decisions of arbitration courts	5 years old, EPK, art. 58 (2) (*)
8	Enforcement proceedings for the execution of decisions of authorized state bodies on the appointment of an administrative penalty	3 years (1), EPK
9	Enforcement proceedings completed on the basis of clause 8 of part 1 of article 47 of the Federal Law of 02.10.2007 N 229-FZ "On enforcement proceedings"	5 years after the actual execution, EPK Art. 58 (2), (*)

It is also worth noting that federal Service This is not the first time that the bailiffs have coordinated the terms of storage of their documents established by her with the Federal Archival Agency. So, the terms of storage of documents mentioned in paragraphs. 1, 5 and 8 were agreed with Rosarchiv in 2005 (Letter dated 18.10.2005 No. 4/2091-K), and the documents mentioned in clauses 6, 7 and 9 were agreed in 2006 (Letter dated 21.08.2006 No. 4/1565-K).

My comment:I believe that this is exactly the approach that should be applied when establishing all the retention periods for documents by the authorities state power... At present, however, most departments prefer to do this on their own - which, as it seems to me, is fraught with troubles for the state bodies themselves, and the destruction of the remnants of a unified approach to determining the storage time of documents.

"Go to court" - this phrase can often be heard when various arise. Most people have a certain cliché in their minds. They think that the court is a guaranteed source of repayment of funds: alimony, household debts, loans and much more. But they forget or do not know one legal concept: the statute of limitations for enforcement proceedings. There are situations when it is impossible to collect a debt through the court. Of course, many consider this rule to be unfair, especially creditors. However, this is the law. What is the limitation period for enforcement proceedings? How is it determined and from what moment is it counted? This will be discussed in this article.

Concept

The limitation period for enforcement proceedings does not need to be equated to the term limitation period... These are different things, despite the similarity of the name. Let's look at the differences.

The limitation period is the time that is given for filing claims in court after a certain situation. For example, the debtor took a certain amount of money and did not return it on time. Civil Code determines that the creditor has the right to go to court. However, if he does not do this in the next three years from the moment when the debt was not returned to him, then the court may refuse his claims. Of course, this will need to be done at the request of the defendant, but these are already nuances. The main idea is that the creditor cannot wait, say, ten years, and then decide to sue. He has the right to sue within a certain time frame. This is called the statute of limitations. In each case, it is different. For example, when an employee is dismissed from an enterprise, it is given only one month to challenge this decision, even if it was indeed illegal. The court will not even consider this issue if more than a month has passed. Of course, there are nuances in restoring the right to file, but this is a completely different topic.

The statute of limitations for enforcement proceedings is the time when the trial has already taken place. Most people think that after him the debtor will hide from the bailiffs all his life until he finally settles. After all, it is mandatory for execution. However, this is not entirely true. Let's analyze the statute of limitations for enforcement proceedings on a loan. This question is relevant today, since judgments a lot has been handed down recently, and the bailiff service has literally been inundated with writ of execution. More on this later.

Loan court, is it possible not to pay?

The law obliges debtors to pay creditors. However, there is a limitation period for enforcement proceedings on the loan. It is three years old. However, the main mistake is made by citizens in determining it. It all depends on whether the debtor received a writ of execution. If not, then the statute of limitations is counted slightly differently. Consider these two cases.

The writ of execution not handed over

Suppose a person took a loan from a bank and did not return it. The latter went to court and won the case. In this case, he will be given a writ of execution. It must be handed over to the debtor within three years. However, one must understand that this is not yet the statute of limitations for the executive bailiffs. If within three years the debtor has not been handed the writ of execution, then we can assume that he has been forgiven. In this case, a second appeal to the court is impossible.

Personal delivery of the sheet is required

You need to understand that the writ of execution must be personally handed over. This also applies to the marking of registered mail. If it is, but the debtor was not found, then it is considered that the writ of execution has been received. All claims in this case must be sent to the postal service. It is important to know that notifications by phone or email are not allowed.

The writ of execution was handed over

If the writ of execution is nevertheless delivered, then the creditor applies to the bailiff service. Based on this, production is started. IN Federal law “On Enforcement Proceedings” all these points are described in detail. Bailiffs are given 2 months to take measures to block bank cards, seize property, etc. This is the statute of limitations for enforcement proceedings (credit). The issue of the effectiveness of the service, of course, still causes controversy. There are times when the debtor did not even hide from them. He lived at his own address, had property, kept the entire official salary on bank cards... However, we will not examine the issue of the effectiveness of bailiffs.

The writ of execution is returned to the creditor on the following grounds:

• the debtor has no property;
• the debtor cannot be found;
• the claimant (bank) refuses to keep the seized property.

Final write-off?

If the bailiffs returned the writ of execution to the creditor with a corresponding note, this does not mean for the debtor that everything is over. It is too early for him to drink champagne, and the claimant should not despair. After the return of the sheet, another three years must pass.

Run a little

Let's simulate the situation to understand the big picture. The man stopped paying his debts in March 2016. Within three years, you have the right to sue the creditor. Let's say he filed in February 2019, the trial took place in June. Now the creditor has three years to serve the writ of execution to the debtor. He sends it by registered mail in March 2022. The fact of receiving it does not matter. After that, he turns to the executive bailiffs. Six months later, he receives an answer that there is no way to collect the debt. Let's remind that we already have September 2022. And only after September 2025, the debtor can rejoice that he has been forgiven. How long or not, everyone decides for himself.

If the creditor again appeals to the bailiffs within three years after the return of the writ of execution, then the term is interrupted. Everything happens again. It can go on forever. Fair or not, this is the law that defines the statute of limitations for enforcement proceedings in Russia. Let us examine other situations related to this concept.

Statute of limitations for enforcement proceedings: traffic police fine

The statute of limitations for traffic fines is the execution of a decision on the appointment of an administrative penalty. It is one year from the date of the decision (Article 31.9 of the Administrative Code). However, if the driver violated the rule, then the employees have only two months to initiate administrative proceedings. This is extremely rare. Basically, you can be sure that in the event of a violation traffic rules it will not be ignored. Traffic police officers are required to produce the results of the so-called “engagement plan”. Therefore, you can be sure that they will have time to carry out all the relevant procedures within two months.

Do not forget that in the event of a repeated stop, the driver is "punched" through the database for unpaid fines. In case of such, the traffic police can attract a defaulter under article 20.25 of the Administrative Code. This will result in a new penalty of double the previous one. Also, employees can apply arrest for up to 15 days.

Non-payment of alimony

The limitation period for enforcement proceedings for alimony worries many in our country. Our debt to children is one of the most voluminous. There is no statute of limitations for it. Alimony workers are a headache for bailiffs. They "hang" in the database all the time. They constantly have to count.

The obligation to pay alimony comes after statement of claim to court. Therefore, simultaneously with a divorce, you must immediately write such a petition. Mothers naively believe that alimony starts to "drip" automatically. In exceptional cases, the court will recover from the ex-spouse for the previous three years, but no more. You cannot come to court after 10 years and demand alimony for the entire time.

In the event of the death of the debtor, his debt fixed at the time of death is transferred to the heirs. That is, he moves from the category of "family" to "civil". The ex-wife of the testator has the right to demand a debt from the heirs. This is the position The Supreme Court RF. However, do not forget that now the debt is regulated according to the rules that we have already described for loan agreements. Ignorance of this norm is sometimes dear to citizens. They think that if an alimony debt is recognized for the heir, then one can also hope for lifelong work of bailiffs in relation to the new person. This is based on the position of the Supreme Court of the Russian Federation, which was reflected in the review judicial practice for the 3rd quarter of 2016.

The limitation period for enforcement proceedings in a criminal case

As for criminal cases, many people often make mistakes when defining the branch of law. For example, a person committed theft, caused damage to the victim. For this he was punished with imprisonment. However, it is worth clarifying that the very action to take away things is a criminal act, and the damage refers to civil law... The imposition by the court of a measure of restraint with the payment of damage means that a punishment from two branches of law was immediately applied to the convicted person: criminal and civil. It all depends on the specific case. Each dispute is highly individual. As for causing harm to life and health, there is no statute of limitations.