To date, the issue of returning the debt-to-date for both ordinary citizens and for entrepreneurs and companies, rose most sharply. Of course for the plaintiff, the main thing – to the decision of the court, that is to the defendant performed its obligations to the lender as soon as possible. Even after the case is won, not the fact that the defendant will hasten to give you back the debt. Enforcement proceedings – final stage arbitration process, following the trial. The central figure of enforcement proceedings, otherwise the official who provides the most efficient execution of judicial decisions – Bailiff (Bailiff's Service). Participation of a bailiff in court proceedings is mandatory. Specific activities of the bailiff is enforcing judgments.
To this end, the court bailiff provided a list of powers in accordance with the law. Instituted enforcement proceedings with the filing of the writ and statement to the bailiff to the Executive. Judicial bailiff is obliged to use the rights granted to him in accordance with the law and avoid its activities infringing on the rights and lawful interests of citizens and organizations. In addition, the bailiff, who in production are at least about three hundred cases simply can not keep within the allotted Federal Law "On Enforcement Proceedings" for 2 months. During this time, the bailiff need the time to establish the identity of a natural person – the debtor find the actual location of the entity and its assets, if necessary, to organize its search and search of his property, to send requests to various government agencies. All this is undoubtedly requires repeated application to the court, but to challenge acts or omissions of the past to delay and the impossibility of the actual execution of judicial decisions. The bailiff has the right to institute enforcement proceedings only in respect of those persons who are listed in the writ.
Incidentally, on this occasion comes a lot of complaints. Often, when a debtor company, freeing yourself from debt repayment pleads bankruptcy or reorganization of producing, transferring all of its property prior assignee. In such cases, to recover debt is difficult, because the bailiff has the right to foreclose only on the property of the organization to which by law is responsible for the obligations of the debtor-organization. If the company liquidated the bailiff shall deliver executive documents (executive sheet) in the liquidation commission. In most cases recoverer to begin a new trial and prove their property claims to the company to a successor. Great difficulties arise executive proceedings, the debtor – non-residents, where the debtor is located in third countries. In this case, the recovery of legitimate police officers at the location of the debtor. Bailiff in their work should guided by the law on enforcement proceedings. By competent and timely action of the bailiff and the creditor to determine the effectiveness of the implementation of a judicial act.