Application for the opening of enforcement proceedings: general information
In order to fully complete the litigation, the court decision that has entered into legal force must be executed. However, the execution of the court decision is entrusted to the executive services.
Before applying for the opening of proceedings to the executive service, it is necessary to obtain a writ of execution. Execution letters are issued after the entry into force of the court decision on the application of the exactor. Such a document must be added to the application for opening enforcement proceedings in order to recover the debt.
When drawing up an application for the opening of enforcement proceedings, our specialists recommend that you familiarize yourself in detail with the main structure of the application, as well as with further actions related to the opening of enforcement proceedings.
If it is necessary to draw up an individual application for the opening of enforcement proceedings, we recommend using the Consultant legal services service to order a turnkey document.
Basic details of the application for the opening of enforcement proceedings
When drawing up an application for the opening of enforcement proceedings, you must specify the following information:
The number of the executive document;
A brief description of the enforcement document (which court issued it, who is the recoverer, who is the debtor, the amount of debt that must be collected in favor of the recoverer);
Date of entry into force of the judgment;
Details of the bank account to which the collected funds should be credited.
The presence of all of the above information will allow the enforcement service to quickly conduct enforcement proceedings and recover funds from the debtor.
Many lawyers also note that the writ of execution must be added along with the application only in the original. If a copy of the writ of execution is provided, the application may not be accepted.
If you have lost the writ of execution required to apply for the opening of enforcement proceedings to recover funds from the debtor in favor of the recoverer, you can apply to the court to obtain a duplicate of the writ of execution.
Our specialists are ready to provide proper advice on the issuance of writ of execution and take on the process of enforcing a court decision up to the receipt of funds from the debtor!
Application for opening enforcement proceedings for debt collection
Above, we have already mentioned the details of the application for the opening of enforcement proceedings. However, the deadlines for filing an application for opening enforcement proceedings should also be noted.
Usually, the countdown for calculating the deadline for filing an application for opening enforcement proceedings begins from the day the court decision enters into legal force. Unfortunately, the practice of making mistakes is quite common when it is believed that the period is calculated from the date of receipt of the writ of execution.
In cases of debt collection, the law provides three years for opening enforcement proceedings. In turn, after submitting an application for the opening of production, it opens no later than the next working day.
However, we also emphasize that the recoverer, who missed the deadline for filing an application for opening enforcement proceedings, has the right to apply to the court that issued the writ of execution with an application for the restoration of missed deadlines.
If it is necessary to analyze an application for the opening of enforcement proceedings or the development of an individual document, we suggest using our legal services service Consultant. Our experts will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
Application template for opening enforcement proceedings
The best debt collection lawyers are ready to provide appropriate advice! We offer high quality services with comfortable service.
It has become much easier to purchase a sample application for opening enforcement proceedings for debt collection! You can upload a document in a few simple steps:
Download the mobile application "Consultant";
After a short registration, you can find the required document in the "Documents" section;
By clicking the "Buy Template" button, you will immediately receive a link to download the document.
