Power of attorney to present a writ of execution to a credit institution. Acceptable period of use

Provides a range of actions by proxy when representing the interests of citizens in the service bailiffs. It is limited by the regulations of powers Services, as well as the competencies of bailiffs, which primarily include:

• collection of debt obligations;
• requirement to pay child support for children or elderly parents.

If a court decision establishes a penalty for repayment of a loan debt or alimony obligations, interested party has the right to contact the Service. The appeal requires the personal presence of the plaintiff. If this is impossible for a number of reasons, according to the provisions of Article 182 of the Civil Code of the Russian Federation, the claimant can contact a representative: a lawyer or lawyer. Representation is permitted only on the basis of a power of attorney.

Who writes?

The document is drawn up by the principal, who judicial procedure acted as a plaintiff in civil case and received recognition of the claim, officially formalized by an extract from the court decision. It can be either a creditor who is interested in repaying the debt by the defendant, or a recipient of alimony, including alimony debt.

REFERENCE: When collecting alimony, the power of attorney is accompanied by a writ of execution issued in court.

The principal can draw up the document independently, or seek the services of a notary. For this he will need court document and passports of the parties to the power of attorney.

If the principal is a legal entity, the document is drawn up on behalf of the general director.

Primary requirements

For registration

Such a power of attorney relates to the property of the defendant, which can be arrested at the request of the plaintiff-principal. Therefore, the document must comply with all the requirements of Article 185 of the Civil Code of the Russian Federation, as well as the standards executive office work who accept documents executed by:

It should follow from the document that the plaintiff transfers his powers to initiate enforcement proceedings in relation to the debtor, to the responsible employees of the SSP.

Legal capacity of the parties

Another the main requirement is the legal capacity of the parties to the power of attorney, who must be:

• capable;
• have reached the age of majority;
• have a passport with registration.

Nuances of drafting from organizations

IMPORTANT: Legal entities are required to draw up powers of attorney letterhead their organizations.

Instructions for individuals and legal entities

There are no mandatory requirements for the structure of the document, but a correctly executed document is guided by a special drafting algorithm. The structure of the power of attorney consists of the following parts:

• "a cap";
• introductory part;
• main part;
• conclusion;
• identification record.

Let's look at it in detail:

Compiled document

Power of attorney

January fifteenth two thousand eighteen

Society with limited liability"Capitol" TIN 12986400002, OGRN 9860209828, represented by General Director Fedoseev Pyotr Pavlovich, acting on the basis of the Charter, is authorized by this power of attorney to Gabdullin Georgy Anvarovich passport 16 87 987759, issued on June 28, 2013 by the Basmanny District Department of Internal Affairs of Moscow, residing at the address: Moscow, Barrikadnaya street 87, apt. 32.

Be a representative of the interests of Capitolia LLC in Federal service bailiffs of the Russian Federation in all territorial divisions, with the right to submit, receive and sign documents for presentation executive document for collection.

General Director: Signature P.P. Fedoseev

Identification methods

The certification procedure is regulated by the provisions of Article 185.1 of the Civil Code of the Russian Federation. According to its regulations, a document can be certified:

• notary;
• person replacing the notary;
• general director.

The notarized method of certification can always be used, except for the cases provided for in paragraph 2 of Article 185.1, when the services of a notary are not available. Legal entities having round stamp organizations can certify a document independently.

ATTENTION: Individual entrepreneurs can only use a notarized certificate.

Acceptable period of use

The validity period is regulated by the provisions of Article 186 of the Civil Code of the Russian Federation. It is indicated in the final part and can range from three months before three years. It is counted from the date of preparation indicated in the “header” of the document.

Article 186 of the Civil Code of the Russian Federation. Duration of power of attorney

1. If the power of attorney does not indicate its validity period, it remains valid for a year from the date of its execution.

   A power of attorney that does not indicate the date of its execution is void.

2. A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of its validity period, remains valid until it is canceled by the person who issued the power of attorney.

If it is not specified, then the power of attorney can be valid for a year. If enforcement proceedings are completed, the document is lost legal force. The same - if the principal revoked the power of attorney, and for other reasons specified in Article 189 of the Civil Code of the Russian Federation.

Conclusion

A power of attorney to initiate enforcement proceedings is submitted to the Federal Bailiff Service. and it can be drawn up from guarantors to attorneys - individuals and legal entities. persons Its text is compiled according to an established algorithm. Ready document is certified according to the regulations.

The list of actions is determined primarily by the principal. The powers contained in the power of attorney are precisely those actions that the person to whom the power of attorney is issued will have the right to perform. What actions could these be:

Where and how to draw up a document to perform any actions?

There is no standard power of attorney form. As a rule, banks have standard form powers of attorney or a sample developed by the bank taking into account frequently performed transactions.

If you register with a notary, most likely, you will be offered a ready-made version.

Basic Rules

The basic rules for drawing up and certification of a power of attorney are regulated Civil Code RF (hereinafter referred to as the Civil Code of the Russian Federation).

• Among them are the mandatory ones: The power of attorney is issued in writing
• (Clause 1 of Article 185 of the Civil Code of the Russian Federation). Certification of the signature is carried out, if this is an individual, by a notary, or another person authorized to certify signatures in accordance with the law. According to the rules of Art. 185.1 of the Civil Code of the Russian Federation, this may be the head of the place of deprivation of liberty, the doctor on duty, authorities social protection
• population. In the case of a legal entity, the document is signed by the director or other authorized person.

  The date must be indicated.

Date of. If there is no date of execution, then such a power of attorney is void. Taking into account general requirements

required by law, the following items can be included when drawing up:

• If the power of attorney is issued by a legal entity, you must specify:
• its name;
• indicate the position of the person signing the power of attorney, as well as the document in accordance with which he acts;

registration data of the organization (TIN, OGRN, address).

How to write a document? Below are examples of how you can enable certain powers

depending on the situation.

For presentation/submission of a writ of execution Indicate in the text of the document: “present to the bank a writ of execution from the court, indicating the name of the court, or “any court, court general jurisdiction, Arbitration Court" . The right to present and revoke a writ of execution is mandatory requirement

to the representative’s power of attorney, which is contained in clause 3 of Art. 57 Federal Law “On Enforcement Proceedings”.

Register the authority to sign documents. Typically, the granting of such powers is used by legal entities. When it is necessary to grant the right of first signature to a person other than the head of the organization. In this case, the wording will be like this: “sign payment orders, etc.” The power of attorney vests confidant the right to sign documents in a specific bank.

To change money

Enable cash deposit authority Money. Often used by organizations and entrepreneurs who make payments to the population in money. Then it sounds like this: “Deposit cash.”

To repay the loan

Indicate the powers associated with loan repayment. It is important to understand that it is possible to repay it in full or early. If a power of attorney is issued to represent the interests of a legal entity, then such a power of attorney is signed by the manager or other authorized person. It is usually drawn up on the organization’s letterhead, with a signature and seal, if any.

As we have seen, it is not necessary to visit the bank yourself. You can issue a power of attorney to represent your interests. To do this, it must be drawn up taking into account the requirements of the law. It is imperative to specify all powers so that the authorized person can perform the necessary actions.

A writ of execution, with the help of which it is possible to recover funds located on bank accounts debtor, can be sent to VTB both by the collector himself and FSSP employee.

In the first case, enforcement proceedings are not initiated and bailiffs are not involved in the procedure.

Transfer of writ of execution to VTB Bank

In order for a request to seize or collect money from a bank client to be approved, the interested party must present to the manager:

• your passport;
• power of attorney (if the claimant acts through a proxy);
• original writ of execution;
• an application for the collection or seizure of funds in the account of a debtor who is a client of VTB Bank.

The amount of money specified in the writ of execution and the application to VTB is subject to transfer from the debtor’s account to the bank account of the claimant. It doesn’t matter in what financial organization recipient of funds.

Cashless transfer carried out immediately after receiving the application, but only if there is the required amount money in the debtor's account.

VTB undertakes to three workers days to notify the creditor about the transfer of funds.

If the client does not have enough money on his balance, the bank transfers to the applicant the amount that is available at the time of filing the writ of execution. The remaining amount of the debt is transferred to the collector gradually, as funds are received into the debtor's account. The applicant receives notifications from the bank about each transfer.

Filing an application for collection or seizure of the debtor’s finances

The application form can be downloaded from or received directly from a VTB manager by visiting the bank office in person.

In order for a specialist to accept a request to collect the finances of a debtor client, it is important to indicate in its text:

• Full name of the claimant;
• his nationality;
• details of the bank account to which the money is planned to be transferred;
• place of residence;
• TIN;
• passport details;
• contacts;
• Full name or name of the debtor, his TIN;
• the amount required to be written off;
• details of the writ of execution;
• date of application to the bank.

Application to mandatory signed by the claimant or his authorized representative.

How can I find out whether the requirements specified in the application have been fulfilled?

VTB Bank has no right to disclose similar information to third parties or by telephone, so the applicant himself must contact the nearest office with a passport.

If you are sent to a bank branch legal representative recipient of the money, he should have with him not only an identity card, but also a valid power of attorney.

Is it possible to revoke a writ of execution?

The claimant or his authorized representative may at any time contact the VTB office with a statement drawn up in free form.

It does not matter whether the money was partially withheld in favor of the applicant or not.

Information required to be indicated in the request: data of the other party; information on the writ of execution; name of the court that issued the written opinion; withdrawal period; information about the claimant. It is necessary to submit a certified copy of the protocols along with the application and independently present it to the tax office at your place of residence, since the savings database is uniform throughout the Russian Federation. If a package of documents is submitted by a representative of the claimant, acting in his interests under a power of attorney, a copy of the power of attorney is attached to the package of documents. The result will be received within a week. Having found out information about bank accounts, consider again whether to present an official conclusion yourself, or leave the job to the bailiffs, because only the original act can be submitted at the same time, but the other party’s accounts may be opened in several organizations.

Application to the bank for a writ of execution - sample

A positive court decision and execution of a sentence are not the same thing. After you have won the court and received a writ of execution in your hands, you have grounds for forced collection duty and fulfillment court decision.

Write an application to the FSSP for acceptance writ of execution according to the example below. The sheet can be presented for execution within three years from the date of the court decision.

We remind you that the unjustified inaction of a bailiff is grounds for a complaint against him to his superiors, prosecutor or judge. After receiving the writ of execution, you can go in two ways:

• independently enforce the decision,
• transfer powers to the Federal Bailiff Service.

If there is information about the location of the property or in what credit institutions the debtor has opened accounts, it is not necessary to resort to anyone’s help.

Sample power of attorney to the debtor's bank

Attention

Submitting a writ of execution to the debtor's bank First of all, you should find out which specific credit institution the debtor has current accounts with. To do this, submit a corresponding application to territorial body Federal Tax Service of Russia, in which the debtor is registered.

The Federal Tax Service must report the debtor’s accounts within 7 days from the date of the request (Clause 10, Article 69 of Law No. 229-FZ). After receiving necessary information You can submit IL to the bank.
In the accompanying application, the claimant-citizen indicates the following information:

• details of the bank account to which the collected funds of the debtor should be transferred;
• your last name, first name, patronymic;
• citizenship;
• passport details or data migration card and a document confirming the right of residence or stay in the territory of the Russian Federation;
• address of residence or stay;
• TIN - if available (clause 2 of Art.

How to fill out an application for acceptance of a writ of execution by a bank

Important

The plaintiff may charge:

• financial assets acquired through bank letters of credit.
• securities.
• salary, social Security, allowance, or other temporary income, only subject to periodic payments, not more than 25 thousand rubles.

The claimant, using the authority for a simplified debt recovery scheme, must follow next stages procedures for presenting documents. The bank representative does not notify the other party about the open accounts of the other party and the funds acquired on them, even if a writ of execution has been submitted to the bank.

Find out the source materials about the settlement on the other side in accordance with Art. 69 229-FZ, possibly when carrying out interrelated actions: Make a request for tax office with a request to provide data on the existence or deficit of the other party’s accounts and deposits in financial institutions.

Application forms for presenting writs of execution to the bank

Federal Law, which states:

1. Due to motivated suspicion financial institution It can delay the procedure for a week to verify the authenticity of the paper or the accuracy of the information.
2. Failure by the bank to comply with the writ of execution is possible due to the fact that the funds stored in the selected accounts have already been seized, transactions on them have been suspended, in the second case, if the account is empty.

Based on practice, banks try to comply with the conclusion of the act based on the availability of assets from the other party, because failure to comply with the time will be a reason for attracting the financial organization to administrative punishment according to Art. 17.14 Code of Administrative Offenses of the Russian Federation. A fine will be charged equal to 50% of the asset to be collected from the other party, but not more than 1 million rubles, if the bank does not justify the factor of rejection of the prompt fulfillment of claims.
As Art.

Submitting a writ of execution to the bank

Info

Sometimes you have to involve third parties to carry out certain procedural activities. Below is a power of attorney to the bank for the purpose of obtaining a writ of execution submitted there for collection.

The writ of execution must be withdrawn from the bank if it becomes obvious that it will not be executed. This situation arises if the debtor does not have accounts in this bank or the accounts are inactive.

A large number of clients are “on file” in the bank ( a large number of creditors), also makes it almost impossible to carry out collection within the framework of enforcement proceedings. In order to obtain the required documents through a representative, a power of attorney is prepared for the bank.
Entity has the right to issue a power of attorney in simple written form. Individual must issue a power of attorney through a notary. The power of attorney to the bank must have the following necessary details 1.

Sample application to the bank for a writ of execution

A package of documents consisting of an application, a copy of the court decision and a writ of execution is transferred to the bank or accounting department of the enterprise where the defendant works. In the absence of information, it is more advisable to give the initiative to the bailiff service. At any time, the process of forced debt collection can be terminated at the request of the applicant.

For example, when reaching an agreement with the debtor on the payment of money. And the process can also be resumed. Enforcing a court decision can be more difficult than winning a case.

One of the effective tools for putting pressure on a debtor is open enforcement proceedings.

Application for acceptance of a writ of execution for execution

• If the package of documents is handed over by the plaintiff’s authorized representative, authorized to act on his behalf, a power of attorney for the presentation of a writ of execution to the bank is attached to the papers - sample.
• The accuracy of the materials and the official conclusion is checked for falsification; at the slightest suspicion of unreliability, the documents are immediately returned to the plaintiff or representative.
• The papers accepted into the case are recorded in the journal.
• Petitions in the presence of the plaintiff or representative are signed, marked, indicating the date of receipt and stamped.
• The original document and a copy of the petition remain at the place where the procedure is performed, the other is transferred to the claimant or the authorized representative.
• The institution, during the working day, compiles the collection order, writes off the money and transfers the funds to the plaintiff’s account in accordance with Art.

Power of attorney to the bank to return the writ of execution