Parties to enforcement proceedings are the debtor and the creditor. The parties can participate in enforcement proceedings in person or through their representatives.
Very often, Your organization won a court case does not mean that the court decision will be enforced. There are cases when the enforcement proceeding is conducted from one year to several years and does not lead to real enforcement of the judgment.
Oddly enough, but the conduct of enforcement proceedings against a legal entity is fairly lengthy and complex procedure.
THE TERMS OF THE ENFORCEMENT PROCESS
In accordance with the Federal Law “On enforcement proceedings” the bailiff to Institute enforcement proceedings, is obliged to give a legal person debtor, the period which may not exceed 5 days for voluntary execution of the judgment. This period usually begins to run from the day following the presentation of the debtor — legal entity of the resolution on initiation of Executive production.
The period for voluntary compliance by the judgment debtor may not be granted in the following cases:
- Administrative suspension of activity.
- The confiscation of property.
At the expiration of the period established for voluntary execution of the judgment, the bailiff has to apply measures of compulsory execution of judicial decisions.
The bailiff has the right to apply the following enforcement measures:
- To foreclose on the property of a legal entity, as well as cash and securities.
- To foreclose on the periodic payments received by a legal entity.
- To foreclose the right to receive various payments: for hire, rent.
- The seizure of the property of a legal person or from a third party.
I note that the bailiff is not entitled to apply to the debtor enforcement measures not covered by Federal law.
Services for the conduct of the case at the stage of enforcement proceedings:
- Legal advice on questions of Executive production.
- Legal assessment of the actions of bailiffs – executors.
- Obtaining information about property, money and securities.
- Representation of interests of legal entities at the stage of enforcement proceedings.
- Appeal against actions of bailiffs.