Today the issue of debt repayment, as relevant to ordinary citizens as well as for entrepreneurs and companies rose most sharply. Of course, for the plaintiff, the main thing – 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 in enforcement proceedings, or official who provides the most efficient execution of judicial decisions – Bailiff (Bailiff's Service). Participation of a bailiff in court proceedings is mandatory.
The specificity of the bailiff is the enforcement of judicial decisions. To do so, 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 must be used to it by law in accordance with the law and avoid its activities in violation of 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 fit into the allotted Federal Law "On Enforcement Proceedings" for 2 months. During this time, the bailiff should have time to establish the identity of an individual – the debtor find the actual location of the entity and its assets, if necessary to organize its search and search of his property, send requests to different authorities.
All this is undoubtedly requires repeated application to the court, but in order to appeal actions or omissions of the past, aimed at tightening the impossibility of the actual execution of judicial acts. The bailiff has the right to initiate enforcement proceedings only in respect of those persons listed in the writ. By the way, on this occasion there is very few complaints. Often, when a debtor company, freeing yourself from debt repayment pleads bankruptcy or reorganization of producing, transferring all his property prior assignee. In such cases, to recover debt is difficult, because the bailiff has the right to foreclose on only property of the organization, which by law is responsible for the obligations of the debtor-organization. If the company liquidated the bailiff shall deliver the documents the executive (the executive sheet) in the liquidation commission. In most cases recoverer to begin a new trial and prove their claims made by the company to a successor. Great difficulties arise in executive proceedings, the debtor – non-residents, the debtor is located in third countries. In this case, the recovery of legitimate police officers at the location of the debtor. The bailiff in his work should guided by the law on enforcement proceedings. Of competent and timely action of the bailiff and the creditor determines the efficiency of the implementation of a judicial act.