What is the limitation period for enforcement proceedings?

"Sue" - this phrase can often be heard in the event of various property disputes. Most people in the mind have a certain cliche. They think that the court is a guaranteed source of money back: alimony, economic debts, loans and much more. But they forget or do not know one legal concept: the statute of limitations for executive production. There are situations when it is impossible to recover a debt in court. Of course, many consider such a rule unfair, especially lenders. However, this is the law. What is the statute of limitations for enforcement proceedings? How is it determined and from what point is it counted? This will be discussed in this article.

The concept of

The statute of limitations for enforcement proceedings does not need to be equated with the term limitation period. These are different things, despite the proximity of the name. Let's analyze the differences.

The limitation period is the time that is given to file claims in a court after a certain situation. For example, the debtor took a certain amount of money and did not return it in time. The Civil Code determines that the creditor has the right to apply to the court. However, if he does not do this in the next three years from the moment when he was not returned a debt, then the court can refuse him the demands. Of course, this will need to be done at the request of the defendant, but this is nuances. The main idea is that the creditor can not wait, say, ten years, and then decide to sue. He has the right to sue for a certain time. This is called the limitation period. In each case, it is different. For example, when a staff member leaves an enterprise, they only have one month to challenge this decision, even if it was indeed illegal. The court will not even consider this issue if more than a month has passed. Ignorance of the law is not an excuse. Of course, there are nuances in restoring the right to serve, but this is a completely different topic.

The statute of limitations for enforcement proceedings is the time when the court has already taken place. The majority thinks that after him the debtor will hide from the bailiffs all his life until he finally settles. After all, the court decision is binding for execution. However, this is not entirely true. We will analyze the statute of limitations for the execution of a loan. This issue is topical today, as a lot of court decisions were made recently, and the bailiff service was literally filled up with executive sheets. About this in more detail.

Court on the loan, can I not pay?

The law obliges debtors to pay creditors. However, there is a statute of limitations for the enforcement of a loan. He is three years old. However, the main error is committed by citizens in determining it. Here everything depends on whether the debtor received the writ of execution in his hands. If not, then the countdown is slightly different. Let us consider these two cases.

The Executive List has not been delivered

Suppose that a person took a loan from a bank and did not return it. The latter went to court and won the case. In this case, he is given a writ of execution. Within three years it is necessary to hand it to the debtor. However, one must understand that this is not yet the statute of limitations for the executive production of bailiffs. If within three years the debtor is not served the writ of execution, then we can consider that he was forgiven. Repeated resort to the court is impossible in this case.

Personal delivery of the sheet is required

It must be understood that the writ of execution must be handed in personally. This also applies to the marking of the mail correspondence of the registered letter. If it is, and the debtor is not found, then it is considered that the enforcement sheet has been received. All claims in this case should be sent to the postal service. It is important to know that notification by phone or by e-mail is not allowed.

The executive list was given

If the writ of execution is still served, then the creditor applies to the bailiff service. Based on this, production is started. In the Federal Law "On Enforcement Proceedings" all these moments are described in detail. The bailiffs are given 2 months to carry out measures to collect the debt: blocking of bank cards, seizure of property, etc. This is the limitation period for executive proceedings (credit). The issue of the effectiveness of the service, of course, is still controversial. There are cases when the debtor did not even hide from them. He lived at his own address, had property, kept all official salary on bank cards. However, we will not analyze the effectiveness of bailiffs.

The executive sheet is returned to the creditor on the following grounds:

• The debtor has no property;
• The debtor can not find;
• The collector (the bank) refuses to retain the seized property.

Final write-off?

If the bailiffs returned the writ to the creditor with an appropriate note, this does not mean for the debtor that everything has ended. Drinking champagne is still too early for him, and the recoverer should not despair. After the return of the sheet must pass another three years.

A little run around

Model the situation to understand the overall picture. The person stopped paying the debts in March 2016. Within three years there is the right to sue the creditor. Suppose he filed in February 2019, the trial took place in June. Now the creditor has three years to hand over the writ of execution to the debtor. He sends it by registered mail in March 2022. The fact of receiving it does not matter. After that, he addresses the executive bailiffs. Six months later he receives an answer that there is no way to collect a debt. Recall that we have September 2022. And only after September 2025 the debtor can rejoice that he was forgiven. Long it or not, everyone decides for himself.

If the creditor again appeals to the bailiffs within three years after the return of the writ of execution, the term is interrupted. Everything happens anew. This can last indefinitely. It is true or not, but this is the law that determines the statute of limitations for enforcement proceedings in Russia. We will analyze other situations connected with this concept.

Statute of limitations for enforcement proceedings: fine of the State Traffic Safety Inspectorate

The statute of limitations on fines of the State Traffic Safety Inspectorate is the time for execution of the decision on the imposition of an administrative penalty. It is one year from the date of the decision (art. 31.9 of the Code of Administrative Offenses). However, if the driver violated the rule, then the employees have only two months to initiate administrative proceedings. This happens very rarely. Basically, you can be sure that in case of violation of traffic rules this will not be left without attention. From the traffic police require results, the so-called "plan of attraction." Therefore, one can be sure that they will have time to conduct all the relevant procedures within two months.

Do not forget that in the event of a repeated stop, the driver is "punched" through the base for unpaid fines. In the case of such traffic police officers can attract a defaulter under Article 20.25 of the Code of Administrative Offenses. This will lead to a new penalty in a double amount from the previous one. Also, employees can apply arrest up to 15 days.

Non-payment of alimony

The statute of limitations on enforcement proceedings for alimony worries many in our country. Duty to children we have one of the most voluminous. The statute of limitations is absent. Alienschiki - a headache for bailiffs. They "hang" in the database constantly. They constantly have to do countdowns.

The obligation to pay alimony comes after the statement of claim to the court. Therefore, simultaneously with the divorce, you must immediately write such a petition. Mothers naively believe that alimony begins to "drip" automatically. In exceptional cases, the court charges the former spouse for the previous three years, but no more. You can not come to court after 10 years and demand child support for all the time.

In the event of the debtor's death, his debt fixed at the time of death is transferred to the heirs. That is, he passes from the category of "family" to "civil". The ex-wife of the testator has the right to demand debt from heirs. This is the position of the RF Supreme Court. However, do not forget that now the debt is regulated by the rules that we have already described for loan agreements. Ignorance of this rule is sometimes expensive for citizens. They think that if the heir has been recognized as an alimony debt, then one can also hope for lifelong work of the bailiffs in relation to the new person. This is based on the position of the Supreme Court of the Russian Federation, which was reflected in the review of judicial practice for the third quarter of 2016.

The statute of limitations for the enforcement proceedings in a criminal case

As for criminal cases, many people often make mistakes in determining the branch of law. For example, a person has committed theft, caused damage to the victim. For this he was sentenced to imprisonment. However, it is worth explaining that the act of taking things off is a criminal act, and the damage relates to civil law. Putting a measure of restraint on the court with payment of damage means that the punishment was immediately applied to the convict from two branches of law: criminal and civil. Here everything depends on the concrete case. Each dispute is purely individual. As for the damage to life and health, there is no statute of limitations.