Cases of refusal to grant installments and delay the execution of the decision. In what cases the court gives installment of debts

Not all citizens who failed to fulfill their obligations are malicious non-payers. Sometimes circumstances lead to debt. If a judgment has been issued to enforce the collection of a debt, enforcement proceedings, a person can ask for an installment payment. To do this, you need to make an application. The document must be properly formatted. If the paper does not contain a list of mandatory information, it will be rejected. Therefore, it is better to understand in advance the features of the preparation of the document.

What is an installment decision

The installment plan for the execution of a decision implies the possibility of fulfilling the requirements contained in the writ of execution, in parts. Calculation of liabilities is staged. The term is set by the court. To take advantage of the installment plan, you must prepare an application. The appeal is filed with the court.

In order for the request to be granted, there must be a good reason. The basis may be the difficult financial situation of the defendant, which does not allow him to repay obligations at a time. It is important that there are conditions that make it possible to deposit funds in installments. Monthly repayment allowed.

Having received an application with a request for an installment plan, the court will try to find a balance between the interests of the debtor and the recoverer. Debt repayment must be made in reasonable time. An installment plan lasting 1-1.5 years is practically not used. The maximum term is 1.5 years. The judge has the right to reduce the requested period.

An example of an application for an installment decision

AT current legislation there is no strict form of the document. A citizen can make an application arbitrarily. However, the court will refuse to consider the appeal if the form does not contain mandatory information. After reviewing the document, the representative of the instance must immediately understand who is applying to him, in what proceedings and on what grounds.

You can't make mistakes. If they are present, the application must be rewritten. The presence of strikethroughs is prohibited. Such an application will be rejected without consideration. You can not deviate from the essence of the matter, preparing an appeal. Emotional coloring of the text is unacceptable. It is necessary to state the data strictly on the merits. To minimize the risk of errors, it is better to study a ready-made example. You can get to know him here.

Sample application for installment execution of a court decision

When filling out the application, please include the following information:

title judicial district, to which the application is sent, and the location of the instance;
information about the participants in the proceedings - full name, place of residence, data for operational communication;
information about the decision of the court, which is the basis for the collection of debt;
description of the current situation;
the request being made; the list of annexes;
date of application and signature.

How to write an application for the installment execution of a court decision

The document is prepared in free form according to the model. The form will need to include information about the applicant, the court decision and the grounds for granting a delay. You can mention the difficult financial situation. To do this, you will need to enter your average monthly income and expenses. When calculating the amount, it is better to take into account the average income for the year.

In practice, incomes can significantly decrease in recent times. In this case, the amount is reflected taking into account the adjustments that have occurred. Additionally, it is worth indicating the presence of dependents on the content. They can be elderly parents or minor children.

It is not necessary to justify the requirement for the provision of installments by the presence of a large number of obligations on loans or other executive documents. The court will not give preference to one creditor over another.

What documents are needed for installment

The application must be supplemented with a package of documents. The list must include papers confirming that the person will be able to fulfill the obligations assumed within the requested time frame. The list can include:

income statement;
real estate lease agreement indicating monthly payments;
a certificate from the Pension Fund of the Russian Federation on the amount of the pension;
payment documents confirming that the person will be able to fulfill obligations.

Additionally, it is recommended to provide evidence. You can include a birth certificate or a custody order. Additionally, the correctness will be proved by the presence of checks for payment for expensive treatment and other papers.

The exact list of documents is not fixed anywhere. It is necessary to proceed from the specifics of a particular situation. Expenses for food, clothing and other daily needs should not be confirmed. The above costs are justified by the notion of “ living wage". It is only necessary to demonstrate the additional costs that arise depending on the specifics of a particular situation.

Applications for postponement and installment of a court decision - what is the difference

The concepts of installment and deferment are consonant. Therefore, they are often confused. However, in reality they are fundamentally different from each other. A postponement is a kind of postponing of a decision to a later date than the one that was originally determined by the judicial act. If a we are talking on payment by installments, the person acquires the right to execute the judgment in installments. The action is performed within a certain period. It is also fixed by the court.

If we analyze the differences between the concepts, it turns out that during the installment plan, the execution of the decision is not completely suspended. Only the order in which the actions are carried out changes. By submitting an application, a person has the right to ask to repay the debt according to a certain schedule. The method can be applied only to property that has generic characteristics, that is, obligations, the calculation of which is permissible in parts.

Both measures are applied only in situations where there are grounds for this. The applicant is obliged to provide evidence to the court confirming the exclusivity of the situation.

How to write an application to the court for payment in installments?

As mentioned earlier, there is no strict application form. However, it must contain a number of mandatory elements. In addition to the standard information already mentioned above, it is important to reflect the grounds for granting installments. As a reason, you can write:

difficult financial situation;
large loss of property as a result of an accident, theft, flooding of the apartment and other things;
the presence of dependents;
the need for expensive treatment.

All grounds must be documented.

Sample letter to court

There are no strict requirements for paperwork. Therefore, it is acceptable to use a template. It is important to understand that the application is in the nature of a petition. It is sent after the entry into force of the verdict.

How to apply for an installment decision

Submission of an application does not require the payment of a state fee. The document does not contain monetary requirements. It involves dividing payments into more comfortable amounts. There are three classic ways to file documents with the court:

During a personal visit. You need to have a ready package of documents and an identity card with you. The paper is submitted to the office of the organization that dealt with the initial consideration of the case.
By mail. Documents must be sent by registered mail with a list of attachments. The date of acceptance is considered the moment of receipt of the shipment by the court.
Through a representative. If a third party acts on behalf of the applicant, a power of attorney is required.

Drawing up and consideration of an application for the installment execution of the decision

All persons involved in the case can submit a petition for installments. The process of interaction with the authorized body is carried out according to the following scheme:

The citizen draws up a petition for the provision of installments and submits the papers to the court.
The office staff will carefully review the documentation for errors. If they are missing, the application will be considered.
The court will notify the defendants in the case. To do this, they will be sent a summons. The papers will reflect the date and time of the meeting, during which the application will be considered. However, if the interested parties do not come, this will not be an obstacle to making a decision.
A verdict is issued. If the court satisfies the requirements, the person will be able to make payments according to the approved schedule. The new scheme for repayment of obligations is applied after the entry into force of the court decision.

If the authorized body refused to satisfy the petition, it is permissible to send a complaint to a higher authority.

Consideration by the court of the issue of an installment decision

When making a decision, the court is guided by the provisions of Article 37 of the Federal Law “On Enforcement Proceedings”. AT legal act It states that satisfaction of requirements is possible if there are good reasons. However, they are not listed. This gives the court the power to make its own decision.

Legislative level. Installment plan in Russia

In Russia, the installment plan is used quite widely. Moreover, it is used not only within litigation and enforcement of debt collection. Sometimes it is used in the process of drawing up a contract of sale. The possibility of using the method is actually provided for in Article 489 of the Civil Code of the Russian Federation. The regulation states that the parties can draw up a loan agreement with installment payments. Additionally, the Civil Code provides a large number of legal aspects of such an agreement and describes the moment of its conclusion.

From legal act it turns out that installment can be considered as two options - the form of purchase and the state of payments. Similar varieties are found in lending. So, the debtor has a need to make a payment, but for some reason life circumstances cannot perform the action. In this case, the financial institution, at its discretion, agrees to installment payment. The debtor has the right to independently apply for such a benefit. To do this, you will need to draw up an application and submit it to the authorized body.

Installment - features

Installment involves the gradual provision of debt in in full. Making differentiated payments allows you to gradually give the entire amount you need. In fact, installment is a loan. The end of closing obligations occurs at the moment when the debtor makes the last installment.

Like an annoying alarm clock, I inexorably count down the time. Last day of summer vacation. I hope you had a good rest, and tomorrow you will join the old rhythm with renewed vigor. And today I have for you latest article from the cycle What does jurisprudence say about installments and deferrals».

And, probably the same as the last day of vacation, today's article will be boring and unpleasant. If you remember, I didn't promise you that it would be easy. Protecting your rights and legitimate interests is a difficult and serious job. You have to give 200 percent to get what you want. But, nevertheless, your desire may still not be enough. Yes, mistakes happen here too, and even the most solid and reliable defense sometimes collapses under the onslaught of the enemy.

I already mentioned earlier, in my opinion in an installment article, that not everyone will get such joy. Many will be able to delay or delay the execution of their court decision, but not all. And it's not even about insidious laws and bloodthirsty bankers. It all depends on the case, and on your specific life situation. Yes, everyone wants installments, but are they worthy? That's the main question.

So that's what I'm talking about. Today I will give you examples judicial practice, for cases when the debtors did not have enough grounds to receive a deferral or installment plan. When the debtors seemed to try, but did not reach the coveted ruling of the court. In general, today I will describe to you the most obvious grounds for refusing to provide an installment plan (deferment) to debtors.

By the way, I wrote a whole book on the topic of getting installments and deferrals. For more information and to purchase the book, please click on the picture below:

1. The debtor does not have a job, but at the same time is able to work (not disabled, not sick, has no work ban, and so on).

2. The debtor has too low income, and there is not enough money for all needs.

3. The presence of a minor child as a dependent is a rather weak argument, and in itself it will not be convincing for the court.

4. The circumstances cited by the debtor are not exceptional (childcare, lack of work, difficult financial situation, and so on);

5. The debtor has other debt obligations;

6. Debtor installs unjustifiably long term for installments;

7. The debtor establishes an insignificant (small) monthly payment by installments;

8. The debtor does not support his arguments with real evidence (written, oral, testimonies of witnesses, and so on). The court does not believe in anyone's word.

There may be other reasons as well. Read all the examples carefully, and you will get a certain picture of how NOT to write applications. And, now let's go examples.

Example #1

Cassation definition of Yaroslavsky regional court February 6, 2012 in case No. 33-593

By the decision of the Rybinsk City Court of the Yaroslavl Region dated October 11, 2010, they were recovered in solidarity with Ch., M.S. in favor of JSC "Yarsotsbank" debt under loan agreement N dated 04.08.2008: loan debt in the amount of .... rub. …. kop., debt on payment of interest for the use of the loan for the period from 30.09.2009 to 11.08.2010 in the amount of …. rub. …. kop., penalty in the amount of .... rub., in reimbursement of expenses for the payment of the state fee - .... rub. …. cop.

Ch., M.S. appealed to the court with an application for an installment plan for the execution of the court decision, referring to the difficult financial situation, asked to provide an installment plan for the execution of the court decision on the terms of repayment in solidarity by .... rubles monthly for three years.

According to judicial board, the circumstances referred to by Ch. and M.S. in the application for the granting of an extension of the execution of the judgment cannot be considered exceptional.

As follows from the case, M.S., DD.MM.YYYY, is an able-bodied person, therefore, his arguments about the extension of the execution of the court decision with reference to the fact that he is currently unemployed cannot be the basis for the extension of execution court order.

The arguments of Ch., DD.MM.YYYY, on granting an installment plan for the execution of the judgment, with reference to the fact that her monthly income, as individual entrepreneur, is .... rubles per month, are not, in the opinion of the Judicial Board, exceptional circumstances indicating the need for an installment execution of the judgment.

In addition, from the moment the decision was made, the applicants, as of November 14, 2011, repaid the debt in the amount of .... rubles. Payments were made irregularly, with interruptions: 11/19/2010 - .... rub., 01/14/2011 - .... rub., 02/08/2011 - .... rub., 02/16/2011 - .... rub., 06/23/2011 - .... rub. That is, the debtors do not make monthly payments even in the amount in which they ask for the delay in the execution of the decision.

The fact that Ch. has a minor child as a dependent is not in itself grounds for granting an installment plan for the execution of the judgment.

Under the established circumstances, the court found no grounds to satisfy the debtors' application for an extension of the execution of the court decision.

Example #2

Appeal ruling of the Trans-Baikal Regional Court dated July 16, 2013 in case No. 33-2509-2013

S.L.A. applied to the court with a statement in which she asked to provide her with an installment plan by executing a court decision in installments<данные изъяты>monthly for a period of 60 months, referring to the difficult financial situation.

Granting an installment plan for the execution of a court decision is an exceptional measure, the grounds for its granting should arise in case of serious obstacles to the performance of enforcement actions.

The question of the presence of these circumstances must be assessed and decided by the court in each specific case, based on the general legal principle of justice and taking into account the fact that the enforcement of a court decision that has entered into legal force must be carried out on the basis of proportionality and proportionality, so that a balance of rights and legitimate interests of creditors and debtors. The possible installment plan must be adequate and not affect the substance constitutional rights participants in enforcement proceedings.

At the same time, the court is obliged to evaluate all the arguments presented by the debtor about the need to delay the execution of the court decision, the objections of the recoverer regarding such an installment plan, according to its internal conviction, based on a comprehensive, complete, objective and direct study of them.

The circumstances indicated by the applicant about the severe financial position, in particular, caring for a family member, lack of work, credit obligations, cannot serve as a basis for granting an installment plan for the execution of a court decision. By themselves, these circumstances, as a basis for granting an installment plan, are not truly exceptional and do not create serious obstacles to the performance of enforcement actions.

In addition, the case file does not indicate that the financial situation of C.L.A. will improve significantly in the future.

Thus, the procedure proposed by the defendant for the payment of funds (for a period of 60 months with the payment of debt under<данные изъяты>per month) will clearly violate the rights and legitimate interests the plaintiff, since it can delay the real execution of the judgment for a long time.

The result - in the provision of installments - to refuse.

Example #3

Appeal ruling of the Smolensk Regional Court dated July 16, 2013 in case No. 33-3037/2013

On May 6, 2013, O. applied to the court for a deferral of execution of the court decision.

In support of her application for the postponement of the execution of the court decision, O. refers to the fact that she is in a difficult financial situation, this moment she has debentures before individuals(before FULL NAME1, FULL NAME2).

However, the court concluded that the arguments presented by the applicant O. could not serve as a basis for postponing the execution of the decision, since otherwise it would be contrary to federal law on the basis of which the decision in the present case was made. Postponement of the execution of the decision in this case lead to further violations of the rights of the claimant.

When resolving the issue of postponing the execution of a court decision, the court must proceed from the principles of expediency and the need to protect, first of all, the interests of the claimant, whose rights are confirmed by a judicial act.

The argument of the applicant O. about the difficult financial situation cannot be the basis for granting a delay in the execution of the decision, since such a delay will entail a significant violation of the rights of the recoverer to execution judicial act. In addition, in her statement, O. did not indicate when her financial situation would improve, and did not provide the court with evidence confirming that she had taken real measures to raise the necessary funds for the execution of the judicial act, which indicates that the debtor would soon does not intend to execute the court decision that has entered into legal force in the absence of good reasons for this.

Conversely, the court took into account the arguments of the bank, according to which the inability of the debtor to execute the court decision in full at a time does not exclude the possibility of the execution of the court decision in the course of enforcement measures.

Based on the results of consideration of the application, the debtor was denied the provision of installments.

Example #4

Appeal ruling of the Pskov Regional Court dated June 18, 2013 in case No. 33-1036

Debtor F. applied to the court for an extension of the execution of the court decision with payment of *** rubles per month until the debt was fully repaid.

AT court session F. asked for an installment plan for a period of *** years with minimum monthly payments of *** rubles, explaining that he was not able to pay the entire amount of the debt at a time, since he was temporarily unemployed, had no income, he had dependents two minor children. Currently, he got a job and began to voluntarily repay the loan.

However, as the court pointed out, within the meaning of the above procedural rules(Articles 434 and 203 of the Code of Civil Procedure of the Russian Federation) the provision of installments must be due to serious circumstances that really complicate the execution of a court decision, which cannot be limited to foreclosure on wages and other income of a debtor-citizen.

Thus, the case materials confirmed that the fulfillment of F.'s obligations under loan agreement N dated *** years was secured by a pledge of a car for the purchase of which this loan was granted, in connection with which, Sovetsky Bank CJSC has a preemptive right to levy execution on this property.

In addition, the court was not presented with evidence of the debtor's placement in a specific position and income that would allow making monthly payments in the amount of *** rubles, and a one-time payment of *** rubles does not indicate that the debtor has such an opportunity.

In connection with the foregoing, the court did not find circumstances hindering the execution of the judgment, which could be the basis for granting an installment plan for its execution. The debtor was refused.

Example #5

M.S. turned to Buzuluk district court with a statement on the installment execution of the court decision for 60 months, with a monthly payment of *** RUB.

The statement was motivated by the fact that at present his property status does not allow him to pay the amount awarded by the court at a time, since entrepreneurial activity he does not carry out wage is *** rubles, the spouse's income is *** rubles. per month. They are dependent on five minor children, including two wards, in addition, an adult daughter, a disabled person of the *** group, lives with him. Monthly payments on a mortgage loan taken for the purchase of a residential building amount to *** rubles, utility bills - *** rubles.

When resolving the issue of postponing the execution of a court decision, it is necessary to proceed from the principles of expediency and the need to protect, first of all, the interests of the claimant, whose rights are confirmed by a judicial act.

The Judicial Board believes that the declared M.S. the installment plan for the execution of a court decision, taking into account its duration (5 years) and an insignificant amount of monthly payments (*** rubles), does not meet the specified criteria, therefore, he was reasonably refused to provide the specified installment plan for the execution of the court decision, about any other deadline for the execution of the decision court and another amount of the monthly payment of M.S. not stated.

Example #6

Appeal ruling of the Pskov Regional Court dated June 25, 2013 in case No. 33-1080/2013

G. applied to the court for an installment plan for a period of 3 years from monthly payment for *** rubles execution decision Velikolukskogo City Court dated November 6, 2012, which from him in favor of CJSC Bank «Sovetsky» collected debt under loan agreement N *** from *** year in the amount of *** RUB. *** kop., as well as payment costs state duty in the amount of *** rub. *** kop., total *** rub. *** cop.

In support of the application, he referred to the difficult financial situation due to lack of employment at the present time, as well as the inability to pay off the debt at the expense of property due to the lack thereof.

Since the entry into force of the decision of the Velikoluksky City Court, in respect of which the question of installment payment was raised, that is, from December 7, 2012, no payments have been made to repay the debt to Bank G..

At the same time, when applying to the court with such a statement, the debtor G. did not provide any evidence indicating a difficult financial situation and the absence of property at the expense of which the decision could be enforced.

Offering a monthly debt repayment in the amount of *** rubles and referring to the lack of work, he did not indicate the source from which the implementation of his proposal is possible.

Subject to non-documentation financial insolvency, lack of property, due to which it is possible to reimburse the bank for the amount collected in its favor, based on expired non-execution of the court decision and the debtor’s failure to take any measures to enforce it, G.’s economically unsupported proposal, the court came to a reasonable conclusion that there were no grounds for granting an installment plan in the proposed version, as depriving Sovetsky Bank CJSC of the opportunity to recover the guaranteed court decision cash within a reasonable time and violating the rights of the claimant.

I end with this. I told all the conclusions and moral of the story at the beginning of the article. I wish you good luck in your endeavors. By the way, tomorrow I will publish a mega useful article for guarantors against whom enforcement proceedings have already been initiated. You will learn how to solve all your debt problems and even make some money from it. Just the other day, I mastered a new scheme for legally getting rid of debts. Subscribe to my newsletter and you will be happy (link under the article).

After the commencement of enforcement proceedings, the borrower is given five days to voluntarily repay the debt. But in practice, it is extremely difficult to fulfill the requirements of the court in such a short period of time, so one of the options for solving the problem is to obtain an installment plan for the court debt.

Installment terms

Despite the fact that bailiffs are engaged in collecting debts on a writ of execution, an application for an installment plan is sent to the court. The application consideration time ranges from several weeks to several months, and the maximum installment period in most cases does not exceed one and a half years. In addition, the borrower may submit to the court for consideration a repayment schedule that is acceptable to him.

Disputing debt through court

The borrower may challenge the claims of the lender by filing an objection within 14 days of the date of the judgment. To do this, you must specify the reasons for the objection:

erroneously accrued loan debt;
incorrectly specified data in the claim by the bank;
illegal activities by the creditor.

The application must be supplemented by documents confirming the legitimacy of the objection: checks and receipts for payment, references to laws and legal regulations violated by the creditor, etc. The application form can be downloaded free of charge from the FSSP website.

Why do you need an installment plan for arrears?

An installment plan for fulfilling the requirements of a writ of execution is necessary in order to avoid confiscation of property or seizure of bank accounts. Such actions are under the authority bailiffs according to the article of the Federal Law No. 118. The appropriateness of its use in a particular case is determined by the court and the borrower himself. For example, if the borrower does not own liquid property, bank accounts and assets that bailiffs can seize, he may not apply for installments, then the amount of debt will be recovered from his official salary.

If the creditor's application is sent to the court after three years from the date of the delay, the borrower can challenge the legality of the claim in court, since it has expired limitation period. According to Article 196 of the Civil Code of the Russian Federation, the limitation period is 3–10 years, depending on the type of debt obligations, after which the creditor cannot recover the debt through the courts. The condition for its validity is the absence of loan payments, contacts between the client and representatives of the bank, MFI or collection company for 3 years. In reality, such conditions are extremely rarely met, while in most cases banks either transfer debt to collectors or file legal action against the defaulter. Therefore, the best solution to the problem is settlement agreement between the parties to the dispute.

Settlement agreement with the creditor

Banks are reluctant to conclude a settlement agreement, but if an alternative to it is judicial recovery debt, the likelihood of an agreement increases dramatically. As part of the agreement, the borrower can achieve a change in the repayment schedule, a reduction in interest, or even write-off of part of the debt.

Provides that the parties make mutual concessions in relation to the obligations existing between them in order to overcome the uncertainty regarding the requirements arising from these obligations, to ensure their execution or the cancellation of an existing dispute. In order to conclude a settlement agreement, the plaintiff's (creditor's) application to waive the claim and acknowledge the terms of the new agreements is required, which is entered into court record. Based on this, the court may suspend enforcement proceedings or reject the claimant's application and continue consideration of the case on the merits.

Installment execution of a court decision is a fairly common phenomenon that literally every one of you may encounter. Our article will help to understand this matter.

Definition

An installment plan for the execution of a court decision is a regulatory document that allows you to postpone the fulfillment of the requirements specified in the writ of execution to a later date.

This means that the decision of the court will be executed in parts within a certain time. At the same time, the size of the obligation remains unchanged - only the method and period of execution change (there may be several of the latter).

General provisions this concept considered in Article 203 of the Code of Civil Procedure of the Russian Federation and Article 324 of the Arbitration Procedure Code of the Russian Federation.

Example. By decision of the court defendant Ivanov A.A. obliged to pay the claimant Petrov The.The. 50 thousand rubles. Due to the difficult financial situation, Ivanov is not able to pay the entire amount at once, but he can pay it in equal installments (for example, monthly). In this case, any delay in payment may become the basis for the plaintiff to apply for the cancellation of the installment plan.

Clear grounds for postponing the execution of a court decision are not spelled out in any normative document Code of Civil Procedure, therefore, the main criterion for their determination are insurmountable obstacles that make it impossible to enforce a judicial act.

In the definition given Constitutional Court Russian Federation On April 18, 2006 (No. 104-O), it was said that the installment plan should be of an exceptional nature and be provided only if there are serious obstacles to the implementation of enforcement actions.

Granting an installment plan is not an obligation, but a right of the court. The question of the presence or absence of these circumstances is assessed by the court on an individual basis.

This takes into account the following points:

Property and financial position of the party.
Other serious reasons indicating the need to provide installments:

prolonged illness of the debtor or members of his family;
the need to repay loans;
the need for surgery or expensive treatment;
the absence of the debtor at the place of execution of the decision.

With the exception of the last subparagraph, any of these arguments may give rise to a suspension of the sentence in a criminal case.

If the debtor does not have the funds necessary to enforce the judgment, the bailiff has the right to foreclose on any tangible property.

The facts cited as the basis for obtaining an installment plan must have documentary evidence (certificate of wages, sick leave, medical reports, case histories, bank statements, etc.). There should be no doubt about the authenticity of the documents!

The final decision is made only after a thorough study of all the evidence and papers provided. This takes into account the interests of both the debtor and the creditor, who can also submit his arguments to the court.

The deadline for consideration of an application for the provision of installments is not established by law.

The installment application is not subject to state duty. The presence of the parties for consideration of the application is not obligatory, but the presence of the debtor is considered desirable - this will give him the opportunity to state his position orally.

Permissible installment terms

How long is the delay in the execution of the court decision? The duration of this period is determined individually, taking into account the wishes, requirements and objections of the defendant and the plaintiff. The main thing is that it suits each of the parties.

The time frame itself can be limited not only to a specific date, but also to the occurrence of an event. In addition, the court may appoint several terms during which the debtor will have to fulfill his obligations.

The decision made must be indicated in the ruling of the court.. If we take as a basis the statistical data collected for 2020, the maximum installment period is from 1 to 1.5 years. Large time frames are extremely rare.

An application for granting an installment plan for the execution of a court decision may be filed at any time before the expiration of the enforcement decision (both before the initiation of enforcement proceedings and after it).

At the same time, neither the Federal Law "On Enforcement Proceedings" nor the Code of Civil Procedure of the Russian Federation prohibits filing an application before the entry into force of a judicial act. However, you should not rush - there is a high probability that you will simply be refused.

The only exceptions are cases where the judgment is subject to immediate execution.. In such situations, you can apply for an installment plan before the court decision enters into legal force.

The installment application is written in free form and contains the following information:

In which court is an application for an installment of execution of a judgment filed? Such documents are sent to the body that made the earlier decision.

This can be done in 2 ways - by sending documents by registered mail with a list of attachments or by personally handing them over to the court office.

Upon receipt of the application Judicial authority appoints the date of the meeting and sends relevant notices to each interested person.

If a positive decision is made, the applicant receives a determination, which is transferred to the bailiff.

According to Article 434 of the Code of Civil Procedure of the Russian Federation, questions about the installment plan enforcement, changing the method and procedure for payments, as well as indexing the amounts awarded, can be raised by both the debtor and the recoverer or bailiff.

Judicial practice shows that the following mistakes of applicants lead to a refusal to installment plans:

As arguments, it is best to cite a decrease in average monthly income, accompanied by an increase in special expenses (in this case, one should attach sales receipts, order establishing guardianship, etc.).

What should I do if I was denied an extension of the execution of the court decision? In this case, there are 2 scenarios:

Appealing the verdict to higher authorities - for this it is enough to file a complaint against the court ruling. This can be done within 15 days.
Re-applying - You can re-apply any number of times. procedural law does not contain any restrictions on this matter. However, enforcement proceedings will not stop this step.

When applying re-application it is necessary to eliminate all existing shortcomings - this will significantly increase the chances of success. It should also be noted that not only the debtor, but also the plaintiff has the right to appeal the court decision.

Now you know what the installment of the execution of the court is, and you will be able to protect your interests in the event of a dispute.

Like an annoying alarm clock, I inexorably count down the time. Last day of summer vacation. I hope you had a good rest, and tomorrow you will join the old rhythm with renewed vigor. And today I have for you the last article from the series " What does the jurisprudence say?».

I have already mentioned earlier, in my opinion, that not everyone will get such joy. Many will be able to delay or delay the execution of their court decision, but not all. And it's not even about insidious laws and bloodthirsty bankers. It all depends on the case, and on your specific life situation. Yes, everyone wants installments, but are they worthy? That's the main question.

So that's what I'm talking about. Today I will give you examples of judicial practice, for cases when the debtors did not have enough grounds to receive a deferral or installment plan. When the debtors seemed to try, but did not reach the coveted ruling of the court. In general, today I will describe to you the most obvious grounds for refusing to provide an installment plan (deferment) to debtors.

By the way, I wrote a whole book on the topic of getting installments and deferrals. For more information and to purchase the book, please click on the picture below:

1. The debtor does not have a job, but at the same time is able to work (not disabled, not sick, has no work ban, and so on).

2. The debtor has too low income, and there is not enough money for all needs.

3. The presence of a minor child as a dependent is a rather weak argument, and in itself it will not be convincing for the court.

4. The circumstances cited by the debtor are not exceptional (childcare, lack of work, difficult financial situation, and so on);

5. The debtor has other debt obligations;

6. The debtor sets an unreasonably long period for the installment plan;

7. The debtor establishes an insignificant (small) monthly installment payment;

8. The debtor does not support his arguments with real evidence (written, oral, testimonies of witnesses, and so on). The court does not believe in anyone's word.

There may be other reasons as well. Read all the examples carefully, and you will get a certain picture of how NOT to write applications. And, now let's go examples.

Example #1

Cassation ruling of the Yaroslavl Regional Court dated February 6, 2012 in case No. 33-593

According to the panel of judges, the circumstances referred to by Ch. and M.S. in the application for the granting of an extension of the execution of the judgment cannot be considered exceptional.

As follows from the case, M.S., DD.MM.YYYY, is an able-bodied person, therefore his arguments about the extension of the execution of the court decision with reference to the fact that he is currently unemployed cannot be the basis for the extension of the execution of the court decision. resolutions.

The arguments of Ch., DD.MM.YYYY, on granting an installment plan for the execution of the court order, with reference to the fact that her monthly income, as an individual entrepreneur, is .... rubles per month, are not, in the opinion of the Judicial Board, exceptional circumstances indicating the need for an installment execution of the judgment.

The fact that Ch. has a minor child as a dependent is not in itself grounds for granting an installment plan for the execution of the judgment.

Under the established circumstances, the court found no grounds to satisfy the debtors' application for an extension of the execution of the court decision.

Example #2

Appeal ruling of the Trans-Baikal Regional Court dated July 16, 2013 in case No. 33-2509-2013

The question of the presence of these circumstances must be assessed and decided by the court in each specific case, based on the general legal principle of justice and taking into account the fact that the enforcement of a court decision that has entered into legal force must be carried out on the basis of proportionality and proportionality, so that a balance of rights and legitimate interests of creditors and debtors. A possible installment plan must be adequate and not affect the essence of the constitutional rights of participants in enforcement proceedings.

The circumstances indicated by the applicant about the difficult financial situation, in particular, caring for a family member, lack of work, loan obligations, cannot serve as a basis for granting an installment plan for the execution of the court decision. By themselves, these circumstances, as a basis for granting an installment plan, are not truly exceptional and do not create serious obstacles to the performance of enforcement actions.

In addition, the case file does not indicate that the financial situation of C.L.A. will improve significantly in the future.

Thus, the procedure proposed by the defendant for the payment of funds (for a period of 60 months with the payment of debt under<данные изъяты>per month) will clearly violate the rights and legitimate interests of the plaintiff, since it can delay the real execution of the judgment for a long time.

The result - in the provision of installments - to refuse.

Example #3

Appeal ruling of the Smolensk Regional Court dated July 16, 2013 in case No. 33-3037/2013

On May 6, 2013, O. applied to the court for a deferral of execution of the court decision.

In support of his application for the postponement of the execution of the court decision O. refers to the fact that she is in a difficult financial situation, at the moment she has debt obligations to individuals (to FULL NAME1, FULL NAME2).

However, the court concluded that the arguments given by the applicant O. could not serve as grounds for postponing the execution of the decision, since otherwise it would be contrary to the federal legislation on the basis of which the decision in the present case was made. Postponement of the execution of the decision in this case will lead to further violations of the rights of the claimant.

The applicant O.'s argument about the difficult financial situation cannot be grounds for granting a deferral of execution of the decision, since such a delay would entail a significant violation of the claimant's rights to the execution of a judicial act. In addition, in her statement, O. did not indicate when her financial situation would improve, and did not provide the court with evidence confirming that she had taken real measures to raise the necessary funds for the execution of the judicial act, which indicates that the debtor would soon does not intend to execute the court decision that has entered into legal force in the absence of good reasons for this.

Based on the results of consideration of the application, the debtor was denied the provision of installments.

Example #4

Appeal ruling of the Pskov Regional Court dated June 18, 2013 in case No. 33-1036

Debtor F. applied to the court for an extension of the execution of the court decision with payment of *** rubles per month until the debt was fully repaid.

At the court session, F. asked for an installment plan for a period of *** years with minimum monthly payments of *** rubles, explaining that he was unable to pay the entire amount of the debt at a time, since he was temporarily unemployed, had no income, was dependent he has two minor children. Currently, he got a job and began to voluntarily repay the loan.

However, as the court pointed out, within the meaning of the above procedural rules (Articles 434 and 203 of the Code of Civil Procedure of the Russian Federation), the provision of installments should be due to serious circumstances that really complicate the execution of the court decision, which cannot be limited to foreclosure on wages and other income of the debtor - citizen.

Example #5

M.S. appealed to the Buzuluksky District Court with an application for the installment execution of the court decision for 60 months, with a monthly payment of *** RUB.

The statement was motivated by the fact that at present his property status does not allow him to make a lump sum payment of the amount awarded by the court, since he does not carry out entrepreneurial activity, his salary is *** rubles, his wife's income is *** rubles. per month. They are dependent on five minor children, including two wards, in addition, an adult daughter, a disabled person of the *** group, lives with him. Monthly payments on a mortgage loan taken for the purchase of a residential building amount to *** rubles, utility bills - *** rubles.

Example #6

Appeal ruling of the Pskov Regional Court dated June 25, 2013 in case No. 33-1080/2013

G. applied to the court for an installment plan for a period of 3 years with a monthly payment of *** rubles for the execution of the decision of the Velikoluksky City Court dated November 6, 2012, by which the debt under the loan agreement N * was collected from him in favor of Sovetsky Bank CJSC ** from *** year in the amount of *** rub. *** cop., as well as the cost of paying the state fee in the amount of *** RUB. *** kop., total *** rub. *** cop.

Offering a monthly debt repayment in the amount of *** rubles and referring to the lack of work, he did not indicate the source from which the implementation of his proposal is possible.

Taking into account the non-confirmation of financial insolvency by documents, the lack of property, at the expense of which it is possible to reimburse the bank for the amount recovered in its favor, based on the expired period of non-execution of the judgment and the debtor's failure to take any measures to enforce it, G.'s economically unsupported proposal, the court came to a reasonable conclusion on the absence of grounds for granting an installment plan in the proposed version, as depriving CJSC Bank Sovetsky of the opportunity to recover the funds guaranteed to it by a court decision within a reasonable time and violating the rights of the claimant.