How to get a decision to terminate enforcement proceedings. Completion of enforcement proceedings

Termination of enforcement proceedings means the termination of all enforcement actions on this production without the possibility of their resumption. At the same time, the main goal of enforcement proceedings remains unachieved, and the instructions of the executive document remain unfulfilled.

An open list of grounds for terminating enforcement proceedings is given in Art. 43 of the Law "On Enforcement Proceedings".

The legislation provides for the possibility of terminating enforcement proceedings both and.

Enforcement proceedings are terminated by the court on the following grounds:

• the death of the claimant-citizen (debtor-citizen), declaring him dead, or, if the requirements or obligations established by a judicial act, act of another body or official, cannot be transferred to the successor and cannot be implemented by the trustee, the appointed body of guardianship and guardianship;
• loss of the possibility of performance obliging the debtor to perform certain actions (refrain from performing certain actions);
• refusal of the recoverer to receive the thing seized from the debtor during the execution of the executive document containing the requirement to transfer it to the recoverer;
• in other cases when the federal law provides for the termination of enforcement proceedings.

The court issues a ruling to terminate the enforcement proceedings. Such determination is subject to immediate execution.

The list of grounds for terminating enforcement proceedings by a bailiff is exhaustive and is not subject to broad interpretation.

Enforcement proceedings are terminated by the bailiff in the following cases:

1. Adoption by the court of an act on the termination of the execution of the executive document issued by it;
2. Acceptance by the court of the refusal of the recoverer from the recovery;
3. Approvals by the court between the claimant and the debtor;
4. Cancellation of the judicial act on the basis of which the writ of execution was issued;
5. Cancellation or invalidation of the executive document on the basis of which it was initiated;
6. Termination, on the grounds and in the manner established by federal law, of the execution of a judicial act, act of another body or official in the case of a court, other body or official that issued the executive document.

The bailiff in the decision to terminate the enforcement proceedings cancels all measures of compulsory execution assigned to him, removes, as well as the restrictions established for him. Copies of resolutions on termination of enforcement proceedings and related resolutions shall be sent within three days from the date of issuance of the resolution on termination of enforcement proceedings to the recoverer, debtor, body or official that issued the executive document. Also, copies of these resolutions are sent to the bodies (persons) that execute resolutions on the establishment of restrictions for the debtor.

The executive document, the enforcement proceedings on which have been terminated, remains in the materials of such enforcement proceedings, since the termination of the enforcement proceedings deprives the claimant of the right to re-present it for execution. The decision to terminate the enforcement proceedings may be appealed in the order of subordination or in court.

Executive production: Video

Sometimes the parties to enforcement proceedings confuse the concepts of its termination and termination.

But the law clearly defines in which cases it ends and in which it stops. We will figure out what kind of procedure it is, and how to draw up an application to the court to terminate enforcement proceedings.

Termination or termination of enforcement proceedings - difference

After the termination of enforcement proceedings by the bailiff, the executive document remains in the case file and cannot be re-submitted for execution. Upon completion, this paper is returned to the claimant.

Termination of enforcement proceedings by a court or bailiff means that proceedings will no longer be initiated under this writ of execution. At the same time, the end of the procedure does not prevent the re-submission of the document for execution.

Example

If in the course of work the bailiff understands that the debtor has no property and official earnings, he makes a decision to end the enforcement proceedings due to the impossibility of recovery. The documents are returned to the claimant. He can submit them again.

If the enforcement proceedings are terminated, it will not be possible to resume it.

Grounds for termination of enforcement proceedings

Termination of enforcement proceedings is possible on the initiative of:

• claimant;
• debtor;
• bailiff;
• court.

All reasons are listed in Art. 43 Federal Law No. 229-FZ "On Enforcement Proceedings". It will depend on the specific basis where to apply for the termination of the procedure.

Grounds for termination of enforcement proceedings by the court

The court may make such a decision when:

• death of one of the parties to the case, recognition as dead or missing;
• inability to fulfill the requirements contained in the executive document;
• refusal of the claimant from the property of the debtor.

The decision to terminate enforcement proceedings in relation to debtor companies is taken by the arbitration court, in relation to individuals - by a court of general jurisdiction. The procedure is terminated by the same judicial authority that previously issued the writ of execution.

One of the grounds for terminating enforcement proceedings by the court may be the insufficiency of the debtor's property to satisfy the claims of the recoverer. It's about bankruptcy. If the decision on insolvency is made in relation to the individual entrepreneur, the bankrupt businessman is released from the performance of debt obligations. However, he remains liable for personal claims. For example, pay compensation for damage to health.

The debtor has died or there is nothing to recover from him - the proceedings are terminated.

Termination of enforcement proceedings by a bailiff

The bailiff terminates enforcement proceedings if:

• the court adopted an act to terminate the enforcement document;
• the court approved the settlement agreement between the parties;
• the judicial act, which served as the basis for the executive document, was canceled;
• execution of the judicial act was terminated on legal grounds;
• the executive document is canceled or invalidated;
• the legal entity-debtor is excluded from the register of organizations;
• maintenance obligations have ceased;
• debt to the budget recognized as uncollectible.

The settlement agreement between the parties must be approved by the court. In practice, judicial authorities sometimes reject documents that contain clear violations of the rights of one of the parties to the case or third parties.

debtor

An application for termination of enforcement proceedings from the debtor may be received if:

• the document on the recovery of funds was sent to another department of the bailiff service;
• it is necessary to terminate the enforcement proceedings in connection with the execution (all debts are repaid);
• a document on the withholding of part of the salary is sent to the organization where the debtor works.

In all cases, the applicant's interests are protected, and the creditor's goals are achieved - he receives his money.

Claimant

Termination of enforcement proceedings at the request of the recoverer is possible in case of waiver of claims, conclusion of a settlement agreement, death of the debtor, expiration of the recovery period, refusal of the claimant to transfer to him the things seized from the debtor, etc.

Application for termination of enforcement proceedings

There are two ways to apply for the termination of enforcement proceedings - to the court or to the bailiff who is conducting the case.

bailiff-executor

An application for termination of enforcement proceedings is submitted to the FSSP if:

• the court previously decided to terminate the enforcement document;
• the claimant waived his claims;
• an amicable agreement between the parties was approved;
• the judicial act, which is the basis for the executive document, is canceled;
• the executive document was canceled or invalidated;
• the debtor company was excluded from the Unified State Register of Legal Entities.

Do not forget to prepare and attach to the application documents confirming the grounds for termination of enforcement proceedings. Please indicate in your application:

• name of the FSSP department;
• FULL NAME. and contacts of the applicant;
• details of the decision of the bailiff on the recovery of funds;
• the amount of the debt;
• data of the debtor and claimant;
• an indication of the court decision, on the basis of which it is possible to terminate the enforcement proceedings;
• references to the norms of the law;
• the applicant's requirements;
• list of supporting documents;
• date, signature.

To court

An application for termination of enforcement proceedings is submitted to the judicial authority when:

• one of the parties died, was recognized by the court as missing or dead;
• it is impossible to fulfill the requirements of the executive document;
• the recoverer refused the thing seized from the debtor.

The application must contain:

• the name of the court;
• data of the claimant and the debtor;
• the subject of recovery;
• details of enforcement proceedings;
• grounds for termination of enforcement proceedings;
• the applicant's requirements;
• list of documents confirming the grounds for termination of enforcement proceedings under Art. 46 of Federal Law No. 229-FZ.

It should be accompanied by supporting papers and copies of the claim for all parties to the case.

Termination period

An application for termination of enforcement proceedings must be submitted to the bailiff within one working day. He has 3 days to consider the application. Then the bailiff issues a decision to terminate the enforcement proceedings or to refuse to satisfy the requirements. The paper is approved by the senior bailiff.

The bailiff will make a decision within 3 days.

In court, the application is considered within 10 days. He will either grant your request or refuse. The outcome of the case depends on what reasons are given in the application, how competently they are substantiated, whether supporting documents are attached.

The court considers the application for termination of enforcement proceedings for 10 days.

Refusal to terminate enforcement proceedings

After the submission of the application, the verification of the circumstances set forth in it begins. Depending on these grounds, the court will determine:

• the fact of death of the recoverer or debtor;
• the impossibility of transferring claims to the successors of the deceased;
• the fact that the claimant renounces his claims;
• existence of a settlement agreement between the parties.

If these reasons are not confirmed, a refusal is issued.

Appeal against the decision to terminate enforcement proceedings

If one of the parties to the case is sure that an illegal termination of the enforcement proceedings has occurred, she can appeal against the decision of the bailiff. This opportunity is available to the debtor, the recoverer and other persons who believe that their rights have been violated.

To revoke the decision, you must apply to the court with a statement of claim. Individuals apply to a court of general jurisdiction, legal entities - to an arbitration court. A claim must be filed within 10 days from the moment when the person became aware of the violation of his rights.

If the deadline is missed for a good reason, it can be restored.

Consequences of termination of enforcement proceedings

The bailiff cancels all enforcement measures. These include:

• foreclosure on the debtor's property and payments received by him (salary, allowances, pensions, etc.);
• seizure of property;
• seizure of property;
• eviction;
• expulsion from the country.

Also canceled all previously established restrictions. In the executive document, the bailiff indicates that the requirements of the claimant are fulfilled in whole or in part.

The case is dismissed - all restrictions are removed from the debtor.

Together with the decision to terminate the enforcement proceedings, the FSSP employee initiates proceedings regarding the recovery from the debtor:

• unfulfilled obligations (for example, unpaid alimony);
• enforcement costs;
• performance fee.

The bailiff may leave some restrictions for the debtor if they are necessary for.

The bailiff sends the decision to terminate the case to all parties to the case - the recoverer and the debtor. He must do this within three days.

After the termination of enforcement proceedings, the executive document remains in the case file. It is no longer possible to present it for execution again.

Is it possible to cancel enforcement proceedings by court order if the debtor does not agree with the opinion of the court?

For the speed of decision-making by the courts, in many cases there is writ proceedings. This phenomenon is far from perfect, especially in moments related to the proper notification of debtors about the existence of court orders against them.

The main difference between a court order and other court decisions is that they are issued by the court as a result of a simplified procedure for considering cases. A simplified procedure is provided not only for its adoption, but also for its cancellation.

In this article:

How to cancel enforcement proceedings by court order

Before proceeding to the interpretation of the algorithm of the procedure necessary for the cancellation and termination of enforcement proceedings, a number of factors should be noted.

The fact is that there are several options for the development of events.

They depend on the following:

1. The moment when it was the debtor who found out about the existence of a court order against him.
2. What body made this decision?

If the FSSP started enforcement proceedings against you, it means that the bailiff had reasons for that. In other words, he has an executive document in his hands.

However, it often happens that this document is invalid. Bailiffs rarely bother to clarify all the circumstances of the case. As a result, it turns out that the enforcement proceedings were initiated illegally.

Note! To more accurately determine the legality of the actions of an FSSP employee, it is better to consult a lawyer.

In addition, it is necessary to carefully deal with the term for initiating enforcement proceedings by court order.

Deadlines for initiating enforcement proceedings

The time allotted for the initiation of enforcement proceedings by the bailiff is three days from the date of receipt of the executive document.

At the same time, a period should be set for the manifestation of the voluntary nature of the fulfillment of the requirements contained in the executive document.

As a rule, it does not exceed five days. After making such a decision, the bailiff sends the entire package of documents to the debtor.

After considering the period for initiating enforcement proceedings by writ, allotted for the decision of the bailiff, it is necessary to touch on the legality of the actions of the bailiff.

As mentioned above, if the debtor was not familiar with the writ of execution, the moment of entry into force did not occur. Consequently, the FSSP initiated enforcement proceedings unreasonably.

In this case, in order to cancel the enforcement proceedings, it is necessary to achieve the cancellation of the court order. Read on to find out how to do this.

Cancellation of a court order

This problem should be approached from consideration of the term for the entry into force of the court order. This point is inextricably linked to the receipt by the debtor of a court order.

After receiving the documents, the debtor has the right to submit to the court his objections regarding the content of the enforcement document within ten days. If such objections are received, the court issues an order to set aside the court order.

If all the deadlines for proper notification of the debtor have passed, but the court order has not been received by him, it is considered null and void.

In this case, the debtor must apply to the court for a copy of the court order. By this action, the debtor starts the countdown for submitting his objections to the requirements contained in the order.

Following this, you need to write petition for annulment in which to state your objections.

Based on this, the court must set aside the order. This decision must be attributed to the bailiff, who is obliged to stop the enforcement proceedings.

By the way, the law also provides for other ways to cancel enforcement proceedings, for example, through the conclusion of a settlement agreement.

settlement agreement

If the court order has acquired the legal force of an executive document, then it is necessary to act in the direction of concluding a settlement agreement.

Often, in order to start negotiations with the claimant, people resort to the help of a professional lawyer. This option is the most suitable.

1. Because the relationship between the debtor and the recoverer is already "stretched" in nature.
2. It is easier for a qualified specialist to operate with various arguments. After all, it relies on both professional experience and existing knowledge.

A necessary condition for the cancellation and termination of enforcement proceedings, after the conclusion of a settlement agreement, is the mandatory certification of the agreement by the court. Only in this case, the bailiff will have all legal grounds for terminating the enforcement.

Some important points of enforcement proceedings

First, let's talk about other circumstances, the presence of which entails the termination of enforcement proceedings by court order.

Here is some of them:

1. Exception from the Unified State Register of Legal Entities. In cases where a court order is issued against a legal entity.
2. Recognition of the executive document as invalid. This can happen, one of the conditions was mentioned above. For consultations, directly on your question, call us.
3. In the event of the death of the claimant or debtor.
4. Expiration of the statute of limitations for initiating enforcement proceedings.

Among other things, it is necessary to reflect one more question, which is far from being of secondary importance. It concerns the collection of a performance fee.

The moment that is considered the beginning for the possible accrual of such a fee is the end of the period for the voluntary execution of the requirements of the court order.

This approach is established by law. Despite the fact that it is not entirely fair, it must be recognized as justified. After all, the creditor also paid the state duty. And only because the writ was paid, he was issued to the plaintiff.

Legal advice:

1. Resolution on termination of enforcement proceedings dated October 15, 2019. The money was debited on February 28, 2020
What to do?

1.1. Was the money deducted from the discontinued IP or from the new IP?

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1.2. Contact the prosecutor's office for abuse of power.

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2. Is it possible to appeal against the decision to terminate the measures, the entire debt has been paid to the bank, there are documents. The bailiffs refused to terminate the enforcement proceedings, but there you can appeal the decision within 10 days in court. The question is whether it is possible to appeal the decision of the bailiffs in the court itself and so that the court itself removes the interest on the bank in the same court? Where will the appeal of the decision of the bailiffs? Or do I need to file a new objection to the court?

2.1. Vyacheslav, good afternoon! If you have fulfilled your obligations under enforcement proceedings, then you must provide copies of the payments and a statement of termination. If the bailiffs do not respond, then they have the right to appeal the inaction.
I don't know what percentage?

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2.2. The court will not consider the issue of interest.
You need to prove the date of termination of enforcement proceedings in connection with the full repayment of the debt. Present evidence to the court of full repayment of the debt. The court decision must fix the date of termination of the IP, so that the interest from that moment becomes invalid.

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3. - I sent the bailiff a petition to terminate the enforcement proceedings due to the cancellation of the court order; the bailiff issued a decision to refuse satisfaction, since the applicant's requirements were fulfilled earlier - what does this mean? The production on the FSSP website has not been terminated and I have not made any demands before, and after the order was canceled by the Magistrate's Court, I sent them my petition.

3.1. It is written the same way - the applicant's requirements were fulfilled earlier. This means that everything that was required to be recovered has already been recovered, and the provision of an annulled court order does not change anything.

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3.2. Perhaps the requirements of a financial nature were met by court order before the order to cancel was received. You then need to make an application to reverse the court's decision. Send this application to the same magistrate's court that made the decision and then take the writ of execution there. Good luck to you.

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4. By the decision of the bailiff by the executor to terminate the enforcement proceedings on the basis of the cancellation of the court order, however, the bailiff did not withdraw the decision to levy the collection of wages from the employer The employer transferred 50 wages to the bailiffs What needs to be done so that the employer does not transfer illegal funds from the salary Who should return illegally transferred funds.

4.1. The accounting department monitors payments, if they overpaid too much, then let them contact the FSSP to return the excess amounts.

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5. The employer did not pay wages for several months. A court order was issued against the LLC and enforcement proceedings were initiated. The general director of the LLC is hiding, and the bailiff issued a decision to terminate the IP, because. defendant has not been located. What to do?

5.1. Write an application for the renewal of IP.

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5.2. Contact the prosecutor's office or file a collective complaint with the bailiff.

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6. According to the writ of execution, 50% of the salary was deducted. I paid off the debt through the public services website, but because I work in another region, the decision to terminate the enforcement proceedings has not yet arrived (it is possible that it has not even been issued yet). Does the accounting department have the right to stop deductions from my salary when I present a check for the operation of paying the balance of the debt from the public services website?

6.1. Contact the bailiffs, the accounting department will calculate the amounts in the order of the writ of execution.

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6.2. Until the Decree of the bailiff is canceled, the accounting department is obliged to withhold the debt. If money is transferred to the bailiff's account, then they can still be detained and returned, and if directly to the collector, then only after reconciling the amount of debt with him, return what is excessively transferred. You may even have to go to court to get your money back.

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7. I work in another region. According to the writ of execution, 50% of the salary is withheld. I repaid the debt through the FSSP website, but the decision to terminate the enforcement proceedings was never sent. Because of this, for the third month they have been holding back wages in excess of the debt. What should I do and is it possible to get my money back?

7.1. Of course, it is possible, otherwise it is necessary to go to the leadership of the PCB and swear if it does not help to write to the prosecutor's office.

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8. In 2017, an agreement was concluded with the bank on installment payments in the framework of enforcement proceedings. According to the payment schedule, payment is made, but with a violation of the schedule (that is, it is necessary to pay on 05.10 and in fact on 25.10). The bank sues to terminate the previously granted installment plan, referring to the Decree of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 No. 50 p. 26 How to be. What to do?

8.1. In this case, just negotiate with the bank.

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9. Are there ways to get a decision to terminate enforcement proceedings without a personal visit to the bailiffs? Thank you!

9.1. Yes there is. Write an appeal either through the FSSP website, or just a written statement and also through the hotline, and this decision will be sent to you within a month.

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10. They do not issue a VU to the traffic police, because not paid adm. fine. It's been 2.5 years. They require a court decision or a decision of the bailiffs to terminate the enforcement proceedings regarding the payment of fines. The court refuses to accept the application, the bailiffs do not give a decision, they demand payment. How to proceed. Thank you.

10.1. According to the latest regulatory act of the Government of the Russian Federation, which entered into force on October 20 this year, in order to return the VU, fines will have to be paid.

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10.2. No way, you have to pay, or wait until it disappears sometimes it happens.

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10.3. No one has canceled Article 31.9 of the Code of Administrative Offenses of the Russian Federation. And it says that the Resolution on administrative punishment is not enforceable if two years have passed since the entry into force of the judicial act. Contact the prosecutor's office, prosecutorial response measures will be taken.

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11. A court decision was made to evict my son from my apartment. After some time, the son was discharged and moved out of the apartment. What decision should the bailiff make: on the completion of enforcement proceedings or its termination. And should the bailiff, as a recoverer, return the writ of execution to me. And can I start the execution again if my son moves into my apartment again.

11.1. If enforcement proceedings were initiated on this fact, then yes, the bailiff must complete the enforcement proceedings and return the writ of execution to you, in which there will be a note on the completion of the enforcement proceedings and the reasons for its termination. If the end of the enforcement proceedings is associated with the execution of the decision in full, then a new decision cannot be filed under this decision. And how can a son move into your apartment without your consent!

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12. Three years have passed on enforcement proceedings. I pay only tax debts, and bank debts remain without movement. The bailiffs do not close the IP. How can you influence the bailiff so that he makes a decision to stop the collection.

12.1. No way. According to Art. 111 of the Federal Law "On Enforcement Proceedings", taxes will first be collected from you, and then all other debts, and while you will pay or will be charged from you from your income or at the expense of your property, enforcement proceedings will be executed by the bailiff.

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13. A legal entity submits an application to challenge the decision of the bailiff to terminate the enforcement proceedings. (the debtor himself is an individual). Which court should be applied to - a court of general jurisdiction or arbitration? What should be indicated in the application and what documents should be attached? Do I need to send something to the bailiffs first?

13.1. A legal entity should have a lawyer on staff who should know all these things. If there is no lawyer, then the consultation for the organization will be paid.
How to draw up applications, especially for free, no one will teach you.
You need to apply to the district court at the location of the SSP

I wish you good luck and all the best!

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Consultation on your question

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14. The bailiff issued an order to terminate the enforcement proceedings. Should the bailiff notify the claimant about this and within what time frame? And also in what terms the writ of execution should be returned to the recoverer?

14.1. According to paragraph 4 of Art. 44 of the Law on Enforcement Proceedings, copies of the decision of the bailiff to terminate enforcement proceedings, to cancel enforcement measures and to initiate enforcement proceedings in the manner prescribed by part 2 of this article, are sent to the recoverer, debtor, court, other body or official that issued executive document, as well as to the bodies (persons) executing decisions on the establishment of restrictions for the debtor, within three days from the date of the decision to terminate enforcement proceedings.

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15. On hand there is a won case, a writ of execution in the amount of 182,000 rubles, a resolution on the termination of the ID (because he has already applied for recovery), which says that at the time of the end of the ID, the amount is 195,000 rubles. I am writing an application for a new enforcement proceeding (about a year has passed since the termination). What amount to write in the application? How to refer to a termination order? How to ask for indexation of the amount taking into account inflation for this year as well?

15.1. Indexation on enforcement proceedings is done by the court. on the basis of your application, after the decision on indexation, you also take a writ of execution and, together with the first executor, bring it to the bailiff service, you can send it separately, you do not need to refer to the termination in this case.

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16. How to request a creditor a decision to terminate enforcement proceedings under Article 46, Part 1, Clause 4 of FZ-229? What is the application form?

16.1. Upon termination of the executor of his proceedings, the bailiff is obliged to send a resolution to collect and return the silt. Therefore, if this is not done, then the application can be submitted in free form addressed to the senior bailiff. Basically, it should be a complaint.

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16.2. There is no specific form. The main thing is to indicate the number of enforcement proceedings, contact details, last name, first name, patronymic (yours and the debtor). In general, you should have been sent upon termination of the IP.

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17. The bailiff stopped the enforcement proceedings, tell me what to do next, I have an arrest on the car and the personnel department has a decision on recovery, he himself must withdraw all this or should I apply somewhere with the decision to stop?

17.1. The bailiff himself is obliged to cancel all coercive measures. In case of inaction, you need to apply to the court in accordance with Art. 218 CAS RF.

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17.2. If you want to resolve this issue faster and with a guarantee, then it is better to do it yourself, without waiting for the bailiff.

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18. Several enforcement proceedings have been initiated against me. Two or three were seized (on the same property). Enforcement proceedings at various bailiffs. But all IPs are terminated in accordance with Article 46 Part 1 Clause 4.
Do I need to contact each one individually to pick up the decision to terminate the IP?
And does the termination of the IP mean that the arrest on property has been lifted? Thank you.

18.1. Svetlana, Chelyabinsk, in the resolution on the completion of the enforcement proceedings, with the exception of the termination of the enforcement proceedings on the enforcement document on interim measures, the search for the debtor is canceled, his property, search for a child, as well as the restrictions established for the debtor, including restrictions on leaving the Russian Federation, on the use of special rights granted to the debtor in accordance with the legislation of the Russian Federation, and restrictions on the debtor's rights to his property. Those. if you have a decision on the termination of enforcement proceedings in your hands, no restrictions and sanctions will no longer apply to you.
Yes, each one needs to be addressed separately.

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19. If the decision to terminate the enforcement proceedings is lost, can the bailiffs issue a duplicate of this decision, and if not, then on the basis of what law?

19.1. To obtain a copy, you need to contact the bailiff who issued the decision to complete the enforcement proceedings. There are no legal grounds for refusing to issue a copy of the decision.

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20. Are there any deadlines for sending an order to terminate enforcement proceedings to the bank.

20.1. In accordance with Art. 47 of the Law "On Enforcement Proceedings":
6. Copies of the decision of the bailiff-performer on the completion of enforcement proceedings n not later than the day following the day of its issuance, sent to:
1) to the recoverer and the debtor;
2) to the court, other body or official who issued the writ of execution;
3) to a bank or other credit organization, other organization or body that fulfilled the requirements for imposing restrictions on the debtor and (or) his property;
4) to the organization or body that carried out the search for the debtor, his property, search for the child.

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21. A month ago, I personally handed over to the employer the decision of the bailiff to terminate the enforcement proceedings. But the employer continues to calculate the specified amount from me. Where can I complain to stop the deductions and oblige the employer to return the illegally withheld money to me? Thank you!

21.1. You need to look at your documents. After preparing a lawsuit in court and recover money as unjust enrichment. Art. 1102 Civil Code of the Russian Federation. I recommend contacting a lawyer for advice.

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22. I personally brought to the personnel department the decision to terminate the enforcement proceedings duly executed. The employer continues to withhold the specified amount from me, arguing that the document should come by mail ... Is the employer right? Why? Thank you!

22.1. Copies of the decision of the bailiff to terminate enforcement proceedings, to cancel enforcement measures and to initiate enforcement proceedings in the manner prescribed by part 2 of this article, are sent to the recoverer, debtor, court, other body or official that issued the executive document, as well as to the bodies (persons) executing decisions on the establishment of restrictions for the debtor, within three days from the date of the decision to terminate enforcement proceedings. But the law does not state that you cannot hand over this document in person. Submit the order to the accounting department. The employer breaks the law, no one knows where the money goes.

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23. There is a ruling on the cancellation of the court order, handed over through the office to the FSSP. Enforcement proceedings were removed from the FBS electronic database, but the debtor did not receive it. Considering that on the basis of a court order, the car was arrested and sealed, whether the debtor can use the car if he cannot receive a decision to terminate the SP within 3 months, although it is not in the database. Thank you.

23.1. If you are sure that the arrest has been lifted and the enforcement proceedings have been terminated, then you can use the car. If the enforcement proceedings are terminated, there will be no one to present you with questions about the use of the car.
You can come to the bailiff assigned to your enforcement proceedings during office hours and demand a copy of the decision to terminate the enforcement proceedings. Then you will not have to wait, and you will be completely sure of your question.

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24. if they make a decision to terminate the enforcement proceedings on the day of payment of wages and I bring it to work. Can I count on the fact that the money will not be sent to the bailiffs and will the organization suffer from this?

24.1. The organization will not suffer, in this case of downtime it is the executor of the decisions of the competent authority. But you can’t count on the fact that they won’t be sent, as a rule, all such actions (required by law, to make mandatory payments) are carried out in advance, until the salary is paid to the employee.

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