How to cancel enforcement proceedings
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If enforcement proceedings have entered into force, this does not mean that there is no way to stop the process. There are a number of articles in the law on the basis of which it can be terminated.
You will need
- The Civil Procedure Code of the Russian Federation.
Instruction manual
1
On the basis of Article 439 of the Code of Civil Procedure, enforcement proceedings may be terminated if the claimant refuses his claims and penalties, and a settlement is also concluded between the parties. Please note that then all the appointed measures will be terminated, and it will be impossible to resume the again stopped enforcement proceedings. It is also necessary that the refusal or settlement is accepted and approved by the court. This happens if these actions do not violate the rights of third parties, but concern only parties involved in the dispute.
2
Also, the reason for the termination of enforcement proceedings is the death or unknown disappearance of one of the parties and the absence of the assignee of the person. Cancellation of production is possible upon the expiration of the collection period established by law, or if the material base is insufficient to cover all claims of the collector.
3
It is also possible to cancel enforcement proceedings if the defendant was not familiar with the court order and does not know about its existence. In this case, if you are a debtor, you need to send an application to the court to issue you a copy of this order. Together with the application, file an objection to the execution of this document in the name of the judge.
4
Write a statement on the suspension of proceedings in the name of the bailiff who instituted it, and send it by registered mail to the bailiff service. Indicate that since you were not familiarized with the order, and the proceedings have already entered into force, therefore, there is a violation of the law, because in order to start the execution of the proceedings, the court must have confirmation that the debtor received a copy of the court order. The basis for this is Article 128 of the Civil Procedure Code of the Russian Federation.
