You performed as the plaintiff in the lawsuit and won the case. But convincing the court - half of the case, the most important thing is to "convince" the defendant. It is here that the won the part of the parties and the question arises how to receive an executive list - the official document confirming the responsibility of the defendant to fulfill what the court awarded.

Without an actuator, the opportunity to get compensation is practically absent, unless you hope for the good faith of the debtor. Let's figure out how to get an executive list in court and what needs to be done for this. Answers to these questions contain arbitration and civil procedural codes, as well as a special law on enforcement proceedings. Tell in order.

Where you can get an executive list

The executive list is always issued only by one judicial authority - the court of first instance. Considered your case the judge of the district court - to the district court and go. The same rule is valid for the second instance - we go to court, originally considered this case. The Court of Appeal does not issue executive sheets to their decisions. That is, the scheme of action looks like this: a lawsuit in the district court - a decision - a complaint to the regional court - a decision - an application for the issuance of a writ of execution to the district court.

When you can get the executive list after the court decision

If we are talking about first instance, then you can get an executive list 10 days after the decision in final form. This time is given that the defendant can appeal the decision, and until this point, it makes no sense to fulfill it. If the complaint is, and the court recognizes the decision of the first instance illegal, "the executive list was recovered by the actuator. Therefore, the legislator has forbidden to start the execution before the decision to enter into force. If for some reason, for some reason, an executive list was previously 10 days, he will be insignificant, and the execution of it cannot be obtained, even if the appeal will not be further.

Please note that the countdown of the ten-day period begins not from the date of the last meeting, where the decision was declared in your favor. The meeting announce the operative part of the decision (that is, what conclusion came the court), but the motivative part (why he came to this conclusion) the court is entitled to draw up within the next 5 days (Art. 199 Code of Civil Procedure of the Russian Federation). That is, wait after the court session will have to be not ten, but fifteen days.

After receiving the actuator, you need to carefully check the availability of details and their compliance with the court decision. In the executive list:

• the operative part of the decision is given.
• indicates the name and address of the court, his issued
• the number of the case in which the sheet is issued
• the date of decision and the date of its entry into force (or an indication of the immediate execution)
• date of issuing a sheet itself
• information about the debtor and the recoverer (for citizens - surname, name, patronymic, place of residence or place of stay, for the debtor is also a year and place of birth, place of work (if it is known); for organizations - name and legal address).

There are also cases when the executive list can be obtained immediately, without waiting for the decisions into force. This is a recovery at work, the recovery of alimony (Art. 211 Code of Civil Procedure of the Russian Federation), as well as at the discretion of the court any other situations where the delay will lead to significant damage for the recoverer.

The next question is how to get an executive list after appeal. The decisions of the appellate instance come into force immediately after the announcement, but here to seek the executive list on the same day will not work.

It has already been noted above that it is necessary to receive an executive list on the appeal decision in court of the initial consideration of the case. But you can do it no earlier than the case materials will return to the first instance. As if the judicial system did not strive to expand the electronic turnover of documents, the court cases are still fat cardboard folders, and their transfer from the instance to the instance occurs by banal courier delivery. You can only advise you to keep in touch with the court office to seek execution immediately as soon as this possibility appears.

Important!
When your case comes from the Court of Appeal, it is worth as soon as possible to apply for an executive list. After all, the appeal often arises a cassation complaint, and this means that the documents will "leave again" again, and there will be no longer any longer.

Who can get an executive list

It is believed that the subject of receiving the executive list is always the plaintiff, but it is not. A recoverer (owner of the executive list) can be also a respondent. This happens in one case - if a counterclaim was served and the parties are mutually obliged to each other, one must return the goods, and the other is to pay money for it. The answer to the question of how to get the executive list to the defendant is very simple - as well as the plaintiff, but solely in the case of mutual recovery. If there is only one lender and one debtor, then the last executive list is not issued.

Another point - the recoverer can be applied to the executive list to court both personally and through the representative in the presence of a proper power of attorney.

About the state duty for issuing an executive list in the arbitration court can be read by reference

Procedure for obtaining an actuator

Now we will understand exactly how you can get an executive list by the court decision.

Let's start with the list of documents required to appeal to the actuator:

• Passport (passport and power of attorney, if a representative is drawn);
• Judicial decision (the basis of the issuance of the execution sheet);
• Application for the issuance of an executive list.
• The specific court may have their own claims for a statement, but the main items of its content are always the following:
• Data characterizing the identity of the recoverer;
• Data on the debtor;
• Data on judicial deeds, the decision on which the execution is awarded (the case number, the date of consideration, the court in which the process and the judge took place, who considered the case);
• The maintenance of the operative part of the decision.

Interesting statistics

According to the court department at the Supreme Court of the Russian Federation for 2015, 2319 district courts operated in the Russian Federation, in which more than 554 thousand cases were considered.

Make a statement very carefully, since the question of issuing an executive list is not a simple formality, it is considered a judge, and a minor error or typo will prevent you from getting the necessary document.

After the packet of documents is transferred to the office, you will tell you how much time you need to wait. The law does not contain instructions on the time frame, therefore, by and large, the court is not limited. It all depends on the workload of a particular court. As practice shows, this time is from two weeks to a month.

Having received an executive list personally or by mail, be sure to check its content. Remember that this is an official document, any inaccuracy makes it invalid.

Check the information is immediately very important because in the executive list it is impossible to simply correct the error. The executive list will be taken from you, and the entire procedure will begin again. And to consider an invalid document, bailiffs will not be.

It is assumed that the court should give you an executive list in hand. But there is another option that you need to remember. Article 428 of the Code of Civil Procedure of the Russian Federation contains the rule that at the request of the recoverer, the court has the right to refer the executive list to the FSSP office at the location of the debtor for execution. You still choose: if the debtor has an account in the bank - it is easier to come there with an executive list and the bank will be obliged to execute it. If the debtor has no explicit property - it will be more effective to attract the state apparatus.

If you have any questions about receiving an executive list, leave them in the comments