Despite the government’s everlasting censure, allthere are noticeable shifts in the country's judicial system. The terms of consideration of cases are shortened, the procedure is improved, and new opportunities appear for collecting the same debt.
What is a settlement?
Not long ago, the possibility of concludingsettlement agreement at any stage of debt collection. The parties are given the opportunity to negotiate at any stage of the sport, both prior to a decision being made, as well as being enforced.
The settlement agreement allows you to appeal to the bailiffs at any time, as soon as the debtor ceases to fulfill its obligations.
Benefits for the claimant
Naturally, the same executive lawproduction considers the agreement as a document only that which is made in writing. If the parties to the dispute orally agreed, and the debtor ceased to fulfill his obligations, then such actions are not covered by the law.
For the victim-claimant, the document has several advantages:
- voluntary consent of the debtor to repay debt obligations;
- the text of the document specifies the conditions of payment of the debt, which suit the lender;
- no need to constantly monitor the debtor, he signs in the settlement agreement under the voluntary repayment of the debt;
- additional protection in the form of an opportunity will appeal to the bailiffs if the debt obligations are not repaid.
Although all these benefits will be “erased” if the debtor wants to disappear.
Debtor Benefits
In fact, the settlement of the parties has muchmore profitable to the debtor. First of all, the parties can always agree to defer payment, break the debt into several payments. In the presence of such a document, bailiffs will not bother with phone calls, and try to describe the property.
The most important thing is that a decision is made to terminate enforcement proceedings, therefore, all restrictions on the use of property are lifted.
Conclusion procedure
Despite the advantages, it is still veryRarely, the lawyers of the parties manage to convince the other party to sign the agreement. As a rule, the lawyer of the recoverer first tries to analyze the financial condition of the debtor. And if the latter has movable and immovable property that is subject to recovery under the law on enforcement proceedings, then this is already a factor that will encourage the parties to draw up a document.
Stages of the transaction
The first step the parties must take isapply with a joint statement to the court. The applications must necessarily contain a writ of execution, with confirmation that the production is already open and under consideration by a particular bailiff.
If we are talking about the recovery of the debt, in which the bailiff participates, the settlement agreement is approved with the involvement of a third party - the bailiff.
Then a sample of the settlement agreement is drawn up.stages of the enforcement proceedings and the relevant court ruling is issued. After that, enforcement proceedings stop. In the case when there are certain restrictions on the use of property (arrest or other restrictions), then all sanctions are lifted.
Rules of compilation
No legislative act defined the form of the amicable settlement. In practice, certain requirements have been formed, which allow the judge to undergo an “examination” without any problems.
Several requirements are recommended for compliance in the document:
- You can not make the fulfillment of debt obligations depending on any circumstances;
- the text of the document should be clearly formulated and no ambiguity should not be seen;
- no alternative debt repayment options should be provided.
Sample Settlement Agreement on StageEnforcement proceedings may not affect other obligations of the parties beyond the scope of legal proceedings. The document should not affect the new responsibilities and rights of the parties. Otherwise, the court does not approve such an agreement.
There are also features of an agreement depending on the type of process.
Business process
Arbitration Procedure Code in Art.139 provides for the possibility of signing a settlement agreement at any stage of the process, even at the stage of compulsory collection. The same article provides for the obligation of the parties to approve their agreement in court.
In Art. 140 stipulated requirements for the document:
- the agreement must be made in writing;
- the text of the document must contain details of the executive document, the terms of payment of the debt specified in it;
- The agreement may be signed by an authorized person, but with the obligatory confirmation of its authority.
Serve a sample of the settlement agreement on stageEnforcement proceedings must be submitted to the court of first instance, where the case was directly considered. All parties to the dispute are notified of the time and date of the application. If one of the parties did not appear in court, did not submit consent to the proceedings without his presence, the application is not considered. Approval of the agreement or its rejection should be carried out within a month from the moment of submission of documents to the court.
A court ruling must contain the following information:
- approval or refusal in the settlement;
- the conditions under which the debtor will be calculated;
- allocation of all costs to the process;
- information that a previously adopted decision is not enforceable.
The only consequence of non-compliance with the settlement agreement is the reopening of the enforcement proceedings. The initiator of this may be the lender or the bailiff.
Civil Procedure
The Code of Civil Procedure provides for the possibility of fulfilling one's obligations with the consent of the parties (art. 39).
As in the arbitration process, a civil court may not approve the agreement if it is contrary to the norms of current legislation.
Стороны могут устно договориться непосредственно in a lawsuit. In this case, the conditions to which the parties agree are described in the protocol of the court session and signed by all participants. The parties are not deprived of the opportunity to agree beyond the walls of the court. Then the application is sent to the court for approval of the agreement.
Determination Approvalentails the termination of enforcement proceedings. The definition displays all the conditions with which both parties agreed. If the judge does not agree with the text of the document, he makes an appropriate determination and the case is again considered on the merits.
What can contain an agreement?
A little more about the benefits.Approval of the settlement agreement at the stage of enforcement proceedings is interesting for both parties. First of all, every creditor should understand that not all bailiffs perform their duties properly, therefore, it’s not worth counting on their help.
Мировое соглашение может содержать пункт о том, that the creditor has the right to use certain property of the debtor until the moment of full settlement of debts. Debt can be repaid not only in cash, for example, partly in cash and partly in property. Debt can be restructured, you can set a clear schedule for repayment of debts.
Invalidity of agreement
Despite the seeming simplicity of makingsample of a settlement agreement at the stage of enforcement proceedings, the conditions that will violate the norms of current legislation, will not allow to approve such a document in court.
In the process of performance of obligations can notbe involved in third parties or violate other people's rights. It should be clear from the text of the document that all parties to the agreement fully agree with what they have to do.
Only one of the joint debtors is not allowed to participate in the agreement. The agreement cannot contain legal relations that do not really exist, that is, serve as a cover for other transactions.
The text of the document may contain the terms of assignment of debt, partial or complete forgiveness of debt.
The settlement agreement in the process is a real opportunity to find a middle ground in a dispute.
