Contents and structure of a written request

The court has the right to take interim measures in civil and arbitration proceedings at any time - until the decision is fully implemented. And throughout this entire period, the participant in the process has the opportunity to file a corresponding petition.

When starting to write it, you can use the sample application as a guide in order to properly structure the document. It consists of several parts:

• The document header, located in the upper right corner. Here are the following:
  1. to whom the petition is addressed (details of the civil / arbitration court);
  2. from whom it came (full name, place of residence, contacts);
  3. who is the defendant or other party to the case.
• Title of the document being submitted.
• Reasons for filing such an application. Here, in particular, it is indicated which real (already committed) or possible actions of the defendant may lead to failure to fulfill the requirements stated in the claim. If the defendant asks to suspend the collection, he indicates why he is asking for it.
• Please take interim measures - with or without indicating their type and scope.
• Information about availability known to the applicant (if he has it).
• Signature and date of writing the petition.

If the applicant has documentary evidence of his words, he attaches them to this paper, and lists at the end of the text what exactly is attached to it.

A request to secure a claim is considered urgently - immediately after its filing. No party to the case is called upon. Having made a decision on the submitted application, the judge makes a decision either to take the required measures or to refuse this requirement. If the defendant's request is granted, he is issued a writ of execution, and a copy of the document is sent to the defendant.

Timely taken interim measures make it possible to ensure proper execution of the adopted judicial act. In certain situations, they are designed to protect the defendant from unlawful penalties. Securing a claim helps ensure justice prevails and makes the court's decision inevitable.

The imposition of interim measures when applying to a civil court is in most cases necessary, since it guarantees the plaintiff to satisfy his property claims.

After all, he has to worry about whether the defendant will be able to reimburse the expenses caused by his actions. Will recovery become impossible due to the fact that the property, the right to which is being disputed, will pass to another owner.

Unfortunately, quite often there are cases where, intentionally or not, the defendant becomes insolvent.

In this article:

Interim measures - a guarantee of securing a claim

The institution of interim measures is called upon to correct this situation. Such measures include a whole range of actions that can ensure if the claim is satisfied and the execution of the court decision comes into question.

That is why security is a guarantee of the possibility, for example, of fulfilling the claims set out.

At the same time, the law does not provide restrictions on the imposition of interim measures depending on the composition of the claims. They can be applied both in the case of monetary claims and in the case of applications for recognition of rights.

Types of interim measures

Interim measures may not always be the same; depending on what exactly they will provide, the law distinguishes several types.

1. Prohibition to dispose of property. This measure has a name that reflects its essence - seizure of property. In this case, this property may be owned by both the defendant and other persons.
2. Prohibition to perform certain actions. When imposing this measure, it is clearly formulated exactly what actions the defendant should not perform.
3. Prohibition of certain actions in relation to property. Such measures are highlighted as a separate type, since they are addressed not to the defendant, but to other persons. The property in respect of which the prohibition applies must be the subject of the dispute.

There are also measures that are applicable in certain categories of claims.

Thus, when challenging a recovery under a writ of execution, a suspension of recovery should be imposed on a person as an interim measure, and if there is an application for the release of property from seizure, a suspension of the sale of property is permissible.

With a fairly clear formulation of the list of types of interim measures, the law does not exclude the possibility of using others, which must be chosen in accordance with the current situation.

Imposition of interim measures in civil proceedings

Interim measures must be applied on the basis of a corresponding application from the plaintiff or other persons interested in resolving the dispute, as well as the prosecutor if he is involved in the process.

It can be stated in the pleading part of the claim or issued as a separate document, such as.

If there is no time to write, you can exercise the right to declare the seizure of property for purposes during the trial; in this case, the petition must be recorded in the protocol.

The application for the imposition of interim measures is considered after its receipt on the same day and, based on the results of its consideration, a determination is made. The validity of the accepted guarantees of the claim begins immediately, in connection with which the applicant is issued a writ of execution.

Sample application for imposition of interim measures

An example of a petition for interim measures - seizure of property, you can download below.

To the Zamoskvoretsky District Court of Moscow
115184, Moscow, st. Tatarskaya, 1

Plaintiff: Vasiliev Ivan Petrovich
Moscow st. 1st Dubrovskaya 54 sq. 16

Defendant: Puzikov Dmitry Mikhailovich
Moscow, st. Novokuznetskaya, 161 sq. 75

Statement
on taking interim measures

A civil case is pending in court regarding my claim against the plaintiff I.P. Vasiliev. to the defendant Puzikov D.M. on debt collection under a loan agreement.

In accordance with Art. 139 of the Code of Civil Procedure of the Russian Federation, at the request of the persons participating in the case, the judge may take measures to secure the claim in any situation in the case, if failure to take measures to secure the claim may complicate or make it impossible to enforce the decision.

The dishonest behavior of the defendants, who received money from me without my knowledge and are evading their return, gives reason to believe that failure to take measures to secure my claim at the present time may complicate or make it impossible to enforce the court decision.

According to Art. 140 of the Code of Civil Procedure of the Russian Federation, one of the measures to secure a claim is the seizure of property belonging to the Defendant and located in him or other persons.

Based on the above and taking into account the provisions contained in Art. Art. 139, 140, 141 Code of Civil Procedure of the Russian Federation, I ask the court:

1) Take measures to secure the claim in the form of seizure of property belonging to the defendant, registered at the address: Moscow, st. Letnikovskaya 18 apt. 78 within the limits of the stated claims in the amount of 3 million rubles.

2) Prohibit him and other persons from making transactions for the alienation of movable and immovable property belonging to him, suspending state registration of the transfer of ownership of real estate belonging to her and transactions with the said property.

from 31/12/2018

To prevent the execution of a possible positive court decision from being delayed in the future, you can file a motion to secure the claim. As the name of the document indicates, it can be submitted before the issuance. Even at the same time as going to court. The procedure for ensuring the execution of a decision also applies at the stage.

Example of a request to secure a claim

To the Dimitrovgrad City Court of the Ulyanovsk Region

address: 433510, Dimitrovgrad,

st. Astrakhanskaya, 51, apt. 5

On October 18, 2022, in the Dimitrovgrad City Court of the Ulyanovsk Region, in accordance with the rules of the contract, I filed a statement of claim against Igor Aleksandrovich Sharov to collect the debt under the loan agreement, as well as in accordance with the terms of the agreement. is 1,650,000 rubles.

The plaintiff has reason to believe that measures will be taken to conceal his property in order to make it impossible to recover it within the framework. The defendant’s dishonest behavior is evidenced by the fact that he, in the presence of two witnesses, refused to receive information about the improper fulfillment of obligations under the loan agreement.

At present, I know for certain that the defendant is taking measures to sell the property he owns: a Mazda CX-7 car (the sale announcement is posted on Internet sites (printouts are attached)). The plaintiff also has sufficient grounds to believe that the defendant may take actions to dispose of the real estate belonging to him. Since the defendant does not have a permanent place of work, failure to take measures to secure the claim may become an obstacle to the execution of the court decision.

In order to prevent the impossibility of executing a court decision in the future, taking into account the requirements of Article 13 of the Code of Civil Procedure of the Russian Federation on the mandatory nature of judicial acts on the territory of the Russian Federation, it is necessary to apply the following measures to secure the claim: seize the property of the defendant, prohibit the defendant from taking actions to alienate real estate, including including registering the transfer of ownership.

Based on the above, guided by art. 139, 140 Code of Civil Procedure of the Russian Federation,

1. Take measures to secure the claim of Voronov D.V. to Sharov I.A. on the collection of debt under a loan agreement in the form of imposing and establishing a ban on transactions aimed at alienating real estate owned by the defendant.

Application:

1. Information from Internet sites about the sale of the defendant's car.

10.18.2022 Voronov D.V.

Grounds for filing a motion to secure a claim

Since satisfying a request to secure a claim means limiting the defendant and even other persons (for example, a spouse, etc.) in the exercise of their rights, such a document, first of all, must be justified. The basis is the presence of two conditions simultaneously:

• goal: to ensure the execution of a future court decision;
• the defendant’s actions are aimed at concealing (selling, donating, etc.) his property;

The applicant must petition the court to select a specific measure to secure the claim. They are:

• seizure of property,
• prohibition of performing certain actions (for example, filing an application for liquidation when the Defendant is an organization, including in claims),
• prohibiting other (not the defendant) persons from performing certain actions (for example, prohibiting the disposal of property that is the subject of claims),
• suspend collection within the framework of already initiated enforcement proceedings, etc., for example, suspend the effect of the decision (Article 140 of the Code of Civil Procedure of the Russian Federation).

The applicant has the right to independently propose to the court an option to secure the claim, which will ensure his property interest. However, the requirement to secure the claim must be proportionate to the value of the claim. The court will not seize real estate when the value of the claim is 50,000 rubles, and the price of the real estate is many times higher.

How to file a motion to secure a claim

The text of the document must include the following information:

• what facts and information served as the basis for applying to the court to secure the claim;
• what measures, in the applicant’s opinion, should be taken by the court.

A petition to secure a claim is submitted through the court office (it is also allowed directly to the judge).

The advisability of applying security measures for a claim depends solely on the opinion of the judge. The court does not notify the persons involved in the case about the receipt of a request to secure the claim. The result of the consideration is formalized regarding the adoption of measures to secure the claim. It is executed immediately by issuing it to the plaintiff. Subsequently, the plaintiff has the right to file a security claim to replace one security measure with another, and the defendant can cancel the measures by filing a corresponding application with the court.

Clarifying questions on the topic

Svetlana

• Legal Advisor

Catherine

The court regularly considers numerous civil cases, the main purpose of which is to recover funds from those responsible for various events and incidents. We often have to deal with the fact that people who are defendants try to hide their income and valuable property so that in the future various items will not be confiscated and sold at auction by bailiffs. Therefore, to ensure the safety of these items, the Civil Procedure Code applies interim measures. Their main goal is to protect property owned by the debtor and who is the defendant.

The concept of interim measures

They are represented by special events designed to secure a claim. When they are used, the defendant has no opportunity to sell, donate or destroy existing property.

According to the Civil Procedure Code, interim measures are applied on the basis of an application submitted by the plaintiff. The application must contain compelling justification and evidence of the need to apply these measures. Otherwise, the court will refuse to use them.

The rules for applying these measures are prescribed in Article 140 of the Code of Civil Procedure of the Russian Federation. When used, restrictions are imposed on the rights of the defendant in relation to his property. In this case, the court may require the plaintiff to compensate for losses that the defendant may incur due to the presence of these encumbrances.

Legislative regulation

Basic information on how security is applied in civil cases is contained in Chapter 13 of the Code of Civil Procedure. This regulatory act specifies on what basis these measures are used, as well as how they differ from the measures used within the framework of the agro-industrial complex. The basic rules for applying measures to secure a claim in civil proceedings are as follows:

• there is no preliminary security, so the procedure can only be carried out after the commencement of the claim proceedings;
• the measures applied to the debtor’s property must be proportionate to the requirements specified in the claim;
• the defendant may demand compensation for damages resulting from such measures if the claim is not satisfied.

The decision is made exclusively by the court, for which the possibility of the defendant using various fraudulent schemes to conceal existing property is assessed.

Purpose of the process

According to the Civil Procedure Code, interim measures are used to protect the defendant’s property from sale or other actions aimed at concealing or eliminating it. Not only the plaintiff can act as the initiator for the introduction of these measures, so the corresponding petition is often submitted by the prosecutor or other interested parties.

Many people, upon receiving information that a lawsuit has been filed against them, try in various ways to protect their property so that it is not sold at auction by bailiffs. Therefore, cars or apartments are quickly registered in the name of relatives or friends, sales contracts or deeds of gift are drawn up. Money is withdrawn from bank accounts, and other valuables are also sold. This leads to the fact that claims cannot be satisfied due to the lack of funds from the defendant. Therefore, participants in civil proceedings often require the use of interim measures.

Reasons for use

In civil cases, such measures are used quite often. But at the same time, the judge must be convinced of the validity of their use. Security for a claim is represented by the action of the court that accepted a specific case for consideration.

It is not only the plaintiff who can initiate the application of interim measures, since even the prosecutor often realizes the need for such actions. Additionally, other interested parties may insist on their use. These include guardianship authorities, legal representatives of the minor plaintiff or other persons.

The main basis for the use of interim measures in civil proceedings is the likelihood that the defendant will be able to use various methods that allow him to hide or sell his property. Under such conditions, the plaintiff will not be able to recover the required amount of funds from him.

How are they used?

To use interim measures, the plaintiff must perform certain actions:

• an application is initially drawn up, and it can be written and submitted to the court at any time during the consideration of a particular case;
• the application is considered on the day it is accepted;
• the court decision comes into force immediately, so a writ of execution is generated and issued to the applicant;
• This document is then sent to the bailiffs involved in the execution of court decisions.

It is taken into account that the use of such measures is permitted only if they comply with the requirements of the claim. Therefore, applications that require the imposition of an encumbrance on an apartment will not be considered if the amount of the claim does not exceed 10 thousand rubles.

How to make an application correctly?

In the Civil Procedure Code, interim measures are applied solely on the basis of a petition received from the plaintiff, prosecutor or other interested parties. This document should contain information:

• information about the defendant and plaintiff;
• subject of the claim;
• the size of the plaintiff’s claims, since based on this information the judge will be able to understand whether the use of interim measures is appropriate;
• please take advantage of such encumbrances to prevent illegal actions on the part of the defendant;
• indicates the plaintiff’s concerns related to the fact that the defendant’s property can be quickly sold.

At the end, it is advisable to state that if these measures are not taken, then the plaintiff’s demands will not be satisfied due to the lack of property from the defendant.

Types of measures

Interim measures in civil proceedings are presented in several varieties. All of them are listed in Art. 134 Code of Civil Procedure. These include:

• seizure of the defendant’s property, and this method is usually used in relation to apartments, houses, plots of land or cars registered exclusively in the name of the defendant;
• seizure of a citizen's bank accounts;
• prohibition on performing various actions, for example, transferring property to third parties;
• stopping the sale of property;
• suspension of various penalties on writs of execution issued by other courts if the debtor challenges them.

All of the above activities can be used individually or in combination. If the defendant does not comply with various prohibitions, then he is held administratively liable, and therefore pays a fine of up to 100 minimum wages, and also additionally covers the losses incurred by the plaintiff.

Security can be applied not only to funds or property, but even to copyrights, therefore a ban is imposed on the publication of various works. The legislation does not provide for the number of measures that can be applied to one defendant.

Application procedure

Each participant in the process must understand the features and concept of interim measures. The procedure for their application is divided into successive stages:

• based on the application received from the plaintiff or interested party, the court makes a decision regarding the need to use these measures;
• a special determination is formed and transmitted to the bailiff chosen as the executor in this case;
• Often the plaintiffs themselves request this determination, so a copy of the document is given to the applicant;
• the defendant is not notified about the measures taken, therefore they are effective, since the citizen does not have time to carry out any actions aimed at concealing property;
• information about the restriction is sent to Rosreestr and the State Traffic Safety Inspectorate, as well as to other government bodies, so it will be impossible for the defendant to conclude any transaction on the basis of which the property is transferred to third parties;
• the bank where the citizen has a deposit or accounts is notified about the seizure of accounts;
• Bailiffs are searching for property registered to the defendant.

The citizen to whom these measures are applied has different rights and opportunities. He may demand that certain measures be replaced with other restrictions, for which an application to the court is drawn up, so the seizure of the apartment can be replaced by the seizure of the car. In this case, the proportionality of the requirements is taken into account. Additionally, the defendant may offer to deposit money with the court. This amount must be equal to the amount of risk. Under such conditions, all encumbrances on the property owned by the defendant are removed.

When do the measures end?

A ruling is issued by the court to apply interim measures. It contains information about what actions should be taken by bailiffs to preserve property belonging to the defendant in a particular case. Such encumbrances are removed under the following conditions:

• the court makes a negative decision on the claim, and the bailiffs must notify Rosreestr, the traffic police and other government bodies about the removal of the encumbrance;
• the plaintiff submits an application on the basis of which the encumbrance is removed;
• partial satisfaction of the claims, and the court may retain the validity of certain interim measures for the remainder of the claims;
• suspension of proceedings, which leads to automatic lifting of arrest and prohibitions.

Regardless of the decision made by the court, each participant in a civil proceeding against whom interim measures are applied may challenge the application of such restrictions. For this purpose, an appropriate protest is being formed. It can be submitted not only to the court, but even to the prosecutor. This is due to the fact that Russian legislation protects not only plaintiffs, but also defendants.

Rules for appealing a ban

Defendants in various civil cases learn that various interim measures have been applied to their property or funds after the arrest or ban has been imposed. However, they may not agree with such a court decision. Cancellation of interim measures by the court is possible on the basis of an application drawn up by the defendant. For this, the following features are taken into account:

• a private complaint is drawn up within 15 days after the citizen was notified of the ruling made by the court;
• the complaint indicates the grounds for canceling the measures;
• Additionally, you can specify a requirement to replace certain measures with other restrictions.

If the court seizes property, the value of which significantly exceeds the amount of the claims, then such a decision is easily challenged. Such situations include the seizure of an apartment in the presence of claims for 50 thousand rubles.

What requirements are included in the application?

When drawing up an application for cancellation of interim measures, the defendant may demand different actions from the court:

• the citizen offers to transfer the required amount of funds to a bank deposit, which leads to the complete lifting of restrictions;
• it is necessary to completely cancel the security due to the lack of proportionality of the requirements and the measures applied to the defendant;
• it is necessary to replace specific measures with other restrictions.

Additionally, the defendant may demand that the plaintiff cover losses incurred due to interim measures. They are covered if the claim is not satisfied. These funds will have to be recovered through the court if the plaintiff refuses to voluntarily pay the money to the defendant.

Conclusion

Interim measures are often used in various civil cases. They help ensure the safety of the defendant’s property and funds. They are applied solely on the basis of an application drawn up by the plaintiff or other interested parties.

Measures are lifted based on the defendant’s application or after the end of the trial. A person who is faced with various encumbrances may, at the end of the proceedings, demand compensation for losses from the plaintiff if the claims are not satisfied by the court.