Appealing the inaction of a bailiff: a sample complaint, where it is better to apply. Where to complain about bailiffs Is it possible to complain about bailiffs

Sending a writ of execution to the service bailiffs does not always mean a guarantee of a quick solution to the issue. Often, employees of this organization neglect their obligations and in such a case, measures are necessary to influence them. Today we will talk about the grounds on which you can complain about bailiffs, how to properly draw up a complaint and where it can be sent.

○ Reasons for complaints against bailiffs, where to complain and how to do it correctly?

To properly file a complaint, it must be properly drafted and sent to the person who has the authority to consider it. If your document was not accepted or appropriate actions were not taken on it, you can file a second complaint to a higher authority.

○ Legislation on the activities of bailiffs.

The activities of bailiffs are fully regulated by legislative level. The order of their work, as well as all the features of enforcement proceedings are indicated in Federal law“On bailiffs” dated July 21, 1997 No. 118-FZ.

Bailiffs in their activities are guided by the Constitution Russian Federation, this Federal Law, the Federal Law “On Enforcement Proceedings” and other federal laws, as well as other regulatory legal acts adopted in accordance with them.
(Article 2 No. 118-FZ).

In addition to the Constitution and this law, bailiffs in the process of collecting debts are guided by a number of legislative acts:

Civil Code of the Russian Federation.
Code of Civil Procedure of the Russian Federation.
Code of Administrative Offenses of the Russian Federation.
Federal Law No. 229 “On Enforcement Proceedings”.
Federal Law No. 135 “On Valuation Activities”.
Regulations on the Federal Bailiff Service.
Regulatory acts of the Ministry of Justice of the Russian Federation.

○ What can you complain about?

You can file a complaint against the bailiff on the following grounds:

Inaction.
Issuance of a resolution to initiate enforcement proceedings against you.
Collection of enforcement fees illegally.
Violations of legal norms during the seizure of property, its valuation and sale.
Imposition of illegal fines.
Others illegal actions that infringe on your rights and interests.

○ Complaint.

Like any document, drawing up a complaint and filing it have some nuances.

✔ Features of document preparation.

Despite the fact that the document is drawn up in free form, there are certain points that are important to consider when writing it. The complaint must indicate:

Information about the recipient of the document.
Applicant details.
The essence of the appeal (description of illegal actions or inaction of the bailiff).
A link to legislative norms confirming the illegality of the employee’s actions/inaction.
Requirement to take appropriate measures.
Date and signature of the applicant with transcript.

✔ Sample complaint.

The complaint is formalized in a simple writing and is certified by the signature of the applicant. The document can be sent by mail, via the Internet, or submitted in person.

○ Where to send a complaint?

The complaint can be directed to a higher-ranking official. This means that its recipient may be the head of the territorial department of bailiffs or a superior person.

✔ Head of the bailiffs.

The investigation into the illegality of the actions/inactions of the bailiff should begin in accordance with Art. 123 No. 229-FZ. According to the order of subordination, the first complaint is submitted to the boss, under whose direct subordination the object of the complaint is located (clause 1 of Article 123 No. 229-FZ).

✔ Chief bailiff for the region (region).

In case of disagreement with the decision made by the bailiff and approved by the senior bailiff, the complaint is sent to a higher official. This is the chief bailiff of a constituent entity of the Russian Federation, subordinate to whom are employees whose actions/inactions violate your rights and interests (clause 2 of Article 123 No. 229-FZ).

✔ The country's chief bailiff.

If you cannot get your issue resolved, the complaint can be sent to the chief bailiff of the country (clause 3 of Article 123 No. 229-FZ). This measure is taken when the rights and interests of a citizen are violated by the chief bailiff of the subject of the Russian Federation in which his issue was considered.

Currently, the chief bailiff of the Russian Federation is Dmitry Vasilievich Aristov. A complaint addressed to him can be sent by registered mail or delivered in person to his office. Relatively recently, the option of filing a complaint online has also become available through the State Services website.

Often people who have encountered certain problems (in particular, non-return Money or property), the question arises where to complain about bailiffs.

What kind of service is this, why do you have to complain about its employees?

Bailiffs (executors) are at public service and are officials. Due to their functional responsibilities, are recognized to enforce decisions made by courts. They have many responsibilities, but their actions must always comply with legal requirements.

If any actions are recognized as unauthorized, then any citizen has the right to appeal them. Higher authorities should not leave complaints from citizens regarding this category of employees who have committed misconduct, without consideration.

What does the bailiff service do?

Bailiffs are engaged in the collection of funds, the return of property, in accordance with existing decisions of courts and other higher authorities.

The property of citizens who refuse to voluntarily fulfill their debt obligations to third parties is seized, and valuables or money are confiscated.

You can seize not only cash, but also amounts in bank accounts and cards.

It is worth noting: The executor must have only legal means by which he must collect the debt.

What actions are within the authority of the bailiff service when collecting money:

The bailiff has the right to make requests regarding the funds available to the debtor to repay the debt.
He has the right to seize accounts.
Travel to the address indicated in the claim document.
The duties of the bailiff are to carry out activities related to the search for the debtor if he does not live at the specified address. Employees law enforcement are obliged to provide assistance.

In addition, there are a number of other activities that comply with the law of the Russian Federation.

Rules of interaction

Bailiff at work

Whatever the bailiff is guided by when performing his duties, he has no right to deviate from existing laws.

If you come across a conscientious debtor who is in contact with the bailiff, then, as a rule, no problems arise with him.

The claimant has legal right monitor the work process related to his case, in accordance with Art. 50 Federal Law "On".

But relying only on production materials is not enough. The bailiff needs help from the claimant.

He has the right to provide his bailiff various kinds information about the debtor:

location;
contact phone numbers;
places where he often goes.

By communicating with the executor, the debtor helps himself in repaying the debt as quickly as possible. If a citizen notices that his business is making virtually no progress, he has every right complain about the bailiff's inaction.

Take into account: In order for the bailiff to see your interest in resolving the issue as quickly as possible, the collector has the right to keep the case under control.

Debt collection period

Collection times depend on many reasons.

You can also complain by calling hotline FSSP of your city.

Hotline numbers for Moscow

If you decide to write a complaint, use these recommendations:

When contacting the FSSP, find out the institution’s operating hours with citizens.
Citizens who require the services of bailiffs should familiarize themselves with their responsibilities and their rights.
Providing all possible assistance and confidential communication with the employee who is handling the case gives positive results.
If you notice violations of your rights by a bailiff, send a claim to him.

Expert advice: When visiting a FSSP employee, take notes of conversations and copy the necessary documents.

Watch the video, which explains in detail how to complain about bailiffs via the Internet:

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Complaint about the inaction of bailiffs: sample. A complaint against a bailiff allows a person who has suffered from the actions of the bailiff to restore his rights. The document can be sent to several government agencies at once. The presented sample will help you avoid making mistakes when writing a complaint.

The bailiff service was created to monitor the execution of court decisions. Employees of the organization have extensive powers to help the injured party achieve justice. But sometimes performers are negligent in their work. In this situation, a person must clearly understand where to complain about bailiffs. The document can be sent to several government agencies at once. Timely contacting the appropriate structures will allow a person to achieve compliance with his rights.

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In what cases is it possible to appeal against the actions of a bailiff?

Where to complain about bailiffs

To figure out where to write a complaint against bailiffs, you need to familiarize yourself with the provisions of Federal Law No. 229 (as amended on July 26, 2017). Legal act establishes a list of people who can help solve the problem. A complaint about the inaction of a bailiff can be written to the official responsible for the actions of the bailiff.

There are other government bodies that can prevent the inaction of bailiffs and have a beneficial effect on the execution court decision. If a person is faced with the fact of improper work on the part of a civil servant, he can contact:

Administration of the Russian Federation;
the court located at the place where the performer’s activities are carried out,
to the Administration of the President of the Russian Federation,
to the prosecutor's office.

Experts advise starting the proceedings by contacting a senior official. If it does not contribute to beneficial changes, you can move on to other authorities.

Procedure for writing a complaint

Application methods

A complaint about the inaction of a bailiff can be submitted to the appropriate authority in several ways:

personally,
through the Internet,
by mail,
through a representative.

If a person decides to submit a complaint on his own, he will need to put it in writing.

Important
The document must be drawn up in 2 copies. 1 option remains with the government agency, and the other is returned to the applicant. A person must ensure that his copy is stamped with an acceptance mark.

If a person sends a document by mail, it must be mandatory send by registered mail. When the application is received, the applicant will receive a notification about this. If a complaint is sent additional documents, you need to complete an inventory-attachment. You can find out all the nuances of the procedure by contacting us by email.

Fact
If the bailiff’s actions are directed to the bailiff via the Internet, a standard template must be used. Remote access will save time. However, the guarantee of receiving a response to the complaint in this situation is lower. For this reason, experts advise choosing other methods to transfer the application.

An appeal against the actions of a bailiff can also be made through a representative. Manipulation is carried out according to notarized power of attorney. It will need to be attached to the general package of documentation.

Deadlines for submission and review

A complaint against a bailiff must be sent to the appropriate government agency within 10 days. The beginning of the period is considered to be the moment of receipt of information about a violation of rights. After the deadline, the complaint will not be accepted. However, the period provided may be extended if the person was unable to submit the application in a timely manner for a valid reason. Such grounds include:

being on a business trip,
disease,
late receipt of a letter if the bailiff gave an answer in in writing.

Legal illiteracy on the list good reasons Excluded.

The period for considering a complaint against a bailiff cannot exceed 3 days. After the end of the period, the state body is obliged to submit decision in a written form. An official who has received a complaint against a bailiff may consider that it is justified and stop the unlawful actions of the bailiff, or refuse to comply with the applicant’s demands.

The order of actions of the bailiff may vary depending on which government agency the person sent the application to.

Judicially

The court can help restore violated rights. If a person is wondering how to appeal a bailiff’s decision, he can use a ready-made sample document to draw up a claim.

Important
The application form is not specified. You need to draw up a document based on the above tips.

Having received the complaint, the court schedules a hearing. During it, the parties express their opinions. Based on the data received, the government agency makes a decision.

Bodies of the SSP

If a person is sure that the executor of a court decision has violated his rights, restoring justice must begin by appealing to higher management. To do this, you will need to visit the SPP branch. There you can also get a sample complaint about the inaction of the bailiff.

If a complaint is made to the prosecutor's office against bailiffs, a sample can be obtained by visiting a branch of the government agency. The procedure for studying the circumstances of the incident lasts 30 days. During this time, he carefully studies all the nuances of the case. Government body Maybe:

announce a warning
bring your demands into the proceedings,
cancel the decision made by the executor.

If executive If it turns out that the application to the prosecutor's office against the bailiffs, a sample of which can be downloaded on the Internet, was drawn up with justification, a decision will be made to restore the rights of the victim. All consequences of dishonest actions of the bailiff will be eliminated within 30 days.

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