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Where to complain about the inaction of bailiffs: tips on paperwork

The question of where to complain about bailiffs often arises among those who are trying to repay old debts with their help.

Or simply remains dissatisfied with their results.

Relationships with bailiffs have their own characteristics, which are better to know in advance.

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When Can You Appeal?

The human factor cannot be excluded from the activities of any service. The bailiff service was no exception to the rule.

Some of them perform their duties without relying on existing laws. For example, they can cause serious harm not only to the property of the defendants, but also to the people themselves. Others do not comply with the instructions at all, or are very late with the deadlines, referring to permanent employment.

A common problem lies in the incompetence, dishonesty of the performers.

There is a federal law concerning enforcement proceedings. In its 18 Chapter it is written about when and for what actions you can complain. There are several types of actions for which it is applied:

Rude behavior towards debtors. Often occurs if the bailiff exceeds his authority.
Unreasonable inaction. Especially if a dishonest attitude to one's duties seriously affects the execution of court decisions.
If it is suspected that the bailiff received a bribe from the defendant. Which is why it doesn't do its job.
When performing other actions that violate those guaranteed by law.

About the deadline for filing a complaint

A complaint is filed within a maximum of 10 days from the moment when the following events occurred, after the issuance of a writ of execution:

Refused to take action.
Identification of inactivity.
Action that violates the law.

Filing a complaint and reporting lines

If the bailiffs with their actions / inactions became the cause of dissatisfaction, then the senior bailiffs are responsible for accepting the document. An exception is situations when the senior bailiff was responsible for the decision, to whom the performers were directly subordinate.
Bailiffs of the Russian Federation must accept appeals if objections were raised by executors in the bailiff service approved by the senior bailiff, or a resolution with his signature, the signature of the deputy. are given to those who are directly subordinate to the bailiff with a senior rank.
Complaints are taken over by the heads of bailiffs of the Russian Federation, if they relate to decisions adopted by those who replace the head, chief bailiffs in the constituent entities of the Russian Federation, together with their deputies.
Complaints can be submitted not only directly to higher authorities, but also through officials, whose actions have become a source of discontent.
After receiving a complaint, the official is obliged to redirect the document to a higher authority no later than three days after the document was accepted.
Individuals may withdraw their complaints before they are resolved. The same procedure applies to those who are interested in where to complain about bailiffs for alimony.

How to file a complaint against bailiffs?

It all starts with the fact that you need to go to the representatives of the bailiff service, where the writ of execution is located. It is important to pay attention to writing about familiarization with the documents on the enforcement proceedings themselves. You can get acquainted with this right when studying the 50th article of the Federal Law on enforcement proceedings.

The visitor necessarily writes out the details from the papers, the content of which becomes a source of dissatisfaction. After that, you can file a complaint with the bailiff.

An organization such as the office of the OSSP is involved in filing a complaint. It is important to make a copy of your appeal. On this copy, the office employee stamps that the documents have been accepted. If it is not possible to file a complaint in person, it is allowed to use the services of representatives.

If only they themselves provide a power of attorney that allows them to perform certain actions. Where to complain about the inaction of bailiffs, we have already answered.

How to file a complaint

From the very beginning, it is necessary to write complete information on the prosecutor's office, where the applicant applies.

He himself must give his personal data, including full name, address of residence, and so on.

The text of the complaint usually begins with a description of the court, not forgetting the essence of the decision that was made on it.

After that, the data relating to the details of the enforcement proceedings, the writ of execution are indicated.

The main thing is not to forget about the initials of the bailiff and the description of his position.

Then they describe the illegal actions of the performers. Or phenomena that can be attributed to inaction.

Complaints end with a list of requirements for prosecutors. Applications are written here, if any. Be sure to have the date of the applicant with a personal signature. Otherwise, there is a high probability that the complaint will be ignored.

On the consideration of complaints to the prosecutor about the inaction of bailiffs

The legislation allocates 15-30 days for the state authorities to accept the complaint and consider it. In each case, the timing is precisely determined depending on whether additional checks are needed for the facts indicated in.

Interested parties must receive a notification of the results of work with documents in writing.

Appeal to higher structures is the right of every visitor if the response to a complaint seems unreasonable. Or the actions of the bailiff are appealed in court.

The prosecutor may issue a ruling on the elimination of violations if he considers the information provided in the complaint justified. Then the perpetrators are brought to. Or other measures of prosecutorial regulation are applied.

What you need to know when preparing a complaint

Terms of 10 days are also given to the court to complete the consideration. Special time frames have been created, specifically for cases when complaints are filed against bailiffs. In particular, the 10-day rule is described in Article 257 of the Code of Civil Procedure of the Russian Federation. In addition, the norm is fixed in two other provisions: clause 2, part 1, article 200 of the Arbitration Procedure Code of the Russian Federation, part 4, article 128 of the Federal Law “On Enforcement Proceedings”. This period for considering a complaint is considered one of the shortest.
The filing of a complaint must be completed before the end of the 10-day period from the time when the act, the commission of which is recognized as illegal, is revealed. If the deadline of ten days has been missed, then it is necessary to write a petition for it to be restored. Such a statement is sent to the court. But the term is restored only if there are valid ones. For example: the decision is issued by the bailiff, but the debtor does not attribute it, but they forget to do it. Because of what, the debtor learns about the document already after ten days allotted by law. The bailiff actually did not fulfill his obligations to send a copy of the application to the debtor. Therefore, the ten-day period is considered from the moment when he practically found out about his problem.
When drawing up complaints about the actions of bailiffs, the payment of a state fee is not required. This is not affected by where exactly the complaint is sent, to which state body. This benefit is valid in accordance with the Tax Code of the Russian Federation. The absence of a state duty in this case cannot be the reason that applications are left without consideration.
If actions/inactions are recognized as unreasonable, court decisions immediately come into force and must be immediately executed. There is always the right to appeal decisions to higher courts, as in any other proceedings. But, immediately after the court accepts the illegality of the actions of the bailiffs, the decisions behind the authorship of the latter lose their force.

If we talk about ordinary economic disputes, then the losing party has a month until the decision comes into force. This is if the decision is made by the court of first instance. If the decision is appealed, then the losing party has the entire term until a decision is made by a court related to the appellate instance.

The losing party can use this time to take any action, dispose of their property, and so on. Unless, of course, there are no interim measures.

For example, if three days are given to start production, but he hesitates with this, such inaction is considered to be passing within the framework of the law. A complaint can be filed if the obligations are not fulfilled even on the fourth day.

But sometimes it happens that performers refuse to carry out certain actions. Then the complainants need to carefully study the decisions of the performers before proceeding to draw up a complaint. In the process of compiling a document, it is necessary to use exactly the wording that is available in the sample source papers.

There are a few important steps you need to go through before submitting your complaint to the appropriate authority.

It is important to collect enough evidence that would confirm the illegality of actions or inactions. You need to make sure that the information can be appealed, is fully true.
It is recommended to pay as much attention as possible to writing the complaint itself. It is important to avoid mistakes in the process of filling out the form. For example, special attention is paid to the listing of all the details necessary for the consideration of the case.

It is allowed to file complaints through authorized representatives.

About additional features

Claimants have to record the facts if violations are already detected in the process of performing work that is in the field of enforcement proceedings. And then move on to the actual filing of complaints against employees whose behavior raised questions.

Such an application is submitted in free form, it does not have an exact sample.

Filing an application to the court by way of subordination is not the only available opportunity to challenge the behavior of a person if necessary. Applications can be submitted to the same court where all participants received writ of execution.

It is better to consult in advance about how applications are submitted.

We use a formal business style for filing complaints. But do not abuse highly specialized legal terms. The presence of emotional expressions and superfluous words in the document is unacceptable. A laconic, extremely clear and concise form is the optimal solution. Collective complaints help to achieve a better result.

Such complaints can be called one of the most democratic ways to resolve conflict situations. The main thing is that they themselves, and the opposite sides, adequately react to the current situation.

How to complain about a bailiff - on the video: