A complaint against a bailiff is a common occurrence in legal practice. Despite the rather narrow focus of the organization’s activities, a lot of people write about its officials. Papers go through all instances, services and judicial levels.

What causes complaints?

Citizens and organizations send complaints against the bailiff for various reasons. They consist either in inaction or in incorrect actions thereof. There may be several reasons:

• The bailiff is illegally trying to close the proceedings.
• Does not use his authority to achieve results.
• Execution measures were carried out in violation of procedural rules.
• The deadlines for enforcement proceedings are not met.

You can evaluate the correctness of the official’s actions by familiarizing yourself with two laws: “On Enforcement Proceedings” and “On Bailiffs”. The second act is very interesting. It contains, for example, provisions on how the bailiff has the right to enter the debtor’s home. If you are dissatisfied with the actions of this employee, you can write a corresponding document. In order for a complaint against a bailiff to be effective, familiarize yourself with the current legislation, as adjustments are periodically made to it.

Assistance is provided by lawyers who have either previously worked in the service or have experience in drawing up relevant documentation. Every situation is unique. You can’t fit it into one template, otherwise then everything would be much simpler. Therefore, if you are not confident in the correctness of your own actions, it is advisable to contact a lawyer, at least for advice.

What opportunities does the production side have?

The document must be prepared on the basis of production materials. Otherwise, the statement will not have the desired effect. represents a continuation of the trial. Each party has the opportunity to familiarize itself with the case materials. This way you can check what the performer did and when in a particular case.

A complaint about the inaction of a bailiff often shows that the official is deceiving citizens by talking about work done that he did not do. It’s worth looking into the folder with materials, but it’s empty. The claimant or debtor may:

1. Get acquainted with the case materials.
2. Make extracts and copies using cameras or phones. Now almost every person has such an opportunity.
3. File a complaint against bailiffs.
4. Ask to take certain actions. For example, impose restrictions on driving vehicles.

Statements of inaction or illegal actions are sent, at the choice of the complainant, to higher authorities, or to the court. It is considered more profitable to send the papers directly to the final authority. They have no interest in statistics. The chief of bailiffs can react faster and cancel the absurd decisions of his subordinate. Losing in court is much worse than a decision within the service. Much is still determined by the relationships between authorities in the region.

How to prepare material for a complaint

First of all, you need to familiarize yourself with the production. A request for this is submitted to the office of the service. It is advisable for the applicant to keep a copy with a note that the document has been accepted. In the document folder you need to find the following information:

• Sending requests to banks, traffic police, Rosreestr.
• Have there been any attempts to restrict the debtor’s driving privileges?
• Were measures taken to enter the debtor’s home?
• Did the bailiff use the information provided to him by the claimant?

Savings and money can be kept in accounts in banks or other financial institutions. What can the claimant tell you? He can point out valuable property (jewelry, real estate, cars) that belongs to him. At the same time, land and housing do not have to be registered.

The complaint about the inaction of the bailiff is based on the fact that the official does not use the authority to register the rights of the debtor for the further purpose of its implementation. It is possible to prove that the executor knows about the debtor’s property with copies of statements. They are submitted either to the office or sent by mail.

How do you complain to your boss?

A complaint against a bailiff is written according to one scheme. The reasons that made a person do this are not particularly important. The paper is drawn up in accordance with the provisions of the law “On Enforcement Proceedings” or procedural legislation. Papers submitted to the court are also drawn up according to a single scheme, but we will talk about it later. Government agencies practice accepting complaints via the Internet, but so far it is difficult to call the system effective.

Is it worth complaining to the prosecutor's office?

You can also write a complaint against bailiffs to prosecutors. They are obliged to check the legality of their actions based on citizens' statements. They can also go to court to protect their rights or state interests. There is an official letter regarding issues of enforcement proceedings. In fact, prosecutors will refer citizens to superiors at the appropriate level or to court.

It makes sense to go to them when the stages of serving as bailiffs have been completed, or there is a suspicion of corruption or crime. At the same time, while defending your rights, you must not miss all the opportunities - suddenly the system will work. Inaction has never helped anyone. At the same time, you need to justify your complaints and not allow overly emotional behavior.

Every citizen is given the opportunity to protect his interests. This can be done by filing a claim in court or appealing decisions, decisions, or behavior of officials. This possibility also extends to the period of application of coercive measures. Let us consider further how a complaint against the bailiff service is drawn up.

When does the need to challenge arise?

Samples of complaints against bailiffs indicate a wide variety of reasons why citizens want to file an application. One of the main ones is the failure of an official to comply with legal requirements. For example, a creditor can convince an unscrupulous bailiff to issue a ruling on an expired writ of execution or begin forced proceedings without defining a period for the debtor to voluntarily fulfill his obligations. There are often cases when the defendant’s property is seized, the value of which is several times higher than the amount of debt imposed by the decision. You can also file a complaint against bailiffs if they deny you the opportunity to familiarize yourself with the materials of the proceedings.

Normative base

A complaint against a bailiff is drawn up in the manner prescribed in Chapter. 18 Federal Law No. 229. The rules are also formulated in Law No. 4866-1. According to its provisions, a complaint can also be filed against the actions of a bailiff and decisions of an official that violate the freedoms and interests of citizens.

What is the deadline for submitting an appeal?

Consideration of claims is carried out by an authorized authority in accordance with the rules provided for in Chapter. 25 Civil Procedure Code. A complaint against a bailiff's decision can be sent within 10 days from the date of its issuance. In practice, there are cases when the debtor is not notified in time about the start of proceedings. In this case, a complaint is filed against the bailiff’s inaction. It is sent within ten days, the calculation of which begins from the moment when the citizen became or should have become aware of the start of the proceedings. If the established period is missed, a citizen has the right to write a petition for its restoration. The application must state valid reasons and provide evidence. If the court considers the grounds for missing the deadline to be insufficient, the petition will not be granted.

Reporting order

Appeals against the actions of the bailiff and the acts adopted by him are carried out in the city (district) court. The application is sent to the authority where the official performs his duties. During the consideration of the claim, the official will be required to prove that his behavior complies with the law. A complaint to the senior bailiff is sent to acts adopted by a person subordinate to him, except for those approved by him. A complaint to a superior person is also addressed in the event of challenging the behavior of a representative of the FSSP. A complaint against a bailiff, his behavior and approved acts is sent to the head of a unit of a constituent entity of the Russian Federation. This rule also applies to statements challenging the behavior of department heads and their deputies. A complaint against a bailiff (his behavior and acts adopted by him) can be sent either directly to higher officials of the SSP, or through the employee against whom the claims are made.

Procedure for consideration

A complaint against a bailiff is sent to the management of the employees whose acts and behavior are disputed within three days from the date of its receipt. If the official who received the application does not have the authority to consider it, he is obliged to transfer the application to an authorized specialist by sending a written notification to the applicant. The latter may withdraw the claim before a decision is made on it.

Compilation requirements

A complaint against a bailiff (his behavior or acts adopted by him) must be made in writing. The application must be certified by the signature of the applicant or his representative. In the latter case, the claim must be accompanied by a document confirming the authority of the person.

The content of the appeal must indicate:

1. Full name, position of the bailiff whose behavior, refusal or adopted act is disputed.
2. FULL NAME. citizen or name of organization, place of stay (residence, location) of the applicant.
3. The grounds on which a claim is made regarding the behavior, act adopted, or refusal of an official.
4. Directly the applicant's requirements.

Important point

When sending a claim, the applicant may not attach documents confirming the circumstances cited in it. If the presence of this evidence will be important when considering the complaint, the official authorized to consider it may request it. In this case, the period during which the claim is being processed will be suspended until the necessary documents are received, but for no more than ten days.

Terms of consideration

A complaint filed in the order of subordination must be verified within 10 days from the date of receipt. Review is carried out only by an authorized person. If a complaint about the behavior of the bailiff or the act adopted by him is accepted by the court, the verification of the claim filed in the order of subordination is suspended.

Cases of challenge

The decisions of the bailiff, his behavior to ensure the implementation of the obligations established in the decision of the authorized body can be appealed to a general jurisdiction body or arbitration. The authority must be located in the territory where the specified official carries out his work. A claim may be submitted during execution:

1. Requirements contained in documents adopted regarding citizens or organizations engaged in business without forming a legal entity.
2. A writ of execution, which is issued in an arbitration court.
3. The bailiff's decision made on the basis of Part 6 of Art. 30 of the above Federal Law, if the debtor is a citizen or an organization engaged in business without forming a legal entity, and the proceedings have been started in connection with its commercial activities.
4. Other cases provided for in the APC.

In situations not listed in Part 2 of this article, the claim is sent to an authority of general jurisdiction. The authorized body considers the received application within 10 days in the manner established in the procedural legislation of the Russian Federation and taking into account the features provided for in the Federal Law.

Nuances of filling out a claim

In the part where the details of the parties should be, the name of the body to which the complaint is addressed should be accurately indicated. The application must include the position and full name. persons whose behavior or adopted act is disputed. This information appears after the word "complaint". The content of the claim should present the events in the order in which they occurred. If, for example, the citizen was not notified that enforcement proceedings had been initiated, it is necessary to cite the circumstances that occurred at that time. If he was absent and therefore did not receive notice, he should indicate the reason and location, and attach documents confirming that the reasons were valid. If a citizen turned to the bailiff with a request to familiarize himself with the materials of the proceedings, but was refused, the words and actions of the official must be clearly stated. Directly during the application, you can ask to write an explanation of your behavior. If the bailiff refuses to do this, then this should also be indicated in the complaint. As stated above, it is not necessary to attach documents proving the illegality of the official’s behavior. However, experts recommend still filing a complaint with them.

This will prevent the claim process from being delayed. When describing the circumstances, it would be nice to provide references to legislative acts. A qualified lawyer can help with this. Your requirements must be stated clearly, so that they cannot be interpreted in two ways. At the end of the application you need to list the documents attached to it. At the very end, be sure to sign and put a number. If the claim is made correctly, it will be considered. If the registration procedure is not followed, the complaint will be returned.

Alternative option

There is another way to fight unscrupulous officials, besides filing a complaint about their behavior or adopted acts. It consists of giving publicity to the ongoing arbitrariness in regional and city media. As practice shows, officials are not at all happy with the prospect of being negative characters in television stories or newspaper or magazine articles. Such radical actions by debtors, as a rule, entail verification of the competence of all activities of the employee, and in some cases, the entire department. As a result, the matter is placed under the control of senior managers.
Identified violations of legislative norms entail administrative and disciplinary liability, the imposition of penalties, recording of cases in personal files, removal from service and many other unpleasant consequences. The public outcry does not allow the case to be left without consideration or to be “unsubscribed” from the claim. Giving publicity to such cases has a negative impact on the reputation of the FSSP. In some cases, going to the media can be even more effective than appealing against decisions or behavior of bailiffs in the prescribed manner.

Finally

What method will be used to protect rights is up to everyone to choose for themselves. However, in any case, it must be remembered that actions must not contradict the law. For those who choose to appeal in accordance with the procedure established by the Federal Law, they should carefully study the requirements of the norms and observe the period during which a claim can be submitted. If necessary, you can seek advice from a qualified lawyer.

Alexey Dudin

Published July 25, 2012

How to find a bailiff's office

During enforcement proceedings a citizen may want to appeal the actions or inactions of the bailiff, or a decision issued by him. There can be a great many reasons for such a desire to arise in a person with an outstanding debt, especially when the bailiff does not want to comply with the requirements of the law. An unscrupulous bailiff, engaged by a creditor, may, for example, issue a resolution to initiate enforcement proceedings on a writ of execution with an expired deadline for presentation for execution, or begin the enforcement procedure without first setting a deadline for the debtor for voluntary execution. Or, say, to seize the debtor’s property, the value of which significantly exceeds the amount of debt specified in the writ of execution. Also, there may be a refusal to provide the opportunity to familiarize yourself with the materials of the enforcement proceedings and many other similar points.

Whatever the reason for filing a complaint, it is important for a citizen-debtor to clearly understand how he can “find justice” for an overly zealous, or, on the contrary, too slow bailiff.

There are three options for appealing the actions, inactions or decisions of the bailiff.

The first option is to file a complaint with higher management bailiff. Second- in the direction of the complaint to the prosecutor's office. Third- in filing a complaint to court.

According to the provisions of Article 122 of the Federal Law “On Enforcement Proceedings”, a complaint against a decision of an official of the bailiff service, his actions (inaction) is filed within ten days from the date the bailiff or other official issued the decision, committed the action, established the fact of his inaction or refusal to challenge.

If a citizen who wishes to file a complaint was not notified of the time and place of the bailiff performing the contested actions, then the complaint can be filed within ten days from the day the citizen learned or should have known about the issuance of the decision, the commission of actions (inaction) .

The complaint must be submitted in writing and must contain the signature of the person submitting it. If the complaint is filed not by the debtor himself, but by his representative, then a power of attorney or other document certifying the authority of the representative must be attached to the complaint.

In the header of the complaint you must write where it is being submitted.

The text of the complaint must indicate:

• 1) position, surname, initials of the official of the bailiff service, resolution, actions (inaction), the refusal to perform whose actions are being appealed;
• 2) last name, first name, patronymic of the citizen filing the complaint, place of residence or place of stay of the citizen;
• 3) the grounds on which the decision of the official of the bailiff service is appealed, his actions (inaction), refusal to take actions;
• 4) the requirements of the person filing the complaint.

If the complaint is filed in court, then it is important to focus onprovisions of the Civil Procedure Code of the Russian Federation(about jurisdiction, the procedure for drawing up and submitting an application to the court, etc.). There is no requirement to pay a state fee when filing a complaint, since by virtue of the provisions of subparagraph 7 of paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation, citizens are exempt from paying state fees in cases heard in courts of general jurisdiction, as well as by magistrates when filing complaints against the actions (inaction) of a bailiff -performer. It is important to keep in mind that, in accordance with Part 2 of Article 126 of the Federal Law “On Enforcement Proceedings,” the court’s acceptance for consideration of an application (complaint) challenging a decision, actions (inaction) of an official of the bailiff service suspends consideration of the complaint filed in the order of subordination.

Consideration of a complaint filed in the order of subordination, i.e. to the higher management of the bailiff, as stated in Part 1 of Article 126 of the Federal Law “On Enforcement Proceedings”, within ten days from the date of its receipt. A copy of the decision adopted based on the results of consideration of the complaint is sent to the person who filed the complaint no later than three days from the date of adoption of the said decision.

Consideration of a complaint filed with the prosecutor's office carried out in accordance with paragraph 2 of Article 10 of the Federal Law “On the Prosecutor's Office of the Russian Federation”, as well as paragraph 5.1. Instructions “On the procedure for considering applications and receiving citizens in the system of the Prosecutor’s Office of the Russian Federation” (approved by Order of the Prosecutor General of December 17, 2007 No. 200; as amended by Orders of the Prosecutor General’s Office of the Russian Federation dated September 5, 2008 No. 178, dated March 17, 2010 No. 113, dated May 31, 2011, No. 154) within 30 days from the date of their registration with the prosecutor's office of the Russian Federation, and those that do not require additional study and verification - no later than 15 days.

Consideration of the complaint by the court, in accordance with the provisions of Part 4 of Article 128 of the Federal Law “On Enforcement Proceedings”, is carried out within ten days according to the rules established by the procedural legislation of the Russian Federation, taking into account the features established by the provisions of the Federal Law “On Enforcement Proceedings”.

Find justice for an unscrupulous or negligent bailiff in addition to appealing against his actions, inactions and decisions in the manner prescribed by law it is also possible by publicizing the current lawlessness in regional and federal media. The practice of enforcement proceedings, in respect of which PR support is provided, shows that bailiffs and their managers are not happy with the prospect of becoming a negative character in a television story, or a printed publication in a magazine (newspaper, electronic media). The debtor's disclosure of existing facts of violation of the law by a bailiff, as a rule, leads to internal inspections of the activities of the corresponding bailiff service employee, placing the case under the control of senior management, disciplinary sanctions and other negative aspects. In addition, the emergence of a public outcry makes it impossible to “unsubscribe”, “let everything go,” “drop the complaint,” or “hush up the matter.” In this regard, contacting the media regarding illegal actions (inactions or decisions) of a bailiff or promising such an appeal in some cases may be more effective than the usual appeal procedure.

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A complaint against a bailiff is the only way to stop abuse of power. There are cases that the bailiff leaves the execution of the proceedings without progress. Then you have to defend your rights and defend your interests on your own. The article discusses in detail the step-by-step action to eliminate negligence that may arise on the part of the bailiff.

The following are common incidents that give rise to a complaint against a bailiff:

• Failure to comply with court decisions regarding collections from the debtor.
• Missing a production deadline.
• Inaction of the bailiff. This clause includes refusal of full execution or partial provision of claims.
• A bailiff cannot be an interested party in enforcement proceedings, nor can he have friendly relations with the debtor or defendant in the case under consideration. If this happens, he is obliged to recuse himself. There are situations when the bailiff does not do this, which is the reason for the complaint.
• The debtor was not properly notified of the existence of the debt, and his property had already been seized.
• You received a namesake fine. In practice, there are situations when there are several people with the same last name and initials, that is, in fact, identical data up to the same place of birth.
• There was no ban on traveling abroad, which helped the debtor to hide and evade responsibility.
• Alimony was not forcibly withheld from the defendant. Proceedings in the case were initiated, but the bailiff did not take any action to ensure the execution of the court decision. (Salaries were not garnished, accounts were not seized, property was sold).
• The fine for the same enforcement proceedings was collected 2 or more times. The mistake in this case was made not only by the bailiff, but also by the bank employees. You should understand this situation in detail. Sometimes it’s enough to just call the FSSP and tell them about the problem that has arisen.
• The ban on registration actions was not issued and presented on time, as a result of which the debtor managed to sell the property and transfer the company to another owner.
• The search for the debtor was not carried out. Do not hesitate; a complaint about the inaction of the bailiff must be sent immediately.
• The fine for the administrative offense was paid within the allotted time, and the bailiff sent you a double fine in accordance with Art. 20. 25 Code of Administrative Offenses of the Russian Federation. As evidence of your innocence, you should attach a receipt for payment of fines.
• The defendant was not given the opportunity to comply with the sanctions voluntarily.

Where should the complaint be filed?

Senior bailiff

There are many options to influence a bailiff who does not want to fulfill his direct duties. One option is to complain about the actions of the bailiff to the senior bailiff.

What should I do? Describe in detail the actions of the bailiff that violate your rights or interests in enforcement proceedings. If you have documents confirming unfounded demands, include them in the appendix to the complaint.

You can send documents by registered mail with acknowledgment of receipt or take them to the office. If you chose option 2, then make 2 copies and ask to register the document (put the incoming one with the number and date of acceptance).

Another option is to file a claim online.

Important! The period for consideration of a complaint by a senior bailiff is 10 days.

If you are denied consideration of your complaint, then forward it to a higher authority - the regional SSP Office. Then she will not only be sent back to the senior bailiff, but also taken under the control of the Department.

How to correctly write a complaint against the actions of a bailiff?

Writing a complaint against a bailiff is quite simple, following the step-by-step scheme:

1. Select the government structure to which the claim will be sent directly (SSP Office, court, prosecutor's office, senior bailiff).
2. In the upper right corner, enter the following information:
   • For the plaintiff - full name, address, contact phone number.
   • Information about the defendant - position, full name.
3. Indicate the reason motivating you to write a complaint (action, inaction of the SSP employee, negligence, personal interest in the case, failure to comply with the deadlines for enforcement proceedings, etc.).
4. Next, write down your demands: eliminate the violation, restore the missed deadline, transfer the case to another contractor.
5. Attach evidence.
6. Sign with transcript and date.

Attention! When writing a complaint, do not forget to refer to current legislation.

How can I file a complaint?

There are 3 ways to submit a claim:

1. personal submission;
2. mailing;
3. Internet.

Having chosen the first method, you should adhere to the following tips:

• make a copy of the documents;
• register 1 copy in the office (include the entry number with the date of acceptance);
• from the moment of registration, the countdown for providing a response begins;
• When sending by mail, be sure to choose a letter with a return notification of receipt and a description of the attachment.

Important! Not all post offices have a list of documents provided. This service is available at the central post office.

When the letter reaches the address, an absentee slip will be returned with the date of receipt written on it and a signature.

When submitting electronically, the response will come either by email or to the postal address specified by the applicant.

What are the deadlines for reviewing a complaint?

The senior bailiff is given 10 days to respond.

At a court hearing, the application is considered within 10 days, since enforcement proceedings in the case cannot be suspended for a longer period.

A prosecutor's investigation into a complaint against the actions of SSP employees is considered within 30 days. If additional documents are requested, the period may be extended.

The response to an application submitted online is 30 days.

What to do if you are refused?

Possible reasons for refusing to accept a complaint or leaving it without consideration may include the following factors:

• incorrect design;
• appealing the enforcement fee specified in the resolution (not subject to change, established in accordance with current legislation);
• deadlines for appeal were missed and were not reinstated;
• use of obscene language;
• a court decision was previously made on a similar claim;
• consideration of this issue is not within the competence of the MSP.

If you are rejected by one of the authorities, then forward the complaint to the SSP Office or the judicial authorities.

If the registration is improper, apply for reinstatement of the deadline. Then write a claim in the prescribed form.

Do not forget, when protecting your rights, you should use any legal methods of influence.