We continue to understand the issue of enforcement of court decisions. Quite often situations arise when the debtor or the collector does not agree with the actions of the bailiff. I propose to discuss the issue of where you can complain if, in your opinion, the bailiff is breaking the law.

Current legislation provides two main ways, with the help of which we can defend our interests:

1. by filing a complaint in the order of subordination, that is, to the authorities under whose subordination the offending bailiff is (Article 123 of the Federal Law “On Enforcement Proceedings”);


2. by filing a complaint against the decisions of the bailiff, his actions (inaction) to the arbitration court or court of general jurisdiction in the area of ​​​​activity of which the specified person performs his duties (Article 128 of the Federal Law “On Enforcement Proceedings”).

This article will discuss how to file a complaint in the chain of command. Let me start with the fact that both the actions of the bailiff (for example, issuing a decision that violates your rights) and his inaction (that is, if the bailiff does not take any steps that he is required to take by law) can be appealed.

What is the deadline to file a complaint against the bailiff?

A complaint against a decision of an official of the bailiff service, his actions (inaction) is filed within ten days from the day the bailiff performed the action (establishing the fact of his inaction). Moreover, if you were not informed about when the bailiff will carry out certain actions, you have the right to appeal them within ten days from the moment you learned about them (Article 122 of the Federal Law “On Enforcement Proceedings”).

Example A bailiff makes a decision and sends a copy of it to the debtor by mail. The debtor receives it after 20 days. If he does not agree with the bailiff’s decision, he has the right to file a complaint within 10 days not from the moment of issuance bailiff of the decision, and from the moment of receipt copies of the document by mail. I would like to draw your attention to the fact that in this case it is necessary to take care of evidence that the deadline for appeal has not been missed. Such evidence can be a postal notification indicating the date of receipt by the addressee of the letter or another document with a stamp of the time of receipt.

Who to complain to

The law on enforcement proceedings provides for many options, depending on which official issued the act being appealed or committed the action (inaction). Let's try to figure it out. So:

• if we do not agree with the decision of the bailiff, his actions, or inactions, we complain to the senior bailiff under whose subordination he is;


• if the appealed decision of the bailiff was approved by his immediate superior - the senior bailiff - we turn to the chief bailiff of the constituent entity of the Russian Federation, under whose subordination is the senior bailiff;


• if you do not agree with the decisions, actions or inactions of the senior bailiff, we also contact the chief bailiff of the constituent entity of the Russian Federation, who is subordinate to the senior bailiff;


• a complaint against the decision of the deputy chief bailiff of the Russian Federation, the chief bailiff of a constituent entity of the Russian Federation, his deputy, as well as their actions (inaction) is submitted to the chief bailiff of the Russian Federation (Article 123 of the Federal Law “On Enforcement Proceedings”).

As we see, the last authority to which we can turn in the order of subordination if our rights are violated during enforcement proceedings is the chief bailiff of the Russian Federation.

How to file a complaint against a bailiff

So, if you decide to complain about the bailiff, I suggest the following option. First, you need to contact the department of the bailiff service, in which the writ of execution is located, with an application to familiarize yourself with the materials of the enforcement proceedings (this right is enshrined in Article 50 of the Federal Law “On Enforcement Proceedings”, you can read more about this in my article “Rights of the parties in enforcement proceedings”) production"). After reviewing, having written out from the case all the necessary details of the documents with which we do not agree, we file a complaint with the senior bailiff. The complaint is submitted through the OSSP office; do not forget to make a copy of it, on which the office employee must put a mark on its acceptance. If you are unable to file a complaint in person, you have the right to do so through a representative (in which case he will need to provide a power of attorney to perform such actions) or send a complaint by registered mail with return receipt requested. If you do not agree with how your issue was resolved, you have the right to appeal further to the chief bailiff of the subject of the Russian Federation, etc. Any authority must consider your complaint within ten days from the moment of its receipt (Article 126 of the Federal Law “On Enforcement Proceedings”).

What to write in a complaint

Art. 124 of the Federal Law “On Enforcement Proceedings” provides for a number of requirements for a complaint. Thus, the complaint is drawn up in writing, signed by the person who filed it or his representative. In addition, it must indicate:

• position, surname, initials of the official of the bailiff service, resolution, actions (inaction), refusal to perform whose actions are being appealed;


• surname, name, patronymic of the citizen or name of the organization that filed the complaint, place of residence or place of stay of the citizen or location of the organization;


• the grounds on which the decision of the official of the bailiff service, his actions (inaction), refusal to take action are appealed;


• requirements of the person filing the complaint.

Result of the complaint consideration

After considering the complaint filed in the order of subordination, the official adopts an appropriate resolution. If the complaint is found to be legitimate, the official has the right to make one of the following decisions:

• cancel the decision (moreover, it can be canceled either completely or partially);


• cancel the adopted resolution and make a new decision (either independently or by obliging the bailiff to do so);


• recognize actions (inaction), refusal to commit actions as unlawful and determine measures that must be taken in order to eliminate the violations committed (clause 3 of article 127 of the Federal Law “On Enforcement Proceedings”).

Grounds for refusing to satisfy a complaint against a bailiff

If the official considering your complaint comes to the conclusion that the bailiff acted within the law, the complaint will be denied (clause 2 of Article 127 of the Federal Law “On Enforcement Proceedings”). In addition, consideration of a complaint may be refused on the following grounds:

• the order of the bailiff to collect the enforcement fee or impose a fine is appealed;


• the established deadlines for appeal were not met and the person who filed the complaint did not file a petition to restore the missed deadline for appeal or such a petition was rejected;


• the complaint in form and content does not comply with the requirements of the law;


• the court made a decision on a complaint of similar content;


• The subject of this complaint is the decision, actions (inaction) of a person who is not an official of the bailiff service (Article 125 of the Federal Law “On Enforcement Proceedings”).

Summarize

If we do not agree with the actions of the bailiff carried out within the framework of enforcement proceedings, or we have reason to believe that his decisions violate the law, we have the right to complain. One of the options is a complaint in the order of subordination, that is, to the immediate superior of the offending bailiff. Such a complaint must be filed within 10 days from the moment the bailiff violated the law or from the moment you learned about it. Your application will be considered if it was submitted in writing and contained all the necessary details. Based on the results of consideration of the complaint, a decision will be made, a copy of which will be sent to you no later than three days from the date of its adoption. Application. Sample complaint

To whom: ______________________ ,

address: ______________

from whom: ________________ ( Full name. fully)

Address (tel.): ______________________________

COMPLAINT

on the action (inaction) of an official of the bailiff service

I, ____________________( Full Name), I am ___________________ ( debtor, claimant, interested party) for enforcement proceedings No. ______________________, which is being executed by the bailiff __________________________ ( Full Name) Bailiff Service Department ____________________________.

Debtor ( collector) for enforcement proceedings is _______________________ ( FULL NAME. citizen, name of organization).

Substance of the complaint: _______________________________________________________________ (a brief summary of the appealed decision, actions (inaction) of the bailiff; indicate the reasons why the person filing the complaint does not agree with the decision of the official).

In this regard and on the basis of Art. 50 of the Federal Law "On Enforcement Proceedings"

ASK:

1. Declare illegal the resolution, actions (inaction) of an official of the bailiff service_______________________________ ( FULL NAME. official of the bailiff service, territorial department of the bailiff service) _____________________________ (appealed decision, actions (inaction)

2. Oblige _________________________________ ( take the action necessary to eliminate violations of the legislation on enforcement proceedings)

Application:

________________________ (Copies of necessary documents; a power of attorney is attached to the complaint signed by the representative)

Applicant ___________________________ "___"___________ 200 __ g.

Winning a case in court for debt collection or financial compensation is only half the way to satisfying the requirements presented in. Fulfillment of debt obligations by the defendant is often delayed for many months or even years. The speed and completeness of collection of funds in favor of the plaintiff directly depend on the effectiveness of the bailiff. But often they are inactive, and enforcement proceedings do not move forward. In such cases, it is necessary to stimulate the work of bailiffs by filing a complaint with the appropriate authorities.

The duties of the bailiff are to enforce the court decision, including the collection of funds. During enforcement proceedings, the bailiff may have access to the debtor's accounts and property. To achieve a result and quickly close the case, simply informing the citizen about the obligation to pay the amount determined by the court is not enough. The bailiff has the right:

• Determine the actual location of the debtor on your own or with the involvement of law enforcement agencies, including putting an individual evading payments on the federal wanted list.
• Request information from banks about the status of accounts, the availability of securities, and financial transactions of the client of interest.
• Seize the debtor's debit accounts.
• Enter a citizen’s home to assess and inventory property.
• Seize property for further transfer to the claimant or sale in accordance with the accepted procedure.
• Prohibit the departure of a citizen from the territory of the Russian Federation
• In some cases, involve the employer to withhold the amount of mandatory payments from wages (for example, in the case of alimony)

However, many bailiffs limit themselves to regular calls and email notifications, which does not produce any results.

What can be considered inaction

The absence of any measures that can speed up the payment of debt to the collector can be regarded as inaction. But failure to comply with a court decision within 2 months does not mean that the bailiff did nothing. First you need to familiarize yourself with the progress of the IP. The collector has the opportunity to contact the executor, provide additional information about the debtor (contacts, addresses), and request information about the work done.

Before direct collection by the court, a writ of execution must be drawn up within 3 days. If all the rules are followed, and the bailiff does not rush to find the debtor and withdraw the due amount from him, the plaintiff can file a complaint.

Where to file a complaint

The norms and rules of interaction of all participants in enforcement proceedings are prescribed in the relevant federal law N229-FZ. The procedure for appeals in cases of ineffective work of performers is also described here.

In Russia there is a Bailiff Service, which is represented in every region. If you are dissatisfied with the quality of performance of official duties of a particular bailiff, you must contact his immediate superior, the senior bailiff. A written complaint must be responded to within 30 days. A greater effect will be achieved by filing a complaint with the regional service manager or posting a complaint on the official website of the FSSP. In this case, the matter will be under the control of senior management until the full completion of production.

The prosecutor's office also has the authority to control the work of the SSP. Based on the claimant’s complaint, within a period of no more than 1 month, an internal investigation should be carried out into the fact of violation of a citizen’s rights as a result of the inaction of the executor. As a result, punitive measures are taken against the unscrupulous employee, and the claimant’s demands are satisfied.

The inaction of a bailiff can be declared illegal through the district court by filing a statement of claim. In less than 10 days, a decision is made, in most cases in favor of the plaintiff. Legal costs are paid at the expense of the FSSP.

Rules for filing a complaint

In order for regulatory authorities to respond correctly to a complaint, it is important to draft it correctly. When applying through the site, you can use the forms provided. If the document is drawn up independently, the following information is required:

• The service or body to which the complaint is sent.
• Applicant details (full name, contacts)
• Information about the bailiff against whom the complaint is being made.
• Brief content of the court decision and the number of the proceedings.
• Signs of inaction of an employee leading an individual entrepreneur.
• List of violated rights of the applicant.
• The essence of the complaint is a request for recognition of the fact of the bailiff’s inaction and violation of the current legislation.
• Date, signature.

If there is documentary evidence, it is important to attach it to the complaint. This will contribute to the supervisory authorities making a decision in favor of the applicant.

The bailiff is obliged to put the court decision into effect, that is, the plaintiff must receive the amount due from the debtor within the time period established by law. There are circumstances that objectively prevent this. But if enforcement proceedings do not proceed solely because of inaction, the claimant has the right to complain about it to higher authorities in order to restore his own rights.

Often people who are faced with certain problems (in particular, non-return of funds or property) have a question about where to complain about bailiffs.

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

Bailiffs (executors) are in the public service and are officials. Due to their functional responsibilities, they are recognized to enforce decisions made by the 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 citizens' complaints regarding this category of employees who have committed unlawful actions 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:

1. The bailiff has the right to make requests regarding the funds available to the debtor to repay the debt.
2. He has the right to seize accounts.
3. Travel to the address indicated in the claim document.
4. 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. Law enforcement officials are required 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 the legal right to monitor the progress of work 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 with various types of 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 case is making virtually no progress, he has every right to complain about the inaction of the bailiff.

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 the FSSP hotline number in your city.

Hotline numbers for Moscow

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

1. When contacting the FSSP, find out the institution’s operating hours with citizens.
2. Citizens who require the services of bailiffs should familiarize themselves with their responsibilities and their rights.
3. Providing all possible assistance and confidential communication with the employee who is handling the case gives positive results.
4. 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:

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call:

After court proceedings, the decision of this authority must be enforced. This process is handled by bailiffs. It is these people who have the proper responsibility to see the matter through to completion. But due to the prevailing circumstances or for unknown reasons, the applicant sometimes has to wait for quite a long period of time for resolution, or even may not wait at all. Sometimes the executors do not strictly comply with the court decision, and the defendant pays much more money than indicated in the documentation. In any situation, the injured person has the right to appeal the actions of the negligent performer.

Where to file a complaint

Drawing up a complaint

In order for your process to move forward or to restore justice, you need to correctly write the application in writing. Oral requests are usually not considered. Read the rules for filing a claim below:

• At the top right of the sheet, indicate which authority you are contacting and its address. Below write “From” and your last name, first name, patronymic, and on the next line - your address. Then, after the words “Interested Person,” mention the name of the bailiff and his address. At the end of the header, indicate the passport details and address of the debtor.
• In the middle of the line, indicate for what reason you are complaining about the bailiff, for example: “Complaint challenging the actions of the bailiff.”
• In the body of the application, tell us what you are not happy with about the actions of the bailiff. Remember: you must write down all facts of violations. If you miss any offenses, higher institutions will not accept them for consideration.
• In the second part of the claim, state what you are asking for and list the documentation you are attaching to the case.
• At the very end of the petition, write the date and signature.

Time limits for consideration of the application

The processing time for an application is different for each authority. When contacting the bailiff's management, you will have to wait ten days, after which a decision will be made. The manager will need to send you a copy of this resolution. If the petition was sent to the prosecutor's office, then wait 15-30 days for a resolution. When contacting a judicial institution, the applicant must know that the complaint will be considered within ten days.

Contacting the FSSP online

To appeal the actions of the performer, you can contact his immediate management online. To do this, go to the official FSSP portal and fill out the application form. Expect a solution to the problem in about a month.

Involvement of media bodies

In addition to the above methods to achieve a solution to the problem, there is another one - involving the media. Thanks to journalists, the case will have a positive outcome. After all, the public and the prosecutor’s office will learn about the trial. As examples show, the settlement of such issues occurs faster; bailiffs are not delighted with the increased attention from the press or television.

Remember that a correctly written complaint is half the success in resolving the problem. To complete it without errors, use the sample provided above.

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 relevant structures will allow a person to achieve compliance with his rights.

(click to open)

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). The regulatory legal act establishes a list of persons 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 of a 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 of activity of the performer,
• 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 paper by mail, it must be sent by registered mail. When the application is received, the applicant will receive a notification about this. If additional documents are sent with the complaint, you must 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. The manipulation is carried out under a 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 a written answer.

Legal illiteracy is not included in the list of valid reasons.

The period for considering a complaint against a bailiff cannot exceed 3 days. After the end of the period, the government body is obliged to submit the decision in writing. 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. The government agency may:

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

If the official finds out that the application to the prosecutor's office against 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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