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.

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:

Inaction of a bailiff is far from uncommon in today's times. Situations where representatives of the executive service refuse to perform their duties efficiently can hardly be called legitimate. How to overcome the inaction of bailiffs? What should an ordinary citizen do in such situations? Answers to all these questions will be provided in the article.

About the fact of inaction

How to write a complaint about the inaction of bailiffs will be discussed below. First, it’s worth understanding what constitutes inaction in general. If we turn to the theory of law, then inaction is understood as the failure of officials to fulfill their duties. Moreover, failure to act significantly violates the rights of third parties.

A very simple example: bailiffs have only 3 days to complete certain paperwork, but the body itself shows absolutely no activity. Illegal inaction, therefore, begins to manifest itself already on the fourth day.

Thus, inaction is understood as failure to fulfill official duties, resulting in harm to third parties.

Who can file a complaint?

Before you start figuring out where to file a complaint, an equally important question should be raised: who is able to file a complaint? If you look at judicial practice, it will not be difficult to see how representatives of judicial proceedings make gross mistakes in their work.

Moreover, these errors often affect people who are not directly involved in the trial. Any subjects whose rights have been violated have the right to appeal the actions of bailiffs.

Where to write a complaint?

Typically, a complaint is made to the supervisor of the person whose actions appear to the complainant to be unlawful. The same principle can be applied in the case of bailiffs. But, as is usually the case, in legal proceedings everything is not so simple. Often, the inaction of an official is not his own initiative. Perhaps the employee is happy to help, but his superiors forbid him. In such cases, an application for the inaction of bailiffs cannot be submitted to the same authorities: it will simply be meaningless.

What to do in such situations? Where should I contact? First, you should look at all the available documentation that relates to the problem in one way or another. The following acts can be highlighted here:

• about postponement or refusal of execution;
• on coercive measures in enforcement proceedings;
• on the transfer of production to other departments;
• about the impossibility of making a decision;
• on suspension of proceedings.

This list clearly illustrates the fact that the inaction of bailiffs can be caused by various reasons. So where should you file a complaint? First you will have to contact the management of the bailiffs. If this action is not successful, you will have to contact the prosecutor's office or higher authorities.

Application deadlines

This legislation establishes a ten-day period for appealing against actions or inactions of representatives of the executive body. In this case, the beginning of the required period is considered to be the day when a person learned about the violation of rights. The term cannot be restored due to the legal illiteracy of the applicant. Does this mean that a person will not be able to overcome the inaction of the judiciary? What to do in such a situation?

First, you should pay attention to possible valid reasons for reinstating the deadline. These include:

• the applicant's illness;
• he is on a business trip;
• the letter sent by the applicant did not reach the correct address.

Thus, it is necessary to begin appealing the unlawful actions of bailiffs as soon as possible.

What should the complaint be?

What to do if bailiffs are inactive? It must not go unpunished. What needs to be done to ensure that the complaint reaches the correct address and is considered by the appropriate persons? It needs to be formatted correctly. Thus, the appeal should not contain insults, abusive language or obscene language. The applicant, no matter how angry he may be, must control himself.

The complaint should be as clear as possible. The document indicates specific facts of violation of rights. The persons to whom the complaint is addressed must have a clear understanding of what happened. The structure of the complaint is as follows:

• a description of everything that happened;
• an indication of specific facts of the performer’s inaction;
• listings of rights and interests violated by a representative of the judicial system;
• specific requirements for the implementation of certain actions, please take appropriate measures.

This should be a complaint about the inaction of bailiffs, a sample of which can be seen below.

The application must indicate the applicant's telephone number.

How to file a complaint about the inaction of bailiffs?

What to do after filing a complaint? You need to decide where exactly the paper will go. If the head of the department, then it is worth considering that the application must contain specific requirements; if to the prosecutor's office, then you need to pay attention to the violated rights and the request for their restoration; if the application is sent to court, then it will be necessary to explain why the actions of the performer seem illegal to the applicant.

There are different ways to file a complaint. The first and most convenient option is via the Internet. To do this, you will have to go to the website of the relevant authority and find the “file a complaint” column. The second option is a written appeal. The paper should be submitted either directly to the department or by registered mail. In this case, it is better to keep a copy of the submitted application with you. Once officials receive a complaint, the complainant will be notified.

It is advisable to attach any documents confirming the fact of the offense to the application.

Consideration of the complaint

The consideration of the submitted application in different authorities differs significantly. So, if a complaint comes to the senior bailiff, the head of the department will be obliged to conduct an internal audit. The guilty official will be obliged to compensate for the damage. A complaint to the prosecutor's office about the inaction of the judiciary will entail a 30-day review period and confirmation of the fact of the offense. The prosecutor can:

• reverse the illegal decision;
• announce a warning;
• make demands or representations, etc.

It is also possible that the bailiff who violated the applicant’s rights will be subject to disciplinary action. Finally, if the applicant files a complaint with the court, the procedure will be as follows:

• the court will accept the complaint;
• requests documentation;
• listen to the opinions of the parties;
• decides.

It is worth noting that going to court has both advantages and disadvantages. They will be discussed further below.

Judicial impact

Appealing to the courts with a complaint about the inaction of executive officials has the following disadvantages:

• the court, unlike the prosecutor, does not give specific instructions on the implementation of certain actions;
• cannot set a special deadline for this;
• sometimes he cannot punish the bailiff at all.

As a rule, the court tries to make a decision on the illegality of the bailiffs’ inaction, after which it assigns responsibilities to eliminate the violations. But the requirements put forward are, as a rule, not specific. But going to court also has some advantages. In particular, it is worth highlighting the possible compensation for moral damage and the short duration of the entire process.