How to find a council on bailiffs. Where to complain about the inaction of the bailiffs: paperwork tips
A bailiff complaint is the only way to stop abuse of power. There are cases that the bailiff leaves the execution of the proceedings without movement. Then you have to defend your rights and defend your interests on your own. The article discusses in detail the phased action to eliminate negligence that may arise from the bailiff.
The following are common incidents that cause a complaint against a bailiff:
- Failure to comply with court decisions regarding collection from the debtor.
- Skipping production deadlines.
- Inaction of the bailiff. This clause includes refusal to fully comply or partial provision of requirements.
- The bailiff cannot be an interested person in the enforcement proceedings, as well as be on friendly terms with the debtor or defendant in the case under consideration. If this happens, he is obliged to withdraw. There are situations when the bailiff does not do this, which is the reason for the complaint.
- The debtor was not duly notified of the presence of debt, and his property has already been seized.
- You got a namesake penalty. In practice, there are situations when there are several people with the same surname and initials, that is, in fact, identical data up to the same place of birth.
- A ban on traveling abroad was not put down, which helped the debtor to hide and evade responsibility.
- Alimony was not forcibly withheld from the defendant. The proceedings were instituted, but the bailiff did not take any action to enforce the court decision. (Salvation was not imposed; bills were not seized; property was sold out).
- A fine for the same enforcement proceedings is recovered 2 or more times. The mistake in this case is not only from the bailiff, but also from the bank employees. You should understand this situation in detail. Sometimes it’s enough just to call the FSSP and talk about the problem.
- The ban on registration actions was not set and presented on time, as a result of which the debtor managed to sell the property, 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 should be sent immediately.
- The penalty for an administrative offense was paid on time, and the bailiff sent you a double fine in accordance with Art. 20. 25 Administrative Code of the Russian Federation. As evidence of your innocence, you should attach a receipt for the payment of penalties.
- The defendant was not given the opportunity to execute the sanctions on a voluntary basis.
Where is the complaint filed?
Senior Bailiff
There are many options to influence a bailiff who does not want to perform his direct duties. One option is to complain about the actions of the bailiff to the senior bailiff.
What should be done? Describe in detail the actions of the bailiff that violate your rights or interests in the enforcement proceedings. If there are documents confirming unreasonable requirements, include them in the appendix to the complaint.
You can send documents by registered mail with a notification of receipt or take it 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 adoption).
Another option is to file a claim online.
Important! The term for consideration of a complaint by a senior bailiff is 10 days.
If you have been denied a complaint, then forward it to a higher authority - the Regional Office of the MTP. Then she will not only be sent back to the senior bailiff, but also taken under the control of the Office.
How to write a complaint about the actions of the bailiff?
Writing a complaint to the bailiff is quite simple, adhering to a phased scheme:
- Select the state structure to which the claim will be sent directly (Office of the MTP, court, prosecutor's office, senior bailiff).
- In the upper right corner, specify the following data:
- For the plaintiff - name, address, contact phone number.
- Information about the defendant - position, full name.
- Indicate the reason motivating to write a complaint (action, inaction of an employee of the MTP, negligence, personal interest in the case, failure to comply with the deadlines for enforcement proceedings, etc.).
- Then write the requirements: eliminate the violation, restore the missed deadline, transfer the case to another executor.
- Attach evidence.
- Sign the transcript and date.
Attention! When writing a complaint, do not forget to refer to applicable laws.
How can I file a complaint?
There are 3 ways to file a claim:
- personal feed;
- mailing;
- the 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 (put the incoming number with the date of adoption);
- from the moment of registration, the time begins to provide a response;
- when sending by mail, be sure to choose a letter with a return notification of receipt and a list of attachments.
Important! Not all post offices have an inventory of the documents provided. This service is available at the central post office.
When the letter reaches the address, the absentee leaflet will be returned, in which the date of receipt will be written, and there should be a signature.
In case of electronic submission, the answer will be sent either to the email or to the postal address indicated by the applicant.
Terms of consideration of the complaint?
The senior bailiff has a deadline of 10 days.
At the hearing, the application is considered within 10 days, since the enforcement proceedings in the case cannot be suspended for a longer period.
Prosecutorial examination of a complaint against the actions of employees of the MTP is considered within 30 days. When requesting additional documents, the period may be extended.
The response to the application submitted via the Internet is 30 days.
What to do if you are refused?
The possible reasons for the refusal to accept a complaint or to leave it without consideration may be the following factors:
- incorrect design;
- appeal of the executive fee specified in the decision (not subject to change, established in accordance with applicable law);
- deadlines for appeal have not been restored;
- use of obscene language;
- on a similar claim, a court decision was previously issued;
- consideration of this issue is not the responsibility of the MTP.
If you were denied one of the authorities, then forward the complaint to the Office of the MTP or to the judicial authorities.
In case of improper execution, apply for a restoration deadline. Then write the claim in the established form.
Do not forget, when defending your rights, it is worth using any legal methods of influence.
With such a paradoxical phenomenon as failure by the bailiffs of their official dutiesYou can come across quite often.
Or, cases of excess by servants of the law of their own powers are recorded, which is also a violation. Is there any way out?
It turns out yes. If you are faced with negligence or inaction of the bailiffs, then they are not only possible, but also necessary to complain. And how specifically to do this, we will analyze in detail in this article.
Bailiffs are usually approached to collect debt from the debtor on receipt, or upon receipt of alimony from a negligent father for a child.
Court often quickly takes the side of the victim, makes a decision on the recovery of monetary debt, but it takes quite a long time to wait for the return of his "hard-earned" ones.
Moreover, the sluggishness of bailiffs can go not only against the claimant, but also the debtor. For example, the latter during the period of unresolved cases “accumulate” interest and have to give more than planned.
So, what actions of the bailiffs are considered unlawful? You have the right to complain if the servant of the law:
- is inactive and is not going to do anything to resolve the case;
- requires a performance fee in any amount of money;
- imposes a fine on himself for failure to fulfill his own duties;
- makes a decision on the initiation of performance proceedings;
- commits any other actions that are contrary to the right of freedom and interests of both the plaintiff and the defendant, as well as other persons related to enforcement proceedings.
Who should I file a complaint with?
First of all, the complaint is submitted directly. to the bailiff himself. Further, the bailiff is obliged to submit the document to the necessary officials for consideration no later than 3 days from the date of receipt. A written response must come to the sender no more than 1 calendar month later.
If such actions did not have the desired effect, then apply to the Office of the Federal Bailiff Service Russian Federation.
The rules for filing are the same - you need to make a written statement indicating the required information and the requirement to consider and resolve the issue.
Most often, filing an application is enough to call bailiffs to account and solve your problem. Adequate punishment is also imposed for officials who violate the rules of duty.
If the situation is not resolved in your favor after the appeal of the FSSP, that is, the absolute right to appeal to the court and file a lawsuit against the bailiffwho evaded his affairs or performed them improperly. Go to the district court at the place of registration of the official.
The deadline for filing a statement of claim is 10 days, not counting the day when a violation was noticed by the bailiff, or from the moment the plaintiff became aware of this.
File a complaint has every right the claimant, the debtor, as well as other people whose rights during the enforcement proceedings were violated (for example, relatives of the debtor whose property was confiscated in favor of closing the debt).
By the way, not only individuals, but also legal entities have the right to file a complaint, but only in the case of the latter, only an arbitration court will do.
How to file a complaint?
Complaint filed with the bailiff based on the law on enforcement proceedingsin Art. 123 and 128 describe in detail when this can be done.
Absolutely any complaint is submitted in writing, whether it is discontent from inaction or unlawful actions of the bailiff.
The following points should be clearly stated in the application:
- surname, name, patronymic and position of the person serving the bailiffs, his actions, or their absence, refusal to perform duties and other violations;
- own full name or full name of the organization (if a legal entity);
- your place of registration or actual stay, or the legal address of the organization;
- the grounds with confirmation on the basis of which the complaint is written - the decision of the official, his negligence, failure to fulfill obligations, etc .;
- their requirements in a concise, clear form.
The law permits that a person filing a complaint against a bailiff may do not show documentsthat record the circumstances described in the document.
However, when drawing up paper, it is worth remembering an important point: one copy should be provided to the bailiff service itself, and the second should have a stamp confirming the document.
The deadline for the consideration of the FSSP complaint is limited to 10 days, which is confirmed by law under article 126.
If the answer of the senior judicial attack does not satisfy the interests of the applicant, then it is possible to file a complaint with the chief bailiff of the Russian Federation. Fortunately, things rarely go to such extremes, and even in the case of very gross violations by state representatives.
Sometimes it’s possible not bring the matter to unpleasant trials, and independently bring the bailiff to active work.
So that your case does not stand unattended on the shelf, it is recommended to visit a judicial officer more often and remind yourself, provide as much information as possible about the person who owes you money.
Also make inquiries about the materials of the case - you have every right to do this, which is confirmed in article 50 of the law on enforcement proceedings. If the debtor is trying to hide, then feel free to contact the federal wanted list. It is also possible to write a bailiff with a request to seize the property of the debtor.
We learn all the nuances of having a population. What will it give you and what will it take? Legal advice.
And let's see how to deprive a father of parental rights. Tips on how to do it quickly.
We learn how to write a lawsuit in court. When is this acceptable?
Sometimes you yourself have to maintain communication with the debtor, however unpleasant it may be, keep abreast of all necessary information.
In general, active participation in enforcement proceedings does not guarantee, but increases the chance of a speedy and successful resolution of the case.
How to contact the prosecutor with a written complaint against the bailiff?
Where to complain about bailiffs- This question often arises among citizens trying to repay debts with the help of bailiffs. The final result from the bailiffs can be expected for a very long time, and sometimes their ineffective activity is to blame. We will talk about the features of relations with bailiffs today.
Legislation on the activities of bailiffs
The activities of the bailiffs are directly devoted to 2 normative acts:
- Federal Law "On Bailiffs" dated July 21, 1997 No. 118-FZ.
- Federal Law "On Enforcement Proceedings" dated 02.10.2007 No. 229-ФЗ.
The Law on Bailiffs is aimed at legal specification of the identity of this civil servant and his official duties. In particular, the law establishes:
- requirements for the candidate upon admission to the post of bailiff;
- powers of the bailiff service;
- duties and rights of employees;
- guarantees of legal and social protection of bailiffs;
- the procedure and amount of financing the activities of the service.
The Law on Enforcement Proceedings regulates the procedure for enforcing court acts. The document describes in detail:
- deadlines
- enforcement proceedings;
- rights and obligations of persons involved in the executive event, including the features of their participation;
- debt collection actions;
- area of \u200b\u200bcoverage of expenses for executive measures;
- terms and procedure for appealing documents and activities of bailiffs.
What does the bailiff service do
The tasks of bailiffs are determined by law:
- maintaining order in the administration of justice by courts of any level;
- execution of legislation in the field of criminal proceedings;
- actions for the enforcement of acts of the court, other bodies and officials.
The duties of bailiffs include, inter alia:
- the protection, maintenance of order and other promotion of judicial proceedings;
- activities for the implementation of judicial documents;
- proceedings on administrative offenses.
Most citizens came across a bailiff service, if necessary, to receive their money from a debtor who voluntarily does not want to comply with a court decision. Theoretically, the procedure for fulfilling the will of the court looks very simple:
- according to the writ of execution, the recipient relates the document to the bailiffs' office at the place of residence or, if it is an organization, the location of the debtor;
- the bailiff starts enforcement proceedings;
- necessary measures are taken to ascertain the items of income of the debtor or the presence of other property with it;
- debt is repaid;
- enforcement proceedings are closed.
In fact, everything is not so simple, and the procedure for obtaining money already awarded by a judge can be delayed for an indefinite period. Meanwhile, the legislation provided for quite distinct dates for executive actions.
The terms of debt collection under the writ of execution
Law 229-ФЗ assigns the bailiff a total period of 2 months from the date of initiation of enforcement proceedings for the commission of executive actions. In addition, the following is provided:
Do not know your rights?
- If the deadline for the fulfillment of the requirements is specified in any other law or the document itself, then the case must be considered precisely at that time.
- The reinstatement order must be executed no later than the next business day after the bailiff receives the documents. In the same period (next business day), the requirement to immediately carry out the actions specified in the writ of execution must be fulfilled.
- A request for securing a claim received from the court must be executed on the same day. If immediate execution is impossible for reasons beyond the control of the bailiff, the order must be executed no later than the next day.
The specified time does not include time:
- to which enforcement actions were postponed;
- suspension of enforcement actions;
- deferrals or installment installments.
It is possible to postpone enforcement actions for no more than 10 days - in connection with the application of the claimant or at the initiative of the bailiff, as well as on the basis of a judicial act. It is possible to suspend execution of a document for an indefinite time until the circumstances that served as the reason for the suspension of collection (for example, the search for the debtor) disappear.
How to facilitate the receipt of debt under the writ of execution
In order for the enforcement proceedings to be successful and take as little time as possible, you need to communicate regularly with the bailiff conducting the enforcement proceedings. Moreover, this communication should be mostly written - in the form of official documents transmitted by the collector to the bailiff through the post office or the office of the bailiff unit and received officially by the collector by mail to the registration address.
If the debtor hides his income or hides himself, then you need to inform the bailiff as much as possible of the known information about the location of the debtor or his property, place of work, sources of livelihood.
The parties to the enforcement proceedings are authorized to familiarize themselves with the case file. In this regard, it is useful for the debt recipient to periodically send a request to the bailiff with a request to familiarize him with the progress of the enforcement proceedings. The bailiff must respond in writing to the written request. If from time to time formal inquiries will come to inquiries about the course of enforcement proceedings, then you can contact the bailiff personally at the reception hours and make hand-written extracts and copies of the case.
Thus, the bailiff should feel the claimant's interest in receiving the payable according to the writ of execution and feel control from him.
Where to complain about the poor work of the bailiff
The procedure for challenging actions or, most often, inaction of a bailiff is covered in Chapter 18 of the Law on Enforcement Proceedings. From it it becomes clear that for filing a complaint against a public servant, 10 days are allocated from the moment of detecting violations of the law by the actions (inaction) of the bailiff or a document adopted by him. However, from practice it is clear that this term is very arbitrary and strictly applied mainly in relation to the appeal of a particular document. As regards the actions and, most importantly, the inaction of the bailiff, it is very difficult to determine the moment of violation of the law, because these events are ongoing, and most often we can talk about the fact of detecting a delay in enforcement proceedings.
Where to complain about bailiffs? The answer to this question is contained in Law No. 229-FZ. Organizations and officials are presented in increasing order of authority.
- The first person to whom you must address your complaint is the chief of the bailiff conducting the enforcement proceedings - the senior bailiff of the unit.
- If the case does not move, then you should contact the main bailiff of the region (district, republic).
- The next controlling milestone in this graduation will be the country's chief bailiff.
You can send your complaint either by registered mail with a notification, or take it personally to the office of the service. You can also leave an appeal on the organization’s website at: www.fssprus.ru. A complaint submitted in the order of submission must be considered within 10 days from the moment of its receipt.
In addition to these officials, a bailiff can complain about violation of the law by:
- to the prosecutor's office;
- to the Presidential Administration (via the Internet);
- to the court at the location of the bailiff.
What should the complaint about the bailiff look like?
Article 124 of the law 229-FZ tells about the complaint form against the bailiff. According to its norms, the complaint must be written, signed by the interested person or his attorney (in this case, with the application of a power of attorney).
The main claims are described in a free form, but must necessarily contain indications of:
- information allowing to identify the employee (position, surname, initials);
- case data (number of enforcement proceedings, actions or document that are disputed);
- requirements that the complainant makes.
Despite the fact that the law allows a complaint to be filed without the application of documents confirming the violation of the law by the bailiff, their absence will either increase the time for consideration of the complaint (the necessary evidence will be requested additionally), or it may distort the picture of what is happening and affect the final decision on the appeal. Therefore, it is advisable to attach to the complaint the answers to the requests on the course of the enforcement proceedings that came from the bailiff, especially if they have the form of formal letters.