A complaint against a bailiff is a common occurrence in legal practice. Despite the rather narrow focus of the organization, a lot of them write to its officials. Papers go through all instances, services and judicial levels.
What causes complaints?
A complaint against a bailiff by citizens and organizations is sent for various reasons. They are either inaction or in the wrong actions thereof. There may be several reasons:
- The bailiff illegally tries to close the production.
- Does not use his authority to achieve results.
- Implementation activities were conducted in violation of the procedural rules.
- Deadlines for enforcement proceedings are not met.
You can evaluate the correctness of an official’s actions by reading 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 housing. If you are unhappy with the actions of this employee, you can write the appropriate paper. For a complaint against a bailiff to be effective, read the current legislation, as it is periodically adjusted.
Assistance is provided by lawyers who previously either worked in the service, or have experience in compiling relevant documentation. Each situation is unique. You can not fit it into one template, otherwise then everything would be much simpler. Therefore, not having confidence in the correctness of their own actions, it is advisable to contact a lawyer, at least for advice.
What are the opportunities for the production side?
The document should be prepared on the basis of production materials. Otherwise, the statement will not have the desired effect. Enforcement proceedings are a continuation of the trial. Each of the parties has the opportunity to get acquainted with the case materials. So it turns out to check what and when the performer did in a particular case.
The complaint about the inaction of the bailiff often shows that the official is deceiving the citizens, talking about the work done, which he did not do. It’s worth looking into the materials folder, and there it’s empty. A claimant or debtor may:
- Get acquainted with the case materials.
- To make statements, copies using cameras or phones. Now almost every person has such an opportunity.
- File a complaint against the bailiffs.
- Ask to take certain actions. For example, impose restrictions on driving vehicles.
Allegations of inaction or unlawful actions are sent at the choice of the complainant or to the higher authorities, or to the court. It is considered more profitable to send the paper immediately to the last resort. They have no interest in statistics. The chief of bailiffs can respond faster and reverse the absurd decisions of his subordinate. Losing a court is much worse than a decision within the service. Much more is determined by the relationship between the authorities in the region.
How to prepare complaint material
First of all, you need to get acquainted with the production. A request is made 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 folder with the documents you need to find the following information:
- Directions of requests to banks, traffic police, Rosreestr.
- Have there been attempts to limit the debtor's driving license.
- Whether measures were taken to penetrate the debtor’s housing.
- Did the bailiff use the information provided by the collector.
Banks or other financial organizations may store savings, money in accounts. What can a recoverer say? He may indicate valuable property (jewelry, real estate, cars) belonging to him. In this land, housing is not necessary to register.
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. To prove that the contractor knows about the property of the debtor, you can copy applications. They are served either in the office, or sent by mail.
According to what scheme do the boss complain?
The complaint against the bailiff is written according to one scheme. The reasons that caused a person to do this do not have much significance. The paper is prepared in accordance with the provisions of the Law on Enforcement Proceedings or procedural legislation. Papers in court are also compiled according to a single scheme, but we will talk about it later. In government agencies, complaints are accepted through the Internet, but so far it is difficult to call the system effective.
A sample complaint against bailiffs can be found in the appropriate department. It should contain the following information:
- FULL NAME. the author of the document or the name of the organization.
- Address, contact details.
- Indication of the official to whom the document is sent.
- The word “complaint” is written in the middle of the line, so the purpose of the document is immediately clear.
- The following are the circumstances that prompted a person to complain.
- Then indicate the request or desired result for the contacting person.
- Date, author's signature.
Statement of circumstances - a chronological description of the events, a detailed analysis of what exactly the violations consist of. It is advisable to refer to a regulatory document that gives reason to talk about the fact of a violation.
The importance of meeting deadlines
All provisions of the law give the right to complain about the bailiff within 10 days. The allotted time is counted from the next day when the event occurred, or the person concerned became aware of it. For example, on January 10, property was seized. Time is counted from the next day - 11.01. If the last day of the term falls on a weekend or holiday on which state bodies do not work, it shall be extended to the nearest worker.
If a complaint is filed against the decision of the bailiff, which the interested person found out by receiving it by mail, the time for sending is counted from the day it was received. It does not matter how much time has passed since the bailiff made the decision. Missed deadlines can be restored by writing an additional request. This applies to complaints at the instances within the service and in court. True, the term is extended subject to the validity of the pass (illness, lack of notice due to the slowness of the mail).
Reporting process
According to the law, the papers are transferred to the official who is obliged to make a decision on them. If a particular bailiff is not entitled to do this, and the citizen indicated the wrong addressee, the complaint is sent to the person whose authority it is considered. So, the chief bailiff in charge of the entire service, having learned that one of the stages of the appeal has been missed, sends the materials to the corresponding subordinate.
Errors of this kind are not grounds for automatically rejecting a complaint. As a general rule, it is not necessary to attach papers substantiating the complaint. If the inspector considers it necessary to obtain additional information from the applicant, then he will ask them to present. In case of waiting for other materials, it is allowed to suspend the period for consideration of the complaint by a maximum of 10 days.
When the bailiffs do not accept the document for consideration?
In Art. 124 of the Law on Enforcement Matters, the reasons for refusing a request are listed:
- Challenging the results of property valuation.
- Missed deadlines, no request for their restoration.
- The above complaint requirements are not met.
- The person complained of does not work in the service.
- On this occasion, a decision was made by the judge.
Where to write if the first complaint didn’t help
It does not always happen that a complaint is triggered on the first try. In this case, the law provides for the right to apply to higher authorities in the order of subordination:
- Senior bailiff. He leads the performers department.
- Deputy Head of Department. A complaint is sent to him about the senior bailiff.
- The chief bailiff of the subject complain about the actions or inaction of his deputy.
- A complaint is written against the chief bailiff of the Russian Federation.
Nothing additional is said about the terms of the appeal. It is advisable to meet the deadline of ten days. The following is a written example of a complaint against a bailiff.
Complaint to the judge
The court is the second instance where you can turn if you are dissatisfied with the actions of officials, citizens, organizations. A sample complaint against the bailiffs is on the reception wall. Such papers give people an idea of ​​what to write. Forms are provided for free download and on the Internet on ship sites. Moreover, it is not necessary to look for an institution serving the area where the complainant lives. What should be indicated in the document:
- The information about the court to which the document is sent is entered.
- The respondent is indicated in the case - the bailiff department or a specific executor.
- In the middle is written "Statement of claim" or "Complaint to the court." It depends on the nature of the question.
- The circumstances of violations are indicated, references to the law are provided.
- A request is being written. For example, to cancel the decision, recognize the decision illegal, oblige to perform certain actions, etc.
Some subtleties when applying to court
The request to the court must be specific. Themis will not choose for the applicant a way to protect him. In particular, it is permitted to demand papers that the applicant cannot obtain on his own. But in this case, he will have to explain in detail why he needs them. Complaints against the bailiffs are free of charge. But judges often ignore this provision. They oblige citizens to pay a fee by suspending production. There are two ways out: either complain about these actions, or pay money.
In the appendix that follows the request to the court, the name of the documents attached to the claim is rewritten. This may be a copy of the complaint, decision, etc. Then the author is signed. If the paper is drawn up and sent by the representative, then a copy of the power of attorney is attached. In CAS processes, the representative still needs a law degree. Several sets of documents are being prepared: for the court and each side. The complaint against the chief of the bailiffs, if necessary, is written separately.
If you didn’t help in court ...
The papers are sent to the court, performing the duties of the appellate court: regional, regional, city court of the city of federal significance, the Supreme Court of the Republic. The appeal says :
- The name of the court.
- Information about the author of the complaint: full name, address physical. persons, information about the organization.
- Details of the court decision against which the complaint is written.
- The essence of the complaint (which norms of the laws are not implemented or are executed incorrectly, what circumstances or evidence were ignored or, conversely, are far-fetched and unfounded).
- The application is outlined.
- Signature of the submitter, date.
- A copy of the power of attorney, a lawyer's diploma, as well as a receipt of payment of state duty are attached to the document.
The term for a complaint is 1 month from the date of the decision. Materials are submitted to the court, which issued the first decision. Then, the complaint is checked for compliance with the law. And only then she goes to the appropriate court. 6 months are given for cassation, 3 months for a supervisory instance after a decision is made on the cassation appeal.
Should I complain to the prosecutor
You can write a complaint to the bailiffs and prosecutors. They are obliged to verify the legality of their actions on citizens' applications. They can also go to court to protect their rights or public interests. There is an official letter regarding enforcement proceedings. In fact, prosecutors will send citizens to the heads of the appropriate level or to the court.
It makes sense to go to them when the bailiff service stages have been completed, or there is a suspicion of corruption or crime. At the same time, asserting your rights, you should not miss all the opportunities - suddenly the system will work. Inaction has not helped anyone yet. At the same time, one should justify one's complaints and not allow excessively emotional behavior.