The payer must always fulfill his maintenance obligations. But practice shows that situations arise when the recipient needs to initiate a enforcement penalty with the help of the bailiff service. Such a need arises when the payer does not voluntarily fulfill his duties. Sometimes it happens that not only the child support worker evades payments, but the executing bailiff is in no hurry to comply with the decision of the judiciary. Therefore, the question arises, where to complain about the bailiffs.
If this happens, the recipient has to appeal against the bailiff's failure to fulfill his duties. To do this correctly, it is recommended that you first study the existing appeal methods and select the body whose treatment will be most effective. Where to complain about bailiffs, we will tell below.
Features and the concept of inaction of bailiffs
In practice, the enforcement of child support payments is much more common than voluntary performance of obligations. The reason for this lies not only in the indifference of the payer, but also in the difficult economic situation. Sometimes an alimony simply cannot fulfill his obligations without significant harm to his own interests. However, this does not deprive him of responsibility.
In order to get a result, that is, that a court decision (or a notarized agreement, also having the effect of a writ of execution) is enforced, the child support recipient has to turn to the bailiffs for help so that they recover the amount forcibly.
But enforcement proceedings initiated by the bailiff and aimed at collecting child support do not always allow to obtain the desired result. This happens for two reasons: due to the inaction of the specialist or the inability to perform.
Inaction of the bailiff is understood as failure to fulfill his own duties, which are aimed at the execution of court orders and acts.
There are several forms of inaction:
- Failure by the representative of the FSSP to comply with the obligations established by law.
- Violation of the deadline for the implementation of certain actions established by law, among which - the period of initiation of proceedings, the implementation of measures related to the arrest and seizure of property.
- Other circumstances that may be regarded as inaction (for example, the debtor was not notified due to the fact that the bailiff did not send the corresponding letter to the payer, property was not arrested, etc.).
In such circumstances, the recoverer has to take certain measures to resolve the situation. It is important to determine where to complain about the bailiffs.
Proof of Inaction
First of all, the recoverer will have to ask the bailiff for the documentation that is in production and confirms that he does not perform any actions aimed at the execution of the order or the court decision.
To gather evidence, you should:
- Collect the necessary procedural documents: a court order or order, a copy of the writ of execution, a decision confirming the initiation of enforcement proceedings, notifications, envelopes that confirm the sending of letters to the bodies of the FSSP and receipt of correspondence by the bailiff.
- Make a statement about the desire to receive information related to the production process, or familiarity with the materials of the process.
- Submit a statement to the FSSP.
- Get an answer from the FSSP in due time, study the case file.
Failure is illegal
All parties have the right to study materials of enforcement proceedings, including the collector. This means that the bailiffs cannot refuse to provide materials - such actions are illegal. You can also take photographs of the materials, or record the numbers of the necessary documents, and then in writing require certified copies of the necessary pages.
If the bailiff does not respond to the request, or the response text allows us to conclude that the contractor is not taking the required actions, we should proceed to the preparation of the complaint. This can be done in any way possible. But first it’s worth understanding what exactly is the bailiff’s responsibility.
Powers of FSSP employees in the framework of enforcement penalties
Before telling where to complain about bailiffs, we will find out their main responsibilities. As part of the enforcement proceedings:
- Collection of data on the parties to enforcement proceedings (on the debtor, in particular).
- Timely implementation of existing regulations, documents, decisions.
- Compliance with the provisions of the law governing enforcement proceedings and other legal norms.
- Search for information on the employment of the debtor, sending requests to the Federal Tax Service or the FIU to check the place of his work.
- Notification of parties on the progress of production, events, issuing acts.
- Call the parties if it becomes necessary to obtain explanations or clarify information.
- Collaboration with other bodies to enforce court decisions.
In addition, the bailiff has the right to carry out the following actions:
- Request for information from the parties in executive production, in government agencies, bodies.
- Arrest of debtor's property, its accounts, real estate, transport.
- Transfer of the property of the defendant to the appropriate organizations for subsequent sale (in this case, a certain procedure regulated by law must be followed).
- Filling out a statement in order to clarify decisions made by a court or other bodies.
Thus, the bailiff is obliged to perform all necessary actions to execute the judicial act. Moreover, he must act exclusively within the framework of the law. If the bailiff ignores his duties, the recoverer has the right to appeal against his inaction, since such inaction violates the interests and legal rights of the latter.
Where to complain about bailiffs for inaction?
If, after analyzing the situation, available and received documents, it can be concluded that the bailiff is inactive and does not fulfill his direct duties and powers, the recoverer has the right to file a written complaint:
- To the senior bailiff.
- To court.
- To the prosecutor’s office.
In these organizations, you can file complaints about the inaction of the bailiff. Patterns of complaints to each instance differ from each other, you can find them on specialized portals.
Collection of forfeits
Also, a claim can be filed in a case related to the recovery of penalties for maintenance payments. In this case, the inaction of the bailiffs is also illegal. That is, it does not matter what is to be recovered: interest, regular payments, debt. For an FSSP employee, inaction in each of these cases will entail the same consequences.
Each of these methods has certain advantages and disadvantages. Each of them should be applied in a specific situation. To choose the most effective option, you need to carefully analyze the circumstances, and only then choose the best way.
Complaint addressed to the bailiff
Where to complain about the bailiff's job in the first place? A person whose rights have been violated as a result of the inaction of an employee of the FSSP have the right to file a complaint no later than 10 days after the fact of violation was identified (for example, from the moment when copies of documents were received or production materials were studied).
The head of the service, that is, the senior bailiff, will have to consider the complaint within a month. This fact should be taken into account. In addition, legislation provides for the possibility of filing a complaint with higher authorities, for example, in the name of the head of the regional service of the FSSP. In this case, the complaint will be redirected to the place of its direct execution, but it will be monitored from above.
Simultaneous filing of complaints to several instances is not prohibited. For example, her simultaneous referral to the prosecutor and senior bailiff will be effective. In this case, the probability of a positive result is significantly increased.
Complaint to the prosecutor
Still where to complain about bailiffs for inaction? According to statistics, most complaints related to the inaction of bailiffs filed with the prosecutor's office give a positive result. The prosecutor's office also considers the complaint, 1 month.
To file a complaint, a specific form must be filled out and sent to the appropriate authorities.
Court complaint
Where to complain about bailiffs on alimony, it is important to find out in advance. An appeal filed with the court is no less effective way to resolve the situation. This is due to several factors:
- The court has more authority.
- The complaint is considered no more than 10 days.
- There is no need to pay state fees.
Filing a complaint with the judiciary is an effective way to influence, but you should carefully prepare for it. In addition, certain legal skills will be required. Before going to court, you should correctly compose a statement and familiarize yourself with the information about the process.
Complaint content
Where to complain about the bailiff is now known. How to make a claim? Regardless of which authority it is filed with, a complaint about the inaction of the bailiff should reflect the following information:
- Details of all parties - the applicant, the bailiff, the child support debtor, the body to which the citizen applies.
- Name of complaint.
- A full description of the situation from the moment of the trial and the initiation of proceedings to the fact of contacting the bailiffs service and receiving information about the process.
- Documents confirming the inaction of the bailiff.
- Description of terms and specific violations committed by the bailiff.
- The petitioning part, which indicates the need to exercise the powers of the bailiff and apply sanctions to him established by the rules.
Legislation forms of complaint are not established, it can be drawn up according to any model, but it should contain all the information and information that is required.
In addition, the complaint must indicate the norms that have been violated. That is, the applicant must refer to regulations that are binding.
The most effective methods of exposure
Determining where to complain about the actions of the bailiffs and which of the methods of influence will be the most effective is quite difficult, because each of them has its own characteristics. It is necessary to comprehensively consider the facts and circumstances, and then choose which authority to apply to.
Where to complain about a bailiff on alimony is an urgent issue. Practice shows that the most effective way to get the bailiff to fulfill his duties is to combine several methods. As a rule, after receiving the order, the bailiff begins to act actively. In cases where he continues to be inactive, the applicant may complain again. Then the sanctions against the bailiff will be more severe, up to his dismissal. And to understand where to complain about bailiffs, knowledge of laws will help.