Complaint against the bailiff: sample. Appeal against actions of a bailiff

The complaint about the action of the bailiff, the sample of which we will provide below, is a tool to assert their rights on behalf of law enforcement agencies. Often employees violate the law. The reasons, of course, may be different. The violation can be both from the actions of the FSSP employee and from inaction. The latter is relevant for the recovery of alimony, debt on loans, loans, etc. This will be discussed in this article. A complaint will also be submitted on the actions of the bailiff (sample).

What is subject to appeal

What actions are illegal? According to the law, an appeal against the actions of a bailiff is lawful if:

• Rights and freedoms are violated, and actions contribute to such a violation.
• Unlawful duties are imposed.
• Wrongfully prosecuted.
  

Where to go

Now the question is where exactly should be addressed to defend their rights and legitimate interests. An appeal against the actions of a bailiff may occur both through the court and upon appeal to higher authorities. The latter are understood as their own, in the FSSP system, and third-party, designed to protect law and order, for example, the prosecutor's office. It must be remembered that a complaint about the actions of a bailiff to higher authorities does not deprive citizens of the right to apply additionally to a court.

The timing

Now about the timing. The complaint about the action of the bailiff is submitted within 10 days from the date of:

• Illegal actions of an employee.
• Establishment of the fact of inaction.
• Failure to challenge. Be sure to happen when the employee is personally interested in the process, for example, in the proceedings of the family of relatives.

What the complaint contains

A sample complaint against a bailiff contains:

• Applicant details.
• Information about the state agency to which it is submitted.
• Information about the person whose action violated the law: name, position, etc.
• Details of the bailiff’s decision in respect of which the complaint is being written.
• Requirements.

What evidence and documents should be applied

We will say right away that an appeal, for example, to the prosecutor’s office regarding the actions of a law enforcement officer, can be filed without evidence. It is a mistake to believe that they are not considered. Of course, if there is at least any evidence confirming the unlawful actions of the bailiffs, then they can be attached to the statement. However, if they are not there, then the official must request all the information without them.

Sample complaint, or How to make the bailiff work

In Russia, the debt problem is most acute. Almost every third resident has loans, alimony loans, mortgages, etc. In a crisis, their percentage only grows, including delays in them. Departments of bailiffs are simply overwhelmed with enforcement proceedings on unpaid debts. There are two problems in the work of bailiffs that affect the return of money to creditors:

• Workload.
• Laziness.

Unfortunately, both are not uncommon in our time. As for laziness, we will leave it to the conscience of specific people from law enforcement agencies. As for the workload, here you can understand the employees: there are a lot of cases, they do not have time, etc. However, from the point of view of legislation, the workload of law enforcement agencies is not an objective reason for which the inaction of the bailiff can be justified. We will consider a sample complaint below. Let's move on to its filing options.

Method One: Senior Executives

So, before you look for a sample application for inaction court. bailiffs, it is necessary to understand where it will go. You can send it to higher managers. However, according to the experience of many citizens, we say that the method is ineffective. As a rule, in response to it you can see a formal reply.

Despite this, lawyers still recommend applying to higher managers. This will provide additional grounds for filing a statement of claim, will allow you to adjust the requirements, find out the arguments in advance. This will prepare for the arguments of law enforcement before the trial.

How to recognize a superior bailiff

Many citizens turn to lawyers with the question: how to get to know a higher manager. There are two ways to do this:

1. On the "hot line" service.
2. Ask the local bailiff office by phone or by making an official request. If you can’t get through the official number, you must answer the request in accordance with the Federal Law on Written Appeals of Citizens.

Letter before complaint

So, the citizen nevertheless decided to take active steps to protect his rights. To do this, we recommend that you first write a letter to the bailiff. You can not search for a sample; you can write in any form.

Sometimes at this stage some begin to move, as they say. If an employee knows that he has not taken all measures to recover the applicant’s debt, and sees that the latter is determined, he can begin to work more efficiently. Further proceedings may not be necessary. It also happens that the employee “forgot” about a particular case, such letters make him “remember” about the work.

Complaint to the main bailiff (sample)

If the appeal to the person in charge of your case has not yielded any result, then the solution is to write an official complaint to a higher manager. So, the complaint against the bailiff (sample) will look like this:

Senior Bailiff: (name)

Address (of the territorial authority):

From:

Address (of applicant):

Telephone:

A complaint

On the actions of the bailiff

(Full name) is a party to enforcement proceedings No. XX

“” , the bailiff (Name, Surname, patronymic) adopted Decision No. XX, on the basis of which the following actions were taken: (indicate specific actions)

Such actions violate my rights and interests, since they contradict Art. (indicate article) of the Federal Law of 02.10.2007 No. 229- “On Enforcement Proceedings”. Based on the foregoing, please acknowledge such actions as unlawful.

This is a sample complaint against a bailiff. Inaction will look the same. Only instead of “action” is it necessary to write “inaction”. It is also necessary to indicate how it appeared, for example: "the bailiffs did not call the party for clarification, according to the law."

It is quite difficult to prove inaction, since it is not known what the employee did to recover the debt and what not. However, you can ask what measures have been taken and, in response, analyze the violations.

Frequent violations

Often, bailiffs abuse the law for their own purposes. It’s no secret to anyone that a performance fee is taken for their work. He lay down on the shoulders of the debtor. It is not withdrawn from the awarded amount. As elsewhere in the civil service, bailiffs require performance indicators. Therefore, sometimes they begin to break the law. The main abuses of the bailiffs:

• Write-off of the amount from bank salary cards is higher than the maximum. This is a common occurrence. A salary or an advance comes, and instead of an SMS about crediting, a notification comes to write off the entire amount in favor of the lender. Employees know that they violate, but the percentage of lawsuits is extremely small, so they know about their impunity.
• The arrest of property that is not subject to seizure. Few people know, but the list of things that are subject to alienation through bailiffs is extremely small. The law does not prohibit taking a television set, a VCR, but things that are directly related to compulsory life cannot be arrested. Especially if there are minor children. These include, for example, a microwave, oven, refrigerator, etc. The list includes a computer (laptop), if it is required for the work of the debtor.
• Things of other owners. There is, of course, a right to a bailiff who took things from a non-debtor. However, do not forget that to prove ownership is the owner of the thing. In other words, if you came to arrest a plasma TV, and he, for example, a common-law spouse, then she needs to prove the illegality of such an action. If it is not possible to immediately submit ownership documents (checks, credit agreements, etc.), then you need a complaint about the action of the bailiff, a sample of which we have already presented above.
• Prohibition of certain actions after repayment of a debt. In our country, unfortunately, information is transmitted extremely slowly. There are many cases when debtors have fully paid the debt, but they are not allowed to rest abroad at the airport. While all the proceedings are taking place, the armored places in the hotels, plane tickets, ticket, etc.
• Inadequate notification of the debtor of the decision on initiation of enforcement proceedings. Know, if it was unexpected for you to write off funds in favor of the lender, and you constantly lived at the same address, then someone must have violated the law or instruction: the court, the bailiffs or the postal service.

Method two: going to court

A judicial complaint against a bailiff (sample) looks approximately the same as the sample presented above. Only the “cap” will change; it will contain the name of the court.

Let's say right away, claims must be written to the district court at the location of the bailiff department. For example, the applicant lives in district A, the court was at the place of residence of the defendant - district B, and the inter-district service is located in district V. Imenny in the court of district B, and statements must be written about the actions or omissions of employees.

The advantage of suing

Judicial recognition of the unlawful actions of bailiffs has several advantages:

1. You can claim property and moral harm.
2. Prove the lost profit, and then claim it. For example, a debtor is a professional trader. He trades in the Forex market. Its action is officially registered, taxes are paid. However, the bailiffs seized a computer with software in it. As a result, the citizen lost profit.
3. The attitude of the bailiffs in working with the applicant will change. They will know that their actions (inaction) will necessarily lead to proceedings.
4. Objectivity when considering. The court is not interested in concealing the violation of bailiffs. The name “judicial” should not be misleading. These are employees of the executive branch, and not of the court apparatus. Therefore, to argue "they have everything seized" is not worth it.
5. The appeal to the court on the action of bailiffs will be guaranteed to be considered within ten days. No one will deliberately drag out the process, falsify stamps of outgoing correspondence , etc.

Lack of trial

Litigation also has flaws. The main one is that you need professional help, for which you will first have to pay. However, you can, if desired, do it yourself.

We believe that it is not necessary to graduate from a law faculty in order to understand how to write a lawsuit against unlawful actions of bailiffs. This is usually a category of cases of "low complexity".

Conclusion

In Russia, strict laws. However, this is offset by their failure. About the same can be said about the enforcement of court decisions. Of course, torture, imprisonment for debt, severely. Although some mothers whose fathers do not pay child support for years, want to offer this option.

In our country, it is necessary to put in order the work of bailiffs. In practice, there are already many cases where, over the entire period of production, employees have never taken any action to enforce court decisions. We hope that the situation will change in the near future.