Bailiffs are a category of people who are required to enforce a court decision. No matter how strange it may sound, in some cases, bailiffs neglect their duties, namely, do not comply with court orders. It is with this kind of paradoxical phenomenon in our country that one can encounter almost everywhere. In this case, only a well-composed complaint about the inaction of the bailiff, which is submitted to the higher head of this organization, will help.
It is worth noting that there are cases directly opposite, where the bailiffs are ready to exceed their legal authority. Quite often there are such situations in life when the cell of society for some reason breaks up. However, a defenseless child remains on earth who needs care and some financial support. But some fathers deliberately try not to pay child support. Of course, the court case will be won, however, in many cases only bailiffs can recover from the negligent dad the money determined by the court in favor of the child. And when the latter drag out the execution of the court, we also need a complaint about the inaction of the bailiff.
What the applicant should know before compiling and filing a complaint
Before complaining about a bailiff, a little understanding of the existing legislation should be made. For example, the law “On Enforcement Proceedings”, namely, in article 123, as well as 128, says that any actions of bailiffs can be appealed.
A competent complaint about the inaction of the bailiff, which is submitted to the
head of the department, can greatly accelerate the process of
execution of the court decision. The only thing that must be done without fail is to state in the complaint all available facts that would confirm violations by the bailiff of their duties.
Points to consider when writing a complaint
When preparing a complaint, it should be taken into account whether the applicant has direct evidence that fully indicates that the bailiff violated the established norms of the law. If such evidence exists, a complaint against the bailiff must be filed at any time, but no more than ten days after the discovery of the violation. To effectively resolve the current case, complaints should be filed in stages, namely:
- at the beginning, a complaint about the inaction of the bailiff must be filed with a senior officer;
- if there is no particular effect, you should go to court;
- if you think that there will be little effect, you should act simultaneously and file complaints in two directions at once.
What the complaint should contain
Any complaint as a document is submitted only in writing. A correctly filed complaint against the actions of the bailiff contains the following data:
- the position, as well as the name of the bailiff to whom the complaint is submitted;
- all data of the applicant; otherwise, the name of the organization should be indicated, as well as all its real details;
- to state all available grounds that can confirm all the facts on which the bailiff’s decision is appealed.
Only if all the requirements are met will the applicant be able to achieve compliance with his rights.