The court order has not been executed. Complaint about the inaction of the bailiff (sample)

The complaint about the inaction of the bailiff, a sample of which will be presented later in the article, is a tool for upholding civil (property) rights.

The debt problem in Russia is acute, and the courts are simply inundated with claims. Alimony, past due loans, consumer and mortgage loans are far from a complete list of cases. But we will not talk about the workload of the bailiffs, since the topic of our article is the failure to comply with the law. A sample complaint about the inaction of the bailiff is sought by those whose rights have been violated precisely because of ignoring the requirements of the court. We hope that our article will help them.

Reasons for Failure

We will understand the reasons. Before considering a sample complaint about the inaction of the bailiff, it is necessary to understand what are the motives for non-execution. There can be three:

1. Laziness. Let this factor be on the conscience of individual employees. We will not talk about this.
2. Workload. The problem really requires serious solutions. On average, according to the number of people in the city, there are about 1,000 executive orders per employee . However, this is no excuse.
3. Perhaps the employees did everything they could under the law, but the debtor has nothing.

Therefore, it is better, before taking action against the bailiffs, try to find out whether everything was done by them. To do this, you can contact them in writing. If there is no answer, the entrance is a complaint about the inaction of the bailiff (sample below).

Where to serve

If you are sure that the decision is not executed due to employee negligence, then the following authorities will help you:

1. Court. The most effective option, but may require professional legal assistance.
2. Prosecutor's office.
3. Senior bailiff.

FSSP hierarchy

A complaint about the inaction of the bailiff to the court may not be necessary if you turn to his superiors. So, according to the hierarchy, first we write to the senior on “our” bailiff, then, if the problem is not solved, to the chief bailiff of the region for the senior, and only after that - to the chief executor on the main bailiff of the region. However, it is best to go to court in such a case.

Complaints about the inaction of a bailiff: sample to a senior bailiff

So, we decided to submit an official application to a higher-ranking employee, in order to make his subordinate work. According to the citizens who conducted this procedure, let's say that the effect of such actions is small. As a rule, the case ends with a formal reply. However, lawyers still recommend doing this, since this will allow you to know in advance the official position of the employees in court, and thus it is better to prepare for it.

So, the sample complaint about the inaction of the bailiff looks like this (all data is fictitious, coincidences are random):

To: ( Data of the senior bailiff and the name of the department )

Address:

From:

Registered at:

Complaint about the inaction of the bailiff.

Petrov P.A. ( all data is fictitious ) is a party to enforcement proceedings No. 234/2016

The bailiff-performer Neokhotko A.A. no action has been taken until today on the basis of the decision of the Odintsovo District Court No. 204/2016 of 09/06/2016. The unreasonably slow execution by an employee of the enforcement of a court decision violates the personal and property rights of Petrov P.A., as a result, he is deprived of the opportunity to make a profit in his further activities in issuing loans, in the absence of funds. Based on the foregoing, in accordance with the law, I ask you to consider the employee’s inaction to be unlawful, and also to take measures for the speedy execution of the court’s decision. ”

application

The complaint about the inaction of the bailiff (our sample does not contain this) must also contain an application in which are attached:

1. Copies of the executive document.
2. A copy of the decision of the bailiff if he closed the proceedings.
3. Evidence of inaction.
4. The power of attorney of the representative, if the person whose rights are violated is represented by another person.
5. Other documents that confirm the circumstances on which the requirements are based.

Appeal to the prosecutor

The sample complaint about the inaction of the bailiff to the prosecutor's office looks the same as the senior boss. The only thing is that the “cap” will change, and the prosecutor’s office will act as the addressee.

The appeal to the prosecutor's office has a number of characteristic features:

• The consideration of violations will be more objective than when submitted to a senior bailiff, who, as a rule, is personally responsible for the actions of subordinates. It is not beneficial for him to identify numerous violations.
• No special legal knowledge is required to file a complaint.

Inaction regarding the debtor

The sample complaint about the inaction of the bailiff from the debtor is no different from what we have already presented above. At first glance, a similar situation seems absurd.

Concerning the lender, the creditor, it is clear that the inaction consists in default on debt collection. However, in respect of the debtor there are also various violations. For example, he paid off his obligations, informed the employee who conducted the production, and then when traveling abroad six months later it turned out that the latter had not entered any information into the system. The result is a spoiled vacation and lost money.

Sample complaint about the inaction of the bailiff in court

Appeal to the servants of Themis, as the lawyers say, is the most effective way to achieve their rights. It has several advantages:

• Objective review. It is a mistake to argue that the term “judicial” refers bailiffs to employees of the court apparatus. These are law enforcement agencies in the executive branch. Their illegal actions do not go unpunished.
• Attitude to the applicant in the future. Employees will understand who they are dealing with. Neglect will be punished. As a result, their effectiveness increases when working with a specific person.

The sample complaint about the omission of the bailiff to the court looks the same as the superior in the above version, with the exception of the “cap”, which indicates the name of the court. It is necessary to file a claim with the court at the location of the territorial department.

Alimony Debt

The sample complaint about the inaction of the bailiff for child support, that is, to recover the debt for them, is also no different from those that we have already indicated. You just need to enter the court decision on them in the appropriate fields. We will say right away that, unlike debts related to civil relations (loans, loans, borrowings, etc.), work with alimony, as they say, is for life. This is a real headache for employees.

Should debtors be tortured?

Before you make a complaint about the inaction of the bailiff, a sample of which we have already presented in the article, you need to know what employees must do to recover the debt. Many mothers who raise children on their own are ready to introduce a bill on the torture of their former spouses.

They believe that after a court decision, employees should literally guard the offender around the clock. Follow his every step, and if there is at least some, a penny, immediately pick it up in favor of the children. Alimony, of course, needs to be paid, but the system is built in the interests of all participants in the process. Taking in favor of the creditor, for example, the entire amount, forcing him to collect new debts, is unacceptable.

Before an official claim, you need to understand what the employees did to recover. Perhaps the debtor has nothing or he has an income that is not subject to collection. For example, a pension for caring for children, etc. In this case, the bailiffs will be powerless.

Possible future measures

The debt problem in Russia is discussed at the very top of the government. On the one hand, people need help in a crisis. On the other hand, it is also necessary to protect creditors. Today's measures are ineffective. Everyone recognized this, and in the future, debtors may face very serious problems:

• The arrest of the only housing. Today such a measure has been taken. It is not only a question of eviction, but the Supreme Court pointed out the possibility of such a measure in order to prevent the transfer of property deliberately, to avoid debt.
• Deprivation of a driver’s license. The measure should not concern drivers who are materially dependent on this.
• Eviction to more modest housing. There is a project that provides debtors to relocate to budget housing options, giving the difference in debt.
• Allocation of creditors and collectors the right of alienation. The measure is quite controversial, since without it there are frequent abuses. What will happen if the collectors are allowed to also legally alienate the property - God alone knows.

Of course, such questions cause serious public outcry. Such measures have both opponents and supporters. No one remains indifferent. We believe that it is necessary to look for that very middle. To do this, you should first improve the work of the collection authorities.

Conclusion

Unfortunately, practice shows that even those measures that we named are not always effective. And the point here is not even the work of the executive bodies. The problem is that the debtor really has nothing in his soul. In this situation, you can reach the personal audience of the president - there will be no result. Various prohibitions are ineffective. Take, for example, departure from the country. The debtor is either not going anywhere, or he has found various loopholes. For example, you can safely fly out of Belarus - there will be no restrictions. Justice, of course, is not enough, but all within the framework of the law.

Most of all, our citizens are indignant at exactly what they know - the debtor has property, bank accounts, real estate. People themselves provide information about this. However, employees do not hear them. The only excuse is that the party does not live at the registration address. All actions are useless. Debts hang for years, and debtors are aware of the inefficiency of the executive system.

Until the problem is resolved, there cannot be any development of private property and capitalism. Another problem today is the debts of the local administration. They are formed by deceiving the contractors, who, after the work is done, are not paid huge amounts. Courts, of course, are won, but this does not prevent some officials from not paying the work done. All documents are beaten so that even by law it is impossible to withdraw debt from the municipality. And sometimes the accounts are deliberately not found.