The work of the Federal Bailiff Service is not always distinguished by quality and conscientiousness. Although officials are also responsible for their inaction. This is fraught with serious punishment. To achieve a positive result, you need to know the rules for compiling a complaint. It should not have slang sayings, threatening moments. To describe a claim for inaction is to point to a specific person without blaming the government, system or the whole department.
Characteristic cases
In order for bailiffs to carry out their duties in the proper manner, you need to complain. Only in a legal way can one achieve protection of one’s interests from bailiffs, since official inaction is, first of all, immoral on their part. The most frequent requests for help were the following reasons:
- the debt has not been collected for a long period, enforcement actions are not performed;
- activities launched in violation of rights and interests;
- expiration of debt collection periods;
- denied acquaintance with material on enforcement proceedings;
- compulsory debt collection was carried out; voluntary debt repayment was not provided.
Inaction is evidence that the bailiff did not fulfill his professional duty on time, which caused substantial material damage to the interested party. There are bodies of different levels and competencies that can restore violated rights.
Address Directions
Unscrupulous employees of the executive body can be affected in several ways. At the request of the applicant, you can gradually begin to restore justice or send a claim to several addresses at once:
- the direct chief of the bailiff, the senior in the unit;
- to the prosecutor;
- to the court.
The court should be contacted after an unsuccessful achievement of the goal. It should be noted that the senior bailiff will not disregard the complaint, will begin to correct the errors in the work. It is also undesirable to conflict with the supervisory authority in the form of the prosecutor’s office, the FSSP, since the prosecutor will not allow ignoring the recommendations coming from them on correction of violations, he will also become the initiator for filing a lawsuit.
Time limits
You can file a complaint about the inaction of an official within 10 days. The countdown begins the day after the news of violations. For example, denial of acquaintance with the case orally on legal requirements. From the next day, the deadline for submitting an application will begin. In the case of a mail notification, you need to keep a receipt of receipt. This date will serve as a guide. The terms in all examples are restored if the applicant has good reason for missing them:
- diseases with confirmation (medical examination);
- departure on a business trip;
- lack of message.
The weight of the grounds for the late submission of claims is determined by the judge. His loyalty can be counted on with a proven fact on any occasion, except for legal illiteracy.
Claim content
A complaint is written indicating specific requirements for the inaction of the bailiffs. Correctly fill out the document will help samples.
Example 1
You need to take the narrative seriously. This is not an artistic opus, so you should not get away from specific facts.
Example 2
The structure of the claim is as follows:
- indicate the details of the violator and their own data;
- describe the situation;
- indicate that the bailiff did not comply;
- list violation of rights and legitimate interests;
- require the execution of actions.
Mandatory reflect contact details for communication. Filling out the form does not require legislative references, but they are never redundant. Federal Law No. 229 will serve as the fundamental legislative act for enforcement proceedings. As evidence, attach copies of supporting documents.