Application form to the bailiff for a writ of execution. Where to complain about bailiffs and what may be the subject of a complaint

One of the ways to intensify actions to enforce a court decision is to file a complaint with the senior bailiff. It is desirable to have a reason. For example, the actions of a bailiff are contrary to the law. The bailiff fails to act or otherwise violates the rights of persons participating in the case. But in general, filing a complaint will force attention to. Subject to compliance with the requirements for the content of the document.

The procedure for filing a complaint is regulated by Chapter 18 of the Federal Law “On Enforcement Proceedings”. The law established requirements for the filing deadlines, form and content of the document. In addition to complaints, citizens and legal entities always have the right to go to court.

Example of a complaint to a senior bailiff

Senior bailiff

OSP Zarinsky district

Altai Territory

from Petrenko Viktor Sergeevich,

address: 656000, Barnaul, st. Vyazemskaya, 115, apt. 2

tel. 854258156

I, Petrenko Viktor Sergeevich, am the claimant in the framework of enforcement proceedings dated December 17, 2021 No. 2346/14/24346/2021. I received a writ of execution, series FS No. 148/14, on December 16, 2021 in the Zarinsky City Court of the Altai Territory in a case caused by an accident. Personally presented it to the OSP of the Zarinsky district. The debtor in enforcement proceedings is Vasilina Igorevna Kory. Enforcement proceedings are being carried out by bailiff Anton Sergeevich Zaitsev. So far, 5,000 rubles have been recovered in my favor. in accordance with the foreclosure of the debtor's funds. In addition, a decision was made on a.

On October 11, 2022, I contacted the bailiff with. I have established that enforcement actions in my case have not been carried out since April 2022. In violation of Art. 14 and 64 of the Law on Enforcement Proceedings, the debtor did not provide information about the property owned by him and about the accounts held in banks or other credit organizations. In violation of Art. 65 of the Law, an executive search for the debtor’s property has not been announced. Measures to foreclose on the debtor's property were also not carried out.

Based on the above, guided by p. 14, 50, 64, 65, 123-124 of the Federal Law “On Enforcement Proceedings”,

Consider my complaint on its merits.
Conduct a check of the information I have presented and oblige the bailiff of the OSP of the Zarinsky district to take and implement all measures provided for by the Federal Law “On Enforcement Proceedings” to satisfy my demands in accordance with the writ of execution and within the framework of enforcement proceedings dated December 17, 2021 No. 2346/14/24346/2021.
Notify me about the consideration of the complaint in the manner prescribed by Art. 127 of the Law.

Petrenko V.S. October 20, 2022

Complaint to the senior bailiff: content

Any person who takes part in the process of executing a court decision (another body) has the right to submit an application (complaint) to the senior bailiff. These are both and participants (including within the framework of the commission).

The applicant has the right to file a complaint within 10 days from the date of the disputed decision, refusal to satisfy applications (for example, for renewal, etc.), or from the fact of establishing the inaction of the bailiff. In the latter case, the complaint must express what exactly the inaction was. That is, what actions should the bailiff have taken (and within what time frame). If 10 days for filing a complaint are missed, the applicant submits a petition to restore the missed deadline.

The text of the complaint must include the following information:

Full name, position of the official whose actions, refusal to commit them or whose inaction is being appealed;
FULL NAME. applicant, address, contact telephone number.
Grounds for appeal (legal basis of the complaint).
Requirements: consider the complaint, bring to justice, cancel the illegal decision, etc.

Documents contained in the case file may not be provided. But if the applicant has them, but is not present in the case (this can be found out by submitting an application for familiarization with the enforcement proceedings), they are attached to the complaint. The document is signed by the applicant himself or his representative (if there is a power of attorney). Moreover, a special power of attorney.

The following documents cannot be appealed: on the collection of a; the result of a property valuation made by an appraiser. Or if a similar complaint has already been considered by the court.

Rules for filing and considering a complaint to a senior bailiff

A complaint against the decision of the bailiff is submitted to the senior bailiff, who is his superior. This can be done at a personal appointment through the UFSSP website.

Article 123 of the Law on Enforcement Proceedings contains a list of persons to whom the complaint is addressed. It depends on who approved the decision being appealed. In principle, the applicant can immediately send a complaint to the chief bailiff. This is the head of the Federal Bailiff Service for the region. It will be addressed (redirected) to the address.

The response to the complaint must be received within 10 days from the date of filing the application. And if consideration is refused, within 3 days. In the latter case, you can file a complaint with the chief bailiff or in court.

A complaint to the senior bailiff can be submitted any number of times before the end of enforcement proceedings.

Every citizen is given the opportunity to protect his interests. This can be done by filing a claim in court or appealing decisions, decisions, or behavior of officials. This possibility also extends to the period of application of coercive measures. Let us consider further how a complaint against the bailiff service is drawn up.

When does the need to challenge arise?

Samples of complaints against bailiffs indicate a wide variety of reasons why citizens want to file an application. One of the main ones is the failure of an official to comply with legal requirements. For example, a creditor can convince an unscrupulous bailiff to issue a ruling on an expired writ of execution or begin forced proceedings without defining a period for the debtor to voluntarily fulfill his obligations. There are often cases when the defendant’s property is seized, the value of which is several times higher than the amount of debt imposed by the decision. You can also file a complaint against bailiffs if they deny you the opportunity to familiarize yourself with the materials of the proceedings.

Normative base

A complaint against a bailiff is drawn up in the manner prescribed in Chapter. 18 Federal Law No. 229. The rules are also formulated in Law No. 4866-1. According to its provisions, a complaint can also be filed against the actions of a bailiff and decisions of an official that violate the freedoms and interests of citizens.

What is the deadline for submitting an appeal?

Consideration of claims is carried out by an authorized authority in accordance with the rules provided for in Chapter. 25 Civil Procedure Code. A complaint against a bailiff's decision can be sent within 10 days from the date of its issuance. In practice, there are cases when the debtor is not notified in time about the start of proceedings. In this case, a complaint is filed against the bailiff’s inaction. It is sent within ten days, the calculation of which begins from the moment when the citizen became or should have become aware of the start of the proceedings. If the established period is missed, a citizen has the right to write a petition for its restoration. The application must state valid reasons and provide evidence. If the court considers the grounds for missing the deadline to be insufficient, the petition will not be granted.

Reporting order

Appeals against the actions of the bailiff and the acts adopted by him are carried out in the city (district) court. The application is sent to the authority where the official performs his duties. During the consideration of the claim, the official will be required to prove that his behavior complies with the law. A complaint to the senior bailiff is sent to acts adopted by a person subordinate to him, except for those approved by him. A complaint to a superior person is also addressed in the event of challenging the behavior of a representative of the FSSP. A complaint against a bailiff, his behavior and approved acts is sent to the head of a unit of a constituent entity of the Russian Federation. This rule also applies to statements challenging the behavior of department heads and their deputies. A complaint against a bailiff (his behavior and acts adopted by him) can be sent either directly to higher officials of the SSP, or through the employee against whom the claims are made.

Procedure for consideration

A complaint against a bailiff is sent to the management of the employees whose acts and behavior are disputed within three days from the date of its receipt. If the official who received the application does not have the authority to consider it, he is obliged to transfer the application to an authorized specialist by sending a written notification to the applicant. The latter may withdraw the claim before a decision is made on it.

Compilation requirements

A complaint against a bailiff (his behavior or acts adopted by him) must be made in writing. The application must be certified by the signature of the applicant or his representative. In the latter case, the claim must be accompanied by a document confirming the authority of the person.

The content of the appeal must indicate:

Full name, position of the bailiff whose behavior, refusal or adopted act is disputed.
FULL NAME. citizen or name of organization, place of stay (residence, location) of the applicant.
The grounds on which a claim is made regarding the behavior, act adopted, or refusal of an official.
Directly the applicant's requirements.

Important point

When sending a claim, the applicant may not attach documents confirming the circumstances cited in it. If the presence of this evidence will be important when considering the complaint, the official authorized to consider it may request it. In this case, the period during which the claim is being processed will be suspended until the necessary documents are received, but for no more than ten days.

Terms of consideration

A complaint filed in the order of subordination must be verified within 10 days from the date of receipt. Review is carried out only by an authorized person. If a complaint about the behavior of the bailiff or the act adopted by him is accepted by the court, the verification of the claim filed in the order of subordination is suspended.

Cases of challenge

The decisions of the bailiff, his behavior to ensure the implementation of the obligations established in the decision of the authorized body can be appealed to a general jurisdiction body or arbitration. The authority must be located in the territory where the specified official carries out his work. A claim may be submitted during execution:

Requirements contained in documents adopted regarding citizens or organizations engaged in business without forming a legal entity.
A writ of execution, which is issued in an arbitration court.
The bailiff's decision made on the basis of Part 6 of Art. 30 of the above Federal Law, if the debtor is a citizen or an organization engaged in business without forming a legal entity, and the proceedings have been started in connection with its commercial activities.
Other cases provided for in the APC.

In situations not listed in Part 2 of this article, the claim is sent to an authority of general jurisdiction. The authorized body considers the received application within 10 days in the manner established in the procedural legislation of the Russian Federation and taking into account the features provided for in the Federal Law.

Nuances of filling out a claim

In the part where the details of the parties should be, the name of the body to which the complaint is addressed should be accurately indicated. The application must include the position and full name. persons whose behavior or adopted act is disputed. This information appears after the word "complaint". The content of the claim should present the events in the order in which they occurred. If, for example, the citizen was not notified that enforcement proceedings had been initiated, it is necessary to cite the circumstances that occurred at that time. If he was absent and therefore did not receive notice, he should indicate the reason and location, and attach documents confirming that the reasons were valid. If a citizen turned to the bailiff with a request to familiarize himself with the materials of the proceedings, but was refused, the words and actions of the official must be clearly stated. Directly during the application, you can ask to write an explanation of your behavior. If the bailiff refuses to do this, then this should also be indicated in the claim. As stated above, it is not necessary to attach documents proving the illegality of the official’s behavior. However, experts recommend still filing a complaint with them.

This will prevent the claim process from being delayed. When describing the circumstances, it would be nice to provide references to legislative acts. A qualified lawyer can help with this. Your requirements must be stated clearly, so that they cannot be interpreted in two ways. At the end of the application you need to list the documents attached to it. At the very end, be sure to sign and put a number. If the claim is made correctly, it will be considered. If the registration procedure is not followed, the complaint will be returned.

Alternative option

There is another way to fight unscrupulous officials, besides filing a complaint about their behavior or adopted acts. It consists of giving publicity to the ongoing arbitrariness in regional and city media. As practice shows, officials are not at all happy with the prospect of being negative characters in television stories or newspaper or magazine articles. Such radical actions by debtors, as a rule, entail verification of the competence of all activities of the employee, and in some cases, the entire department. As a result, the matter is placed under the control of senior managers.
Identified violations of legislative norms entail administrative and disciplinary liability, the imposition of penalties, recording of cases in personal files, removal from service and many other unpleasant consequences. The public outcry does not allow the case to be left without consideration or to be “unsubscribed” from the claim. Giving publicity to such cases has a negative impact on the reputation of the FSSP. In some cases, going to the media can be even more effective than appealing against decisions or behavior of bailiffs in the prescribed manner.

Finally

What method will be used to protect rights is up to everyone to choose for themselves. However, in any case, it must be remembered that actions must not contradict the law. For those who choose to appeal in accordance with the procedure established by the Federal Law, they should carefully study the requirements of the norms and observe the period during which a claim can be filed. If necessary, you can seek advice from a qualified lawyer.

So you decided to find out Sample application to bailiffs. You can find a very large number of forms on the Internet. How to distinguish between a real one and one that will suit your problem. There are simple rules. Find the author of the sample. The correspondence of the journalist who found the sample will reveal the properties of the sample. It is important to know when it was compiled. Old templates won't help much. The critical question is in which country it could be used. Not everything on the Internet is suitable for every occasion. To be on the safe side, find a few more similar ones.

After the court decision comes into force, the plaintiff receives a writ of execution, which will allow the institution of enforcement proceedings against the defendant to enforce the decision. In order to present a writ of execution to the bailiffs, first of all, the claimant needs to competently prepare an application to initiate enforcement proceedings, and then submit the appeal and relevant documents to the FSSP of the Russian Federation, where after seven working days he will be issued a resolution to initiate enforcement proceedings or to refuse excitement.

Preparing an application to bailiffs is the most important stage, since it is with the application that the direct acquaintance of the claimant with the bailiff begins, who will subsequently work with enforcement proceedings. The plaintiff’s statement will create the first impression on the bailiff, so how competently and meaningfully it is drawn up, the more productively the bailiff will work on it.

When writing an application, bailiffs should take into account that it must contain specific information:

Full name of the territorial division of the FSSP of the Russian Federation to which the appeal will be sent, including its address;

Full name of the claimant-citizen, full details of the identity document, permanent place of registration and address of the place of actual residence, if not the same, also, if available, the taxpayer identification number should be indicated; if the recoverer is an organization, then indicate: its full name, taxpayer number, state registration number, place of registration and legal address;

Bank details of the collector (account number, etc.), for subsequent transfer of collected funds;

Full name, number and date of issue of the writ of execution, full name of the body that issued the document and the name of the regulatory document on the basis of which the writ of execution was issued. You should also indicate the size of the requirements.

Taking into account the fact that, as a rule, the collector knows some information about the debtor, which can significantly help the bailiff to carry out enforcement actions, thereby reducing the time for fulfilling the requirements, it is recommended to indicate them in the application. The required information may be:

Debtor's telephone numbers;

Information about the place of study or work of the debtor;

Information about his movable or immovable property;

Information about the debtor’s receipt of scholarships and benefits subject to recovery;

Information about bank accounts;

And other information.

In addition, in the application, in addition to the address, you should indicate other contact details of the collector, such as telephone numbers or email addresses, so that, if necessary, the bailiff can contact him at any time.

The claimant can personally submit the application and the documents attached to it to the FSSP department or send it by registered mail with notification.

Download a sample application to bailiffs

How to make a statement to a bailiff

After the trial has ended and you have received a writ of execution, you need to take it to the district bailiff department. The writ of execution must be accompanied by a statement, but writing it correctly will require a little preparation.

We write a statement to the bailiff service

Start by indicating the name of the bailiff service, the name (and address) of the debtor, and the name (and address) of the collector.

In the text of the application, describe the request and be sure to justify it. For example, start by indicating the date of the court hearing, describe the court decision indicating the amount and its breakdown, the name of the debtor living at the address (indicate the address), in whose favor (name and address). A copy of the court decision and the original writ of execution on four pages is attached.

At the end, ask to collect and transfer the amount to your account. Indicate where you want to transfer the money and your bank account number. Write the full name of the bank and all necessary details.

In a separate line, indicate the attachment of the original writ of execution, its number and a copy of the court decision.

At the end of the application, put the date, initials, surname (with mandatory decoding) and signature.

Print two copies of the application (only typewritten copies will be accepted).

Be sure to ensure that your copy of the application is signed and stamped with acceptance. Within three days you will be assigned a bailiff. As a rule, bailiffs conduct appointments several times a week. While waiting, you will be able to familiarize yourself with Federal Law No. 229-FZ “On Enforcement Proceedings”. The bailiffs do not have the right to refuse to accept a writ of execution from you, provided that you present all the documents regulated by the above-mentioned document.

Sample application to the bailiff service

Application to bailiffs, sample, form

To the Dyuzinsky Department of Bailiffs

bailiffs in Moscow

____________________________

917105, Moscow, Vashavskoe highway, 2-b6.

Application to bailiffs

Verdenko Nikanor Aleksandrovich, born September 31, 1979, place of birth: mountains. Petrovsk-11, Moscow region, citizenship: Russian Federation, passport series 416 077 No. 83592592, issued by the Department of Internal Affairs of Petrovsk-11, Moscow region on September 31, 2006, department code 5502-8062, residing at the address: Moscow region, Petrovsk-11, st. Gaozernaya, 812, apt. 933,

on behalf of Verdenko Stanislav Aleksandrovich, born June 31, 1977, place of birth: Petrovsk-11, Moscow region, citizenship: Russian Federation, passport series 299 101 No. 82589862, issued by the Police Department of the Vorovsky District Department of Internal Affairs, Kaluga Region on June 7, 2002, subdivision code 4403 -0505, living at the address: Moscow region, Petrovsk-11, st. Gaozernaya, 312, apt. 033, (copy of power of attorney No. 8815D-2199867 dated December 15, 2013 is attached),

in accordance with Art. 30 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, sends the Writ of Execution series “USS” No. 770203719883, issued on October 19, 2013 on the basis of the Decision of the Dyuzinsky District Court of Moscow dated February 2, 2013 (case No. 2-391401/2012), to initiate enforcement proceedings and collect funds from the defendant in the amount of 720,200 (seven hundred twenty thousand two hundred) rubles 99 kopecks.

Defendant - Duzvak Nikanor Aleksandrovich, born on February 29, 1916, place of birth: the city of Yeniseisk-13, Krasnoyarsk Territory, citizenship: Russian Federation, passport series 495 048 No. 19278142, issued by the Air Defense Department of Internal Affairs of the Western Butovo district of Moscow on September 31, 2006, division code 7172 -0977, living at the address: 817042, Moscow, Pechersky proezd, 254, apt. 547, place of work: limited liability company "Delpo M" (OGRN - 206773464087849, INN - 972725710461, legal address: 617303, Moscow, Bolshaya Dunskaya St., 122A, building 22, office 9302), position - manager . Tel. 791-91-43-45 ext. 334.

To transfer funds, we provide the details of the collector Stanislav Aleksandrovich Verdenko:

Recipient bank: SBERBANK OF RUSSIA OJSC Moscow, BIC bank: 044525225, INN: 877070583893, KPP: 195032403001, CORRESPONDENCE/ACCOUNT: 30101810400000000225 in OPERA MSTU SB RF, Recipient's bank account: 3 0301810240006004029332, recipient: Petrovskoe OSB No. 912458/08043 , No. 70 917 810 33 40829 0290 30997, Verdenko Stanislav Aleksandrovich.

Application:

1. Original writ of execution, series “USS” No. 770203719883, issued on October 19, 2013, on four sheets.

2. Copy of power of attorney No. 8815D-2199867 dated December 15, 2013.

Legal assistance and all legal services here

Sample application to the bailiff service with a writ of execution

In accordance with Art. 30 of the Federal Law "On Enforcement Proceedings" dated October 2, 2007 N 229-FZ

1. The bailiff initiates enforcement proceedings on the basis of a writ of execution at the request of the claimant, unless otherwise established by this Federal Law.

2. The application is signed by the claimant or his representative. The representative shall attach to the application a power of attorney or other document certifying his authority. The application may contain a request to seize the debtor's property in order to ensure the fulfillment of the requirements for property penalties contained in the executive document, as well as to establish for the debtor the restrictions provided for by this Federal Law. The claimant may indicate in the application to initiate enforcement proceedings the information known to him about the debtor, and also attach to the application documents containing information about the debtor, his property status and other information that may be important for the timely and complete fulfillment of the requirements of the enforcement document.

Federal Service Administration

Bailiffs in the Tomsk region,

department of bailiffs of the Sovetsky district,

Tomsk, st. Vavilova, 14

Last updated February 2019

It is possible and necessary to file a complaint about the inaction of the bailiff. Inaction is the failure of the bailiff to fulfill his official duties. The most common cases when citizens make complaints about his work:

failure to carry out enforcement actions to collect debt for a long time;
committing actions that violate rights and interests;
the period for collecting the debt (or other obligations) by the bailiff has expired;
unreasonable refusal to familiarize yourself with the materials of enforcement proceedings;
carrying out forced collection without providing the opportunity to voluntarily repay the debt.

To defend your interests and restore violated rights, you need to complain about the work of bailiffs, namely to various departmental bodies or the court.

Where to write a complaint

There are several options for influencing a performer who does not want to work:

complaint against the bailiff to the senior bailiff;
appeal to the prosecutor's office;
complaint to court;

Let's consider all the options listed where you can complain in more detail.

To the senior bailiff

If you contact the senior bailiff of the district department of the SSP (subject to the procedure and conditions specified above), then the period for consideration of the merits of the application is 10 days.

The powers of the performer, although not unlimited, are quite large. For example, for a working debtor, on the basis of a writ of execution (sent by the executor), the accounting department is obliged to withhold from his monthly salary and transfer to you 25-50% of his income (depending on the number of children).

Also, it will be effective to send the application directly to the regional office of the SSP. Despite the fact that the claim will be redirected down to the area, it will already be automatically taken under control.

Based on the results of consideration of the appeal, the applicant will receive a written response, which must indicate all the actions that the contractor performed to collect the debt.

Complaint to the prosecutor's office

A complaint to the prosecutor's office is very correct. The law provides for a 30-day period for its consideration. An analysis of the practice of considering complaints of this type by the prosecutor’s office shows that their satisfaction is up to 90% depending on the region. This indicator also indicates the ineffectiveness of filing a complaint against an ordinary police officer with a senior police officer; The fish rots from the head.

Complaint to court

Filing a claim in court is also an excellent way to assert your rights. In this case, the applicant applies to the district court with a complaint to declare the bailiff's inaction illegal. This wording cannot be changed; this is how the complaint should be called.

The law provides for a short period of consideration of such appeals - no more than 10 days.

When going to court, it would be a good idea to seek professional help from a lawyer or lawyer. The money spent on remuneration will be collected from the SSP department, and ultimately from the salary of the negligent official, whose inaction you appealed. Thus, the executor will be well motivated when going to court or the prosecutor's office.

It should also be remembered that Complaints to the court are not subject to a fee.
Based on this, decide where to file a complaint.

A complex approach

The law does not prohibit combining appeals to the chief bailiff and the prosecutor. This approach is the most correct; the more attention from various authorities will be attracted to your problem, the better. The chances of resolving the debt issue increase.

At the same time, the content of such appeals will be exactly the same. Only the addressee will change. Therefore, since the law does not prohibit this, it means that it makes sense to use an integrated approach.

Deadline for filing a complaint

The current legislation provides for a 10-day period for appealing the inaction (actions) of the performer. The period begins on the day when you became aware or should have become aware of the violation of rights.

For example, an application for familiarization with the materials of the enforcement case was refused. The next day the period for appeal begins. If such a refusal is sent by mail, then the start date of the period is considered to be the day the applicant receives the illegal response. This period can be restored if it is missed for a valid reason.

Valid reasons include:

being on a business trip;
disease;
not receiving the corresponding letter.

At the same time, legal illiteracy does not serve as a basis for reinstating the missed deadline, since everyone has the right to contact a lawyer or lawyer.

What should it contain?

The claim must meet certain requirements. Otherwise, the appeal may be left without consideration for formal reasons:

Firstly, the complaint must not contain offensive language. The presence of obscene language in it (and it happens) is grounds for refusal to consider. Therefore, it is necessary to control yourself, no matter what feelings you experience.
Secondly, the complaint must be as specific as possible. The applicant must clearly indicate what the violation of his rights is; what was the inaction of the bailiff (what actions did he not perform); your demand.

Complaints about inaction must consist of several parts. An example of a complaint, or rather its structure:

Description of the situation that occurred;
An indication of what exactly the performer did not do;
Listing - exactly what rights and legitimate interests of the applicant are violated;
A requirement to perform certain specific actions.

It is also advisable to indicate your contact phone number in the application. It may well happen that they will want to meet with you, and this is another reason to convey their demands. It may be a small victory, but it is a victory.

The complaint form does not provide any specific wording or mandatory references to the law. The main thing is specificity and clarity of appeal.

There are some features of the content of the appeal submitted to the senior bailiff, prosecutor or court.

Complaint to the head of the department must contain a requirement that the bailiff perform specific actions.
Complaint to the prosecutor must contain an expression of disagreement with the bailiff’s inaction and a demand to conduct an inspection, restore violated rights and punish the guilty officials.
A complaint to the court must necessarily contain a demand that the performer’s inaction be declared illegal.

It is advisable to attach copies of the documents you have to your application; they are the ones who can prove the validity of your arguments and testify to the illegality of the bailiff’s inaction.

Sample complaint against the actions of the bailiff

No. 1 – senior police officer of the department

Senior bailiff
_______________city department

from Afanasyeva A.N., address

/date/ bailiff executor G.S. Chervyakov. Enforcement proceedings have been initiated against S.L. Afanasyev, who is evading payment of alimony for the maintenance of our common minor children /indicate children’s details/.

Afanasiev, based on the decision of the magistrate, is obliged to pay 1/3 of income from all types of earnings. For a long time /specify period/ Afanasiev has been avoiding paying alimony, the amount of debt is /specify amount/. Despite the fact that the debtor drives his own car and works /indicate place of work/, the bailiff does not take any actions aimed at collecting the debt.

During the execution of enforcement proceedings, only /indicate the amount/ was collected from the debtor. Meanwhile, no actions have been taken to arrest his car, inventory and confiscate his personal property. The debtor's wages were also not levied.

The inaction of the bailiff entails a violation of the rights of my minor children, since I cannot provide them with the necessary clothing and school supplies.

ASK:

Recognize the inaction of the bailiff G.S. Cheryakov. illegal, violating the rights of minors /specify data/.

Oblige him to carry out enforcement actions as soon as possible to seize the debtor’s car, inventory and confiscate property belonging to the subject at the place of residence /indicate the address/.
Take other measures aimed at completing enforcement proceedings as quickly as possible.

18.01.2019
Afanasyeva A.N.

No. 2 – to the prosecutor’s office

Prosecutor /…/ district
Title, full name

from Sinyakina M.F., address

COMPLAINT about the inaction of the bailiff

/date/ the judge of the district court of the city of Nizhny Novgorod made a decision to recover from Vasilchenko R.O. in my favor money for causing moral damage. In order to execute the court decision, /date/ the bailiff Kuptsov P.D. enforcement proceedings were initiated against Vasilchenko R.O.

For a long time /specify period/ the bailiff does not take any action to collect the debt. However, I know for sure that Vasilchenko R.O. works at Olympus LLC and receives a monthly salary. Despite my requests from /date/, the bailiff did not check this information, and did not send the writ of execution to the organization’s accounting department. I believe that as a result of the inaction of the bailiff, my rights were violated.

ASK:

Request enforcement proceedings against Vasilchenko R.O., assess the inaction of the bailiff Kuptsov P.D.

Force him to take all necessary measures to establish the fact of the debtor’s employment and send enforcement documents to the accounting department to collect the debt.
Take other prosecutorial response measures aimed at restoring my violated rights, as well as bring the bailiff P.D. Kuptsov to disciplinary liability.

Please notify me in writing of the measures taken and the results of the consideration of the complaint within the one month period prescribed by law.

Attachment: copies of the appeal to the SSP department and responses to them on /…/ sheets.

21.01.2019
Sinyakina M.F.

How to file a complaint

There are different ways to file a complaint against a bailiff.

It is possible to complain about the bailiff via the Internet

This option is the simplest and most affordable. But, at the same time, there is no guarantee of getting an answer. Unfortunately, the bailiff service is one of the most “careless” government agencies. The applicant, of course, will be able to prove the fact of the appeal, and perhaps even the guilty official will be punished disciplinary action. But this will not solve the problem, but will only lead to a delay in resolving the issue.

Written appeal

The most effective way is a written request. Here, too, there are several rules, by following which you guarantee a real consideration of the complaint and resolution of the issue.

If a complaint is made to the boss bailiff directly by the applicant, a second copy of the appeal should be prepared. Get it stamped by the district department of the SSP service with a note of acceptance and the date of receipt of such an appeal;
If the complaint is sent by mail, then you must send it by registered mail with notification. When officials receive it, you will receive an email notification about this. This will serve as a guarantee that your appeal will not be ignored, but will actually be considered. So, if the applicant is in another region or, for health reasons, cannot come to the bailiff’s department himself, it’s okay - feel free to send a claim by mail.

Important point. When you attach any documents with your appeal (and this is the correct approach) and send it all by letter, then make an “inventory-attachment”. At the post office, the essence of this option from the Russian Post will be explained to you in more detail: you will have in your hands a document confirming the attachment, listing specific documents. This way, the attachment to your complaint will not get lost.

Consideration of the complaint

When filing a complaint with the senior bailiff, the following occurs:

During this time, the head of the department is obliged to study the materials of the enforcement proceedings, conduct an internal audit and force the negligent official to take measures to collect the debt. This can be expressed in the following actions:

seizure of the debtor's property;
taking effective measures to search for such property:
- cars - request to the traffic police
- real estate - request to Rosreestr
- bank savings – to banks
- whether the debtor has a job - the Federal Tax Service Inspectorate (tax), social and pension insurance funds about employer contributions to him;
exit to the debtor’s place of residence, description of his property and sale of it at auction.

Based on the results of consideration of the complaint, a written response must be sent to the applicant.

Prosecutor's office

During the 30-day review period, the prosecutor will request enforcement proceedings, study it and, upon confirmation of the fact of the inaction of the executor, and therefore a violation of your rights, take action. The powers of the prosecutor's office are very broad:

making a submission;
reversal of illegal decisions;
submitting a requirement;
warning announcement.

In any case, regardless of the specific measure, the prosecutor has the right to demand the elimination of violations of your rights. The bailiffs have no right to refuse him; the prosecutor’s demands are mandatory. In this case, he will be forced to take action, intensify his work, and report the results to the prosecutor.

The duration of all actions cannot exceed 30 days, since during this time the prosecutor is obliged to give the applicant a response. So within a month, work on enforcement proceedings will not only be resumed, but specific actions will also be taken.

In addition, based on the request of the prosecutor, the bailiff who violated the law will be subject to disciplinary action. He will be reprimanded or severely reprimanded, which will serve as science for the future.

Court

The order in this case is as follows:

the court accepts the complaint (there is no specific form, so follow the tips above);
requests a document;
during the court hearing, listens to the opinions of the parties (by the way, the participation of the prosecutor is mandatory during the hearing);
and makes a decision.

Disadvantages of going to court

Unlike the prosecutor, the court cannot:

give specific instructions - perform certain actions
set a deadline for this
and, if necessary, punish the bailiff.

The court makes a decision recognizing the bailiff’s inaction as illegal and imposing on him the obligation to eliminate the violations committed. Such requirements are usually not specific.

Advantages of going to court

But the court decision is especially good in that you get the right to compensation for moral damage caused by the unlawful inaction of an official of the SSP. And you collect money for moral damage from the regional department of the SSP, which, in turn, collects it later (recourse procedure) from the bailiff who allowed it. That is, he understands that he will actually answer to you with his wallet, and this is very noticeable. Because of this prospect, the performer begins to work, perhaps not out of conscience, but certainly out of fear.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

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