The complaint against the bailiff-executor: a sample of drawing up

The complaint against the bailiff is a common phenomenon in law practice. Despite the rather narrow focus of the organization's activities, many officials write a lot about its officials. Papers pass all instances, services and judicial levels.

What causes complaints?

The complaint against the bailiff-executor by citizens and organizations is sent for various reasons. They are concluded either in inaction or in the wrong actions thereof. There may be several reasons:

• The bailiff illegally tries to close production.
• Does not use its authority to achieve results.
• Measures for execution were carried out in violation of procedural rules.
• The terms of enforcement proceedings are not being fulfilled.

You can assess the correctness of the actions of an official by reading two laws: "On Enforcement Proceedings" and "On Bailiffs." The second act is very interesting. It contains, for example, provisions on how the bailiff has the right to enter the debtor's home. If you are unhappy with the actions of this employee, you can write the appropriate paper. In order for the complaint against the bailiff to be effective, read the current legislation, as periodically it is amended.

Help is provided by lawyers who used to or worked in the service, or have experience in drawing up relevant documentation. Each situation is unique. You can not fit it under one template, otherwise everything would be much easier. Therefore, not having confidence in the correctness of their actions, it is advisable to consult a lawyer, at least for advice.

What are the opportunities for the production side?

The document should be prepared on the basis of production materials. Otherwise, the application will not have the desired effect. Executive enforcement is a continuation of the litigation. Each of the parties has the opportunity to get acquainted with the case materials. So it turns out to check what and when the performer did in this or that particular case.

The complaint about the inaction of the bailiff often shows that the official deceives the citizens, speaking about the work done, which he did not do. It's worth looking in the folder with the materials, but it's empty. The recoverer or the debtor can:

1. Get acquainted with the case materials.
2. Make extracts, copies with cameras or telephones. Now almost every person has this opportunity.
3. Submit a complaint to the bailiffs.
4. Ask to take any action. For example, impose restrictions on the driving of vehicles.

Applications for inaction or unlawful actions are sent at the option of the complainant or superior authorities, or to the court. It is more profitable to send the paper immediately to the last instance. They have no interest in statistics. The chief bailiff can react more quickly and cancel the absurd decisions of his subordinate. The loss in court is much worse than the decision within the service. Much is still determined by the relationship between authorities in the region.

How to prepare material for a complaint

First of all you need to get acquainted with the production. A request for this is submitted to the office of the service. It is desirable for the applicant to keep a copy with a note that the document has been accepted. In the folder with the documents you need to find the following information:

• Directions of inquiries to banks, STSI, Rosreestr.
• Whether there were attempts to restrict the debtor in the rights to drive transport.
• Whether measures were taken to enter the debtor's home.
• Whether the bailiff used the information that the recoverer provided him.

In banks or other financial organizations, savings, money on accounts can be stored. What can the recoverer tell? He can point to valuable property (jewelry, real estate, cars) owned by him. At the same time, land and housing need not be registered.

The complaint about the failure of the bailiff is justified by the fact that the official does not use the power to register the rights of the debtor with the further purpose of its implementation. Prove that the performer is aware of the property of the debtor, can be copies of statements. They are served either in the office, or sent by post.

By what scheme do they complain to the boss?

The complaint against the bailiff-executor is written according to one scheme. The reasons that made a person do this do not have much significance. The paper is drawn up in accordance with the provisions of the law "On Enforcement Proceedings" or procedural legislation. Paper in the court also form a single scheme, but we'll talk about it later. In state structures, it is common practice to receive complaints through the Internet, but so far it is difficult to call the system effective.

A sample complaint against the bailiffs can be found in the relevant department. It should contain the following information:

1. FULL NAME. The author of the document or the name of the organization.
2. Address, contact information.
3. Instruction of the official to whom the document is sent.
4. The word "complaint" is written in the middle of the line, so the goal of the document is immediately clear.
5. Further, the circumstances that prompted a person to complain are outlined.
6. Then the request or the desired result for the person being addressed is indicated.
7. Date, signature of the author.

A statement of the circumstances is a chronological description of events, a detailed analysis of what exactly the violations are. It is desirable to refer to a normative document that gives grounds for talking about the fact of violation.

Importance of meeting deadlines

All provisions of the law give the right to complain about the police officer for 10 days. The allotted time is counted from the next day when the event occurred, or it became known to the person concerned. For example, on January 10, property was confiscated. Time is counted from the next day - 11.01. If the last day of the term falls on a weekend or a public holiday in which the state bodies do not work, it is extended to the nearest worker.

If a complaint is filed against the decision of the bailiff, which the interested person has learned by receiving it by mail, the time for sending is counted from the day of receipt. It does not matter how much time has passed since the decision of the bailiff. The missed deadline is allowed to be restored by writing an additional request. This applies to complaints about instances within the service and in court. True, the term is prolonged with the condition of validity of the pass (illness, absence of notification due to the slowness of the mail).

The process of considering the complaint in the order of subordination

According to the law, the papers are transferred to an official responsible for making a decision on them. If a particular officer does not have the right to deal with this matter, and the citizen has indicated the wrong person, the complaint is sent to the person whose authority it is to consider. Thus, the chief bailiff in charge of the whole service, having learned that one of the stages of appeal has been omitted, sends the materials to the corresponding subordinate.

Errors of this kind are not grounds for automatically refusing a complaint. As a general rule, it is not necessary to attach papers that substantiate the complaint. If the auditor finds it necessary to obtain additional information from the applicant, he will ask them to present. In case of waiting for other materials, it is allowed to suspend the period for consideration of the complaint for a maximum of 10 days.

When the bailiffs do not accept the document for consideration?

In Art. 124 of the law on issues of enforcement proceedings lists the reasons for refusing the request:

• Challenging the results of property valuation.
• Missed deadlines, there is no request for their restoration.
• The above requirements for the complaint are not met.
• The person complaining does not work in the service.
• On this occasion, the decision of the judge.

Where to write if the first complaint did not help

It does not always happen that the complaint is triggered on the first attempt. In this case, the law provides for the right to apply to higher authorities in the order of subordination:

1. Senior Bailiff. He leads the management of performers.
2. Deputy head of the department. He is sent a complaint to the senior bailiff.
3. The chief bailiff of the subject complains about the actions or omissions of his deputy.
4. On the main bailiff the complaint is written to the chief bailiff of the Russian Federation.

Nothing is said about the terms of appeal. It is desirable to meet within ten days. Below is a written example of a complaint against a bailiff.

Complaint to the judge

The court is the second instance where you can turn if you are dissatisfied with the actions of officials, citizens, organizations. A sample of the complaint against the bailiffs is on the wall of the waiting room. Such papers give people an idea of how to write. The forms are provided for free download and on the Internet on the sites of ships. And it is not necessary to look for an institution serving the district where the complainant lives. What you need to specify in the document:

• Information about the court to which the document is sent is entered.
• The defendant is indicated in the case - the bailiffs' management or a particular performer.
• In the middle is written "Statement of Claim" or "Complaint to the court." It depends on what kind of question.
• The circumstances of violations are indicated, references to the law are given.
• A request is being written. For example, to cancel the decision, to recognize illegal the decision, to oblige to perform certain actions, etc.

Some subtleties when applying to the court

The request to the court must be specific. Themis will not choose the way of his defense for the applicant. In particular, it is permitted to demand paper that the applicant can not obtain independently on his own. But in this case it is necessary to explain in detail why they need it. Complaint to the bailiff service is provided free of charge. But judges often ignore this position. They oblige citizens to pay a duty, suspending production. There are two ways out: either complain about these actions, or pay money.

In the annex, which follows the request to the court, the name of the documents attached to the claim is rewritten. This can be a copy of the complaint, the decision, etc. Then the author's signature is put. If a paper is drawn up and sent by a representative, a copy of the power of attorney is attached. In the CAS processes, the representative still needs a diploma of a lawyer. Several sets of documents are being prepared: for the court and each party. Complaint to the head of the bailiffs, if necessary, is written separately.

If they did not help in court ...

The papers are sent to the court, acting as appellate instance: the regional, regional, city court of the city of federal significance, the Supreme Court of the Republic. The appeal is written:

1. The name of the court.
2. Information about the author of the complaint: Name, address of the person. Persons, information about the organization.
3. Requisites of the court decision, to which the complaint was written.
4. The essence of the complaint (which norms of the laws are not fulfilled or performed correctly, what circumstances or evidence were ignored or, conversely, are far-fetched and unreasonable).
5. The application is described.
6. The signature of the submitter, date is put.
7. A copy of the power of attorney, a diploma of a lawyer, and a receipt for payment of the state duty are attached to the document.

The time limit for the complaint is 1 month from the date of the decision. The materials are submitted to the court, which issued the first resolution. Then, the compliance of the complaint with the law is checked. And only then she goes to the appropriate court. The cassation is given for 6 months, for the supervisory instance - 3 after the adoption of the decision on the appeal.

Should I complain to the prosecutor's office?

Write a complaint to the bailiffs and prosecutors. They are obliged to check the legality of their actions on the applications of citizens. They can also go to court, protecting their rights or state interests. There is an official letter on issues of enforcement proceedings. In fact, prosecutors will forward citizens to the heads of the appropriate level or to the court.

It makes sense to go, when the stages of the bailiff service have been passed, or there is a suspicion of corruption or a crime. At the same time, defending your rights, you should not miss all the opportunities - suddenly the system will work. Inaction has not helped anyone. At the same time, their complaints must be argued and do not allow excessive emotional behavior.