When the bailiff does not properly fulfill its work, it is important to find support.
To do this, it is enough to familiarize yourself with the information on how to write a complaint and where to appeal to defend your rights due to the inaction of the attachments. Otherwise, I do not solve the problem.
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How to write a complaint?
As a rule, the application is written on behalf individual. You can appeal against the actions of the bailiff by writing a complaint against it, it is important to indicate facts confirming the real inaction of the employee, for example, is not looking for a malicious defaulter alimony.
In the upper corner of the document you need to write senior or main bailiff , whose name is written and be sure to give the full name of the territorial body and its address.
For example:
Senior bailiff
department of the Bailiffs Service of the Pervomaisky District
Office Federal Service bailiffs in the Tver region
452123 Tver, ul. Baghamyan, 123.
Ivanov Ivan Ivanovich
2.Then the data of the debtor and the recoverer are indicated, and the word "complaint" is written from the new row..
For example:
Debtor: Sidorov Sergey Petrovich
tver, ul. PERPEROVOVSKAYA, D.12, KV. 10.
Charger: Petrov Petr Petrovich
tver, ul. Dobrolyubov, d. 15, square. 48.
3.After the word "complaint" from a new line from a capital letter is written the essence of the appeal.
For example:
04.05.2014 by the bailiff of Lysenko A. V. issued a decision on the initiation of enforcement proceedings at number 485349863 against the debtor of Sidorov Sergey Petrovich in favor of the recoverer of Petr Petr Petrovich, the essence of execution - the existing debt in the amount of 5555555 thousand rubles.
On the this moment The executive list of Sun No. 5748734987 dated 12.05.2014, issued by the Pervomaisky District Court of the city of Tver in case No. 4-56 / 2014 was not fulfilled.
I did not report about the executive actions committed.
4.After that, it is necessary to specify that you consider the work of the bailiff unsatisfactory.
For example:
Based on the available data, I believe that there was no work on this enforcement proceedings.
5.After that you need to specify how to contact you and, if necessary, specify additional data.
For example:
I beg to inform me about the results and the measures that had been taken against the person responsible for the execution of the production according to Article 6.1 of the Code of Civil Procedure of the Russian Federation.
Please give me a written response to the address of living, as it is not possible to appear in the SSP due to serious health problems or due to the need for a long business trip.
6.The last paragraph indicates the documents that you attach to the main application..
For example:
I apply a copy of the statement.
7.The last item contains the date of application, personal data of the recoverer and its signature.
For example:
Petrov P.P. __________________ 12/22/2015
Important!!! In addition, in a statement to specify the articles of the law, which allows to bring to justice bailiff. In the complaint, set out your thoughts clearly and consistently, avoiding emotional and spoken expressions.
Application to court or prosecutor's office
It is important to do it right. When submitting an application to the court, the document is drawn up in the same way as when submitting to the elder. The only thing to change is the address and names of the application organ.
Be sure to complete the application with copies of applications that you wrote to other instances, if any. It is better to go to court when the appeal to other instances did not give any result. Also attach the answers from all the structures from where you received letters to your appeal.
Since in court the applicant does not prove anything, but only provides documents, it is worth exactly the reason for the appeal. In response to your appeal, the contractor must refute the fact of violation or recognize the guilt.
Usually, decision on such cases to endure immediately after the first meetingIf the court does not require to collect additional documents. The advantage of submission to the court is that the plaintiff according to Tax Code RF should not pay state duty When considering cases of the inaction of the bailiff.
Such complaints do not often come to court, since they will deteriorate all the legislative power. That your application was accepted without problems and immediately went to trial for its preparation is better to turn to the competent lawyer.
Terms of consideration of the complaint
Upstream organ in obligatory Must in a short time to consider the complaint.
Under current legislation, and Chapter 22 of the Code of the administrative office, maximum amount The days allocated to this work is ten days from the date of acceptance of the statement in the office work.
If in deadlines The applicant did not receive any response, he can contact the higher authorities.
How to make bailiffs work on your debts? Watch the video:
Ekaterina Kozhevnikova
Reading time: 3 minutes
In practice, it happens that the activities of the representatives of the FSSP violates the rules russian legislation, the interests of the recoverer and the debtor, is inappropriate. If the executive production by alimony does not shift from the dead point, because the FSSP employee limited himself to a pair of calls and sending the agenda, proceed to decisive actions. One of them is a complaint with the main bailiff for the inaction of the bailiff.
When to complain about the inaction of the bailiff?
The task of FSSP employees to recover from the debtor of the amount due to the recipient. For this, the abill must:
- On a 3-day term from the date of the deciding or judicial order According to the alimony to begin enforcement proceedings.
- Notify the debtor about the opportunity to pay voluntarily within five days.
- In the absence of reaction apply to alimony enforcement measures of exposure: send the writ of execution on the job, arrest property, restrict travel outside Russia, and so on..
The interested party has the right to control the process of promoting work by. This right is fixed by Art. 50 of the Law "On executive work»№ 229-FZ. To obtain the necessary information, you need to go to the FSSP control personally or contact a written request.
If the study of materials demonstrates that the contractor did not take advantage of legal emphasis, does not affect the debtor-an alimentar, which is why it does not shift from the dead point, you need to give the question acceleration. The easiest way to defend your interests is to compare to the leadership of a non-historical employee.
Who to file a complaint?
The text of Law No. 229-FZ contains an indication that FSSP officials are authorized to consider the complaints entering their subordinates, to make decisions, determine the penalties of the perpetrators.
Use the following principle of choosing the recipient of the application:
- To appeal against actions (inaction) of an ordinary employee of the FSSP, please contact the elder bailiff - the head of an official whose work causes questions.
- In order to complain about decisions and acts of the senior bailiff, the head of the department, add the appeal to the chief attracting on the relevant region of the Russian Federation.
- To appeal actions (inaction) heads of FSSP Subject, apply the main bailiff of the Russian Federation. It is at the very top of the hierarchy of power. If his decisions and acts contradict the provisions of regulatory legal acts, for help need to be addressed to the court.
Important! The superior official cannot be complained about the ruling of the bailiff for the imposition of a fine and recovery of the fulfillment. These issues are solved solely in court.
The complaint can be submitted personally to the head or send through the bailter, the work of which causes complaints. By law, he has a three-day period for the transfer of appeal to the authorities.
Filled pattern of complaints can be downloaded:
Opinion expert
Ekaterina Kozhevnikova
Family lawyer, practicing since 2004. The motto: solve problems, and not quote the law!
If you are not sure that you can independently compile a sample statement or you have an individual case that is not suitable for a template, you can contact me directly to me. All information about how can I contact me there is on my
Terms of consideration of the complaint
According to the provisions of Law No. 229-FZ, maximum period Consideration of the written request by the leader is ten working days. The countdown begins from the day following the date of receipt.
Incoming complaints are registered in general System With the assignment of the incoming number. According to the results of the proceedings executive It is obliged to send the applicant a written response with the outgoing number. Its and text of the appeal are applied to the materials of the enforcement proceedings.
Results of consideration of the appeal
The leadership considering a citizen's statement takes one of three possible solutions.
Option number 1. Refusal to consider complaints on the merits
It is regulated by Art. 125 of Law No. 229-FZ. The decision is made within 3 days. The reason for a negative answer is:
- violation of the statute of the complaint;
- statement of the applicant matters which the appeal is allowed only in the courts;
- violation of requirements for the form and structure of the application;
- appeals of the actions of a person who is not an employee of the FSSP.
The complaint in the chain of command and a lawsuit on the same issue will not be processed simultaneously. The bailiff, who received information that the inaction of the subordinate employee appeals at the same time in court, suspends the work with a complaint, and after the decision of the decision, the judge makes a decree on refusal to consider consideration.
Usher-head, made a decision on the legality of the applicant's claims, the right to:
- cancel the ruling of the bailiff-subordinate (fully or partially);
- oblige it to adopt a new decision, the relevant provisions of existing legal acts;
- personally take a new solution;
- to recognize the behavior of the employee FSSP inappropriate and determine the measures necessary to remedy the situation.
The applicant's citizen has the right to withdraw the complaint filed without waiting for the leadership results. The appeal is returned to the following FSSP employee with a note that it was left without consideration.
Responsibility of FSSP employees for inaction
If the management of the FSSP recognized the inaction of the bailiff illegal and satisfied the complaint of a citizen, the latter is entitled to demand execution judicial decision In properly, the deadlines established by law. In relation to the debtor, you can make a criminal case under Art. 177 of the Criminal Code for malicious evasion from repaying monetary obligations.
The leadership, which received the appeal of the unhappy side, has the right to apply the following types of disciplinary responsibility to the pre-departure:
- comment;
- rebuke;
- a warning;
- liberation from office;
- dismissal.
Inactive UFSSP employee can attract administrative responsibility, this rule is enshrined in Art. 2.4 Administrative Code. The law also provides for civil responsibility bailiff. This means that losses caused by a citizen or organization due to the improper performance of the work duties of an official are subject to compensation from the state treasury according to Art. 16 of the Civil Code.
The decision to complain to the management of the FSSP is a proven way to draw attention to a specific issue that previously engaged in the sleeves. With a positive result of consideration, production will take control, and the employee will apply disciplinary responsibility measures.
Unfortunately, in our time, it is increasingly possible to observe and hear about such an offense from the executive service as inaction. As a rule, the inaction of bailiffs involves the so-called harm to third parties. But why do the executive bodies show such unlawful types of violations and is it possible to deal with it?
How to understand the fact of inaction?
Under the very fact of inaction, it is possible to understand the failure to fulfill their direct duties by the bailiff of the executor set forth in the office work in a period defined period defined by the court.
Simply put, an executive officer did not show activity that subsequently be harm to a third party.
What to do with inaction?
In the event of any facts of unreasonable inaction, any citizen whose rights have been violated, has full law Write a complaint against the bailiff. Typically, such complaints initially sent immediate superior of the person by whom the offense occurs.
But there are several criteria for which it is worth paying attention to the complaint, or rather find out the reason why executive services are inactive. Perhaps the executive production was postponed or simply refused. Or production was transferred to another department or suspended. In any case, if the inaction continues, it is necessary to refer to the management of this department, and in the case when it does not help, you should go further and write a complaint to the prosecutor's office and higher authorities.
How to write a complaint
To submit a complaint against a bailiff for his inaction, it is necessary to familiarize yourself with all the criteria for which the application is made. The problem is that a specific filling outfilling is not provided. In order for the statement to come to the right place, you need to seriously refill.
Often the reasons for failure serve errors in the text, corrections, not meaningful information, as well as not correctly completed details. Therefore, when completing the details, you must specify the following details:
- the name of the authority in which the application is sent;
- contacts and information about the applicant;
- personal information about an executive service officer;
- description of the case;
- the grounds on which the complaint is served;
- evidence and confirmation of the fact of inaction;
- date and signature of the person who made up the application.
In most cases, the applicant achieves its goal. Therefore, you need not be afraid to make such actions, but simply know your rights.
In the Office of the Federal Bailiff Service, executive proceedings are initiated money From the applicant in favor of a citizen. The bailiff of the executor issued a decision on the direction of a copy of the executive document for execution at the place of work of the debtor. But, a bailiff was also aimed at a copy of the judicial order in the case of the recovery of alimony to the content of minor children. As a result, the applicant must retention 85% of all types of earnings monthly. However, retaining cannot exceed 50%. The applicant asks to conduct an inspection of the activities of the bailiff of the Office of the Federal Bailiff Service. In identifying violations, take measures stipulated by law.
The main bailiff
Office of the Federal Bailiff Service
by _________
_____________________
from _____________________
__________________________
A COMPLAINT
On the action of the bailiff
In the management of the Federal Bailiff Service _________ ROSP, executive proceedings № ____________ initiated _________ executive List __________ _______ number of years for the recovery of funds in the amount of ___________ rubles otnoshentt me as debtor _________________________ in favor of the claimant: _______________________, having lived .: ________________________________
_________ Year by the bailiff was made a decision on the direction of a copy of the executive document for execution at the place of work of the debtor.
The place of work is LLC "____________", at: ______________
According to paragraph 3 of this decision to produce monthly in the amount of 50% of the debtor's income in 3 days from the date of income payments. In accordance with Article 10 of the Federal Law "On Enforcement Procedure", first of all, to keep the amount of debt in the amount of ___________ rubles.
But the bailiff was also sent a copy of the court order on the case number ______ court plot number ___ district "__________" Mr. .________, alimony on minor children: daughter __________ ________ year of birth and the son ___________ _________ year of birth in the amount of 1 / 3 parts of earnings and other income, monthly, starting with __________ years and until the age of majority ______________________ And further recover alimony in the amount of ¼ from all types of earnings and other income, monthly to the age of majority _________________________
The bailiff was established for retention from the earnings of 35% from all types of income.
As a result, carry out 85% per month.
But according to Article 9 of the Federal Law "On Enforcement Proceedings"
The size of the deduction wages and other income of the debtor, including the remuneration of the authors of results of intellectual activity, is calculated from the amount remaining after deduction of taxes.
In the execution of the executive document (several executive documents), no more than fifty percent of wages and other revenues may be kept from the debtor-citizen. Retention are produced before execution in full executive document requirements.
Restriction of the amount of deduction from wages and other revenues of the debtor-citizen, established by part 2 of this article, does not apply to the recovery of alimony on minors, compensation for harm caused by the health, compensation for harm due to the death of the breadwinner and compensation for damage caused by the crime. In these cases, the amount of deduction from wages and other income of the debtor-citizen cannot exceed seventy interest.
From the above it follows that the bailiff of the executor illegally rendered a decree on keeping 85%. Detention cannot exceed 50%.
According to Article 123 of the Federal Law "On Enforcement Proceedings", a complaint against the decision of the bailiff or the deputy senior bailiff, with the exception of the decision approved by the Senior bailiff, for their actions (inaction) is filed with the senior bailiff, which is subordinate to which the bailiff is Artist or deputy senior bailiff.
A complaint against the decision of the bailiff, approved by the senior bailiff, the decision of the Senior Bailiff, the Deputy Chief Bailiff of the Subject Russian Federation, on their actions (inaction) is submitted to the main bailiff of the subject of the Russian Federation, in whose subordination they are.
A complaint against the decision of the Chief Bailiff of the Subject of the Russian Federation or the Deputy Chief Judicial Bailiff of the Russian Federation, for their actions (inaction) is submitted to the main bailiff of the Russian Federation.
A complaint against the decision of the official of the bailiff service, its actions (inaction) can be filed as directly to a higher official of the bidding service, and through the official of the bailiff service, the ruling, actions (inaction) of which are appealed.
Officials of the service of bailiffs, decisions, actions (inaction) of which are appealed, send a complaint to a higher official of the bailiff service for three days from the date of its receipt.
In cases where the official of the bailiff service, which received a complaint against the decree, actions (inaction), not compept to consider it, the said official is obliged to send a complaint to the official person of the bailiffs, to the right to consider it, notifying it in writing The person who has submitted a complaint.
The person who submitted a complaint may recall her before making a decision.
According to Art. 126. FZ "On Enforcement Proceedings" The complaint filed in the order of subordination should be considered by the official of the bailiff service, eligible to consider the specified complaint, within ten days from the date of its receipt.
By the court to consider the application for challenging the decision, actions (inaction) of the official of the bailiff service suspends the consideration of the complaint filed in the order of submission.
Based on the foregoing, guided by Article.99,123,126 FZ "On Enforcement Proceedings"
1. To test the activities of the judicial bailiff for the Office of the Federal Bailiff Service __________ Rosp 2. When detecting violations to take measures stipulated by law.
On the results of consideration of the application to notify me in writing within the statutory period.
The answer to this statement please send at the place of residence of the recoverer, namely: ___________________________________
Application:
1. Kopy of a court order
2. Kopy decree
«___»________________ _______________
Complaint of the inaction of bailiffs: sample. A complaint against the bailiff allows a person to afford from the actions of the artist, to restore the rights. The document can be sent immediately to several state bodies. The presented sample will not make a mistake in writing a complaint.
The bailiff service is established in order to monitor the execution of adopted court decisions. Employees of the organization have extensive powers, allowing to help the affected side to achieve justice. But sometimes performers negotiate their work. In this situation, a person must clearly understand where to complain about bailiffs. The document can be sent immediately to several state bodies. Timely appeal to the relevant structures will allow a person to achieve respect for his rights.
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In what cases is it possible to appeal against the actions of the judicial bailiff
Where to complain about bailiffs
To understand where to write a complaint on bailiffs, you need to get acquainted with the provisions of FZ No. 219 (ed. Dated July 26, 2017). The regulatory act is fixing the list of persons who ways to help solve the problem. A complaint against the inaction of the bailiff can be written by the official responsible for the actions of the artist.
There are other government agencies that can prevent the inaction of bailiffs and have a beneficial effect on the execution of a court decision. If a person faced the fact of improper work by the civil servant, he can contact: 
- Management of the Russian Federation;
- the court found at the implementation of the artist's activities,
- to the Presidential Administration of the Russian Federation,
- to the prosecutor's office.
Experts advise to start a trial from addressing the older official. If it does not contribute to beneficial changes, it is possible to poison other instances.
Procedure for writing complaint
Methods for submitting an application
A complaint against the inaction of the bailiff of the performer can be transferred to the appropriate authority in several ways:
- personally,
- through the Internet,
- by mail,
- through a representative.
If a person has decided to independently convey the complaint, he will need to make it in writing.
Important
The document must be compiled in 2 copies. 1 option remains in the state body, and the other is returned to the applicant. A person should ensure that its copy of the stamped with a mark of acceptance.
If a person sends paper by mail, it must be submitted to pass by registered mail. When the application is received, the applicant will receive a notice of this. If additional documents are sent to the complaint, you need to perform inventory-attachment. You can find out all the nuances of the procedure by contacting the mail.
Fact
If the performer's judicial actions are sent via the Internet, you need to use standard sample. Remote appeal will save time. However, the guarantee of receipt of the answer on the complaint in this situation is lower. For this reason, experts advise to choose other ways to transfer the application.
Appealing the actions of the judicial bailiff can be carried out through the representative. Manipulation is carried out on notarial power of attorney. It will be necessary to attach to the shared package of documentation.
Feed and consideration
A complaint against the attachment should be sent to the relevant state body within 10 days. The beginning of the period is the moment of obtaining information on the violation of rights. After the deadline, the complaint will not be accepted. However, the period provided can be increased if a person was unable to convey a statement in a timely manner for a valid reason. To such grounds include:
- finding on a business trip
- disease,
- incompretable receipt of the letter, if the attracting gave an answer in writing.
Legal illiteracy in a list of valid reasons is not included.
The period of consideration of the complaint against the bailiff may not exceed 3 days. After the deadline is completed, the state authority is obliged to submit a decision made in writing. The official who received a complaint on the bailiff may consider that it is justified, and stop the illegal actions of the Contractor, or refuse to fulfill the claims of the applicant.
The procedure for the actions of the bailiff of the Contractor may vary depending on which state authority a person sent a statement.
Judicially
Court to restore violated rights can help the court. If a person thought about how to appeal against the decision of the bailiff of the performer, he can use the finished sample of the document to compile a claim.
Important
Application forms have not been established. You need to draw up a document, guided by the above councils.
Having received a complaint, the court appoints a meeting. During him, the parties express their opinions. Based on the data obtained, the state authority decides.
SSP authorities
If a person is confident that the executor of the court decision violated his rights, to start recovery of justice, it is necessary to appeal to the upstream leadership. To do this, you will need to visit the SPP branch. There you can also get a sample complaint about the inaction of the bailiff.
If a complaint is drawn up in the prosecutor's office on bailiffs, the sample can be obtained by visiting the separation of the state body. The procedure for studying the circumstances of the occurrence lasts 30 days. During this time, carefully studies all the nuances of the case. State body can:
- declare warning
- make their requirements in the proceedings
- cancel the decision taken by the Contractor.
If the official finds out that the application to the prosecutor's office on bailiffs, the sample of which can be downloaded on the Internet, was based on the decision to restore the rights of the victim. All the consequences of the unscrupulous actions of the bailiff will be eliminated within 30 days.
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