The complaint against the action of the bailiff-executor: a sample. Appeal against the actions of the bailiff-executor

The complaint about the action of the bailiff, a model of which we will give below, is an instrument for defending one's rights from law enforcement officials. Often employees violate the law. The reasons, of course, can be different. The violation can be either from the actions of the FSSP employee or from inaction. The latter is relevant in recovering alimony, debts on loans, loans, etc. This will be discussed in this article. A complaint will also be filed against the action of the bailiff-executor (sample).

What is subject to appeal

What actions are illegal? According to the law, an appeal against the actions of a court bailiff is lawful if:

• Violations of rights and freedoms, as well as actions contribute to such a violation.
• There are illegal duties.
• Illegally prosecute.

Where to go

Now the question of where exactly to apply for upholding their rights and legitimate interests. Appeal against the actions of the bailiff-executor can occur both through the court and when appealing to higher authorities. The latter are understood as own, in the system of the FSSP, as well as outside, designed to protect law and order, for example, the prosecutor's office. It must be remembered that a complaint about the actions of a court bailiff to higher authorities does not deprive citizens of the right to apply additionally to a court.

Timing

Now about the timing. The complaint on the action of the bailiff is filed within 10 days from the moment:

• Illegal actions of the employee.
• Establishment of the fact of inaction.
• Refusal in the challenge. Must necessarily occur when the employee is personally interested in the process, for example, in the production of relatives.

What does the complaint contain?

A sample complaint about the actions of the bailiff contains:

• Applicant's data.
• Information about the state agency to which it is submitted.
• Data on the person whose actions violated the law: full name, position, etc.
• Requisites of the bailiff's resolution, in respect of which the complaint is written.
• Requirements.

What evidence and documents do I need to attach

Let's say at once that an appeal, for example, to the prosecutor's office against the actions of a law enforcement officer, can be submitted without proof. It is a mistake to believe that they are not considered. Of course, if there is any evidence confirming the unlawful actions of the police officers, they can be attached to the statement. However, if they are not, then the official is required to request all information without them.

Sample complaint, or How to make the police officer work

In Russia, the problem of debts is most acute. Almost every third resident has loans, alimony loans, mortgages, etc. In the crisis, their percentage is only increasing, including delinquencies for them. The bailiffs' departments are simply overwhelmed by executive proceedings for unpaid debts. There are two problems in the work of bailiffs, which affect the return of money to creditors:

• Workload.
• Laziness.

Unfortunately, both are not uncommon in our time. As for laziness, we will leave on the conscience of specific people from law enforcement. As for the workload, staff can be understood here: there are many cases, do not have time, etc. However, from the legal point of view, the workload of law enforcement agencies is not an objective reason for justifying the inaction of the bailiff. A sample of the complaint will be considered below. Let's pass to variants of its giving.

Method one: superiors

So, before looking for a sample application for inaction the court. Bailiffs, it is necessary to understand where it will be sent. You can send it to your supervisors. However, according to the experience of many citizens, we say that the method is ineffective. As a rule, in response to it you can see a formal reply.

Despite this, lawyers still recommend to submit to the higher authorities. This will give additional grounds for filing a statement of claim, allow you to correct the requirements, learn the arguments in advance. This will allow to prepare for the arguments of law enforcement agencies even before the trial.

How to find a superior bailiff

Many citizens turn to lawyers with a question: how to recognize a superior leader. This can be done in two ways:

1. By the "hotline" service.
2. Find out from the local police station by phone, or by making an official request. If the official number can not be reached, then the request must respond to the Federal Law "On written requests of citizens."

Letter before the complaint

So, the citizen nevertheless decided on active actions to protect his rights. For this, we recommend that you first write a letter to the bailiff-performer. You can not search for a sample, you can write it in any form.

Sometimes at this stage some people start, what is called, move. If an employee knows that he has not taken all steps to collect the debt of the applicant, and sees that the latter is determined resolutely, then he can start working more efficiently. Further proceedings may not be necessary. It also happens that the employee "forgot" about a particular case, such letters make him "remember" about work.

Complaint to the main bailiff (sample)

If the appeal to the employee in charge of your case did not bring any result, then the way out is to write an official complaint to a higher-ranking manager. So, the complaint about the action of the bailiff-executor (sample) will look like this:

Senior bailiff: (Name)

Address (territorial body):

From:

Address (applicant):

Phone:

A complaint

On the actions of the bailiff-executor

(Name, surname) is a party to the enforcement proceedings No. XX

"XX" XXXX XX by the bailiff-executor (name, surname) adopted Decision # XX, on the basis of which the following actions were committed: (indicate specific actions)

Such actions violate my rights and interests, as they contradict Art. (Specify the article) of Federal Law No. 229-FZ of 02.10.2007 "On Enforcement Proceedings". On the basis of the foregoing, I ask to recognize such actions as illegal.

This is a sample of a complaint against the actions of a bailiff. The inaction will also look like. Only instead of "action" is necessary to write "inaction". We also need to specify in what it manifested, for example: "bailiffs did not summon a party for clarification, according to the law."

Prove inaction is rather difficult, since it is not known what the employee did to collect the debt, and what not. However, one can ask what measures have been taken and analyze the violations according to the answer.

Frequent violations

Often bailiffs abuse the law for their own purposes. It's no secret that the performance fee is taken for their work. He lies down on the shoulders of the debtor. With the awarded amount, it is not withdrawn. As elsewhere in the civil service, efficiency indicators are required from bailiffs. So sometimes they start breaking the law. The main abuse of bailiffs:

• Write-off of the amount from bank salary cards is higher than the maximum. This is a frequent phenomenon. There comes a salary or an advance, and instead of a text message on enrollment, a notification is received about writing off the entire amount in favor of the lender. Employees know what they are violating, but the percentage of lawsuits is extremely small, so they know about their impunity.
• The seizure of property that is not subject to seizure. Few people know, but the list of things that are subject to alienation through bailiffs is extremely small. A TV, a video tape recorder, the law does not forbid you to take away, but things that are directly related to compulsory everyday life can not be arrested. Especially if there are underage children. These include, for example, a microwave oven, an oven, a refrigerator, etc. The list includes a computer (laptop), if it is obligatory for the debtor's work.
• Things of other owners. The court on the bailiff who took the things of no debtor, of course, is. However, do not forget that to prove the right of ownership lies on the owner of the thing. In other words, if you are arrested by a plasma TV, and he, for example, a civilian spouse, then it is she who needs to prove the illegality of such an action. If it is not possible to immediately present the property documents (checks, loan agreements, etc.), then a complaint is required about the action of the bailiff, a sample of which we have already presented above.
• Prohibition of certain actions after the repayment of debt. In our country, unfortunately, the information is transmitted very slowly. Many cases, when debtors have fully paid the debt, but at the airport they are not allowed abroad to rest. While all the proceedings are taking place, "burned" armored places in hotels, airline tickets, vouchers, etc.
• Inadequate notification of the debtor on the ruling issued to initiate enforcement proceedings. Know, if it was unexpected for you to write off money in favor of the lender, and you permanently resided at the same address, then someone must have violated the law or instruction: the court, the bailiff or the postal service.

The second way: going to court

The judicial complaint about the action of the bailiff-executor (sample) looks approximately the same as the sample presented above. Change only the "cap", it will be the name of the court.

Let's say at once, the claim must be written to the district court at the location of the bailiff's office. For example, the applicant resides in area A, the court was at the defendant's residence - area B, and the inter-district service is located in the district of V. Imenne in the district court B and it is necessary to write applications for actions or inaction of employees.

Advantage of filing in court

Judicial recognition of illegal actions of bailiffs has a number of advantages:

1. You can claim property and moral harm.
2. Prove the unearned profit, and then demand it. For example, a debtor is a professional trader. He trades in the Forex market. Its action is officially registered, taxes are paid. However, bailiffs seized the computer with the software in it. As a result, the citizen lost his profit.
3. The attitude of the police officers in the work with the applicant will change. They will know that their actions (inaction) will necessarily lead to proceedings.
4. Objectivity when considering. The court is not interested in concealing the violation of bailiffs. The name "judicial" should not be misleading. These are employees of the executive power, and not of the court apparatus. Therefore, to argue "they have all caught" is not worth it.
5. The appeal to the court for the bailiffs to be guaranteed will be considered within ten days. No one will purposefully delay the process, falsify the stamps of outgoing correspondence, etc.

Disadvantages of the trial

Litigation also has drawbacks. The main one is professional assistance, for which you will first have to pay. However, you can, if you wish, do it yourself.

We believe that it is not necessary to finish the law faculty to understand how to write a lawsuit against the illegal actions of bailiffs. This, as a rule, is the category of cases of "low complexity".

Conclusion

In Russia, strict laws. However, this is offset by their non-performance. Approximately the same can be said about the execution of court decisions. Of course, torture, imprisonment for debts, severely. Although some mothers, whose fathers of children do not pay for maintenance for years, want to offer this option.

In our country, it is necessary to put in order the work of bailiffs-executors. In practice, there are already many cases where during the entire period of production, employees have never taken any action to enforce court decisions. We hope that the situation will change in the near future.