Statement of claim against the bailiff for recovery. We file an administrative claim against the bailiff

A complaint against a bailiff is a common practice in legal practice. Despite the rather narrow focus of the organization's activities, a lot of them write to its officials. Papers go through all instances, services and judicial levels.

What causes complaints?

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

• The bailiff is illegally trying to close the production.
• Does not use his powers to achieve results.
• The enforcement actions were carried out in violation of the procedural rules.
• Deadlines are not met enforcement proceedings.

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, familiarize yourself with the current legislation, as adjustments are periodically made to it.

Assistance is provided by lawyers who either previously worked in the service, or have experience in drafting the relevant documentation. Each situation is unique. You can't fit it into one template, otherwise everything would be much easier. Therefore, not having confidence in the correctness own actions, it is advisable to contact a lawyer, at least for advice.

What are the capabilities of the production side?

The document should be prepared on the basis of production materials. Otherwise, the statement will not have the desired effect. represents a continuation of the trial. 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 a particular case.

A complaint about the inaction of a bailiff often shows that the official is deceiving citizens by talking about the work done, which he did not do. It is worth looking into the folder with materials, and there is nothing. The claimant or the debtor may:

1. Get acquainted with the materials of the case.
2. Make statements, copies using cameras or telephones. Now almost every person has such an opportunity.
3. File a complaint about bailiffs.
4. Ask to take certain actions. For example, impose driving restrictions on vehicles.

Allegations of inaction or unlawful conduct are sent at the option of the complainant, either to the superior authorities, or to the court. It is considered more profitable to send papers immediately to the last resort. They have no interest in statistics. The chief of bailiffs can react faster and overturn the absurd decisions of his subordinate. A loss in court is much worse than a decision within the service. Much is still determined by the relationship between the authorities in the region.

How to prepare material for a complaint

First of all, you need to familiarize yourself with the production. A request for this is submitted to the office of the service. It is advisable for the applicant to leave a copy with a note that the document has been accepted. In the folder with documents, you need to find the following information:

• Directions of inquiries to banks, traffic police, Rosreestr.
• Have there been any attempts to restrict the debtor's rights to drive vehicles?
• Whether measures were taken to enter the debtor's home.
• Did the bailiff use the information that the claimant provided him.

Banks or other financial institutions savings, money in accounts can be kept. What can the claimant tell? He can point to valuable property (jewelry, real estate, cars) that belongs to him. Moreover, it is not necessary to register land, housing.

The complaint about the inaction of the bailiff is based on the fact that the official does not use the authority to register the rights of the debtor with further aim its implementation. It is possible to prove that the executor knows about the debtor's property by copies of the statements. They are served either to the office or sent by mail.

What is the scheme for complaining to the boss?

A complaint against a bailiff is written according to one scheme. The reasons that made a person do this do not really matter. The paper is drawn up in accordance with the norms of the law "On Enforcement Proceedings" or procedural legislation. The papers to the court are also drawn up according to a single scheme, but we will talk about it later. Government agencies practice accepting complaints via the Internet, but so far it is difficult to call the system effective.

Should I complain to the prosecutor's office

You can also write a complaint against bailiffs to prosecutors. They are obliged to check the legality of their actions on the basis of citizens' applications. They can also go to court to defend their rights or public interests. There is an official letter regarding enforcement proceedings. In fact, prosecutors will send citizens to the heads of the corresponding level or to the court.

It makes sense to go to them when the stages of the bailiff service have been passed, or there is a suspicion of corruption or crime. At the same time, defending your rights, you must not miss all the opportunities - all of a sudden the system will work. Inaction has not helped anyone yet. At the same time, you need to reason your complaints and not allow overly emotional behavior.

Last updated February 2019

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

• failure to comply with enforcement actions to collect debt for a long time;
• committing actions that violate rights and interests;
• the deadline for collecting the debt (or other obligations) by the bailiff has expired;
• unjustified refusal to familiarize with the materials of enforcement proceedings;
• enforced collection without providing the opportunity to voluntarily repay the debt.

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

Where to file a complaint

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

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

Consider all these options where you can complain in more detail.

To the senior bailiff

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

The performer's powers, 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 BSC. Despite the fact that the claim will be redirected down to the district, 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 should 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 speaks of the ineffectiveness of filing a complaint with the senior bailiff against an ordinary bailiff; the fish rots from the head.

Complaint to court

Filing a claim in court too great way defend your rights. In this case, the applicant applies to the District Court with a complaint on the recognition of the inaction of the bailiff illegal... This wording is not subject to change, the complaint should be called this way.

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

When going to court, it will not be superfluous to seek professional help from a lawyer or lawyer. The money spent on the payment of remuneration will be recovered from the SSP department, and ultimately from the salary of the negligent official, whose inaction you appealed against. Thus, the executor will be well motivated when applying to the court or prosecutor's office.

It should also be remembered that court complaints are not subject to duty.
This is the starting point when deciding where to file your complaint.

A complex approach

The law does not prohibit combining appeals to the chief of bailiffs and the prosecutor. This approach is the most correct, the more attention from various bodies will be drawn to your problem, the better. The chances of solving the debt issue are increasing.

At the same time, in terms of content, such appeals will be exactly the same. Only the addressee will change. Therefore, since the law does not prohibit this, then 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 contractor. The beginning of the term begins on the day when you became aware or should have become aware of the violation of rights.

For example, a refusal was received on the application for familiarization with the materials of the enforcement case. The next day starts the countdown of the appeal period. If such a refusal is sent by mail, then the day of the beginning of the term is the day when the applicant receives an illegal answer. This period can be restored if it is missed for a good reason.

Good 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 restoring 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 can be left without consideration for formal reasons:

• First, the claim must not contain offensive language. The presence of obscene language in it (and sometimes so) is the basis for refusal to consider. Therefore, it is necessary to control yourself, no matter what feelings you experience.
• Second, the complaint should be as specific as possible. The applicant must clearly indicate the nature of the violation of his rights; how the inaction of the bailiff was expressed (what actions he did not perform); your requirement.

Complaints about inaction should have 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;
• Enumeration - exactly what rights and legitimate interests of the applicant are violated;
• The requirement to perform certain specific actions.

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

The complaint form does not provide for any specific wording, mandatory references to the norms of the law. The main thing is the concreteness and clarity of the address.

There are some peculiarities of the content of the appeal filed with the senior bailiff, prosecutor or court.

• Complaint to the head of the department should contain a requirement for the bailiff to perform specific actions.
• Complaint to the prosecutor should contain an expression of disagreement with the inaction of the bailiff and a requirement to conduct an inspection, restore violated rights and punish the guilty officials.
• A complaint to the court must necessarily contain a requirement to declare the inaction of the performer unlawful.

It is advisable to attach copies of the documents you have to the appeal, it is they who are able to prove the validity of your arguments and testify to the illegality of the bailiff's inaction.

A sample of a complaint about the actions of the bailiff of the executor

No. 1 - to the senior bailiff of the department

Senior bailiff
_______________ city department

from Afanasyeva A.N., address

/ date / by the bailiff performer Chervyakov G.S. enforcement proceedings were instituted against Afanasyev S.L., who evades paying alimony for the maintenance of our common minor children / indicate the data of children /.

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

During the course of enforcement proceedings, only / indicate the amount / was collected from the debtor. Meanwhile, no actions were taken to arrest his car, inventory and confiscation of personal property. Collection on wages the debtor is also not imposed.

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

I BEG:

To recognize the inaction of the bailiff of the performer Cheryakov G.S. illegal, violating the rights of minors / indicate data /.

• To oblige him, as soon as possible, to carry out executive actions to arrest the debtor's car, inventory and seize the property belonging to the subject at the place of residence / specify the address /.
• Take other measures aimed at the earliest possible completion of the enforcement proceedings.

18.01.2019
Afanasyeva A.N.

No. 2 - to the prosecutor's office

To the prosecutor / ... / district
Title, full name

from Sinyakina M.F, address

COMPLAINT for the inaction of the bailiff of the performer

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

For a long time / specify the period / the bailiff does not take actions to collect the amount of debt. However, I reliably know that R.O. works at Olimp LLC and receives a monthly salary. Despite my requests from / date / the bailiff did not check this information, did not send the writ of execution to the accounting department of the organization. I believe that as a result of the inaction of the bailiff of the performer, my rights have been violated.

I BEG:

To request enforcement proceedings against R.O. Vasilchenko, to assess the inaction of the bailiff of the executor, P.D. Kuptsov.

• Make him accept everything necessary measures to establish the fact of the debtor's employment, to send executive documents to the accounting department to collect the debt.
• To take other measures of the prosecutor's response aimed at restoring my violated rights, as well as to bring to disciplinary responsibility the bailiff of the executor, Kuptsov P.D.

On the measures taken and the results of the consideration of the complaint, I ask you to notify me in writing within the monthly period established by law.

Appendix: copies of the appeal to the SSP department and answers to them on /… / sheets.

21.01.2019
Sinyakina M.F.

How to make a complaint

There are many 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 "disorderly" state structures. The applicant, of course, will be able to prove the fact of the appeal, maybe even the guilty official will be punished in a disciplinary manner. 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, following which, you guarantee a real consideration of the complaint and a solution to the issue.

• If you file a complaint with your boss bailiff directly by the applicant, a second copy of the appeal should be prepared. Get it stamped with a stamp of 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 the officials receive it, you will receive a mail notification about it. This will serve as a guarantee that your appeal is not ignored, but actually considered. So, if the applicant is in another region or for health reasons cannot come to the bailiffs department himself, it's okay - feel free to send a claim by mail.

An important point. When with the appeal you attach any documents (and this is the correct approach) and send all this by letter, then make an "inventory-attachment". The mail will explain in more detail the essence of this option from the Russian Post: you will have a document confirming the attachment with a list of specific documents. Thus, the attachment to your complaint will not be "lost".

Consideration of a 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 official check 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
  • the debtor has a job - in the IFTS (tax), social funds and pension insurance about deductions from the employer;
• exit at the place of residence of the debtor, a description of his property and its sale at auction.

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

Prosecutor's office

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

• making a presentation;
• cancellation of illegal decisions;
• making a claim;
• announcement of caution.

In any case, regardless of the specific measure, the prosecutor has the right to demand the elimination of violations of your rights. The bailiffs are not entitled to refuse him, the requirements of the prosecutor are obligatory for execution. In this case, he will be forced to take measures, intensify work, and report the results to the prosecutor.

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

In addition, on the basis of the request of the prosecutor, the bailiff who violated the law will be brought to disciplinary responsibility. He will be reprimanded or severely reprimanded, which will serve as a science for the future.

Court

The order in this case is as follows:

• the court accepts the complaint (there is no specific form, so be guided by the above tips);
• requests the document;
• during the court session hears out the opinion of the parties (by the way, the participation of the prosecutor is mandatory during the consideration);
• and makes a decision.

Cons of going to court

Unlike a prosecutor, a court cannot:

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

The court makes a decision on recognizing the inaction of the bailiff unlawful, and imposing on him the obligation to eliminate the violations. Such requirements are usually not specific.

Pros of going to court

But judgment it is especially good that you get the right to compensation for moral damage caused by the unlawful inaction of the CSP official. And you collect money for moral damage from regional administration SSP, which, in turn, collects them later (the order of recourse) from the bailiff who allowed them. That is, he understands that he will actually answer in front of you with his wallet, and this is very tangible. Because of this prospect, the performer begins to work, if not for conscience, but for fear, for sure.

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.

81 comments

Why do you need an administrative claim against the actions of the bailiff-executor? When is it worth submitting it? Let's figure it out.

An administrative statement of claim against the actions of the bailiff-executor is filed in cases where the execution court order too delayed or the bailiff commits actions that violate the rights of the applicant. An administrative claim can also be used to delay the execution of a court order.

There are no special requirements for the content of an application for challenging the actions of the bailiff, but it is better to use our recommendations and the proposed model.

An example of an administrative statement of claim against the actions of a bailiff

To the Soviet District Court of Astrakhan

Administrative claimant: Pavlova Ekaterina Sergeevna,

address: Astrakhan, st. Petersburg, 24

Tel. 69584785623

Administrative Respondent:

Bailiff

Administrative Respondent:

OSB Sovetsky district of Astrakhan

Maslennikova Valentina Egorovna,

address: Astrakhan, st. Kommunarov, 57

Interested party:

Pension Fund of the Russian Federation

in the Soviet district of Astrakhan

address: Astrakhan, st. Communy, 357

Administrative statement of claim

on the actions of the bailiff

November 25, 2015 from my personal account at OJSC "VostokSibInvest" debited cash in the amount of 25,000 rubles. When I applied to the bank, it was explained to me that the amount of money was arrested in accordance with the order of the bailiff-executor of the OSB Sovetsky District of Astrakhan and was written off against the debt I owe to By the Pension Fund Russia.

Between 2010 and 2013, I was individual entrepreneur and was in arrears with the FIU in payment of contributions. Since March 12, 2014 I am not an entrepreneur, not employed. I am at the labor exchange as unemployed, and the specified account No. 78965412354679548762 is open for transferring alimony for my minor son Alexey Sergeevich Pavlov.

In addition, I did not receive a decision to initiate enforcement proceedings (either in person or by mail). I did not have a voluntary deadline for paying the debt. Since the money in the form of alimony belongs to my child and is not the source of my income, as well as in accordance with Art. 101 Federal law"On Enforcement Proceedings", the seizure of a current account intended for alimony is illegal.

Confirm special purpose funds from the specified account may have a history of transactions, from which it follows that the only sender financial resources is the child's father, Sergey Andreevich Pavlov.

1. To recognize the actions of the bailiff-executor of the OSP of the Soviet District of the city of Astrakhan V.E. Maslennikova on the seizure of settlement account No. 78965412354679548762, VostokSibInvestBank OJSC.
2. To oblige the PCB of the Sovetskiy district of the city of Astrakhan to return to the above settlement account the sum of money in the amount of 25,000 rubles.
3. Establish a period for voluntary payment to repay the debt owed to the Pension Fund of Russia.

Application:

1. Copies of the administrative statement of claim
2. Copies of a certificate of status registered as unemployed
3. Copies of banking history
4. Copies court order on the recovery of alimony

Pavlova E.S. 02.12.2015

Preparation of an administrative claim against the actions of a bailiff

When preparing an administrative statement of claim, it should be borne in mind that it is possible to appeal against the actions or inaction of a specific bailiff. The bailiff has the right to perform some actions only when initiated. The decision to initiate enforcement proceedings must be sent to the recoverer and the debtor.

In some cases, it may be more correct to appeal the bailiff through higher authorities. Here you need to look at the situation. This way is preferable when the actions of the bailiff go beyond the scope of enforcement proceedings, as well as when it is not clear who committed the contested actions.

The content of an administrative claim against the actions of a bailiff

In an administrative claim, you must provide your full details. Indicate the name of the department of bailiffs, its address, as well as the last name, first name and patronymic of the bailiff-executor, whose actions are being appealed.

The complaint must indicate the circumstances of the initiation of enforcement proceedings, list the actions of the bailiff that are being appealed. It is necessary to state in detail your vision of the situation that has arisen, point out the violations committed by the bailiff. An indication of the specific provisions of the Federal Law "On Enforcement Proceedings" for compliance with which the court will have to check the actions of the bailiff.

In the pleading part of the administrative claim, indicate what actions of the bailiff-executor you ask to be declared illegal, what resolution you ask to cancel or change (in whole or in part) and what consequences of going to court you want to receive.

Deadline for filing an administrative claim against the actions of a bailiff

Before filing an administrative statement of claim, it should be noted that the time for going to court is limited to 10 days. 10 days begin to flow the next day after the bailiff commits some action or the issuance of some order. These terms are applied by the court independently, this does not require a separate application of time limits.

If the complaint is filed outside the deadline, it must be accompanied by application for the restoration of the term for an administrative claim. The fact that you learned about the committed action outside the deadline may result in the restoration of the deadline, but the deadline still needs to be restored.

The deadline for filing an administrative claim is easy to calculate if a decision of the bailiff-executor is appealed. In this case, we start from the date of its issuance.

It is more difficult to calculate the time limits for appealing the inaction of the bailiff-executor. We recommend to be guided in such situations elementary common sense... Start from when you should have learned about the perfect action (inaction). It should be noted that in some cases the inaction is of a continuing nature (for example, the bailiff does not seize the debtor's property). In the case of a continuing nature of violations of rights, time limits do not apply.

Filing an administrative claim against the actions of a bailiff in court

The application is submitted to the district court at the location of the service of bailiffs-executors, the official whose actions are being appealed. A copy of it for the bailiff-executor is attached to the administrative claim.

If the decision on the complaint against the bailiff may affect the rights of the other party to the enforcement proceedings, then a set of documents for this party is attached to the administrative claim, and she is indicated in the application as an interested person.

Applicants are exempt from payment when filing an administrative statement of claim against the actions of the bailiff.

Consideration of an administrative statement of claim against the actions of a bailiff

Administrative claims are considered by the court general rules public production. This means that the term for consideration of the complaint is 10 days from the date of receipt of the application by the court. The legality of his actions must be proved by the bailiff himself.

The court is not bound by the arguments of the complaint, but is bound by the subject of the stated claims. When considering an administrative claim, the court is obliged to check the contested action for full compliance with the law, including the procedure for its application. Usually, in such cases, the court immediately appoints a hearing, in which it makes a decision without postponing the case.

The court decision can be appealed administrative appeal... All persons involved in the case (claimant, debtor, bailiff) have the right to file such a complaint. If the complaint is not received within 1 month, the court decision comes into legal force and becomes binding on the bailiff.

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People who go to court for support in debt collection hope that their rights will be protected and that money will be demanded from the debtor. But due to the fact that the structure of justice is rather complex, the court's decision is not yet the result of such strife. After the issuance of the instructions, the work with the debtors is taken over by the Bailiff Service, which is directly involved in the collection of funds.

However, hard-core non-payers usually continue to evade despite decisions of the judiciary, which creates difficulties for bailiffs, whose duties include finding non-payers. It happens that the BSC employees neglect their duties, or do not make enough efforts. How to file an administrative lawsuit against a bailiff, we will tell you in our article, you will also learn about what pre-trial actions can be taken to make the wheel of justice turn.

Grounds for the statement

Speaking about administrative statements of claim against the actions or inaction of bailiffs, it is worthwhile to understand that in order to file such a complaint with judicial authorities, there must be clear reasons. In the event that the claim does not have a legal basis, the plaintiff may be held liable for abuse of the right to appeal.

Of course, most often, debtors complain about the bailiffs-executors, who think that the employees' misconduct in the framework of debt collection activities is unlawful. But there are also complaints about the inaction of the SSP staff. So, for example, the bailiff, whose duties include the search for the alimony, may refer to the impossibility of collecting, due to the absence of the debtor at the place of registration. Here the claimant will be the claimant, since we are talking about the failure to fulfill the duties of the BSC employee.

All official duties and rights of bailiffs-executors are enshrined in Federal Law No. 118, namely in Article 12. There is also a Resolution of the Plenum The Supreme Court RF of 17.11.2015 N 50 "On the application of legislation by the courts when considering some issues arising in the course of enforcement proceedings", where in parts 8 - 16 the procedure for challenging the actions and inaction of the bailiff is spelled out. If you are going to file an administrative claim against a bailiff, the first step is to read the text of the legislation. By contacting a lawyer who has experience in drafting such statements, you will be able to prepare a claim and send it to court much faster. If you get reliable lawyer, you can entrust him with the support of the case and significantly increase your chances of success.

How to Prepare?

It should be understood that going to the courts is a rather serious measure. You should not start the search for an employee's control from this institution if there was no criminal intent in the actions of the bailiff. But everything, of course, depends on the specific situation, and only a competent lawyer will help to understand all the circumstances and determine the need to draw up a claim.

In the event that, during the performance of his official duties, the bailiff exceeded his powers, or acted illegally, this fact should be reported to the judicial authorities as soon as possible. Although missing the deadline, in this case, cannot be a reason for refusing to accept an application, the law establishes a 10-day deadline for filing claims against the actions of the SSP employees in case of violation of the rights and legitimate interests of citizens.

In addition, it should be borne in mind that the bailiff has the right to appeal against the charges brought against him. The term for considering a claim against the actions of the bailiff is 10 days, but the official has 1 month to appeal the court decision from the date of completion of the proceedings. The more substantiated your demands are, and the more the evidence base indicating the illegality of the actions or inaction of the bailiff, the more chances you have to defend your interests.

Pre-trial settlement

If we are talking about the failure of the BSC employee to fulfill his official duties, then it is worth starting to draw up a claim after a number of pre-trial appeals. Usually, the filing of such claims is due to the fact that the claimant does not see the results of the enforcement proceedings, that is, the debt has not been paid off within the time period set by the court. The first step is to get explanatory note from the bailiff himself, where the course of the collection measures will be explained.

Having received an explanatory letter from the bailiff, you can file a complaint with the BSC management, where you indicate that the employee's actions on writ of execution are performed in violation of the terms. As a rule, such complaints do not entail serious consequences either for the applicant or for the bailiff, but the response you received from the FSSP and the explanatory note can be attached to the statement of claim, thus indicating the need for judicial intervention.

Advice

You can apply another method of influence, which will make the bailiff service pay more attention to your problem. By contacting the prosecutor's office, you will be able to obtain an official check in the department of the CSP that is engaged in the collection. If violations are identified, the prosecutor will help you in drawing up an administrative statement of claim against the bailiff.

How to register?

The statement of claim is made in accordance with the following structure and with the indication of such information:

• Claim cap:
  • Name and address of the court where the claim is being filed. Usually this is a district court, at the location of the SSP department, where the employee is serving, whose actions are being appealed;
  • Plaintiff: full name, registration and residence address, contact details;
  • Defendant: It is worth indicating here both the data of a specific bailiff and the details of the BSC department;
  • Interested party: if the claim is filed by a legal representative, or it is about protecting the interests of the organization, then either the data of the person injured by the actions / inaction of the BSC employee, or the name and details of the organization, are entered here.
• Document title: "Administrative statement of claim for the actions / inaction of the bailiff-executor"
• The following information must be present in the body of the document:
  • Description of the specific fact of actions / inaction on the part of the bailiff-executor, which are subject to appeal;
  • The number of the writ of execution, according to which the BSC employee acts as part of the collection measures;
  • Indicate attempts pre-trial settlement if any were present. It is worth attaching copies of letters, responses from the FSSP and the prosecutor's office to the statement of claim, if you tried to resolve the problem without a trial;
  • Indicate the legal grounds for the statement of claim, that is, contradictions with articles of law that can be traced in the actions of the bailiff;
  • The petition should be drafted according to your requirements for a specific BSC employee and the entire organization as a whole. At the same time, you should not demand to punish the official, since this is the prerogative of the court, as well as the appointment of a sanction, but you have every right to demand that the actions of the bailiff-executor be declared illegal. Only a competent lawyer who is well acquainted with the case materials will help you to work out this part of the application in detail;
  • Application. V this paragraph it will be necessary to list all the documentation attached to the application, which must be present:
    • Copies of the statement of claim, according to the number of parties;
    • Documents on the basis of which the actions / inaction of the bailiff can be considered illegal;
  • Date of filing of the statement of claim;
  • Applicant's signature with decryption;

When filing an administrative lawsuit against a bailiff, it is worth keeping in mind that your actions may be regarded as an attempt to slow down enforcement actions, which will entail fines and other administrative measures. It is worth referring to experienced lawyer in administrative law, which will help you in the preparation, execution and filing of a claim.

Many people know that getting a positive judgment for themselves is only half the battle. Further, it is important to start the execution of the court decision as soon as possible.

This will be done by special officials called bailiffs. And if they improperly perform their duties, then the inaction of the bailiff - the executor may become a reason for appeal.

How to write an administrative application for a bailiff of the executor to the court, read our article. We also offer. So in order.

In this article:

Where is the application for challenging the actions of the bailiff of the executor submitted?

There are several ways to challenge, as this or that action, and inaction of the bailiff. First of all, this is the filing of a complaint addressed to the immediate superiors of the official.

In it, you need to indicate all the data on the enforcement proceedings, as well as write about which specific points of the law were overlooked by the bailiff.

The complaint should be closed by a specific request on how to speed up the enforcement proceedings or protect their rights, as a party, in a different way.

The received appeal is considered within ten days. This should be followed by a decree indicating the measures to be taken in the future.

If no real action was taken, effective method protection of rights will be.

The action, inaction of the bailiff has the right to appeal against all parties to the enforcement proceedings.

For example, the subject of treatment can be:

• violation of the procedure for certain enforcement actions;
• application of arrest to other people's things;
• failure to act in the search for the debtor and his property.

To what has been said, we can add that an effective method is also a complaint to the court against bailiffs. On this moment this procedural document is referred to as an administrative claim against the bailiff of the executor.

We will tell you more about the features of such an appeal, literally in a couple of paragraphs.

Complaint form against the bailiff

For most of our readers, the question arises, what does a complaint look like to a senior bailiff?

To simplify the task, we suggest downloading a sample form below.

In addition, we draw your attention to the fact that an appeal can be submitted to in electronic format through the Internet reception of the FSSP.

Administrative application for the actions of the bailiff - executor and going to court

If the complaints against the bailiff are related to the writ of execution, then you can also question his actions or inaction by going to court. This rule applies to both civil and arbitration proceedings.

At the same time, it is important to comply with the deadlines for going to court with the relevant claims.

When the district or arbitration court was responsible for the execution of the writ of execution, the appeal against the actions or inaction of the bailiffs is possible within three months, when the applicant received information about the relevant facts.

The forms of going to court also differ. If the reason for the appeal against the actions of the bailiff is a writ of execution issued by a district court, then an administrative statement of claim is filed.

When the writ of execution was signed arbitration court, then an application is submitted to declare the actions of the bailiff unlawful. In any case, appealing against the actions or inaction of the bailiff does not require a state fee.

How to file a claim for a court against a bailiff

Regardless of the form in which the appeal to the court follows: in the form of an administrative claim or an application for recognizing actions as unlawful, a complaint to the court against bailiffs should have approximately the following structure.

First, the name of the court is written, as well as all data on the parties to the enforcement proceedings.

This is followed by the name of the document (administrative claim or statement), as well as its subject. The main part should begin with a description of the circumstances that formed the basis of the enforcement proceedings (reference to the court decision, its essence, as well as the details of the IL).

In the final part of the document, it is worth indicating your requirements for the court, as well as a list of applications. The date and signature of the applicant should not be forgotten either.

A sample of an administrative claim in court for the actions of the bailiff's inaction

Balashikha City Court of the Moscow Region
143903, Balashikha-3, Moskovsky pr., 1

Administrative claimant: N.V. Alexandrova.
Balashikha, st. Mira 87 sq. 17

Administrative defendant: Bailiff
OSB in Balashikha
Petrova O.K.

Administrative statement of claim
on declaring illegal the inaction of the bailiff

On the basis of the decision of the bailiff-executor of the PCB for the city of Balashikha, the UFSSP for the Moscow region Petrova O.K. of April 06, 2016, enforcement proceedings were initiated No. 692355/16/74031-IP.

The basis for the initiation of the said enforcement proceedings was the writ of execution of the magistrate court No. 2 - 9088/2015 of November 12, 2015 on the collection from the debtor Degtyarev Viktor Vladimirovich in favor of the claimant Alexandrov Nikolai Vasilyevich a sum of money in the amount of 29120 (twenty nine thousand one hundred twenty) rubles.

In accordance with Art. Art. 2 and 4 of the Federal Law of October 2, 2007 No. 229-FZ "On Enforcement Proceedings" (hereinafter: the Law), one of the tasks of enforcement proceedings is the correct and timely execution of judicial acts, and one of its principles is the timely execution of enforcement actions and the application measures compulsory execution.

The general deadline for fulfilling the requirements of enforcement documents is set at two months from the date of initiation of enforcement proceedings (part 1 of article 36 of the Law).

However, to date, the bailiff of the Department of Bailiffs for Central region Balashikha UFSSP for the Moscow region Petrova O.K. collection on the specified writ of execution has not been made.

Applicant Alexandrov A.The. believes that the bailiff-executor of the Department of bailiffs g. Balashikha UFSSP Moscow region Petrova O.K. does not take any actual measures to implement the above executive document, limiting itself to formal replies in response to complaints and appeals.

V voluntarily debtor Degtyarev A.The. Requirements under the writ of execution of the Balashikha City Court No. 2 - 9088/2015 of March 01, 2016 does not want to fulfill, he does not receive a summons from the bailiff, and does not contact the bailiff in any way.

These circumstances, in accordance with Part 2 of Art. 68 of the Law, are the basis for the application of measures of compulsory execution, among which the bailiff has the right to foreclose on the property of the debtor (part 3 of article 68 of the Law). Levy of execution on the property of the debtor includes the seizure of property and its forced sale or transfer to the recoverer (part 1 of article 69 of the Law).

The sale of the debtor's property is carried out through its sale Federal Agency on the management of state property (part 1 of article 87 of the Law, Decree of the President of the Russian Federation of 12.05.2008 N 724, Decree of the Government of the Russian Federation of 05.06.2008 N 432).

The debtor's property, in accordance with paragraph 7 and paragraph 10 of part 1 of Art. 64 of the Law, may be declared wanted by the bailiff and seized in a volume sufficient to meet the claims of the claimant under the executive document and transferred for storage, including to the claimant or to a person with whom the territorial authority Federal Service bailiffs signed an agreement.

And also, in accordance with paragraph 10 of Part 1 of Art. 64 of the Law, the bailiff can declare a search for the debtor himself. In accordance with Art. 62 of the Law, a bailiff has the right to apply for assistance in the performance of executive actions to the internal affairs bodies.

However, the bailiff did not issue a resolution to search for the debtor's property.

Within the established period of execution of the executive document, bailiff Petrova O.K. did not perform any actions to search for A.V. Degtyarev, his property, his seizure, transfer them for storage and for sale in the manner prescribed by the legislation on enforcement proceedings.