Complaint to the chief of the bailiffs. Where and how to write a complaint about the actions of the bailiff of the executor: a sample application to the senior bailiff and other authorities

Winning a case in court to recover a debt or material compensation is only half the way to satisfying the requirements presented in. The execution of debt obligations by the defendant is often delayed for many months or even years. Speed ​​and completeness of recovery Money in favor of the plaintiff directly depend on the effectiveness of the bailiff. But often they are inactive, and enforcement proceedings do not move forward. In such cases, it is necessary to stimulate the work of bailiffs by filing a complaint with the appropriate authorities.

The duties of the bailiff are to execute the court decision, including the recovery of funds. During enforcement proceedings, the bailiff may have access to the accounts of the debtor and his property. To achieve a result and close the case as soon as possible, it is not enough to simply inform the citizen about the obligation to pay the amount determined by the court. The bailiff has the right:

  • Determine the actual location of the debtor on their own or with the involvement law enforcement, including submitting to the federal wanted list individual evading payments.
  • Request information from banks about the status of accounts, the availability of securities, financial transactions of the client of interest.
  • Seize debtor's debit accounts.
  • Enter a citizen's home to assess and inventory property.
  • Seize property for further transfer to the recoverer or sale in accordance with the accepted procedure.
  • Prohibit the departure of a citizen from the territory of the Russian Federation
  • In some cases, involve the employer to withhold the amount of mandatory payments from wages(for example, in the case of alimony)

However, many bailiffs limit themselves to regular calls and email notifications, which does not give any result.

What can be considered inaction

The absence of any measures capable of speeding up the payment of debts to the recoverer can be regarded as inaction. But non-execution of the court decision within 2 months does not mean that the bailiff did nothing. First you need to familiarize yourself with the course of the IP. The claimant has the opportunity to contact the contractor, provide Additional information about the debtor (contacts, addresses), request information about the work done.

Before direct collection by the court, within 3 days, a performance list. If all the rules are followed, and the bailiff is not in a hurry to search for the debtor and withdraw the due amount from him, the plaintiff may file a complaint.

Where to file a complaint

The norms and rules for the interaction of all participants in enforcement proceedings are prescribed in the relevant federal law N229-FZ. It also describes the procedure for appeals in cases of inefficient work of performers.

In Russia, there is a bailiff service, which is represented in each region. Having dissatisfaction with the quality of performance of official duties of a particular bailiff, it is necessary to contact his immediate superior, a senior bailiff. A written complaint must be answered within 30 days. A greater effect will be given by filing a claim with the regional manager of the service or posting a complaint on the official website of the FSSP. In this case, the case will be under the control of the higher management until the full completion of the production.

The prosecutor's office also has the authority to control the work of the SSP. On the basis of the claimant's complaint, within a period of not more than 1 month, an internal audit must be carried out on the fact of violation of the rights of a citizen as a result of the inaction of the executor. As a result, punishment measures are taken against an unscrupulous employee, and the requirements of the exactor are satisfied.

It is possible to recognize the inaction of the bailiff as illegal through the district court by filing statement of claim. In less than 10 days, a decision is made, in most cases in favor of the plaintiff. Litigation costs are paid by the FSSP.

Rules for filing a complaint

In order for the regulatory authorities to correctly respond to the complaint, it is important to draw it up correctly. When contacting through the site, you can use the proposed forms. If the document is compiled independently, the following information is required:

  • Service or body to which the complaint is directed.
  • Details of the applicant (name, contacts)
  • Information about the bailiff against whom the complaint is being made.
  • Summary of the court decision and the number of the court proceedings.
  • Signs of inaction of the employee leading the IP.
  • List of violated rights of the applicant.
  • The essence of the complaint is a request for recognition of the fact of inaction of the bailiff and his violation of the current legislation.
  • Date, signature.

If there is documentary evidence, it is important to attach it to the complaint. This will facilitate the decision of the supervisory authorities in favor of the applicant.

The bailiff is obliged to enforce the court decision, that is, the plaintiff must receive the amount due from the debtor within the time period established by law. There are circumstances that objectively prevent this. But if the enforcement proceedings do not move only due to inaction, the recoverer has the right to complain about it to higher authorities in order to restore their own rights.

We have repeatedly considered situations where the recipient or payers of alimony behave in bad faith: or, conversely, wasting them on. But, unfortunately, in legal practice there is such a type of appeal as a complaint about the inaction of a bailiff conducting enforcement proceedings. What to do in a similar situation to the recipient of alimony, how to protect the rights of your child to receive financial support. Today we will learn all the nuances of such a procedure.

The Federal Bailiff Service (abbreviated as FSSP) is called upon to monitor the payment of alimony. They must control the monetary relations between the payer and the recipients of alimony, their regularity and compliance with the amount established in the executive document. The FSSP has the right to resort to measures to influence the debtor, inducing him to repay the debt as soon as possible (for alimony debts, and so on). When initiating enforcement proceedings on alimony arrears, the bailiff responsible for the work is appointed.

The activities of bailiffs are strictly limited by the Federal Law "On Enforcement Proceedings". According to this legal act, a bailiff who has received an application for initiating enforcement proceedings must begin to directly fulfill his duties within 2 months.

According to the Federal Law, the bailiff conducting enforcement proceedings is obliged:

  1. Collect all necessary personal data about the parties to the case (income certificates, financial position etc.);
  2. To control the fulfillment of maintenance obligations by the payer or the accounting department from the place of his work;
  3. Notify the parties and issue warnings about imminent administrative or non-payment of alimony;
  4. Conduct an inspection of real estate belonging to the debtor, impose or confiscate it;
  5. Seize bank accounts, securities for the amount of debt;
  6. Apply to the court for clarification on the methods, for example, for the recovery of alimony in each individual case;
  7. To declare malicious non-payers on the wanted list, to transfer the case against them to the prosecutor's office or the judiciary;
  8. Summons the parties for clarification of twofold situations;
  9. Conduct pre-trial peaceful settlement of conflicts and disputes over alimony;
  10. Check the documents provided by the parties;
  11. Perform communication with government bodies authorities (the prosecutor's office, the Ministry of Internal Affairs, the judiciary).

This is the main list, for non-fulfillment or exceeding of which punishment follows.

How to file a complaint against the inaction of a bailiff?

First of all, the recipient must record the fact that the bailiff violated his duties. It is advisable to find witnesses or provide documents confirming this violation.

The decision on the choice of responsibility of the bailiff who violated or exceeded his authority may be appointed different ways. The most effective is the writing of an application-complaint, which can be submitted to the following authorities:

  1. To the senior bailiff territorial subdivision FSSP;
  2. to the prosecutor's office;
  3. to the judiciary;
  4. Directly, to the bailiff.

Any citizen has the right to request written (more often oral) explanations from a bailiff who evades his duties, which cannot be denied. However, in the opinion of our legal advisors, this method ineffective, as it leaves the official a chance to claim that he applies all possible measures impact on the debtor.

Sometimes, when confronted with particularly unscrupulous bailiffs, they may argue that the failure to fulfill their duties was due to the fault of the alimony collectors themselves. In such matters, it is not possible for a person to solve the problem on his own. The only thing that would make sense for him to do this moment receive written clarifications from the bailiff. This document can be used in court as a supporting document.

Complaint about the inaction of the bailiff to his head

Turning to direct management is considered the first way to resolve the conflict. In the name of the senior bailiff, you need to write a complaint about the inaction of the bailiff demanding the protection of the rights and interests of a minor child deprived of the right to alimony through the fault of the bailiff. The application must be written to the management of the violator within the same unit conducting enforcement proceedings.

The complaint is written in the form of a statement in free form. The requirements for writing it are:

  1. Application header:
    1. Indication of the position of the head and his full name;
    2. Full name and data of the applicant (address, telephone).
  2. Thesis description of the circumstances of the case:
    1. Details of the writ of execution;
    2. Full name and title of the bailiff;
    3. Explanation of the cause of dissatisfaction;
    4. Description of the fact of inaction;
    5. Provision of unlawful assistance by a bailiff to a debtor in evading payment.
  3. Indicate your requirements in the form "Please take action ...".

You can download and print an approximate sample of a complaint against a bailiff addressed to his head:

senior bailiff

District department

UFSSP of Russia in St. Petersburg

from Ivanov Ivan Ivanovich,

residing at:

st. Sadovaya, 10, apt. 5,

St. Petersburg, 193214

Application (appeal, complaint)

In accordance with the Federal Law of May 2, 2006 No. 59-FZ “On the Procedure for Considering Citizens’ Appeals Russian Federation»I ask you to consider the appeal on the issue of non-execution by the bailiff _____________ of the district department of the Federal Bailiff Service of Russia for St. Petersburg of the court decision on the recovery of alimony from A.V. in favor of Ivanov AND.AND.

For a long time, enforcement proceedings are not executed. In this connection, I ask you to take measures for the proper execution of the judgment.

(Date) (signature) Ivanov I.I.

The manager will be obliged to accept such an application and begin its consideration immediately. He has the right to demand from the bailiff, who violated his duties, an explanation of the situation and take necessary measures on the resumption of enforcement proceedings. Unfortunately, there remains a small fraction of the likelihood that the matter will remain unresolved.

Complaint about the inaction of the bailiff to the prosecutor's office

As we have already found out, explaining the situation with the bailiff or his leadership may be ineffective. In this case, the alimony collector, faced with inaction or assistance to the debtor by a bailiff, may seek assistance from the territorial prosecutor's office.

The prosecutor's office has the right to control and prosecute bailiffs for failure to fulfill their official duties. The initiation of a case takes place from the moment a complaint is received against the bailiff addressed to the prosecutor ().

The complaint will look like this:

Prosecutor of the city of Yekaterinburg

state councilor

justice class 2

Yurchenko S.V.

from full name (fully),

residing at the address: (zip code, city, street,

house, apartment, contact phone)

on the inaction of the bailiff

"___" ___________ 201_ The Zamoskvoretsky District Court of Moscow made a decision in case No. ____________ on the claim of ________________________.

The court decided: _____________________.

In the proceedings of the bailiff _________________________ there is a writ of execution issued by the Zamoskvoretsky District Court of Moscow.

When committing executive actions bailiff Petrova C.AND. from "___" ___________ ____ to "___" ___________ ___ does not take the necessary actions to control maintenance payments, which violates ____________________________________________________________ (indicate references to laws and other regulatory legal acts) and the applicant's rights to _____________________________________________________.

Based on the above, guided by art. 10, 26 federal law dated 01/17/1992 N 2202-1 (as amended on 12/03/2012, as amended on 12/30/2012) "On the Prosecutor's Office of the Russian Federation"

1. Check the activities of _____________ for compliance with the legislation of the Russian Federation.

2. Take prosecutorial response measures.

3. Take measures to bring to justice officials ______________ who violated the law.

Signature: ________________ / transcript / "_____" _____________ 201_.

Please note that the requirements in the complaint sent to the prosecutor's office are written separately from the main text. In addition, the requirement to conduct a prosecutor's check must be indicated.

Claim for the inaction of a bailiff in the judicial authorities

Despite contacting the prosecutor's office, most likely, you will need to file an application for the inaction of the bailiff for alimony to the court. Trial necessary to protect and restore the rights of the claimant to receive alimony and to assist him in the forced collection of payments for the child.

Now the application will be in the form of a claim to challenge the actions of the bailiff. In addition, it will be very different from the previous two samples. Download type sample.

AT ______________________________
(name of court)
from _____________________________
(name of the applicant, address)
Interested party: ___________
(name, address
bailiff)
Debtor (collector): _____________
(name of the second party, address)

STATEMENT

challenging the actions of a bailiff

"___" _________ ____, by the decision of the bailiff-executor, enforcement proceedings were initiated on the basis of a writ of execution ( court order) on the recovery from _________ (full name of the debtor) in favor of _________ (full name of the recoverer) a sum of money _______ rubles.

In the course of enforcement actions, the bailiff-performer committed the following actions _________ (indicate the actions (inaction) that are being appealed by the applicant).

I do not agree with these actions, because they violate my rights _________ (indicate what the violation of the applicant's rights is).

  1. Recognize as illegal the actions of the bailiff _________ (list illegal actions (inaction), indicate the details of the appealed decision).
  2. Oblige _________ (full name of the bailiff) to eliminate in full the violation of my rights.

List of documents attached to the application (copies according to the number of persons participating in the case):

  1. Copy of the application
  2. A copy of the decision to initiate enforcement proceedings
  3. Complained decision (written response)
  4. Available documents supporting the arguments set forth in the application

Date of application "___" _________ ____ Signature _______

Important! Don't forget to indicate complete list attached documents confirming the inaction of the bailiff. You must provide the originals and their copies in the required quantity.

If you have any questions about the topic of the article, leave comments at the bottom of the page. If you need legal advice on alimony issues, use the free support of our website, available around the clock.

When the bailiff is not doing his job properly, 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 turn to assert your rights due to the inaction of the bailiffs. Otherwise, the problem cannot be solved.

Dear readers! Our articles talk about typical solutions legal issues but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

How to write a complaint?

As a rule, the application is written on behalf of an individual. You can appeal against the actions of the bailiff by writing a complaint against him, it is important to indicate the facts confirming the real inaction of the employee, for example, he is not looking for malicious defaulter alimony.

At the top of the document, write data of the senior or chief bailiff in whose name the document is written and be sure to give the full name of the territorial body and its address.

For example:

Senior bailiff-executor

department of the bailiff service of the Pervomaisky district

Office Federal Service bailiffs in the Tver region

452123 Tver, st. Baghramyan, 123

Ivanov Ivan Ivanovich

2.Then the data of the debtor and the recoverer are indicated, and the word “Complaint” is written from a new line in the center.

For example:

Debtor: Sidorov Sergey Petrovich

Tver, st. Pervopalovskaya, 12, apt. ten.

Claimant: Petrov Petr Petrovich

Tver, st. Dobrolyubova, 15, apt. 48

3.After the word "Complaint" from a new line with a capital letter, the essence of the appeal is written.

For example:

On May 4, 2014, the bailiff Lysenko A.V. issued a decision to initiate enforcement proceedings under the number No. 485349863 against the debtor Sergey Petrovich Sidorov in favor of the recoverer Petrov Petr Petrovich, the essence of the execution is the existing debt in the amount of 5555555 thousand rubles.

At the moment, the writ of execution of the Supreme Court No. 5748734987 dated May 12, 2014, issued by the Pervomaisky District Court of the city of Tver in case No. 4-56 / 2014, has not been executed.

I was not informed about the executed executive actions.

4.After that, it is necessary to indicate that you consider the work of the bailiff to be unsatisfactory.

For example:

Based on the available data, I believe that no work has been carried out on this enforcement proceeding.

5.After that, you must indicate how to contact you and, if necessary, provide additional data..

For example:

I ask you to inform me about the results of the work and the measures that were taken against the person responsible for the execution of proceedings in accordance with Article 6.1 of the Code of Civil Procedure of the Russian Federation.

I ask you to give me a written answer at the address of residence, as I am unable to appear at the OSSP due to serious problems with health or because of the need for a long business trip.

6.The last paragraph indicates the documents that you attach to the main application..

For example:

I am enclosing a copy of the application.

7.The last paragraph contains the date of filing the application, the personal data of the claimant and his signature.

For example:

Petrov P.P. __________________ December 22, 2015

Important!!! Additionally, in the application, indicate those articles of the law that allow the bailiff to be held accountable. In your complaint, state your thoughts clearly and consistently, avoiding emotional and colloquial expressions.

Application to the court or prosecutor's office

It's important to do it right. When filing an application with the court, the document is drawn up in the same way as when submitting to the senior bailiff. The only thing that needs to be changed is the address and the name of the body of appeal.

Be sure to supplement the application list with copies of the statements that you wrote to other authorities before, if any. It is better to go to court already when the appeal to other instances did not give any result.. Also, attach responses from all structures from where you received letters to your appeal.

Since the applicant does not prove anything in court, but only provides documents, it is necessary to clearly indicate the reason for the appeal. In response to your appeal, the bailiff must refute the fact of the violation or admit guilt.

Usually, decisions on such cases shall be made immediately after the first meeting unless the court requires the collection of additional documents. The advantage of filing an application with the court is that the plaintiff, according to tax code RF should not pay state duty when considering cases of inaction of the bailiff.

Such complaints do not often go to court, as they denigrate the entire legislature. In order for your application to be accepted without problems and immediately go to court proceedings, it is better to contact a competent lawyer to draw it up.

Terms of consideration of the complaint

The body superior to the bailiff without fail should in short time consider the complaint.

According to the current legislation and chapter 22 of the Code of Administrative Procedure, maximum amount days allotted for this work is ten days from the date of acceptance of the application for record keeping.

If the applicant has not received any response within the specified time, he can apply to higher authorities.

How to make bailiffs work on your debts? Watch the video:

We continue to understand the issue of enforcement of court decisions. Quite often, situations arise when the debtor or the recoverer does not agree with the actions of the bailiff. I propose to discuss the question of where you can complain if the bailiff, in your opinion, violates the law.

The current legislation provides two main ways with which we can defend our interests:

  1. by filing a complaint in the order of subordination, that is, to the authorities in whose subordination the offending bailiff is located (Article 123 of the Federal Law “On Enforcement Proceedings”);
  2. by filing a complaint against the decisions of the bailiff, his actions (inaction) in court of Arbitration or a court of general jurisdiction, in the area of ​​activity of which the specified person performs his duties (Article 128 of the Federal Law “On Enforcement Proceedings”).
This article will discuss how a complaint is filed in the order of subordination. To begin with, both the actions of the bailiff (for example, issuing a decision that violates your rights) and his inaction (that is, if the bailiff does not take any steps that are required by law to take) can be appealed.

What is the time limit to file a complaint against a bailiff

A complaint against the decision of an official of the bailiff service, his actions (inaction) is filed within ten days from the date of the action by the bailiff-performer (establishing the fact of his inaction). Moreover, if you were not informed about when the bailiff will conduct certain actions, you have the right to appeal them within ten days from the moment you learned about them (Article 122 of the Federal Law “On Enforcement Proceedings”).

Example The bailiff makes a decision, sends a copy of it to the debtor by mail. The debtor receives it in 20 days. If he does not agree with the decision of the bailiff, he has the right to file a complaint within 10 days not from the date of issue bailiff of the decision, and since receiving copies of the document by mail. I want to draw your attention to the fact that in this case it is necessary to take care of the evidence that the deadline for appeal has not been missed. Such evidence may be a mail notification, which indicates the date of receipt by the addressee of the letter or another document with a note on the time of receipt.

To whom to complain

There are many options provided by the law on enforcement proceedings, depending on which official issued the contested act or committed an action (inaction). Let's try to figure it out. So:
  • if we do not agree with the decision of the bailiff, his actions, inaction - we complain to the senior bailiff, in whose subordination he is;
  • if the contested decision of the bailiff was approved by his immediate superior - the senior bailiff - we turn to the chief bailiff of the constituent entity of the Russian Federation, who is subordinate to the senior bailiff;
  • if you do not agree with the decisions, actions or inaction of the senior bailiff, we also turn to the chief bailiff of the constituent entity of the Russian Federation, in whose subordination is the senior bailiff;
  • a complaint against the decision of the deputy chief bailiff of the Russian Federation, the chief bailiff of the constituent entity of the Russian Federation, his deputy, as well as their actions (inaction) is filed with the chief bailiff of the Russian Federation (Article 123 of the Federal Law "On Enforcement Proceedings").
As we can see, the last instance, to which we can apply in the order of subordination, if our rights are violated during enforcement proceedings, is the chief bailiff of the Russian Federation.

How to file a complaint against a bailiff

So, if you decide to complain about the bailiff, I suggest next option. First you need to contact the department of the bailiff service, in which the writ of execution is located, with a statement about familiarization with the materials of the enforcement proceedings (this right is enshrined in Article 50 of the Federal Law “On Enforcement Proceedings”, you can read more about this in my article “The Rights of the Parties in the Executive production"). After reviewing, having written out from the case all the necessary details of the documents with which we do not agree, we file a complaint with the senior bailiff. The complaint is submitted through the office of the OSSP, do not forget to make a copy of it, on which the office employee must put a mark on its acceptance. If you do not have the opportunity to file a complaint in person, you have the right to do so through a representative (in which case he will need to provide a power of attorney to perform such actions) or send a complaint by registered mail with acknowledgment of receipt. If you do not agree with how your issue was resolved, you have the right to turn further to the chief bailiff of a constituent entity of the Russian Federation, etc. In any instance, your complaint must be considered within ten days from the moment of its receipt (Article 126 of the Federal Law “On Enforcement Proceedings”).

What to write in a complaint

Art. 124 of the Federal Law "On Enforcement Proceedings" provides for a number of requirements for a complaint. Thus, the complaint is drawn up in writing, signed by the person who filed it, or his representative. In addition, it must specify:
  • the position, surname, initials of the official of the bailiff service, the decision, actions (inaction), the refusal to commit actions of which are being appealed;
  • surname, name, patronymic of the citizen or the name of the organization that filed the complaint, place of residence or place of stay of the citizen or location of the organization;
  • the grounds on which the decision of the official of the bailiff service, his actions (inaction), refusal to take actions is appealed;
  • claims of the complainant.

The outcome of the complaint

After consideration of the complaint filed in the order of subordination, the official adopts the appropriate decision. If the complaint is found to be legitimate, the official has the right to take one of the following decisions:
  • cancel the decision (moreover, it can be canceled either completely or partially);
  • cancel the adopted decision and make a new decision (both independently and by obliging the bailiff to this);
  • recognize actions (inaction), refusal to perform actions as unlawful and determine the measures that must be taken in order to eliminate the violations committed (clause 3, article 127 of the Federal Law “On Enforcement Proceedings”).

Grounds for refusing to satisfy a complaint against a bailiff

If the official considering your complaint comes to the conclusion that the bailiff acted within the law, the complaint will be denied (clause 2, article 127 of the Federal Law “On Enforcement Proceedings”). In addition, a complaint may be denied on the following grounds:
  • the decision of the bailiff-executor on the collection of a performance fee or the imposition of a fine is appealed;
  • the deadlines for appealing were not met and the person who filed the complaint did not file a petition for the restoration of the missed deadline for appealing, or such a petition was rejected;
  • the complaint does not comply with the requirements of the law in form and content;
  • on a complaint of similar content, the court made a decision;
  • the subject of this complaint is the decision, actions (inaction) of a person who is not an official of the bailiff service (Article 125 of the Federal Law “On Enforcement Proceedings”).

Summarize

If we do not agree with the actions of the bailiff carried out as part of the enforcement proceedings, or we have reason to believe that his decisions violate the law, we have the right to complain. One of the options is a complaint in the order of subordination, that is, to the immediate superior of the offending bailiff. Such a complaint should be filed within 10 days from the moment when the bailiff violated the law or from the moment you found out about it. Your appeal will be considered if it was submitted in writing and contained all the necessary details. Based on the results of the consideration of the complaint, a decision will be made, its copy will be sent to you no later than three days from the date of its adoption. Application. Sample Complaint

To whom: ______________________ ,

address: ______________

from whom: ________________ ( Full name. fully)

Address (tel.): ______________________________

A COMPLAINT

on the action (inaction) of an official of the bailiff service

I, ____________________( Full Name), I am ___________________ ( debtor, creditor, interested party) on enforcement proceedings N ______________________, which is being executed by the bailiff __________________________ ( Full Name) department of bailiff service ____________________________.

debtor ( claimant) for enforcement proceedings is _______________________ ( FULL NAME. citizen, organization name).

Substance of the complaint: _______________________________________________________________ (a summary of the appealed decision, actions (inaction) of the bailiff; indicate the grounds on which the person filing the complaint does not agree with the decision of the official).

In this connection and on the basis of Art. 50 of the Federal Law "On Enforcement Proceedings"

I BEG:

1. Recognize as illegal the decision, actions (inaction) of an official of the bailiff service _______________________________ ( FULL NAME. official of the bailiff service, territorial department of the bailiff service) _____________________________ (appealed decision, actions (inaction)

2. Oblige ___________________________ ( take an action that is necessary to eliminate violations of the law on enforcement proceedings)

Application:

________________________ (Copies required documents; a power of attorney is attached to the complaint signed by the representative)

Applicant ___________________________ "___" ___________ 200 __

Unfortunately, in our time, it is increasingly possible to observe and hear about such an offense on the part of the executive service as inaction. As a rule, the inaction of bailiffs entails the so-called harm to third parties. But why executive bodies exhibit such unlawful types of violations and can it be combated?

How to understand the fact of inaction?

The very fact of inaction can be understood as the failure to fulfill their direct duties by the bailiff, as set out in the record keeping, within the time period specified by the court.

Simply put, the employee of the executive service did not show activity, which subsequently harms a third party.

What to do about inactivity?

In the event of any facts of unreasonable inaction, any citizen whose rights have been violated has every right to write a complaint against the bailiff. As a rule, such complaints are initially sent to the immediate superior of the person on whose part the offense is observed.

But there are several criteria that you should pay attention to before filing a complaint, or rather find out the reason why the executive services are inactive. Perhaps the enforcement proceedings were postponed or simply refused. Either the production was transferred to another department or suspended. In any case, if inaction continues, it is necessary to contact the leadership of this department, and in the event that this does not help, you should go further and write a complaint to the prosecutor's office and higher authorities.

How to write a complaint

In order to file a complaint against the bailiff about his inaction, you must familiarize yourself with all the criteria by which the application is accepted. The problem is that there is no specific form to fill out. For the application to reach right place, you need to take it seriously.

Often the reasons for refusal are errors in the text, corrections, non-contentious information, as well as incorrectly filled in details. Therefore, when filling in the details, it is necessary to indicate the following details:

  • the name of the body to which the application is sent;
  • contacts and information about the applicant;
  • personal information about the employee of the executive service;
  • description of the case;
  • the grounds on which the complaint is filed;
  • evidence and confirmation of the fact of inaction;
  • date and signature of the person making the application.

In most cases, the applicant achieves his goal. Therefore, you should not be afraid to take such actions, but simply know your rights.

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