The complaint against the bailiff: sample. Appeal against actions of the bailiff

Complaint against a judicial actionthe bailiff, a sample of which we give below, is a tool for defending our rights from law enforcement officials. Often employees violate the law. The reasons, of course, may be different. Violation can be from the actions of an employee of the FSSP, and from inaction. The latter is relevant when collecting alimony, debts on loans, loans, etc. This will be discussed in this article. There will also be a complaint about the action of the bailiff (sample).

What is subject to appeal

What actions are illegal? According to the law, an appeal against the action of a bailiff-executive is legitimate if:

• Rights and freedoms are violated, and actions contribute to such a violation.
• Unlawful duties are imposed.
• Wrongly prosecuted.

Where to go

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

Timing

Now about the timing. The complaint against the bailiff is filed within 10 days from:

• Illegal employee actions.
• Establishing the fact of inaction.
• Failure to withdraw. It must necessarily occur when the employee is personally interested in the process, for example, in the production of the case of family members.

What the complaint contains

A sample of a complaint against a bailiff contains:

• Applicant data.
• Information about the state body to which it is submitted.
• Data on the person whose action violated the law: name, position, etc.
• Details of the order of the bailiff in respect of whom the complaint is written.
• Requirements.

What evidence and documents need to be applied

Let's say right away that the appeal, for example, inthe prosecutor's office on the actions of a law enforcement officer, you can apply without evidence. It is a mistake to believe that they are not considered. Of course, if there is any evidence to support the illegal actions of the bailiffs, they can be attached to the statement. However, if they are not, then the official is obliged to request all information without them.

Sample complaint, or How to make the bailiff work

In Russia, the problem of debt is most acute.Almost every third resident has loans, alimony loans, mortgages, etc. During the crisis, their percentage only grows, including the delay on them. Departments of bailiffs simply overwhelmed enforcement proceedings for unpaid debts. There are two problems in the work of bailiffs that affect the return of money to creditors:

• Workload.
• Laziness.

Unfortunately, both are not uncommon in ourtime. As for laziness, we will leave this on the conscience of specific people from law enforcement agencies. As far as workload is concerned, it is possible to understand the staff here: there is a lot of work, they do not have time, etc. However, from the point of view of the legislation, the workload of law enforcement agencies is not an objective reason for justifying the inaction of the bailiff. A sample complaint is discussed below. We turn to the options for its submission.

Method One: Supervisors

So, before you look for a sample application forinaction court. bailiffs, you need to figure out where it will go. You can send it to supervisors. However, from 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 recommendsubmit to supervisors. This will give additional grounds for filing a claim, will allow to correct the requirements, learn the arguments in advance. This will prepare for the arguments of law enforcement agencies even before the trial.

How to know the superior bailiff

Many citizens turn to lawyers with a question: how to find out a higher manager. This can be done in two ways:

1. On the hotline service.
2. Learn from the local bailiffs officephone, or by making an official request. If the official number can not be reached, then the request must be answered according to the Federal Law “On written appeals of citizens”.

Letter to the complaint

Итак, гражданин все же решился на активные actions to protect their rights. To do this, we recommend that you first write a letter to the bailiff. You can not search for a sample, you can write in any form.

Иногда на этом этапе некоторые начинают, что called moving. If the employee knows that he has not taken all measures to recover the claimant’s debt, and sees that the latter is determined, then he can start work more efficiently. Further proceedings may not be necessary. It also happens that an employee “forgot” about a particular case, such letters make him “remember” about work.

Complaint to the Chief Bailiff (sample)

If the appeal to the employee responsible for yourthe case did not bring results, then the solution was to write a formal complaint to the supervisor. So, the complaint about the action of the bailiff (sample) will look like this:

To the senior bailiff: (full name)

Address (territorial authority):

From:

Address (of the applicant):

Phone:

A complaint

On the actions of the bailiff

(Full name) is a party to the enforcement proceedings No. XX

“ХХ” ХХХХ ХХ. The bailiff (full name) was made the decision number XX, on the basis of which the following actions were taken: (indicate specific actions)

Such actions violate my rights and interests, soas they contradict art. (specify article) of the Federal Law of 02.10.2007 No. 229-ФЗ “On Enforcement Proceedings”. Based on the above, I ask you to recognize such actions as illegal.

This is a sample of a complaint against a bailiff.On inaction will look the same. Only instead of “action” it is necessary to write “inaction”. It is also necessary to indicate in what way it manifested itself, for example: “the bailiffs did not call the party for clarification, according to the law”.

It is rather difficult to prove inaction, since it is not known what the employee did to collect the debt and what did not. However, you can ask what measures have been taken, and on the response to analyze violations.

Frequent violations

Often bailiffs abuse the right totheir goals. It is not a secret for anyone that the performing collection is taken for their work. He lay down on the shoulders of the debtor. It is not withdrawn from the sum awarded. As elsewhere in the civil service, with bailiffs require performance indicators. Therefore, sometimes they begin to break the law. Main abuses of bailiffs:

• Write off the amount from bank payroll cards abovemaximum. This is a frequent occurrence. A salary or advance payment arrives, and instead of a text message about enrollment, a notice is received about writing off the entire amount in favor of the lender. Employees know that they are breaking, but the percentage of lawsuits is extremely small, so they are aware of their impunity.
• The arrest 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. TV, VCR law does not prohibit taking, but things that are directly related to compulsory life, can not be arrested. Especially if there are minor children. These include, for example, a microwave, oven, refrigerator, etc. The list gets a computer (laptop), if it is required for the debtor to work.
• Things of other owners.There is, of course, a bailiff on the bailiff who took the things to the non-debtor. But do not forget that to prove the right of ownership lies with the owner of the thing. In other words, if they came to arrest a plasma TV, and he, for example, a common-law spouse, then it was she who needed to prove the illegality of such an action. If it is not possible to immediately submit documents of ownership (checks, loan agreements, etc.), then you will need to complain about the action of the bailiff, the sample of which we have already presented above.
• Ban on certain actions after redemptiondebt. In our country, unfortunately, the information is transmitted very slowly. There are many cases where debtors have fully paid their debts, and are not allowed to rest abroad at the airport. While all the proceedings are taking place, the armored places in hotels, plane tickets, tickets, etc., are “burned down”.
• Ненадлежащее извещение должника о вынесенном the decision to initiate enforcement proceedings. Know if it was unexpected for you to write off funds in favor of the lender, and you were constantly living at the same address, then someone must have violated the law or the instruction: the court, police officers or the postal service.

Method Two: Going to Court

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

We say right away that claims are necessary.write to the district court at the location of the bailiffs department. For example, the applicant lives in area A, the court was at the place of residence of the respondent - area B, and the interdistrict service is located in area V. Imenny to the court of area B and you need to write statements about the actions or inaction of the staff.

The advantage of filing a lawsuit

Judicial recognition of illegal actions of bailiffs has several advantages:

1. You can demand property and moral damage.
2. Prove lost profits, after whichdemand and her. For example, the debtor is a professional trader. He trades on the Forex market. Its action is officially registered, taxes are paid. However, the bailiffs seized a computer with software in it. As a result, the citizen lost profit.
3. The attitude of the bailiffs in working with the applicant will change. They will know that their actions (inaction) will necessarily lead to the proceedings.
4. Объективность при рассмотрении.The court is not interested in concealing violations of bailiffs. The name "judicial" should not be misleading. These are employees of the executive branch, not the court apparatus. Therefore, to argue "they have everything under control" is not worth it.
5. Appeal to the court on the action of bailiffsguaranteed to be reviewed within ten days. No one will purposefully delay the process, falsify outgoing correspondence stamps, etc.

Disadvantages of the trial

Legal proceedings have drawbacks. Chief among them is the need for professional help, for which you will have to pay first. However, you can, if desired, do it yourself.

We believe that it is not necessary to finish law school in order to understand how to write a lawsuit against unlawful actions of police officers. This is usually the category of "low complexity" cases.

Conclusion

In Russia, strict laws.However, this is leveled by their failure. Approximately the same can be said about the execution of court decisions. Of course, torture, imprisonment for debt, severely. Although some mothers whose fathers of children for years do not pay alimony, they want to offer this option.

In our country it is necessary to bring order tothe work of bailiffs. In practice, there are already many cases where for the entire production period employees have never taken any action to execute court decisions. We hope that the situation will change soon.