To execute court decisions or perform actions on other executive documents, there are bailiffs. However, they are often negligent in their work. In this case, there are several ways to influence negligent employees, thanks to which they can be forced to conscientiously perform their official duties.
Let us immediately draw your attention to the fact that the work of the bailiff can be facilitated either by directly contacting his management with a complaint in the order of subordination (by the way, you will find the form in this article) or by the court. Although there are some peculiarities here, you can read about them in the article: Administrative claim against the actions of a bailiff.
The complaint to the prosecutor's office against the actions and inactions of bailiffs 2022 deserves special attention. This article will tell you about its preparation and the procedure for filing it. What do you need to know? Read our new material, if you have any questions, ask them in the comments or to the site’s online consultant.
How to write a complaint to the prosecutor about the inaction of the bailiff
What problems do citizens most often turn to the prosecutor with? First of all, this is the inaction of the bailiff in the process of debt collection. This applies not only to alimony, but also to other types of debt.
For example, the bailiff does not fulfill his duties to search for the property and other assets of the debtor. After all, the speed of execution of a court decision may directly depend on this.
If we are talking about the same alimony, the bailiff may not rush to transfer the writ of execution to the accounting department of the enterprise where the debtor works. This may also be a reason to contact the prosecutor's office.
A complaint about the inaction of bailiffs in 2022 can also be filed at the debtor’s place of residence. However, before writing it, you should have a clear idea of what legal norms were violated by the BSC employee.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
Before you start drawing up a document, it is advisable to consult with a specialist or study the provisions of the law yourself.
Question answer
Question: According to a court decision, a certain amount of funds for a private loan was to be recovered from the debtor. After submitting the writ of execution, the FSSP initiated proceedings, but a year later they closed it, without sending me a resolution on its completion. Since I live in another region, I don’t want to waste time traveling. But as a result, the bailiff does not answer phone calls, ignores letters, and if he picks up the phone, he promises to send everything, but does not do this. I tried to complain about the actions of the FSSP employee to the head of the unit, but I never received an answer. In such a situation, can I submit an application not only for an employee of the Service, but also for his immediate superior?
Answer: Using his legal right, a citizen can complain not only about an ordinary employee of the Service, but also about his manager. In this case, it is important to indicate in the appeal that a response to the complaint was not received and the bailiff still did not fulfill his obligations.
Question: What to do if the Prosecutor's Office refuses to satisfy the requirements?
Answer: From the point of view of the law, such a decision can be challenged in court. But given that this will require time and money, it is first worthwhile to adequately assess the situation and understand whether the applicant’s demands are truly justified and legal.
Question: The senior bailiff issued a decision to terminate enforcement proceedings. It turned out that the debtor had no property and no official employment. But I know that he constantly uses his personal car. In this regard, there is reason to believe that the FSSP employee is not properly performing his duties. Is it possible to file a complaint in this case?
Answer: Not only its owner can use the car. And only property that is the property of the debtor can be seized. It is possible that the car does not belong to the person against whom enforcement measures are being taken. Accordingly, there is no need to rush to contact the Prosecutor's Office. First, familiarize yourself with the case, since only from the documents can you conclude whether the debtor’s property was searched.
Question: A survivor's pension was written off from a bank account as part of enforcement proceedings. After contacting the FSSP, they promised to return everything, explaining that they did not know about the intended purpose of the funds. Within a month the problem was not resolved, and I filed an application with the Prosecutor's Office. But there they told me to contact the employee who is handling my case. What to do in such a situation?
Answer: Judging by the fact that the Prosecutor's Office asked to contact the bailiff, it is easy to assume that the appeal procedure was violated and you previously tried to resolve the situation without submitting written appeals. To obtain a refund, you should draw up and submit a written complaint to the head of the FSSP and only after receiving a response contact the Prosecutor's Office.
Question: When making an inventory of property, for a fee, an FSSP employee offered to “pretend” that I did not have valuable things. Where can you file a complaint in this case?
Answer: Considering the circumstances, it is better to immediately send an appeal to the Prosecutor's Office. But it is advisable to do this only on the condition that the applicant can prove the fact of illegal actions of the bailiff. Otherwise (for providing false information) he may be held liable under the law.
Application to the prosecutor's office regarding the bailiff's inaction sample 2022
Below is an example of what a complaint about the inaction of a bailiff to the prosecutor's office might look like.
First, the territorial body of the prosecutor's office where it is addressed, as well as complete information about the applicant, are indicated.
The complaint itself should begin with a description of the trial and the essence of the decision made on it.
After this, you need to provide information about the writ of execution and details of the enforcement proceedings (including the position and initials of the responsible employee of the OSB).
An example of an application to the prosecutor's office regarding the bailiff's inaction
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Then it is necessary to move on to a description of what directly constitutes the illegal actions or inaction of the bailiff.
Your position should be supported by references to legal norms. However, they may concern not only enforcement proceedings.
The appeal must be completed by requirements for the prosecutor, as well as a list of attachments, if any.
Please note that the complaint must include the date and personal signature of the applicant. Without these details, it will be ignored.
Which prosecutor's office to choose
There are different types of prosecutor's offices: city, district, regional, General Prosecutor's Office.
When submitting an application, you should be guided by the principle: from smallest to largest. Those. You should start with the district (city) prosecutor's office. The one where the SSP branch is located is selected. For example, there are several districts in the city, and each has its own prosecutor's office. Plus there is a city prosecutor's office. The applicant lives in district X, and the branch of the SSP, in which enforcement proceedings have been opened, is located in district Y. In this case, you need to contact the prosecutor's office of district U. And if you need to complain about the inaction of prosecutors, you will need to submit an application to the city and regional prosecutor's office .
How a complaint about the inaction of bailiffs is considered
So, in 2022, the legislation allots from 15 to 30 days for the consideration of an application received by the prosecutor’s office for the bailiff’s inaction. It all depends on whether the facts stated in the complaint need to be verified. The person must be notified in writing of the results of handling the complaint.
If the response to the complaint turns out to be unfounded, then you can contact a higher prosecutor’s office, or appeal the actions (inaction) of the bailiff to the court.
When the prosecutor considers the information contained in the complaint to be justified, he may issue:
- Order to eliminate violations.
- Resolution to bring the guilty person to justice.
- Apply other prosecutorial response measures.
Thus, we can say with confidence that the complaint against bailiffs to the prosecutor’s office will not go unnoticed. Your arguments will be heard.
Why do conflicts with bailiffs arise?
As many admit, the BSC in Russia often works ineffectively, despite the presence of significant leverage. Bailiffs often do not have sufficient knowledge of jurisprudence and simply do not understand how to build a scheme for the execution of the same court decisions. And they don’t know how the government system functions.
There is a significant shortage of bailiffs in the country due to the low prestige of this profession. As a result, citizens who act as debt collectors suffer.
Therefore, interested creditors often find themselves in a conflict situation. The bailiff does not want to act as the law prescribes to him or does not understand how to carry out enforcement proceedings. For example, there is arrears of alimony. The alimony provider evades payments and claims that he cannot find a job. At the same time he buys a car. The bailiff should look for a source of income, make inquiries to banks, seize property, but he does not take any steps, being satisfied with the answer that there is no work.
In this case, there are several options. First of all, you should try to resolve issues with the bailiff amicably. You can independently find information about the debtor’s personal property, sources of his income and present it to the bailiff.
If the situation cannot be resolved amicably, a complaint remains against the actions (inaction) of the bailiff and a lawsuit in court. The first thing you should do is complain to your superiors. For example, to the head of the SSP department in which this bailiff works. If the complaint remains unsatisfied on the merits, you can further contact the prosecutor's office with a statement.
But the complaint may not only come from the plaintiff. It is also possible on the part of the debtor. Bailiffs not only periodically fail to act, but also sometimes exceed their official powers. For example, they seize property that does not belong to the debtor.
Form of complaint to the prosecutor's office against the bailiff
Naturally, it must be in writing. When contacting the prosecutor, you must provide your own information, otherwise it will not be considered.
It is also necessary to first study the legislation on enforcement proceedings. After all, it is advisable to provide a reference to the relevant legal norms in the document.
The application must contain a personal signature. Otherwise, the application will simply be returned.
You can submit a complaint to the prosecutor's office at your residence address or office location. What happens next?
Having received the materials, the prosecutor’s office employee will check them. If the arguments in the appeal are justified, then a mandatory order is issued.
Remember that the prosecutor's office is not able to carry out any enforcement actions.
Complaint to the prosecutor's office against the bailiff
How else can you influence
There are several methods to counteract unlawful actions or inaction of the performer.
The first of them is extrajudicial. Initially, it may involve a personal visit to the bailiff and conducting a constructive dialogue with him. Technical support will help move the process forward.
For example, a creditor can provide his own transport so that the bailiff can go to the place of inventory and seizure of the debtor’s property.
If cooperation could not be established, then the solution would be to file a complaint with the senior bailiff, that is, the direct superior of the civil servant involved in enforcement actions.
The work of the bailiff and his inactivity can be appealed to the court (if the conversation turns to problems with the implementation of the judicial act). A complaint against a bailiff's decision is addressed to the justice authority (district, arbitration) located on the territory of the FSSP department.
The time for filing a complaint is established by Art. 122 Federal Law “On Enforcement Proceedings” (hereinafter Federal Law No. 229). According to it, you have ten days from the date of violation of the law to challenge the actions (inaction) of an employee of the OSB.
The legislation allows the deadline to be renewed due to objective circumstances. To do this, along with the complaint, an application justifying the reasons for the delay is submitted. It is useful to attach supporting documents to it.
What other actions can you take?
Court
He has the authority to challenge the bailiff if connections between him and the debtor or creditor are revealed: indirect interest, family ties, etc.
Ask the bailiff to present the entire case for review. Surely a deadline was missed somewhere or all the data was not filled out. Any incorrectly compiled document breaks the entire structure of the process. You can file a complaint with the court if you have the following goals:
- Removal of the bailiff and annulment of decisions made;
- Temporary suspension of the collection process (if you are acting on the side of the debtor).
Filing a complaint in the order of subordination
A complaint in the order of subordination against a negligent bailiff is sent according to the canons prescribed in Art. 123 Federal Law No. 229.
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Complaint to the senior bailiff sample 2022
Its subject is the actions (inaction) of an entry-level bailiff, a deputy senior bailiff. The exception is situations when the content of the appealed decision is previously authorized in writing by a senior bailiff.
Below, for your convenience, you can complain to the senior bailiff and adapt it exactly to your situation.
Complaint against the bailiff in the order of subordination
Complaint to the chief bailiff for the region
The object of the complaint will be the activities of the senior bailiff of the FSSP department, as well as the decisions signed by him from a subordinate employee.
The address of the corresponding OSP service can be easily found on the Internet by entering a specific region in the search field.
Complaint to the Chief Bailiff of the Russian Federation
He is authorized to consider complaints about actions or inaction on the part of the chief bailiff of the region.
The same rule applies to acts and actions of the deputy chief bailiff of the Russian Federation.
We have outlined the main hierarchy for appeal. If for some reason the complaint was submitted to the wrong address, it will be sent to the appropriate address.
Requirements for the content of the complaint
A complaint about the work of bailiffs must meet certain standards, since otherwise difficulties may arise with its further consideration.
So, first the FSSP body where the appeal is addressed must be indicated. If it is written in the name of the manager, then his initials should be written.
Then there should be detailed information about the author of the complaint (debtor or claimant). Indicate the initials or name of the company, address, contact means of communication (telephone, email).
Next is the date, number, content of the contested resolution, as well as the essence of unlawful actions or inaction with reasoned argumentation. In this case, the initials and position of the responsible person are written.
The complaint must conclude with specific demands aimed at eliminating violations of the rights of the interested party. Naturally, the signature of the author of the complaint or his representative must be present.
You can file a complaint against the bailiff either in person or by mail, as well as online. At the same time, you can attach copies (including electronic ones) of documents to your appeal to support your own position.
Where to find a sample complaint
Finding a sample will not be difficult.
- Regardless of who and to what authority the complaint will be sent, the sample document is the same. Only the name, address of the organization, and the name of the manager or other official will differ.
- The sample can be found and downloaded on the Internet, on one of the legal portals or sites where samples of other documents are posted.
- Any practicing lawyer or lawyer can provide a sample.
- A sample is available on the information stands of human rights organizations.
- A written sample may not be needed, since today you can contact the supervisory authorities for help simply by filling out a special form on the official website of the prosecutor's office.
When they can refuse
There are several grounds on which a complaint may be refused. All of them are spelled out in Art. 125 Federal Law No. 229 .
In particular, the decision regarding the enforcement fee is not appealed. The results of the property assessment carried out by the expert are not disputed.
If the deadline for submitting a complaint is missed, this may also become a reason for refusing to consider it. A petition to renew deadlines can help, but its satisfaction is the right and not the responsibility of the senior bailiff.
Violation of the procedure for registering and filing a complaint is also among the reasons for refusing to consider it. Therefore, preparing a complaint should be taken seriously. When the court has already made a decision on the essence of the complaint, its consideration will also be refused.
The refusal to consider the complaint is recorded with the help of a resolution, which can be challenged in a higher body of the FSSP.
Procedure for consideration of the application
Once the application is received by the prosecutor's office, it must be considered within a maximum of one month. This period is defined in Art. 5 of the Order of the Prosecutor General of the Russian Federation No. 45. The term may be reduced or increased. A shorter period is allocated for serious violations, the evidence of which is presented in a significant amount. The period is increased if it is necessary to expand the scope of the prosecutor's inspection. After registering the application, the applicant is sent a written notification about the further fate of the document:
- He will be left motionless.
- A prosecutor's investigation will be ordered into it.
- The application will be forwarded to another structure that is responsible for its consideration.
The notification is sent to the contact address specified in the application (postal mail or electronic mail). If such notification has not been received within ten days after filing the application, you can make a request to the prosecutor's office to find out about the progress of the application. To do this, just call the office by phone. Employees are required to provide such information upon simple verbal request. A standard application is considered no longer than 30 days. Based on the results, the prosecutor must draw up a report. How the application is processed step by step:
- The application and attached documents are being examined for possible prosecutorial review or other actions.
- Within seven days, if the document sets out the facts on the basis of which the investigation should begin, it is transferred to the prosecutor, who will further handle the case.
- If a different decision is made regarding the application, for example, to refuse consideration, the applicant is sent a reasoned response.
- The prosecutor's investigation is carried out directly at the site of the alleged violation. Those. An employee of the prosecutor's office studies the circumstances of the case directly at the SSP department. To identify violations, documentation is checked and witness statements are taken.
- Upon completion of the inspection, the prosecutor draws up a report on its results.
The prosecutor's office must send a copy to the applicant. Options for further action depend on the results of this report.
Is it possible to file a complaint against the boss?
Inaction is often characteristic not only of ordinary bailiffs, but also of their management. There are two ways out of the situation. The first of these is preparing a complaint to the competent court.
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However, if a party wants to restore their interests without trial, they can file a complaint against the bailiff with the regional division of the FSSP. In this case, the same time period for appealing applies, i.e. ten days.
Complaints against the chief bailiff are available for free in this article. The appeal can be supplemented with your own arguments and evidence.
Filing a complaint against a bailiff: a step-by-step guide
To ensure that the appeal process is not accompanied by unnecessary difficulties, we offer you an algorithm of actions that you should take to restore your rights at the stage of interaction with bailiffs.
Step 1. Familiarization with the materials of enforcement proceedings
Each party has a legally guaranteed right to familiarize itself with the results of the bailiff’s work. To do this, you should write an application to the FSPP department to familiarize yourself with the documents of enforcement proceedings.
It is imperative to indicate your intention to make copies. At the appointed time, you can approach the bailiffs and photograph the materials of interest.
Step 2. Determining the legal position
After studying all the materials, you should have a clear idea of what work has already been done, and in what way the bailiff violated the rights of the creditor or claimant.
It is also advisable to prepare a legal basis for your arguments.
Step 3. Preparing and filing a complaint
Next, you need to correctly write out the text of the appeal and submit or forward it to the appropriate person.
You can attach previously photographed materials of enforcement proceedings to the complaint.
Step 4. Determining a strategy for further actions
First of all, you should wait for the results of the complaint. After receiving the text of the resolution, there are three main ways:
- Contact the higher authority of the FSSP.
- Start litigation with the bailiffs.
- Write a complaint to the prosecutor's office against the bailiffs.
These are the main stages of appealing against unlawful actions by FSSP employees. At all the stages described, qualified legal support will not hurt.
Normative base
The activities of bailiffs in executing court decisions are regulated in detail by law:
- Federal Law of July 21, 1997 No. 118-FZ “On Bailiffs”;
- Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”.
Once enforcement proceedings have been opened, the bailiff must take all actions necessary to ensure execution of the decision. The list of all actions that the bailiff must perform, if necessary, is contained in Art. 64 Federal Law “On Enforcement Proceedings”:
- request the necessary information from banks, employers, Rosreestr and other bodies and organizations that have information about the debtor’s property;
- request and verify financial documents related to the execution of a court decision;
- enter non-residential premises used by the debtor or other persons;
- enter the debtor’s residential premises - if the decision to move in or evict is executed;
- seize property, accounts, securities, and also confiscate property;
- evaluate property. If the value of the property during the assessment is greatly underestimated or overestimated, this is a reason to file a complaint;
- search for the debtor and his property, and also involve the police for this purpose;
- consider applications and petitions from the claimant and the debtor;
- establish temporary restrictions on travel abroad for the debtor;
- establish temporary restrictions on the use of a special right, for example, the right to drive a vehicle;
- perform other necessary actions.
At the same time, all necessary measures must be taken within 2 months from the opening of enforcement proceedings. Otherwise, we can talk about inaction or delay in enforcement proceedings.
In addition, every action of the bailiff is strictly regulated by law. So, if bailiffs withhold from wages an amount in excess of the maximum established 50% or do not notify the debtor about the initiation of enforcement proceedings, this is a violation of the Federal Law “On Enforcement Proceedings”.
Thus, any failure by FSSP employees to comply with these standards, including inaction, abuse of power, red tape, etc., can be appealed by both the creditor and the debtor.
Filing a complaint online
You can also express your complaints about the work of bailiffs online. To do this, it is possible to file a complaint through the FSSP website. Before writing its text, you should go through the registration process on the portal.
The sent text of the complaint is registered. And if the central body of the FSSP is not authorized to consider the complaint, then it will send a statement according to its affiliation.
It is very important for the author of the complaint to mention when he learned about the violation of his rights by the bailiffs. This will help avoid problems with possible missed deadlines for appealing.
