How does an appeal against the actions of a bailiff take place? Many people know that getting a positive court decision for yourself is only half the battle. Next, it is important to begin implementing the court decision as quickly as possible.
This will be done by an employee of a specialized institution - a bailiff. And if he improperly fulfills his duties, then his inaction may become a reason for appeal.
How to write an administrative application to a bailiff in court, read in our article. We also offer a sample administrative statement of claim for the actions of inaction of the bailiff. So, in order.
Where to submit an application to challenge the actions of a bailiff under CAS
There are several ways to challenge both this or that action and the inaction of the bailiff. First of all, this is filing a complaint addressed to the official’s immediate superiors.
In it you need to indicate all the data about the enforcement proceedings, and also write about which specific points of legislation the bailiff overlooked.
The complaint should end with a specific request on how to speed up enforcement proceedings or protect your rights as a party in another way.
The received appeal is considered within ten days. This should be followed by a resolution specifying the measures to be taken in the future.
If no real measures have been taken, an effective method of protecting rights will be a complaint against the bailiff to the prosecutor's office.
The action or inaction of the bailiff has the right to appeal against all parties to the enforcement proceedings.
For example, the subject of the appeal may be:
- violation of the procedure for certain executive actions;
- applying seizure to other people's things;
- inaction in searching for the debtor and his property.
To what has been said, we can add that a complaint to court against bailiffs is also an effective method. At the moment, this procedural document is referred to as an administrative claim against the bailiff.
We will tell you in more detail about the features of appealing the actions of a bailiff under the CAS RF in just a couple of paragraphs.
Grounds for application
Any interested person whose rights were violated during enforcement proceedings can submit a petition to the court against the actions of the bailiff: plaintiff, defendant, third party. The most common reasons for filing a complaint are:
- inaction of an official in searching for and seizing the debtor’s property;
- unlawful seizure of someone else's property or collateral;
- blocking and writing off funds from the account to which social payments, alimony, and pensions are received;
- violation of collection procedures, abuse of force and authority.
Administrative application for the actions of the bailiff and appeal to the court
If 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 filing relevant claims in court.
When the district or arbitration court was responsible for issuing the writ of execution, an appeal against the actions or inactions 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 appealing the actions of the bailiff was a writ of execution issued by the district court, then an administrative claim is filed.
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When the writ of execution is signed by the arbitration court, an application is submitted to declare the actions of the bailiff unlawful. In any case, appealing the actions or inaction of the bailiff does not require payment of a state fee.
Application methods
An application to the court must be made in writing. The administrative justice system allows two ways to file a private complaint:
- personally;
- through a representative (trusted person);
- by registered mail with a list of attachments;
- on the court's website on the Internet.
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When filing an electronic appeal to the Arbitration Court, the applicant is required to sign the document being sent with an enhanced electronic signature.
Is it possible to appeal the actions of the bailiff?
Like any civil servants, bailiffs intentionally, or due to their incompetence, make mistakes in their work. They may affect both the interests of the debtor and the claimant.
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In this regard, the interested party has a problem, how to appeal against unlawful actions, or, conversely, the inaction of the bailiff?
Existing legislation allows you to challenge certain steps of a bailiff in two ways.
The first is to file a complaint addressed to the contractor’s immediate superior. 10 days are allotted for its preparation and registration from the moment when citizens and enterprises became aware of the violation of their rights.
For example, you filed a request to search for the debtor’s property, but the bailiff is inactive.
If the claims are justified, then based on the results of consideration of the complaint, a resolution is issued, which will indicate what measures should be taken to restore the rights of the applicant.
However, there is a second option, in which certain actions or inactions of the bailiff can be appealed in court.
Grounds for a complaint against an FSSP employee
Failure by an official of the PCB to perform the functions assigned to him should be considered inaction. The basis for a complaint against an official of the PCB may be any fact of his failure to take measures provided by law for the timely and complete execution of a court decision. The key reason will be the lack of information about the commission of the action in the IP materials.
Note!
The fact of non-execution of a document cannot be qualified as an inaction of the bailiff if, as part of the proceedings, he took all enforcement actions and enforcement measures, but the location of the debtor or his property was not established.
Examples of inaction:
- non-seizure of the debtor’s property if the amount of debt exceeds 3 thousand rubles;
- failure to send requests to Rosreestr, traffic police, Federal Tax Service, Pension Fund to obtain information about registered property, open accounts, place of employment;
- non-application of temporary restrictions on the debtor to travel outside the Russian Federation or to use special rights;
- failure to verify the property status at the debtor’s place of residence;
- failure to put the debtor or his property on the wanted list if the amount of the debt exceeds 10 thousand rubles and other conditions for its declaration are satisfied;
- failure to inform the head of the investigative bodies about the presence of signs of a crime.
Appealing the inaction of a bailiff in court
How to file a claim against a bailiff for the court?
Regardless of the form in which the appeal to the court is taken: in the form of an administrative claim or a statement declaring the actions 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 information about the parties to the enforcement proceedings for alimony.
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 (link to the court decision, its essence, as well as details of the IL).
Next you need to set out what actions or inactions of the bailiffs are called into question. Your claims should be supported by the norms of legislation on enforcement proceedings.
In the final part of the document, you should indicate your requirements to the court, as well as a list of attachments. We should not forget about the date and signature of the applicant.
State duty
When submitting such applications, no state fee is charged. But if the plaintiff wants to draw up a claim according to all the rules, then he can contact a professional lawyer for a fee. Expenses may also be required for notarization of the power of attorney if the plaintiff's authorized representative will appear in court.
The activities of bailiffs can be easily appealed in court. You don't even need to pay legal fees to do this. As a result, the violator may be removed from service, his decision canceled, or, conversely, the SSP may be required to fully fulfill its debt collection obligations.
How to appeal the actions of a bailiff in court
When the debtor does not plan to execute a court decision or comply with the terms of another document, it is necessary to contact the SSP department at its location.
Guided by the levers provided by law, they carry out actions to restore the rights of the claimant.
Moreover, this may concern not only debt collection, but also eviction from an apartment, reinstatement at work, as well as the protection of other rights.
Rules for going to court
In order to appeal the actions of a bailiff through a judicial authority, you need to remember several rules.
It is necessary to accurately determine the court where the corresponding application should be filed; in addition, such a claim is filed according to the rules of Chapter 28 of the Code of Administrative Proceedings.
So, if a writ of execution was issued by a district court, then you need to contact the appropriate judicial authority at the location of the bailiffs.
In relation to cases considered by arbitration courts, the same rules exist with one amendment that an application to appeal the actions of bailiffs is submitted to the court that made the decision (Article 128 No. 229-FZ).
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In addition, you should not forget about the deadlines for filing the relevant application.
If it is submitted to the district court, then the relevant article is given 10 days from the moment the applicant learned of his violated rights. In relation to the arbitration process, these periods are longer and amount to 3 months.
However, in any case, the statement regarding the actions of the bailiffs does not require payment of a state fee.
Who should complain to?
Complaints must be submitted in order of seniority. Let's consider the laws of hierarchy in the government structure:
- If the decision was made by a civil servant, then the complaint is sent to the senior bailiff in the same department of the FSSP.
- If the decision of the senior bailiff does not suit you, then we complain to the chief bailiff in the subject of the Russian Federation.
- The next step is to file a complaint addressed to the chief bailiff of the Russian Federation.
Note that this is a long and tedious path. You will have to constantly send letters, wait for answers on long winter evenings, and so on. In addition, it is not a fact that they will answer you on time.
You can also file complaints with the prosecutor's office and the district court. As a rule, debtors first turn to the FSSP; the court and the prosecutor's office are perceived as extreme measures.
Contents of the administrative claim
Below we provide a sample statement regarding an appeal against the actions or inaction of a bailiff. It can be used as a basis for filing a lawsuit in any jurisdiction. So, the document begins with an indication of the court, as well as information about the claimant and the debtor.
After this, you should describe the circumstances in connection with which the writ of execution was issued (details of court decisions, as well as other information).
Next, you need to refer to the fact of opening enforcement proceedings, indicating the number and date of the relevant resolution.
The next block of the document should contain a description of what exactly the unlawfulness of the bailiff’s actions or inactions consists of. Your position in this part should be supported by the norms of legislation on enforcement proceedings.
The final part should contain a request to restore the rights violated in one way or another. In addition, documents confirming the position of one or another party may be attached to the application.
An example of an administrative claim can be downloaded below.
