A bailiff service was created to execute court orders. This body is obliged, in accordance with legislative acts, to collect debts from debtors. However, officials do not always fulfill their professional duties conscientiously and in accordance with instructions. In case of violation of rights and interests, a person has the authority to file a claim against the perpetrator. This document is intended to restore justice and punish the offender.
You can send a complaint either to the immediate supervisor of the bailiff (in the order of subordination) or to the court. You can learn about the existing features of such a claim from our material.
How to make a complaint to the prosecutor against the bailiff?
The main reason for filing a complaint with the prosecutor's office is considered to be the lack of interest on the part of an employee of the federal bailiff service in the casework that he is conducting. In other words, he does not take any action to collect debts from the defendant. This refers to different types of debts, including alimony payments for the maintenance of minor children.
Expert opinion
Makarov Evgeniy Sergeevich
Arbitration manager with more than 10 years of experience
For example, the bailiff does not try to search for the assets of the defaulter. Such violations only contribute to delaying enforcement proceedings, which is extremely disadvantageous for the claimant. And if it comes to alimony payments, then the FSPP employee may simply not transfer the writ of execution to the debtor’s employer company to deduct the required amount from his salary. This act is also contrary to the law. In this case, there is a need to contact the prosecutor's office.
The claim can also be sent to the prosecutor at the place of residence of the defaulter. But don’t rush to draw up a document, first study what legislative acts regulate the activities of the FSPP, and what exactly the enforcement officer violated.
Petition to the prosecutor's office against an enforcement officer
Below we have provided a link to a sample of such a complaint to the prosecutor's office. You can familiarize yourself with the document and file your claim using its form as a basis. So, what should be in the application?
- The name of the territorial judicial authority is indicated.
- Address of the court.
- Personal information about the applicant: last name, first name, patronymic, residential address, contact phone number.
- Begin to outline the essence of the claim with a detailed description of the trial. Indicate exactly what decision was made as a result of the case.
- Then be sure to write down the details of the writ of execution and enforcement proceedings. Do not forget to provide personal information about the bailiff.
- Explain what exactly the violation is (actions, inaction, etc.).
- To support your words, be sure to provide links to regulations. It is worth noting that they may not relate to enforcement proceedings at all.
- After references to the regulatory framework, indicate the requirements that you address to the prosecutor, provide a list of applications (if any).
- Be sure to include the date the document was drawn up and the applicant’s signature. Without this information, the prosecutor will not accept the application for consideration.
You can submit a sample complaint to the prosecutor's office about the inaction of an FSPP employee.
Period for consideration of a claim related to the inaction of an FSPP employee
After accepting a complaint, the prosecutor's office is given a certain period of time to study it. It ranges from fifteen to thirty working days. The final deadline will depend on how well-argued the facts presented in the petition are. After reviewing the claim, the complainant must provide written notice to the affected person.
If the answer does not satisfy the applicant, then you can appeal it to a higher prosecutor’s office, or complain about the action/inaction of the bailiff to the court. After studying the petition, as well as if the facts specified in it are considered substantiated, the prosecutor may make the following decisions:
- Issue an order to eliminate violations.
- Issue a resolution to bring the culprit to justice.
- Use other measures that are within the powers of the prosecutor.
Based on the above, we can conclude that the letter of complaint will definitely not go unnoticed by the prosecutor. This paperwork will be under the control of the prosecutor's office.
How a complaint about the inaction of bailiffs is considered
So, the legislation allocates from 15 to 30 days for the consideration of an application received by the prosecutor’s office regarding 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.
What should a complaint against a bailiff service officer look like?
This document must be in writing. It must contain information about the applicant, otherwise this document will not be accepted for study. Before drafting, we recommend that you study the regulations, since it is important to include references to the legislative framework in the complaint. In addition, it is important to put a signature on the application; without it, it will be returned to the applicant for revision.
You can download a complaint against a bailiff service employee by following this link
The claim can be sent to your place of residence. After accepting the document, the prosecutor will begin its detailed analysis. If all the facts are substantiated, the employee will issue an appropriate resolution.
Important! Please note that the prosecutor’s office will not be able to independently fulfill the requirements specified in the petition. This is not in her competence.
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
Features of filing a claim with the prosecutor's office
You can write a letter of complaint against an FSPP employee immediately after a citizen has discovered violations concerning his rights and interests. However, you cannot simply submit a petition. It is important to justify the text of the claim. Special actions have been created for these purposes:
- Make a complaint to the management of the offending bailiff and send it to the FSPP department.
- Write a letter of complaint to the territorial office of the Ministry of Justice. What is it for? Enforcement service employees report directly to this authorized body.
A citizen will have to spend a lot of time and effort to carry out the above actions. However, having fully fulfilled them, the prosecutor will have no reason to refuse to accept the petition, since measures have been taken to independently resolve the conflict situation.
Expert opinion
Makarov Evgeniy Sergeevich
Arbitration manager with more than 10 years of experience
For some reason, most citizens mistakenly believe that if their rights are violated, they should immediately contact the court. Let's dispel this misconception. The judicial institution is engaged in detecting unlawful actions on the part of employees of the executive service, but it cannot in any way influence the overall outcome of the paperwork. Only the prosecutor's office can take measures to influence employees of the FSPP bodies.
You can always send a complaint to the prosecutor's office. This body considers both allegations of unlawful actions on the part of employees of the enforcement service, and applications of their complete inaction.
A detailed list of cases that the prosecutor’s office is authorized to consider is set out in the third section “On the Prosecutor’s Office of the Russian Federation.”
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.
Other methods of influence
Currently, there are several methods of dealing with negligent bailiffs.
At the first stage, it is necessary to resolve the conflict pre-trial. Here you have the opportunity to personally meet with the bailiff and try to come to an agreement through peaceful means. Technical support can also help advance the process.
For example, the lender can provide a personal vehicle so that an FSPP officer can come to the address to inventory assets or carry out their seizure. If the bailiff does not make contact, then the citizen will be helped by writing a complaint to the senior bailiff. This official exercises control over the activities of the bailiff.
You can download the complaint to the senior bailiff using this link
You can complain about the inaction of an FSPP employee to the court (if he does not comply with the instructions specified in the resolution). An objection to the decision of the enforcement service employee must be sent to the district or arbitration court, which is located in the territory where the FSPP operates.
The period for filing a complaint is specified in the Law “On Enforcement Proceedings”. It is ten days from the date of discovery of violations.
Expert opinion
Makarov Evgeniy Sergeevich
Arbitration manager with more than 10 years of experience
If the deadline has been missed, it can be restored. However, this requires good reasons. Together with the complaint, you must send an application for restoration of the deadline. We recommend attaching evidence that confirms the existence of valid reasons.
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.
Submitting a claim in the order of subordination
The letter of complaint must be sent in accordance with the procedure specified in article number 123 of Federal Law 229. Let's consider this chain.
Complaint to the senior bailiff
It is submitted if the bailiff or the deputy senior bailiff has committed unlawful actions/inaction. Exceptional cases here are situations where the text of the contested resolution is previously authorized in writing by a senior official.
You can apply for a complaint in the order of subordination by following this link
Complaint letter to the regional bailiff
It is drawn up if there are complaints about the actions of a senior official. You can find out the address and contact information on the Internet by entering a specific region in the search.
Complaint to the Chief Bailiff of the Russian Federation
This official reviews complaints about the work of the regional bailiff. As well as actions or inaction on the part of the deputy chief bailiff of the Russian Federation.
Here is a complete list of subordination. If, due to various circumstances, a citizen sent a letter of complaint to the wrong address, it will be redirected to the correct department.
What should be included in the claim?
The claim must be in a specific form. If such a document is written incorrectly, problems with its further study may occur. Now we indicate the points that must be reflected in the complaint:
- Indicate the name of the FSPP service branch and its address. If the complaint is submitted to a specific official, then indicate his initials and position.
- Provide information about the applicant: last name, first name and patronymic, date and year of birth, residential address, contact information.
- Write down the details of the document that you are going to challenge: date, number, essence. Explain the reason for writing the complaint, what exactly the enforcement officer did or did not do. Give clear reasons. Indicate the position and information of the offender.
- Provide a list of demands that will restore your rights and interests. They must be certified by your signature.
You can send a letter of complaint personally (to the FSPP office), send it by mail or through online resources. You can attach copies of documentation that supports your position to your application.
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.
She offers a whole series of steps to which you can complain. So.
Complaint to the senior bailiff
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.
Reasons for refusing to consider an application
There are several reasons why a citizen may be refused to examine a claim. They are spelled out in article number 125 of Federal Law 229.
You cannot appeal a decision regarding the collection of an enforcement fee. You cannot appeal a property assessment that was carried out by an expert. You cannot challenge decisions, actions or inactions if a deadline is missed. It can be restored by sending a corresponding application. However, if the requirements are satisfied, it will be considered a right and not an obligation on the part of the official.
If the claim is not filed in accordance with the form and procedure, and also if the filing deadlines are violated, there is a high probability of refusal to accept it. To do this, carefully prepare the document. If a judicial authority has already made a decision regarding a claim, its consideration may also be cancelled.
A negative verdict must be issued in writing. This resolution can be challenged in the highest body of the FSPP.
Reasons for claims against bailiffs
Officials do not always fulfill their duties conscientiously.
If you have questions regarding the work of an employee, then first of all you need to contact your superior. Contacting the prosecutor's office is a last resort if complaints to the management of the FSSP were ignored or left without consideration. In accordance with Ch. 18 of Law No. 229-FZ of October 2, 2007, the grounds for a claim may be:
- Lack of action on the part of the bailiff regarding the execution of the court decision within 2 months.
- Violation of the rights and interests of citizens in the performance of official duties.
- Unreasonable refusal to familiarize yourself with the materials of the case of the interested person.
- Missing the deadline for execution of a court decision.
A complaint can be filed about inaction and illegal actions of a bailiff towards a citizen. If the executor of judicial proceedings does not undertake anything to search for assets, property or does not transfer the writ of execution to the accounting department of the enterprise where the debtor works, then this can be considered a violation.
Is it possible to file a complaint against a manager?
Illegal actions or inactions are not limited to bailiffs. Often their immediate supervisors are also guilty of this. There are two ways to resolve the conflict here. One of them is preparing a letter of complaint to the court authorities. But if the victim wants to solve the problem before going to court, then he can file a claim with the FSPP service department. You can also challenge the decision within ten days.
Let us remind you that you will be able to use our sample statements in the process of drawing up your claim.
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.
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.
How to write a letter of complaint against a bailiff? Algorithm of actions
Now let’s consider an algorithm of actions with which you can avoid various difficulties in the process of challenging the actions or inactions of enforcement service employees.
Stage number 1. Study of materials of enforcement proceedings.
Absolutely any citizen has the right to familiarize himself with the materials of enforcement proceedings. To receive them, you must send a corresponding application to the enforcement service department. Be sure to indicate in the text that you would like to receive copies of the documentation. At a specific time appointed by an FSPP employee, you will be able to go to the department and make copies of certificates and papers.
Stage number 2. Determination of the legal position.
After studying the records management materials, you will be able to understand where exactly the shortcomings and mistakes were made on the part of the FSPP employee. You must clearly understand what rights were violated and what needs to be done to restore them. We recommend preparing a competent conclusion.
Stage number 3. Drawing up and filing a claim.
Now you need to compose a letter of complaint correctly and in accordance with all requirements. It is important to send it to the correct address and to the correct department. You can attach photographs of the paperwork materials that you studied earlier to your application.
