How to write a complaint to the prosecutor's office about the inaction of a bailiff?

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Published: 10/14/2021

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A complaint against the bailiff service according to the sample is a document required for filing with the regulatory authorities. Claims are filed in case of violation of civil rights by authorized persons. Also, a complaint is made if there is a fact of inaction. This opportunity allows not only to renew violated legitimate interests, but also draws attention to the work of the subject.

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This article contains information on how to complain about bailiffs and where to file a claim.

In addition, visitors to the portal will be able to download a sample complaint from an individual and receive a free consultation from a site lawyer.

Algorithm of actions of the FSSP when collecting debt.

• 1 Tools of influence on the debtor
• 2 Legitimate reasons for filing a complaint
• 3 How do you file a complaint against a bailiff?
• 4 Format and essence of a claim against a bailiff
• 5 Results and terms of consideration of the claim
• 6 The portal’s lawyers recommend

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:

1. Lack of action on the part of the bailiff regarding the execution of the court decision within 2 months.
2. Violation of the rights and interests of citizens in the performance of official duties.
3. Unreasonable refusal to familiarize yourself with the materials of the case of the interested person.
4. 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.

Activities of the FSSP

The actions of FSSP employees are regulated by Federal Laws No. 118-FZ and No. 229 FZ. The legislation clearly defines the rights, responsibilities and powers of service specialists, and also establishes the maximum period within which a court decision must be put into effect.

The main powers of bailiffs include:

1. Search for defaulters.
2. Involvement of law enforcement agencies in the search.
3. Drawing up requests for funds and property of the debtor.
4. Seizure of the defaulter's accounts and write-off of funds from them in favor of the creditor.

An expanded list of measures of influence on the debtor is provided for the work of bailiffs (Bailiffs) in enforcement cases on alimony. If a citizen evading payment of alimony works officially, then the executor contacts directly the accounting department of the enterprise. The accountant, in accordance with the instructions of the FSSP specialist, is obliged to forcibly transfer part of the salary to pay off the debt.

The claimant in whose interests the SPI operates has the right to receive information about the interim results of work on his case. Close cooperation of all interested parties leads to the desired results faster than appealing against the actions and inactions of performers through the authorities.

It is necessary to complain against a bailiff if he avoids direct interaction with citizens, as well as in the case of a high workload of a bailiff, which prevents him from devoting sufficient attention and time to a specific case.

A complaint against the actions of a bailiff can be filed if the specialist did not perform the necessary actions in the applicant’s case or performed them partially, as well as if errors or violations are discovered in his work. Unlawful actions of a FSSP specialist may violate the rights of both parties to enforcement proceedings: the debtor and the claimant.

You can file a complaint for the following reasons:

1. In the event of unlawful actions that led to a violation of the rights of the debtor (for example, rough treatment of the defaulter, the use of coercive measures without providing the opportunity for voluntary cooperation).
2. On the inactivity of the bailiff for a long time.
3. To the refusal to provide information about the work done on the applicant’s case.
4. If measures are taken after the expiration of the period established for enforcement proceedings.

Ways to file a complaint

The petition is submitted to the prosecutor's office of the district where the FSSP is located.
A complaint can be submitted in several ways:

• personal visit to a government agency;
• via registered mail;
• in electronic form on the website of the prosecutor's office.

Reference!
From the website of the government agency, you can go to the Internet reception of the department that is competent to consider the violation. The procedure for citizens' appeals is regulated by Law No. 59-FZ of May 2, 2006. Officials will consider a complaint only if it was ignored by the head of the FSSP. In Law No. 118-FZ Art. 19 states that the prosecutor's office is the supervisory authority over the activities of bailiffs.

Situations in which a person may be denied claims

The reasons leading to the occurrence of such circumstances may vary significantly. They are listed in Article 125 of the Federal Law “On Enforcement Proceedings”. Thus, a person does not have the right to appeal a decision regarding the collection of an enforcement fee from the debtor. Additionally, it will not be possible to challenge the results of an expert assessment of property values.

Please note: If the deadline is missed, the complaint may not be considered. It is permissible to restore the period. The decision is made by the senior executor. He has the right to consider the application. A negative answer is given if the person did not follow the rules for drawing up the paper and did not take into account the specifics of its direction.

Therefore, it is important to approach preparation as competently as possible. If the issues raised in the complaint have previously been considered in court, a second decision will not be possible. Based on the decision made regarding the application to the bailiff, a decision is made. A citizen has the right to challenge it by appealing to higher authorities.

How to compose a document

A complaint against an FSSP employee has the following structure:

• name of the prosecutor's office;
• information about the applicant;
• information about the writ of execution, its details;
• information about the bailiff conducting the proceedings;
• a brief description of rights violations, official inaction and other violations;
• applicant's requirements;
• list of attached documents.

A claim for alimony (sample) is drawn up in a similar way. It is recommended that the complaint include references to the legislative acts that were violated by the official. The document is written in official style. Its content should be free of swearing, profanity and emotional overtones. The application must be written in clear and legible handwriting. At the end there is a date and signature.

In the petition, you can ask to establish the illegality of the bailiff’s actions. But to force an official to perform his duties in the department of his head or the court.

Download a sample complaint to the prosecutor's office against a bailiff

How to write and submit a complaint

To be sure that the filed complaint against the bailiff did not remain unattended and will not be returned, it is important to formalize it correctly. Even using the sample established by the FSSP service itself, applicants often make critical mistakes, which leads to refusal of consideration.

The document must indicate:

• name of the body or service to which the complaint is filed;
• information about the applicant and his contacts for feedback;
• Full name and position of the FSSP employee whose actions (inaction) are being appealed;
• the very essence of the complaint with facts, but assessments of actions - leave them to the competent authorities and their employees;
• date of document preparation and signature of the applicant.

The statement is written in official language, without speculation, colloquial expressions and emotional turns. In addition, information must be reflected accurately, objectively, with references to dates and evidence.

Frequent reasons for refusal to accept a complaint are numerous errors, lack of meaningful information, a lot of conjectures and assumptions not supported by specific facts, and errors when filling out details.

How quickly and successfully you achieve your goal depends on the correctness of the document. If there are doubts about the ability to correctly draw up a complaint, then it is better to entrust this to lawyers.

Procedure for contacting the department

If the application is submitted during a personal reception, then two copies are required.
One of them is left in the office, the other is returned to the applicant. The second copy contains the number of incoming correspondence. On the official website of the department there is an online reception, through which you can submit a petition against the bailiff’s inaction in collecting alimony or for other reasons. On the web resource of the Prosecutor General's Office, it is necessary to indicate the region of residence so that the user is redirected to the page of the prosecutor's office of the constituent entity of the Russian Federation.

In the electronic form, you must write information about the applicant and select a department of the government agency. Next, a message is written outlining the essence of the complaint. Documents confirming violations by the bailiff are attached to the complaint electronically. Their size should not exceed 5 MB. It is allowed to attach images, videos, audio files, text documents, etc.

Attention! Before sending a message, the applicant must indicate how he wants to receive a response, via registered mail to the specified residential address or email.

Copies of documents confirming the improper performance of duties by the bailiff are attached to the complaint.

Among them are:

• applicant's passport;
• resolution to initiate enforcement proceedings;
• application to place the debtor on the wanted list (if the case concerns non-payment of alimony);
• description of applications.

The complaint must be accompanied by a petition, which was sent to the senior bailiff or the head of the FSSP. When sending a response, civil servants return all documents and their copies received with the application. Attachments sent electronically are not attached to the decision of the prosecutor's office.

Instruments of influence on the debtor

The result of the bailiff's activities is the collection of debt, according to the writ of execution. Based on the Legislation of the Russian Federation, the period allotted for these actions is 2 months. However, practice shows that this period is repeatedly extended.

Methods of influence on the debtor by the bailiff are:

1. A request regarding financial funds from a debtor in a bank account. You can also make a request about the level of wages at the place of work.
2. Seizure, incl. for securities, deposits, etc.
3. Search for the debtor if his address of residence or location remains unknown.
4. During investigative measures, the bailiff has the right to involve police officers and other law enforcement agencies.

These tools must be used within the framework of applicable laws. The purpose of such events is to collect the debt. If an FSSP employee incorrectly performs his duties or there is a fact of inaction in enforcement proceedings, then a complaint is filed.

The performers themselves comment on their inaction as high workload, turnover and lack of personnel. In view of this, the applicant is recommended to independently monitor the collection process by the bailiff. And if violations are detected, contact the chief bailiff for the department.

Watch the video: “What the bailiff confiscates from the debtor. Rights and obligations of the bailiff."

Procedure for considering a complaint

After the prosecutor’s office receives a complaint against a bailiff who negligently performs his duties, a government employee must consider it within 30 days.
The procedure includes the following steps:

• checking the materials of enforcement proceedings, measures taken by the bailiff;
• making a decision;
• notification to the applicant of the results.

Based on the inspection, the following decisions can be made:

• violations of the law during enforcement proceedings by the bailiff or their absence;
• bringing an official to justice (disciplinary action);
• an order to eliminate identified violations.

If the application is submitted directly to the prosecutor's office, bypassing higher authorities, then the prosecutor can forward it to the senior bailiff. The official is obliged to consider the appeal and take action on it within 10 days. The applicant is notified in writing that the complaint has been forwarded to another agency whose authority is to resolve the problem. The citizen is informed about the measures taken by the head of the FSSP within 3 days after the decision is made. Based on the order of the prosecutor's office, violations must be eliminated. This should be monitored by a senior bailiff or judicial authorities.

Lawyer for filing a complaint against a bailiff in Yekaterinburg

There are many options for bailiffs to act outside the legal framework, but all of them can be challenged in court. The entire outcome of the case often depends on how to write a complaint against the bailiff for inaction or, on the contrary, which official to submit for consideration and how timely to take this step, so it is important to find out some of the costs and tricks of communicating with executive authorities.

Our lawyer for enforcement proceedings: will cope with your task professionally and on time!!!

IMPORTANT: treating a complaint professionally and substantiating it with a sample will not help, so call our lawyer, then your problem will begin to be resolved at a different, highly qualified legal level.

Refusal to accept a complaint

In accordance with Art. 125 of Law No. 229-FZ, a senior bailiff may refuse to consider an application in the following situations:

• the decision to collect the enforcement fee is being challenged;
• the results of a property assessment carried out by an expert are appealed;
• a court decision was made on a similar claim;
• deadlines for filing a complaint have been missed.

The decision to refuse to consider the claim is made within 3 days after receipt of the petition. The applicant is informed about this in writing.

A representative of the prosecutor's office will not consider a complaint if it violates the provisions of the Instructions approved by Order of the Prosecutor General's Office No. 45 of January 30, 2013.

The grounds for refusal are as follows:

• there is no applicant data (anonymous electronic applications are not considered);
• the petition contains incomplete information to consider the circumstances of the case;
• the text is written in illegible handwriting;
• The document contains obscene language and swearing.

The applicant is notified that the application will not be considered within 7 days after its acceptance. If the document lacks information, the prosecutor's office will ask you to supplement it with the missing information.

Most often, officials are contacted if bailiffs perform their duties in collecting alimony in bad faith. A complaint about inaction should initially be sent to the senior management of the FSSP employee. The prosecutor's office will only accept an appeal if the complaint to the senior bailiff has not yielded any result. The most convenient way to file a claim is considered to be the online reception on the government agency’s website. When filling out the form, you must provide your personal information and e-mail to receive a response, otherwise your request will not be considered.

What to do if the bailiff is inactive

Intentional inaction of bailiffs, as well as their unlawful actions in ensuring the legal progress of enforcement proceedings, are quite common cases.

The reasons are different:

• high workload - the employee does not physically have time to carry out debt collection activities;
• neglect of one's official duties;
• entering into an agreement with the debtor;
• lack of experience or inadequacy for the position held.

Depending on the reason for inaction, it is worth choosing a further scheme of influence on the employee. If enforcement proceedings are slowed down intentionally or due to negligence, it is pointless to contact an FSSP employee - you have to put pressure on him through management or regulatory authorities.

But if the reason is the employee’s high workload, then initially it is not worth spoiling the relationship with him: it is likely that the problem can be solved peacefully by making an appointment with an employee of the FSSP service and personally putting forward all the complaints to him.

Sample complaint

A ready-made sample complaint against bailiffs has been published on the FSSP online pages. It is this sample that is recommended to be followed when preparing documents. Depending on the specific violations and the specifics of the case, the standard complaint can be supplemented or changed - the main thing is that its execution complies with the standards defined by Article 124 of Federal Law No. 229.

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Where to contact

According to legal requirements, a complaint must be submitted orally, electronically or in writing.

Before filing a complaint, it is worth talking with the bailiff leading your enforcement proceedings to find out the reason for his inaction. You can make an appointment for a personal appointment here. Due to coronavirus, admissions have been suspended.

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If communication with the FSSP employee did not produce any results, then you can complain:

1. Senior bailiff

   . This is the local chief of the bailiffs and the direct supervisor of the bailiff, located in the same department of the FSSP - that is, the complaint is submitted to the office addressed to the senior court. Bailiff.

2. Chief Bailiff

   to the territorial department of the FSSP (list here), located in the regional center. A civil servant in this position supervises the work of all regional divisions and the employees working in them.

3. To the Prosecutor's Office of the Russian Federation

   . The actions of the prosecutor's office in considering the complaint directly depend on the severity of the violation committed by the employee. As a rule, the prosecutor's office simply redirects your complaint to the territorial department of the executive service for further internal proceedings.

   But if the violation is serious (for example, it raises suspicions of receiving a bribe and the bailiff entering into a conspiracy with the debtor or collector), and has signs of a crime, a criminal case and investigation will be initiated by prosecutors.

4. To local courts of general jurisdiction

   . This is a method for individuals; a complaint is filed at the place where the employee performs his duties.

5. To the arbitration court

   . The right to file arbitration proceedings against bailiffs is vested exclusively in organizations and individual entrepreneurs related to the subject of collection.

6. By phone:

First, you should complain via the hotline and write to the bailiffs online (how to do this will be described in detail below), or contact the employee’s management. When this does not bring the desired results, then continue to contact other structures in an ascending manner. Litigation should be resorted to as a last resort - when you reasonably prove to the court that an out-of-court resolution of the dispute did not bring the desired effect.

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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).