Application to bailiffs on a writ of execution

Failure to pay any type of debt often results in a lawsuit. Moreover, it is necessary not only to win the trial, but also to recover the amount due from the defendant. According to statistics, the latter rarely do this on a voluntary basis. The plaintiff’s submission of a writ of execution to the Bailiff Service (FSSP) will help to finally resolve the material conflict. In rare situations, the judicial authority does this on its own.

general information

After the trial, the losing party, based on the writ of execution, is obliged to cover its debt or take other actions.

This happens in the following cases:

for alimony - an appeal is written by a mother who is raising children alone;
bank employees may demand coverage of credit debts, penalties or fines;
the desire, for some reason, to establish where a person is (for example, parents are looking for a child);
if necessary, forcibly evict or vice versa when illegally evicted from one’s own home;
citizens illegally dismissed from work or due to arrears of payment for their work;
simple monetary debt.

Sample documents for submitting appeals https://r74.fssprus.ru/obrazec_zajavlenija_o_prinjatii_ispolnitelnogo_dokumenta/
You can’t count such questions. And in case of refusal to voluntarily resolve the issue, you will need to submit an application for forced execution of the writ of execution. The court, or more often the plaintiff himself, applies to the federal service with a writ of execution, which is issued on the basis of a judge’s decision.

How is an application to cancel a card seizure processed?

The bailiff reviews the application within 10 days and must make a definite decision. It is sent to the bank. If you are denied unlocking, you can complain to a higher-ranking bailiff or go directly to court.

An application for consideration by the court must be submitted within 10 days from the date of the decision. In the document, in addition to the basic data, we indicate:

about the fact of the appeal, if you appealed to a higher bailiff;
petition if you missed the appeal deadline for valid reasons.

In this case, you will not have to pay state duty. The court also considers the application within 10 days.

Writing an appropriate petition can significantly speed up the execution of the claim. The main thing is to submit all documents according to established standards. How to write a letter to the bailiffs on a writ of execution? The established pattern should be followed.

Sample application to bailiffs for a writ of execution

On the official website of the FSSP in Russia you can use application forms for bailiffs. Here you will find all the necessary information, including where exactly to submit the completed form. The bailiff service operates in every city or its region. And on their website there is a whole list with contact information.

Sample for revocation of a letter of execution

The main ways to submit applications to the FSSP

Submitting an application to the FSSP can be done in one of the following ways:

Personal visit to a bailiff service establishment.
Using an online service.
Phone call.
Using the Internet reception.

Personally

To submit an application to the FSSP through a personal visit to a government agency, you first need to make an appointment. To do this, you can call the FSSP unit that you plan to visit and book a date and time for your appointment. You can also come to the institution, approach the informant and take an appointment ticket. An alternative option is to use a special terminal that issues coupons.

Through the Internet reception

To submit an electronic appeal to bailiffs via the Internet reception, use the following algorithm:

Go to the official website of the bailiffs.
Go to the “Appeals” section.
Selecting the “Internet reception” item.
Pressing the “Acquainted” button.
Filling out the form. It includes the following lines:

FULL NAME;
region of residence;
locality;
registration address;
e-mail;
phone number;
type of appeal (complaint, proposal, petition, gratitude);
name of the FSSP institution to which the application is submitted;
Full name of the bailiff to whom the appeal is addressed (optional);
text.

You will also need to indicate the subject of the letter. The following options are available:

on the ban on travel outside the borders of Russia;
about the unlawful execution of court decisions that are related to the seizure of the debtor’s property;
information about the criminal act being prepared;
a case of corruption;
misconduct of bailiffs;
gratitude to the employees of the bailiff service;
legal assistance and explanation of legislative acts that relate to the execution of court decisions;
other general issues that require detailed consideration of the text of the letter;
a request for information in the form of an open data set.

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You can attach files to the text, for example, scanned documents.

Acceptance of the terms of use of the Internet reception.
Entering captcha.
Click on the “Submit Appeal” button.

Send an appeal to the bailiffs via the online reception Before sending a letter, you should familiarize yourself with the procedure for receiving and considering appeals:

Appeals submitted through the Internet reception are registered within three days after receipt by the FSSP.
If the main topic of the letter is not related to the work of the FSSP, it is forwarded to the body authorized to resolve relevant issues within seven days after registration.
Appeals against court decisions are sent back to the citizen within seven days, and FSSP employees supplement them with explanations of how the court decision can be appealed.
If a letter contains insults, obscenities, or threats, FSSP employees do not consider it.

Each method of sending a letter to the FSSP or making an appointment has its own pros and cons:

Personal visit . A citizen needs to spend his time registering with the FSSP institution and visiting it. However, this method of submitting an appeal does not require the use of additional technical means.
Government services portal . One of the advantages of this method is the convenience of receiving services. The disadvantage is the small number of available services related to the FSSP.
Phone call . This is a rather unreliable method, since it is difficult to reach the FSSP.
Fax . The method is suitable for legal entities, since ordinary citizens are unlikely to have a fax machine in their apartment.
Postal Service . When using this method, you need to add to the deadline for reviewing the letter the time it takes for it to reach the FSSP.
Internet reception . The best of the listed options, since the letter is sent instantly. The downside is the need to have a computer/phone with an Internet connection. Today, this drawback can be ignored, since almost everyone has a PC or laptop.

Remember! To achieve repayment of debt from a “problem” debtor, it is possible only with the help of bailiffs. It is far from a fact that after the trial the debtor will immediately begin to repay the debt. In this case, you need to contact the FSSP.

By phone, fax and mail

You can write an appeal to the FSSP or find out the appointment schedule by calling 8-800-250-3932. There is no need to pay for the call, as this is a 24-hour hotline. You can also use a fax. The fax number to which requests should be sent is 8-495-870-69-99.

Address for sending appeals via the postal service: 107996, Moscow, Kuznetsky Most street, building 16/5, building 1. In addition, appeals can be sent to the address: 107996, Moscow, Gazetny Lane, building 7, building 1.

How to apply online

The unified portal “State Services” is an online resource that was created to provide citizens with reference and information information about certain government services. It is also possible on the site to submit an application for various documents, complaints, etc. The resource allows the public to receive a response to a request online. Sometimes the service is called “electronic government”.

Filing a complaint against a bailiff through Gosuslugi is carried out in accordance with the current regulations for pre-trial appeal of public services. This action is not difficult to perform. The algorithm of actions is as follows:

Log in to the portal using your username and password.
Go to the “Pre-trial appeal” section.
Select the service or document that the user wanted to receive.
Indicate the date of receipt of the service and the institution where the user applied, and also find it on the map.
Indicate the reason for submitting the application and provide explanations (if necessary). You can also attach explanatory materials: photographs, video and audio recordings, etc.
State your requirements, that is, explain what the user wants to get in the end.
Check all entered data for correctness, indicate the desired method of receiving a response and click on the “Submit” button.

An electronic complaint will be considered within 15 working days from the date of its submission. After this, the citizen will be sent a response letter.

It is important to know: Internet services do not allow the user to challenge the actions of the bailiff, since in this case the procedure for personal appeal and signature in the FSSP is not followed.

Step-by-step instructions on how to write a letter to bailiffs through State Services

The timing of provision depends primarily on what kind of service is provided. The time frame for receiving electronic services is much faster than through registration with an authorized body. In order to submit any application or complaint to bailiffs through the portal, you need to follow a few simple steps.

Step 1. First, a citizen must log in to the system. To do this, you need to go to your personal account from the main page of the site.

After this, a window will open where you will need to indicate your mobile phone number or SNILS number. If a citizen is not registered in the system, then it is necessary to confirm entry using a one-time code that will be sent to the specified mobile phone.

Step 2. In order to simplify the procedure, it is recommended to use the search bar. To search, you need to enter the phrase “Bailiffs”. In the search results, select the “Services” section. This category will list all possible services provided in the citizen’s region.

Step 3. The service catalog contains many options for users. From the list presented, you must select the reason for which the citizen planned to contact the bailiffs.

If the required item is missing, you can try to find it through the search bar. If this does not bring the desired result, then it means that the requested service is not available in this subject.

Step 4. After the required service is selected, you need to click on the “Get service” button.

Step 5. Further actions depend on the reason for which the citizen applies to the bailiffs. If regarding debt issues, then the debt can be found either by personal data or by receipt number. Each service is provided with its own form, the fields of which are labeled in detail, what exactly needs to be indicated.

If a citizen turns to the bailiffs, then in this case you can write a letter either on the official website or through the e-mail of the bailiffs in the region. The State Services portal does not provide a form for writing a letter.

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Complaint through the official website of the FSSP

To submit an application to the FSSP online reception, it is not necessary to register on the department’s website; it is enough to fill out the electronic application form. On the official website of the FSSP, scroll down the page a little and enter the online reception to fill out an electronic application.

The submitted complaint form should include the following information:

Full name, place of registration;
type and topic of appeal;
structural unit of the service at the location of the conflict;
Full name of the addressee - an official in the order of subordination;
The essence of the problem is to briefly list the facts indicating the unauthorized actions of the bailiff and describe your requirements.

Important! You can attach files up to 5 MB to your application. If you need to attach larger files, you should leave the complaint in person at the FSSP department.

Correct design

The law of Russia in 2021 established the form of such paper. And it is precisely this that should be filled out in printed form, not in writing.

Fill out the header in the upper right corner. We write down the full name of the service to which we are submitting the document. Last name, first name and patronymic of the head of this institution. Next, we indicate the full details of the person submitting the application. If it is from an individual: last name, first name, patronymic, registration, telephone number and bank account. If the application is from a legal entity: the name of the organization, in full, which it represents, registration number, current addresses of the company.

Next comes the text. In the middle of the sheet we write the word “Statement”. And its text. Here we enter information about the writ of execution issued by the court: its number and date. All possible information for contacting the defendant, his addresses, accounts, telephone numbers, etc. We describe the reason for filing the document, including the amount of the debt. It is worth indicating a list of attached documents.

This paper is accepted on the same day it is submitted. It is recorded in the log of received correspondence.

Application for issuance of a duplicate writ of execution
The above-mentioned papers are written in the same way.

How do you spell

Federal Law No. 229 (Article 124) defines the form, content and procedure for filing a complaint against bailiffs.

The application must include the following information:

contacts of the bailiff for whom the application is being submitted;
contact details of the applicant, including his registration address;
reasons for writing a complaint;
essence of the issue (requirements must be formulated clearly and understandably).

In this case, you need to check the text for errors. Corrections in the written version of the application are not allowed. The text should be written in a business style. The applicant should avoid ambiguous phrases and avoid incorrect expressions.

Thus, filing a complaint against the bailiff through Gosuslugi is the fastest and most convenient option to challenge the actions of the bailiff. In this case, the user will be sent an official response in the desired form (on paper or electronically) and in the preferred method (by mail, personal receipt at a government agency, to an email address).

Sample application

The form and content of the complaint against the bailiff are determined by Article 124 of Federal Law No. 229. This rule of law refers to filing an application in the order of subordination to an official of the FSSP. However, it is advisable to adhere to these recommendations when submitting an appeal on a given topic to other government bodies.

Structurally, the application must contain the following parts:

Form header. In the upper right part of the sheet it is indicated:
name of the authority to which the application is submitted;
position and full name of the addressee;
details of the citizen submitting the application.
Main part. After the word “Statement” you should briefly indicate the essence of the complaint, list the rights violated and outline the requirements. It is necessary to note the number of the enforcement proceedings and the full name of the bailiff.
Date of filing and signature of the citizen submitting the application. If a representative makes a complaint, you must attach documents confirming the authority of the third party. Most often, a notarized power of attorney is used.
List of attached documents confirming the circumstances described in the appeal.

When filing a complaint you should:

adhere to a business style. You must not use offensive language;
check the legal literacy of the text. The appeal must contain specifics about the rights violated and the demands made.

The law defines the maximum period for consideration of any appeal - 30 days. During this time, the citizen is sent the result of the consideration of the claim. If the complaint is satisfied, the bailiff will be punished under administrative or criminal liability (depending on the offense). In this case, the applicant can count on compensation for moral damage and legal costs.

Procedure

After writing the application, the senior bailiff should make copies. And personally submit them to the government agency. Or send by registered mail with return receipt requested. This notification should be kept, as it will serve as evidence of contacting this authority. You will need two copies. The first is that it is stamped with a federal service stamp with the date and registration number. Over the course of three days, the appointment of the bailiff who will be the executor takes place.

Do not forget to notify the civil service of any changes: contact information or if additional intervention is unnecessary.

Application for repayment of debt of a legal entity

Application for issuance of a writ of execution

Application for amendments to the legal entity. face in state debt registry

Application for issuance of a duplicate to the state register of a legal entity

Application for exclusion of information about legal entities. person from the state register for debt recovery

Deadlines for fulfilling requirements for obtaining information

The official has 10 days to consider applications. This period is calculated from the moment the document is transferred. It does not include weekends and holidays. In some cases, the time may be extended, but not more than 30 days. Registration of a claim is carried out one day in advance.

Articles:

Familiarization with the materials of enforcement proceedings: sample application for familiarization

Search and verification of enforcement proceedings by last name, by case number

Separately about alimony

Letter to the bailiffs on a writ of execution for the collection of alimony. With
this appeal, you can demand that the debtor write off the debt to pay for minor children from wages every month. In the case where the amount of the write-off is very high, the debtor has the right to appeal it. He will need to address this issue to the Federal Service and present his reasons. You may also need a petition, on one side or the other, which should be sent to the head of the bailiff service. The civil service will consider the issue and take it into account.

When is an application required?

Sometimes the plaintiff does not know how to submit a writ of execution to the bailiffs. A citizen must apply to the FSSP if necessary:

Forcibly seize the debtor's property.
Oblige the evader to pay cash.
Locate a person.
Etc. according to the executive document.

Typically, the following groups of persons act as collectors in these cases:

Banking industry employees (if the borrower does not pay the principal debt, fines or penalties on it).
Women who are divorced and have young children in their care (if the ex-husband does not provide financial assistance in the form of alimony).
Individuals (when it is necessary to search for a child).
Citizens who were illegally evicted from their occupied area (in order to be forced to resettle them back).
Workers whose contract was terminated without legal grounds.

In the latter case, the bailiff may request the applicant's autobiography and attach it to the materials available in the case.

Illegal actions of the bailiff

If there really was unauthorized behavior by the executor, the debtor has all the rights to appeal his behavior. There is also a specialized form for expressing your complaints.

Sample complaint about the bailiff's inaction
Sample complaint about the bailiff's inaction in Word

This complaint will be reviewed and an investigation will be conducted. If the rights were truly violated by the bailiff, he will be removed.

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Grounds for termination of enforcement proceedings

In Art. 43 Federal Law dated 02.10.2007 N 229-FZ “On Enforcement Proceedings” describes in detail the grounds, and most importantly where to go: to the court or directly to the bailiff .

Proceedings in the case can be completed by the FSSP officer by whom it was opened:

adoption by the court of a decision to terminate the execution of a previously issued writ of execution (court order, writ of execution);
if the court accepted the claimant’s refusal to collect;
settlement agreement between the parties to the case and enforcement proceedings;
cancellation of the judicial act on the basis of which the court order was issued (for more information about the cancellation of a default judgment, follow the link);
invalidation of the writ of execution or its cancellation;
exclusion of the legal entity of the creditor or debtor from the Unified State Register of Legal Entities;
termination of the obligation to pay alimony (for example, in the case of emancipation, adoption, etc.);
recognition of the debt amount as uncollectible in favor of the budget;

An application to terminate enforcement proceedings is submitted to the court in the following cases:

death of the debtor (collector);
recognition of the claimant as missing;
absence of a person acting as a legal successor;
impossibility of execution of the document;
refusal by the claimant of the thing that was seized from the debtor on the basis of the relevant document.

IMPORTANT : read all the reasons for termination of enforcement proceedings by a bailiff or court using the link on the main part of the site