At any stage, a party may apply to revoke the writ of execution. Of course, we are talking exclusively about the claimant. Or his representative if such authority is specifically provided in the power of attorney. This rule is directly established by Art. 57 of the Law on Enforcement Proceedings 02.10.2007.
In the process of executing a court decision, the parties have a wide range of powers. In particular, the claimant may stop taking compulsory enforcement actions. The only adequate response to the application to revoke the writ of execution will be the cessation of all measures. Including restrictions on the debtor’s departure and foreclosure on property. However, it will not lead to the release of the debtor from paying the enforcement fee when he has already been appointed as a bailiff.
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Application for revocation of a writ of execution
Rules of law
Under Article 123 of the Law on Enforcement Proceedings, a complaint is submitted to the senior FSSP officer of the district or locality. If offenses are recorded at this level, it should be transferred to the chief bailiff of the subject of the Russian Federation. An appeal is filed within 10 days from the date of the decision, the commission of a violation, or when the victim becomes aware of the fact of the offense. Below we will look in more detail at what situations fall under the definition of a violation and how to draw up a statement.
Application methods
An appeal against the actions of a bailiff can occur:
- Through personal contact;
- Through a representative by proxy;
- Using the Internet;
- Via postal mail.
When applying in person, the application is drawn up in writing in two copies. One copy is handed over to the official, and the second copy, marked with acceptance and dated, remains with the applicant.
By mail, a complaint against the actions of a bailiff is sent by registered mail. When it is delivered to the addressee, you will receive a corresponding notification. If documents are sent with the application, be sure to make an inventory of the attachments.
Where to complain about a bailiff for an appropriate reaction
Excessive zeal of employees is a completely standard situation. Often they commit actions that are not provided for by their official position, work regulations, or charter. In addition, the opposite situation is observed. That is, the lack of performance of official tasks. Both the first and second can be appealed without problems if the application is submitted correctly.
Violation cases are usually as follows:
- Illegal seizure of an account. This measure is implied only if the debtor refuses to make contact, evades payment, or ignores demands. Or if it is impossible to pay on time. This necessarily implies a notice, a letter of claim, a message about the stratum of enforcement proceedings. If such measures are not taken, this is a violation.
- The time limits allocated for registration of the executive order (sheet) are not taken into account.
- Often the question of who and how to complain about the work of bailiffs becomes relevant in case of unlawful seizure of property. This stage is often not the first. Plus, before this moment, an inventory must be completed, and 10 days are given for repayment after it has been completed.
- There is no security provision for seized property. It was damaged, damaged, stolen, and became unusable. The warehouses are poorly equipped and have no security.
- Direct violations of ethics. Expressed through boorish behavior. Employees are rude, insult debtors, deliberately mislead, and often even threaten financial losses and physical harm. And this is a criminal, not an administrative article. As does the use of physical force.
- Extortion of funds, bribes.
- Passive conduct of activities, evasion of responsibilities, complete refusal to satisfy demands.
Next, we will specifically analyze cases when and where you can complain about bailiffs for abuse of power, arrest, or complain about the work of the FSSP, which does not comply with regulations.
Illegal actions and inaction
These include:
- Lack of notification to the debtor that the bailiffs have begun their work. The letter is not sent.
- Continuation of the collection process if the person has given voluntary consent to repay debt obligations. Or he has already closed all payments, basically repaying the debt.
- Too large amounts of funds are withheld. 229 of the Federal Law regulates the maximum amount of deductions that is imposed on a citizen’s only source of income. This is 50%. With a larger size, it is difficult to live normally in the modern economy. A person simply does not have money left for household expenses and utility bills.
- The seized property immediately goes to the creditor. Bypassing the stage of evaluation and implementation. Thus, its true value is unknown. This means that it is impossible to calculate the amount of the repaid portion of the debt. In practice, this is an underestimation. And sometimes on a huge scale, up to 80%.
Of course, the question of where and to whom to file a complaint against bailiffs in such cases is the first thing that interests a person. After all, every day he loses a significant part of his financial resources or property, which will then be difficult to return.
Alimony
The government now considers the protection of children one of its main tasks. It is not for nothing that child benefits are constantly growing, because the country has demographic problems. Accordingly, when it comes to alimony, the maximum amount of withholding from a source of income increases. This is already 70%.
The problem here lies in the fact that bailiffs often simply ignore their duties. They don’t even try to find out where the spouse actually lives. This means that they do not have the opportunity to foreclose on his property. And who can be complained about from the bailiffs in such a development of events is a difficult question. After all, it is permissible to send a complaint both to the employee who is handling the case and to the service as a whole.
No notification
Before starting collections, the citizen must be notified about this. Inform that seizure will be applied, the property will go under the hammer. And give the opportunity for repayment after the inventory. This is exactly 10 days. But often this deadline is ignored. Officers in black uniforms simply appear on the doorstep, insisting that the time has come for confiscation. And they threaten if the debtor tries to somehow prevent them from doing this.
But an even more important question is whether it is possible to file a complaint against bailiffs if they refuse to act under the guise of not sending a notice. That is, one executor informs the creditor that another employee did not send a letter within the required period, which means that according to the law he does not have the right to carry out a seizure. This artificially extends the term, which threatens serious losses for the creditor. Of course, writing a statement in this case is not only legal, but it is also better to do it quickly. So that missed deadlines are not delayed even further.
The bailiff is not making contact
When a notice is sent, it includes all contact details of the person responsible. It turns out that if there is a violation of any kind, you just need to contact him. The problem is that the employee does not answer the phone and does not respond to calls. But the department itself does not provide any other information about him. And how to find it is not the easiest task. So it’s worth finding out who to complain to about the bailiff. Specifically, he avoids his work for some reason.
Rudeness
Employees of government agencies are obliged to communicate with citizens politely, observing all standards of decency. Insulting, addressing someone on a first-name basis, or expressing one’s own personal opinion is not allowed. What can we say about more serious offenses.
As soon as the tone of the dialogue becomes rude and polite, the employee has already violated the rules of ethical behavior specified in 118 Federal Law. This should not be tolerated, especially if it comes to direct threats. And taking advantage of the legal illiteracy of the population, bailiffs often allow themselves a lot of unnecessary things in the dialogue.
If you are a collector
If the complaint is issued on behalf of the claimant, then there are several situations that will be considered valid grounds. For example, if the applicant wants to achieve any restrictions on the debtor at the legislative level.
Question:
In what cases will a complaint or claim not be
considered and rejected? Answer:
In accordance with current legislation, there are several grounds for refusal:
- the complaint is not properly filed;
- judicial review and rendering of a verdict in a similar case;
- filing a complaint or claim against a person who is not an official or does not have sufficient authority.
In case of refusal, a letter is drawn up indicating for what reasons the consideration was refused. A copy of this letter is sent to the applicant.
When making such a claim, you must specify your requirements:
- forced collection of debts, debiting from a bank account or deduction from wages;
- seizure of movable or immovable property;
- ban on traveling outside the country.
The latter is possible if the debtor does not comply with court orders and does not repay the debt.
In this case, the amount of the debt obligation will also be taken into account:
- standard debt obligations do not exceed 30,000 rubles;
- alimony debts – no more than 10,000 rubles;
- for non-property claims no more than 10,000 rubles.
How to file a claim against a bailiff
The procedure and submission of the application, no matter in what form it is submitted, no matter what authority it is sent to, is regulated by the Civil Code of the Russian Federation. And in all variants there are two methods. The first is in person. That is, you need to come to the territorial office. The second is remote. But here the variability is huge. Moreover, the Internet is now actively used for any communications with government agencies. Let's see where and to whom you can write a complaint against bailiffs. And more importantly, in what form is this permissible?
Personally
Having collected documents, evidence, and taking our passport, we go to the territorial office. We need to know the employee's first and last name so that we can file a claim against him personally. You should contact the department head strictly. But if he wrongfully refused you, did not consider the grounds sufficient, it is always permissible to go further through the authorities. Contact the head of the regional office, the head of the FSSP in the subject, and so on. As practice shows, the principle of nepotism often operates locally in the department. But if you go a little further, the negligent employee will be punished without any problems. The main thing is to clearly know who to write a complaint against when complaining about bailiffs.
By phone or mail
The call should be made directly to the number of the department for organizing enforcement proceedings. Sending a letter is also acceptable. Addresses and telephone numbers are easy to find online. On the official website of the FSSP, you need to select the territorial office that deals with your case.
Through your personal account
There is an opportunity for registration on the official website of the service. And an authorized account results in a certain list of services that are activated through your personal account. To do this, you will have to enter your data and also wait for the administrator’s approval.
An excellent option where to send a complaint against bailiffs if a person does not have too much free time.
Through the Internet
There is also a general form for submitting a claim. To do this, you will also have to go to the official website of the service and fill out a certain virtual application. You must indicate your full name, as well as the specific employee who is violating his official duties. Next, in free form, you must describe the essence of the problem, indicate specific types of violations, and attach electronic copies of documents that serve as evidence. For example, a receipt that financial funds were transferred to the account of the FSSP or the creditor as payment of the debt.
Where to write and file a complaint against a bailiff
Now the time has come to look at specific authorities, organizations, and government agencies that can help us. It is worth understanding that the FSSP reports directly to the Ministry of Justice. But in cases of violation of the law, and not just failure to fulfill duties, a person can also defend his rights and freedoms. This means that law enforcement agencies are automatically on our side. These are the police, the prosecutor's office, the courts. It is important to understand in case of specific violations the appropriate authority should be selected.
In principle, it is logical to go to the prosecutor if the employee’s direct superiors do not react properly. And we turn to the police as a last resort. When a criminal offense occurred. Death threats, violent acts, beatings, harm to health, intentional damage to property, etc. These are all criminal articles, and it makes no difference who committed the crime, an ordinary citizen or an employee in the performance of his official duties.
Therefore, if bailiffs violate the limits of their powers, where to complain about them depends on the degree of their misconduct.
Contacting higher management
Contact the senior SP directly. And most often, this is a very effective measure. After all, it is within his competence to cancel all decisions made by his subordinate in circumvention of existing legislative norms. He also personally imposes various types of sanctions on him, which depend on the severity of the act. In fact, higher management may also ignore the appeal. In this case, you should proceed in a chain according to the given diagram.
The logic of calls in the absence of a corresponding reaction or response.
But, as practice shows, sometimes bosses are not in the mood to scold their subordinates. Even more, they try to cover them. After all, to some extent, their misdeeds are reflected in the track record of their leaders.
Let's see where to complain about bailiffs in this case.
Appeals to the prosecutor's office
Actually, the prosecutor's office supervises the work of bailiffs. But only to a small extent, which is associated with criminal proceedings. However, the prosecutor has legal grounds to consider a citizen’s application if the official refuses to fulfill his duties. In this case, the case often goes to court. This means that it will not be possible to get rid of it by simply canceling the decisions. The employee will bear full responsibility. And with a high degree of probability they will be dismissed from service.
Submitting an application through the State Services portal
An excellent opportunity to quickly resolve the issue without leaving home. Now every citizen has it. But to implement it, you need to create a personal profile on the State Services website, as well as obtain an electronic signature. Of course, if you haven’t had it before.
Appeal to the district court
An option to speed up the processing of the application if it will be submitted anyway. That is, bypass the stage of consideration by the prosecutor. Of course, there are some nuances here. The prosecutor is quite capable of independently imposing sanctions without initiating legal proceedings. If there was no corpus delicti. And once you apply yourself, there is no turning back.
Consideration of the grounds occurs within 10 days. In some form, this is the highest authority where you can complain about the work of the joint venture. It is most logical to use it in the form of a final argument. When alternative methods no longer bring results. There are two reasons for this. The first is long deadlines. It is possible that the issue cannot be resolved in one meeting. And sometimes it takes two. And wandering around the courts for a month is not pleasant. And the debt does not disappear anywhere, and the unlawful decisions of the joint venture remain effective until a verdict is rendered.
Secondly, the case can be lost. Then the situation will be even worse, because legal costs will fall on the shoulders of the plaintiff. And if there is already a large debt in enforcement proceedings, there will be no money left at all.
Appeal through the prosecutor's office
This is a more effective way to protect your interests. The complaint will be considered within 30 days. The prosecutor conducts a full investigation and makes one of the following decisions:
- Issues a warning about the inadmissibility of violations of law;
- Cancels illegal decisions;
- Provides an idea to correct the violation.
The prosecutor's demands are mandatory, so violated rights will be restored within 30 days. In addition, disciplinary measures may be applied to the bailiff. If the bailiffs cannot collect the debt for a long time, the applicant has the right to go to court.
