What to do and where to go if the bailiff is inactive?

1. Send inquiries to banks about the availability of the debtor's accounts and, if found, send orders to write off funds.
2. Send requests to the Pension Fund of the Russian Federation, the State Traffic Safety Inspectorate, the Federal Tax Service, the Federal Migration Service, the Pension Fund of the Russian Federation, Rosreestr and, depending on the content of the responses received, take measures to seize the discovered property, send a resolution to the debtor’s place of work to withhold funds from wages (for debtors - citizens ) etc.
3. Visit the debtor at the address indicated in the writ of execution, drawing up the appropriate act, and if property is discovered, seize it.

Again, it is worth recalling that this is the minimum that a specialist should do. A diligent bailiff, in addition to what we have stated above, must also seize the debtor’s property, evaluate it and begin selling it, limit the debtor’s travel abroad (this rule applies to debtors who are citizens of the Russian Federation, draw up an administrative protocol under Article 17.15 of the Code of Administrative Offenses of the Russian Federation , if the executive document establishes requirements of a non-property nature, apply to the court with an application for the division of property acquired jointly during marriage, etc.

What to do and where to complain about the inaction of the bailiff

But two months have passed, and things are still there. No real actions were taken to comply with our writ of execution. But let's not mope, let's act! How exactly? Let's talk about this in more detail.

To start

Let's make an appointment with the bailiff and visit him. This is necessary in order to understand what exactly the bailiff did and to establish the most favorable contact with him. Let's be honest: bailiffs are overworked. The turnover in these bodies is very high, since the amount of work does not correspond to the level of wages.

Here's a not-so-funny fact: according to FSSP statistics, Russian bailiffs in 2021 were able to recover from their citizens only 140 rubles out of every 1000 (15% of the total debt!) that they owed according to decisions of the judicial authorities. Interesting fact

Therefore, it makes sense to try to resolve the case peacefully, so that the bailiff, already overloaded with work, has the desire to deal with our case, because it is certainly more pleasant to work with adequate people. However, if it is clear that the bailiff does not want to make contact and is not taking any measures to collect the debt, then you should attend an appointment with the head of the department

, in the department of which our specialist works. Most often, department heads are interested in the peaceful resolution of conflicts and the absence of complaints from citizens. Heads of structural units hold conversations with their subordinates, reminding them of the need to perform official duties with great enthusiasm, and take some matters under personal control.

But we met the bailiff in person, went to talk to the head of the department, but our case never got off the ground. What's next?

Further, if the conversation did not go well, there are no results and are not expected, then we write an official complaint

addressed to the senior bailiff (who are the heads of departments), which must be reviewed within 10 days. A copy of the decision adopted based on the results of consideration of the complaint is sent to the applicant no later than three days from the date of adoption of the said decision. Thus, no later than 13 days later we will know the results of our complaint.

We found out the results. Unfortunately, they turned out to be unfavorable for us. If we have been denied a complaint, and we believe that it is unreasonable, then we need to move up the official hierarchy

, that is, appeal the decisions of the senior bailiff to the chief bailiff of the subject, and appeal the decisions of the chief bailiff to the chief bailiff of the Russian Federation. Yes, yes, we can write a lot of complaints; our legislation generously provides us with such opportunities.

How to file a complaint

There are different ways to file a complaint against a bailiff.

It is possible to complain about the bailiff via the Internet

This option is the simplest and most affordable. But, at the same time, there is no 100 percent guarantee of getting an answer or solving the problem. And all because of the heavy workload of the service. Although recently people have been paying attention to this method of complaints. And considering that this is easy to do, without bureaucracy, and you can also track the result of the complaint, this method should be called convenient.

The video provides detailed instructions on what technical steps should be taken to file a complaint via the Internet. And track the status of its consideration.

Written appeal

The most effective option is a written appeal. There are several rules that guarantee a real consideration of the complaint and resolution of the issue.

• If a complaint is submitted to the chief bailiff directly by the applicant, a second copy of the document should be prepared. Get it stamped by the district department of the SSP service with a mark of acceptance and date;
• If the complaint is sent by mail, then only by registered mail with notification. When officials receive it, you will receive an email notification about this. This is a safety net that the complaint will not be ignored, but will actually be considered. When an applicant from another region or for health reasons is unable to come to the bailiffs department, send a claim by mail.

Important point. When you attach any documents to your application (and this is the correct approach), send it all by letter with a postal list of attachments. This way, the attachment to your complaint will not get lost.

How to punish the bailiff? Will the prosecutor's office help?

The bailiff service did not satisfy our demands and we doubt the legality of its actions? The legislation provides for the right of citizens to contact the prosecutor's office of the Russian Federation, since it is within its competence to supervise the implementation of laws by bailiffs. However, it is important to remember here that the prosecutor’s office can point out the dishonest work of the bailiff, which consists of a violation of the law and establish such illegality; but she cannot induce the bailiff to take any action - only the management of the bailiff or the court have these powers. I would also like to note that, based on current practice, there is little sense in contacting the prosecutor’s office. Most often, the prosecutor's office does not find any violations in the actions of bailiffs and writes refusal letters. But since this is our right, we can use it at any time until our property and non-property rights are restored.

How to file a complaint

The result largely depends on how competently the claim regarding the irresponsible work of the bailiff is drawn up. Therefore, you need to carefully study the information about its preparation; if necessary, you can use the help of a good lawyer:

1. The document is written in business language. It should not contain insults or emotional expressions.
2. An important requirement is the reliability and accuracy of the information presented. All information is presented specifically on the topic of the claim. The nature of the violations is indicated, which manifests itself in the inaction of the bailiff service or its specific employee. You also need to write down your requirements.
3. You can use the following structure to present a complaint - a description of the situation, an indication of non-fulfillment of duties, the rights that were violated, and a definition of requirements.

The complaint must contain information about the originator, his contacts, to whom the response to the complaint is sent. It is necessary to take into account some features of the content of the document. In particular, when making a complaint, the senior bailiff needs to point out the bailiff’s inaction, his failure to fulfill his duties.

If an appeal is drawn up to the prosecutor, it can demand an inspection of the SSP department where such careless employees work. The application to the court must contain a requirement to recognize the inaction of the bailiffs as a violation of the law.

An effective way to deal with bailiff inaction

One of the most effective measures to return the bailiff’s interest in our case is to go to court

. Let's immediately understand that we can go there immediately, without various appeals against the inaction of the bailiff, without going to a personal reception and to the head of the department. We can always contact you at any stage. But the result may be different. We can go to court at a minimum to receive official clarification about what has been done to restore our rights.

Related documents

— Sample application to bailiffs to initiate enforcement proceedings
— Sample request to bailiffs about the progress of enforcement proceedings

— Sample statement of claim to declare illegal the inaction of a bailiff

Article 128 of the Federal Law “On Enforcement Proceedings” states that the decisions of the bailiff, his actions (inaction) on the execution of the writ of execution can be challenged

in an arbitration court or a court of general jurisdiction. Usually decisions are appealed in a court of general jurisdiction, with the exception of cases expressly specified in Part 2 of Article 128 of Federal Law No. 229-FZ “On Enforcement Proceedings”. In accordance with paragraph 3 of Article 19 of Federal Law No. 118-FZ “On Bailiffs,” damage caused by a bailiff to citizens and organizations is subject to compensation in the manner prescribed by the civil legislation of the Russian Federation.

Requirements to challenge decisions

, actions (inaction) of bailiffs are considered in the manner prescribed by Chapter 22 of the Code of Administrative Proceedings of the Russian Federation, and in the manner prescribed by Chapter 24 of the Arbitration Procedure Code of the Russian Federation. At the same time, if the determination of the civil rights and obligations of the parties to enforcement proceedings, as well as other interested parties, depends on the resolution of these requirements, these requirements are considered in the manner of claim proceedings.

Complaints against decisions of FSSP officials

Russia in cases of administrative offenses, applications to challenge the decisions of these officials on bringing to administrative responsibility are considered, respectively, by courts of general jurisdiction according to the rules of the Code of Administrative Offenses of the Russian Federation, and by arbitration courts - according to the norms of Chapter 25 of the Arbitration Procedure Code of the Russian Federation.

Article 53 of the Constitution of the Russian Federation guarantees everyone the right to state compensation for harm

caused by illegal actions (or inaction) of public authorities or their officials. In turn, Article 1069 of the Civil Code of the Russian Federation states that harm caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies is subject to compensation. The damage is compensated from the treasury of the Russian Federation, the treasury of the subject. Article 1071 of the Civil Code of the Russian Federation indicates that in cases where the damage caused is subject to compensation at the expense of the treasury of the Russian Federation, the Ministry of Finance of the Russian Federation acts on its behalf. We note that the plaintiff’s incorrect identification of the defendant or a government body acting on behalf of the Russian Federation cannot lead to a refusal to accept the statement of claim, its return, abandonment or refusal of the claim only on this basis. That is, we will indicate the defendant correctly, and if we suddenly make a mistake, then this will not be an obstacle to the advancement of our legal case.

Thus, we repeat that the basis for compensation for damage is the established fact of illegal actions or inaction

bailiffs. Again, let's note the important fact that the satisfaction of a claim for compensation for damage when it is confirmed that it was caused by the actions (inaction) of a bailiff cannot be refused only on the grounds that the specific amount of damage cannot be determined (for example, in the case of the loss of an unassessed or improperly appraised property of the debtor, loss of securities whose market value fluctuates). In this case, the amount of damage to be compensated is determined by the court with a reasonable degree of certainty, taking into account all the circumstances of the case, based on the principle of fairness and proportionality of liability in accordance with paragraph 5 of Article 393 of the Civil Code of the Russian Federation.

Based on the above, it turns out that the legislation of the Russian Federation directly stipulates that the state is the guarantor of the effective work of all its bodies

. And in case of their unlawful actions (inactions), losses are reimbursed from the treasury. Fantastic, will you smile? In vain. There are precedents and their number is increasing every year. Take, for example, the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 3, 2009 No. 8974/09. In this decision, the court overturned the decisions of previous instances and recovered from the Russian Federation at the expense of the treasury in favor of the plaintiff the full cost of the damage caused by the illegal actions of the bailiffs. This resolution is unique largely because the entire amount that the plaintiffs requested was recovered from the treasury. Usually the amounts are reduced. Interesting fact

The Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 No. 50 “On the application of legislation by courts when considering certain issues arising in the course of enforcement proceedings” states that in cases of compensation for harm, the court must establish the fact of causing harm

, the guilt of the causer of the above harm and the cause-and-effect relationship between the illegal actions (inaction) of the bailiff and the causing of harm. That is, we need to prove to the court that it was the bailiff’s negligence, unlawful actions on his part, or even the absence of such that led to the consequences of the debtor’s failure to fulfill his debt. For example, if a bailiff untimely took measures to seize the debtor’s property, having information about its availability, and subsequently the debtor “got rid of” it, then this will be a sufficient reason to recover damages from the treasury.

We also note that the debtor’s failure to return funds under a writ of execution is not in itself a basis for imposing an obligation on the state to reimburse these funds.

. The state is properly obliged to organize compulsory enforcement of judicial acts, but it does not guarantee a positive result, since objective circumstances may arise on the part of the debtor, as a result of which he is not able to repay the debt. So it should be understood that if the actions of the bailiff correspond to the letter of the law, but the debtor does not have any financial resources, then it will not be possible to collect the amount due from the state.

When to complain

Most often, claimants who were unable to receive funds from a claim for debt compensation complain about the work of FSSP employees, but there are other reasons for appealing against the actions (inaction) of the bailiff. The table below outlines possible grounds for filing an application.

In Russia, the mechanism of interaction between the FSSP and credit institutions has not yet been established. Bailiffs send requests to seize bank accounts, indicating only the full name and date of birth of the debtor (as indicated in their job description). Banks are forced to block accounts and write off money from all clients if the full name in the personal data matches. Such an erroneous write-off of money in favor of paying off someone else’s debt is one of the common reasons for filing a claim.

Results and conclusions

Let's summarize. Our legislation has developed a mechanism for restoring violated rights. Even if you doubt the personal and professional qualities of a bailiff, you can involve senior bailiffs in your case

, chief bailiff of the region and the Russian Federation. You can contact the Prosecutor's Office of the Russian Federation to organize additional control. And, of course, a court that will put all the dots in place and, if the bailiff’s negligent attitude towards his professional duties is revealed, you will be able to receive the funds due to you from the treasury of the Russian Federation.

Even if you are denied in court

, you will at least learn about the progress of your case and the bailiffs will certainly not ignore your case in the future. It is possible to ensure that this entire system is not limited to one bailiff. Moreover, this needs to be done. And ideally, this should be done by authorized specialists themselves, without any complaints from citizens whose property and non-property rights have been violated. But for now we have what we have.

Large-scale reform in the bailiff service is planned for 2021

. You can read about it on the vast expanses of the Internet (news sites, official websites of government agencies, in general, search engines can help us), the measures are indeed planned to be very effective, but that will come later. But what about now? What should we do with our writ of execution, which is gathering dust on the bailiff's shelf? Of course, it is possible to remove our bailiff from orbit. And if he negligently performed his duties, he can be punished. The entire system of enforcement of court decisions is by no means limited to one specialist.

Responsibility of FSSP employees for inaction

As in any state federal service, the FSSP provides for a system of incentives and responsibility for employees. There are penalties that immediate superiors can apply to non-executive employees:

Disciplinary: reprimand, reprimand, warning about incomplete compliance with the position held, or dismissal. These measures, in rare cases, have the desired effect. This is due to the fact that the FSSP is experiencing a chronic shortage of personnel. The head of the department, under any pretext, will look for reasons to refuse to satisfy the claimant's complaint against the bailiff, just so as not to lose, albeit a bad, non-executive, but an employee, instead of getting another vacant position and being scolded by a superior for inability to work with personnel.

This you need to know: Is it possible to change the bailiff

Administrative: it can be applied to an inactive bailiff. To do this you will need to go to court. It is believed that the court impartially and fairly considers complaints about the activities of bailiffs. In practice, not everything is so rosy. Although the FSSP is not part of the structure of the judicial system of the Russian Federation, it is an executive body that ensures its activities.

What needs to be changed in the bailiff service

We, in turn, based on our own extensive experience of interaction with the bailiff service, both on the side of the claimant and the debtor, would like to propose the following important innovations that would undoubtedly contribute to improving the quality of interaction between the bailiff service and the parties to enforcement proceedings . The first proposal
is that the subject of liability for poor quality work in the execution of judicial acts should not be specific bailiffs, but either departments of bailiffs, or the bailiff service itself.
The collector should not be interested in why a particular bailiff is not working properly, why he did not go to the debtor or send requests. He should be interested in only one thing - why the judicial act adopted in his favor is not executed in a timely manner. And if this failure occurs due to improper work of the bailiff service (not a specific bailiff!), the claimant has the right to make claims against it. And if the court determines that the failure to execute a judicial act was due to improper work of the bailiff, the service will be held accountable. And let the authorities decide for themselves which of the bailiffs is to blame and who should be brought to disciplinary liability. And in order to thereby forever eliminate these anecdotal cases when the court rejects a complaint against the actions of a bailiff only because he started working yesterday, and the bailiff who was inactive is no longer working. The second proposal
is that an open database on all enforcement proceedings be created on the website of the bailiff service, to which the parties to enforcement proceedings would have access. In this database of enforcement proceedings, in the current regime, bailiffs will have to post information about what actions they took in executing the judicial act, what requests were sent, what restrictive measures were applied to the debtor and his property. Now, in order for the claimant to receive this information, he needs to either go to an appointment with the bailiff, or write a request, and then wait for an answer. All this takes time. And so, the bailiff will not have to waste time on personal appointments, or do it less often, and on writing answers. In conclusion, we note that in any case it will be necessary to make efforts and spend a certain amount of your nerves and time, but there will be a result. After all, the result is the main goal of all actions. And you can always turn to professionals who will help you understand the intricacies of the law and bring the matter to a victorious end.

Options

• It is mandatory to independently monitor the entire process of judicial execution. This means that you should call the debtor at work, at his home, or at the bailiff service.

• Submit an application to search for the debtor or his property, and you can also demand that the debtor be prohibited from leaving the country for a certain time.

• Write and send (by registered mail) to the service that is responsible for executing the court decision, a statement in which you request that all copies of documents related to the progress of your case be sent to your address. Provide information about the measures that were taken to obtain a positive result. If no response is received, you can appeal in court against the inaction of the bailiffs in collecting alimony.

• Contact a law office and hire an experienced specialist who will help move the case forward.

If you have suspicions that the bailiffs are not looking diligently enough for the debtor, all that remains is to file complaints against them to the relevant authorities or resort to alternative methods of solving the problem.

Video on the topic of inaction of bailiffs

That's it now!

Now you know where to complain about bailiffs for inaction and what to do if you are faced with the inaction of a bailiff. We sincerely hope that this article helped you understand this topic without resorting to the help of paid lawyers! If something is not clear, or you do not have time to sue the bailiff in Cheboksary, then use the service of legal assistance at the stage of enforcement proceedings. Thank you very much for your attention and good luck in your business!

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Filing and consideration of a complaint by a senior bailiff

Ways to file a complaint:

• In person (a second copy of the complaint is required, on which a mark indicating receipt of the application will be affixed)
• By Russian Post (registered or valuable mail), it is recommended to keep the receipt of the complaint
• Through a representative (this will require a notarized power of attorney with the right to file complaints with the FSSP)
• Through the State Services website

A complaint against the actions (inaction) of a bailiff must be filed within 10 days from the date of the bailiff’s decision, the commission of another registration action by an official, or within 10 days when the person whose rights were violated learned of the violation of his rights.

Complaint about the actions of the complaint – no more than 30 days from the date of its receipt. If the complaint is received by a bailiff who is not authorized to resolve it, it is transferred to the jurisdiction within 3 days from the date of receipt with mandatory notification to the complainant.

In case of inaction of tax authorities

Unlike the previously discussed appeal procedures, the algorithm for appealing the inaction of the tax authority has a significant feature: the pre-trial procedure is mandatory.

That is, before going to court, you must file a complaint with a higher tax authority. In this case, the complaint is submitted through the inspectorate, whose inaction is being appealed.

The appeal period is one year from the date on which the deadline for the action that the tax authorities did not carry out expired.

The complaint is drawn up in any form, but taking into account the mandatory structural parts highlighted above (addressee and sender, grounds for the complaint, essence of the requirements with supporting documents attached).

Related article: What letters can the tax office send to citizens and businesses?

Despite the fact that the law does not establish mandatory forms of complaints about the inaction of government agencies and their officials, we recommend that you provide references to legal norms in your complaint in order to substantiate your position.

By the way, you can make a corresponding complaint in our “Documents” section

Is the bailiff, police officer or tax authority INACTING?