In accordance with the current legislation, both the decisions made by the bailiffs and the actions (or, conversely, inaction) committed by them in connection with the proceedings on the enforcement case are subject to appeal.
Instructions
Step 1
You can file a complaint within 10 days from the date of the decision or the commission of an illegal, in your opinion, action. If you appeal a failure to act, you also have 10 days from the date the failure to act was established. Such complaints can be considered by higher officials of the bailiff system and the courts. The choice of instance is yours.
Step 2
The law stipulates that a complaint related to enforcement proceedings shall be submitted in writing. Fill it out as follows: In the upper right corner, indicate where you are sending your complaint - to the higher bailiff (name, position) or to the court (name, location). Here you also state who the complaint is being filed against: "Interested person: full name, position of bailiff", as well as your data: "Applicant: full name and place of residence." Designate the name of the document: "Statement of recognition of the actions of the bailiff-executor illegal" or “Complaint against the decision of the bailiff-executor”.
Step 3
Next, state the circumstances of the case, for example, “Bailiff _ of the district department of the UFSSP for _ region. Ivanov I. I. _._. 20_. a resolution was issued prohibiting the passage of a state technical inspection of a vehicle that belongs to me on the right of ownership and is not under arrest. Then indicate the grounds on which you consider it necessary to cancel the decision, the action (inaction) of the bailiff to be declared illegal. For example, “I think the said decision is illegal and subject to cancellation on the following grounds. By issuing a decree prohibiting the state vehicle inspection, the bailiff violated the principle of correlating the scope of the claimant's claims and enforcement measures. Given that the claimant's claim is 7,500 rubles, the deprivation of me to use property worth 300,000 rubles. is a direct violation of my rights. The ability to use my car is my only source of income. Thus, as a result of the actions of the bailiff Ivanov I. I, I cannot engage in economic activity, as a result, I cannot pay off the debt to the claimant. In this situation, it is sufficient to prohibit deregistering and changing the registration data of vehicles, ensuring the impossibility of their alienation to third parties. I draw the attention of the court (official) to the fact that the debt to the claimant by me is paid off every month. a measure of compulsory fulfillment of an obligation as a ban on carrying out a state technical inspection of the vehicle, issuing an order dated _._._, bailiff Ivanov I. AND. violated the current legislation”.
Step 4
In conclusion, make a reference to the norms of the law providing for the possibility of filing a complaint and state your requirements: “On the basis of the foregoing and in accordance with Art. 197, 198 APC RF, I ask: 1. To recognize the actions of the bailiff, aimed at prohibiting the conduct of state technical inspection of the vehicle, illegal. 2. To cancel the decision of the bailiff-executor Ivanov AND. AND. from _._._ g. No. _ . You can also ask the court and a higher official to cancel the order in whole or in part, oblige the bailiff to adopt a new order, and determine measures to eliminate violations.
Step 5
At the end of the main text, sign and date the complaint. If you are a representative of the applicant, please attach your power of attorney.
