If the bailiff does not perform his duties well enough, then everyone has the right to appeal against his actions in the manner prescribed by law. In the Federal Law of the Russian Federation "On Enforcement Proceedings", this procedure is clearly spelled out.
Instructions
Step 1
The complaint is submitted in a free written form. In the title, write “complaint” or “complaint about the actions / omissions of the bailiff”. It is necessary to indicate his position, initials and surname. In the main part of the complaint, you must list the factual circumstances of the case, and also be sure to put down all the dates. The grounds on which the actions / omissions of the bailiff are appealed may be extracts from the law by which your rights were violated, or the presence of specific circumstances confirming their violation. At the end of the complaint, it is necessary to very clearly list what you want to appeal: a court order or unlawful action / inaction of a bailiff.
Step 2
The complaint must contain: the name and initials of the citizen or organization submitting it; place of residence (stay) of a citizen or location of an organization; power of attorney and certification of the representative's authority. If the applicants did not provide documents confirming their authority, then the consideration of the complaint on the merits may be refused.
Step 3
In accordance with the law, everyone has the right to appeal against the actions / omissions of the bailiff in court. But this is a very long and costly procedure. It is worth starting with the bailiff himself, who must, within 3 days, transfer your complaint to a higher official of the bailiff service. Or immediately submit it to the head of the department of bailiffs, who is obliged to send you a written response within 15-30 days. You can try to submit a petition to the Office of the FSSP of Russia, which is not interested in lowering its performance, therefore, such complaints, as a rule, significantly speed up the process of executing court decisions.
Step 4
If this does not help, then you need to go to court. The complaint is filed with the district department of the court, in which the bailiff performs his duties, within 10 days from the date of the action (refusal to perform the action) or from the day when the debtor, the claimant and the bailiff - the executor, not notified of the place and time of the commission actions of the bailiff - it became known about him.
Step 5
The claimant, the debtor and the bailiff receive copies of the court's decision. A decision that has entered into legal force is subject to execution. It is considered executed after the bailiff has performed the enforcement actions to which the court ordered him. Unfortunately, such court decisions are not always enforced. Therefore, it is desirable that a qualified representative accompany the enforcement proceedings.
