Making payments on a loan out of time, bailiffs have the right to seize property from the borrower, for example, a car that was bought with borrowed funds. If the actions of the executive bodies violate the current legislation, the debtor has the right to appeal the decision of the bailiffs. To do this, you need to write a complaint, the mandatory details of which are determined by the Civil Procedure Code of the Russian Federation.
Necessary
- - The Civil Procedure Code of the Russian Federation;
- - the passport;
- - details of the court;
- - decision of the bailiff;
- - details of the bailiff;
- - information about the debt.
Instructions
Step 1
In case of illegal seizure of property by bailiffs, the person who is the borrower has the right to write a complaint. For example, a car worth two million rubles was seized by the bailiffs for the remainder of the debt in the amount of thirty thousand rubles. Accordingly, according to the Civil Procedure Code, the debtor's rights are violated.
Step 2
Make a complaint. In the right corner of the blank sheet, write the name of the judicial authority to which you are sending the document to appeal the decision, indicate the full address of its location. Then enter your personal data, your registration address.
Step 3
Indicate the bailiff as an interested person, enter his personal data, the name of the place of his work.
Step 4
The document in this case will be called not "Complaint", but "Statement on the recognition of illegal actions of the bailiff." Write the date, number of the order issued by these authorities. Write in the day, month, year when the bailiff started to execute the decision. Describe the circumstances under which, for example, the seizure of the car took place.
Step 5
Referring to the Code of Civil Procedure of the Russian Federation, write a list of rights that were violated by the actions of the bailiff. Indicate what consequences have arisen after the execution of the order. For example, your car was your only source of income for your business. Accordingly, without this property, you will not be able to pay off the remaining debt.
Step 6
Based on the above, ask the judicial authority that the bailiff's order was canceled and the actions of the bailiff were declared illegal. Sign the complaint-statement, put the date of writing the document, indicate your surname, initials.
