If the bailiff violates the established legal norms, as well as the procedure for working on the decision, any interested person has the right to appeal against his actions or inaction. The procedure for appealing against the actions of bailiffs is spelled out in the Federal Law "On Enforcement Proceedings".
Instructions
Step 1
The complaint is submitted in writing in a free form. There are only certain requirements for the availability of information. The complaint must contain the following information:
- position, surname and initials of the bailiff against whom the complaint is being filed;
- the circumstances of the case under consideration, indicating the dates;
- grounds for filing a complaint (here it is necessary to indicate which rights of the complainant were violated, regulations guaranteeing these rights, circumstances and facts confirming their violation);
- the subject of the complaint: whether you are challenging the court order itself, the procedure or the inaction of the bailiff;
- detailed information about the complainant: surname and initials, address of residence.
Step 2
Initially, the complaint is addressed directly to the bailiff to whom it was drawn up. The bailiff is obliged to forward the complaint to the relevant officials in the bailiff service no later than 3 days later. The maximum period for providing a written response to a complaint is 30 calendar days.
Step 3
If these actions did not produce the desired effect, apply to the Office of the Federal Bailiff Service of the Russian Federation. The principle of filing a petition is similar - a written appeal is drawn up indicating the necessary information and requiring a decision on the issue. In most cases, a petition is sufficient for a prompt and effective solution to the problem, as well as the application of proportionate penalties to the offending bailiff.
Step 4
If it was not possible to resolve the situation by contacting the FSSP, you have every right to go to court with a statement of claim against the bailiff violating your rights. You should apply to the district court at the place of work of the bailiff. The term for filing a claim is 10 days from the moment when the bailiff violated the procedure for fulfilling his duties, or from the moment when the plaintiff became aware of this fact.
