A complaint about the inaction of the bailiff is an instrument for upholding civil (property) rights. The debt problem in Russia is most acute. Courts are simply littered with claims: child support, overdue loans, consumer and mortgage loans - this is not a complete list. The Supreme Court is at a loss how to relieve the courts in such cases. Various options are offered, up to the resolution of disputes by notaries.
However, few think about the bailiffs, their workload. The failure to comply with the law is the main problem today. Inaction Complaint Sample bailiff they are looking for exactly those whose rights are violated precisely by ignoring the requirements of the court.
Laziness or congestion
We will understand the reasons. Before a complaint about the inaction of the bailiff is ready, you need to understand what are the reasons for non-execution. There may be three:
- Laziness. Let this factor be on the conscience of individual employees. We will not talk about this.
- Workload. The problem really requires serious solutions. On average, the number of executive orders in the city per employee is about 1,000. However, this is no excuse.
- All measures have been taken. Perhaps the employees did everything they could under the law, but the debtor has nothing.
Therefore, it is better, before taking action against the bailiffs, try to find out whether the employee did everything. To do this, you can contact him in writing. If there is no answer, the exit is a complaint about the inaction of the bailiff.
Where to serve
If you are sure that the decision is not executed due to employee negligence, you can contact the following authorities:
- Court. The most effective option, but may require professional legal assistance.
- Prosecutor's office.
- Senior bailiff.
FSSP hierarchy
A complaint about the action (inaction) of a bailiff-performer in court may not be necessary if you turn to higher bosses. Who can I file a formal complaint with? To the senior bailiff. The chief bailiff of the region. To the main performer of the Russian Federation. The hierarchy must be consistent. First, we write to the senior on “his” bailiff, then, if the problem is not resolved, to the main region on the senior, and only after that - to the chief executor on the main bailiff of the region. However, it is better to go to court in this case.
Appeal to the senior bailiff
A complaint about the inaction of the bailiff is necessary for the chief in order to make "ours" work. According to the citizens who conducted this procedure, let's say that the effect of such actions is small. As a rule, the case ends with a formal reply. However, lawyers still recommend taking this step, as this will allow you to know in advance the official position of the employees in court and thus it is better to prepare for it. So, the sample complaint about the inaction of the bailiff looks like this :.
To: (Data of the senior employee and the name of the department)
Organization Address
From:
Registered at:
In the center: Complaint about the inaction of the bailiff.
Below from a new line: Petrov P.A. (all data is fictitious) is a party to enforcement proceedings No. 234/2016
Judicial bailiff Neokhotko A.A.no action has been taken until today on the basis of the decision of the Odintsovo District Court No. 204/2016 of 09/06/2016. Namely: unreasonably slow execution by an employee enforcement of a court decision. Such actions violate the personal and property rights of P. Petrov, since as a result he is deprived of the opportunity to make a profit in his further activities on granting loans in the absence of funds. Based on the foregoing, I ask you to consider the employee’s inaction to be unlawful, as well as take measures for the speedy execution of the court’s decision.
application
The complaint about the inaction of the bailiff must contain an application in which are attached:
- Copies of the executive document.
- A copy of the decision of the bailiff in case he closed the proceedings.
- Evidence of inaction.
- The power of attorney of the representative, if the person whose rights are violated is represented by another person.
- Other documents that confirm the circumstances on which the requirements are based.
Prosecutor's office
The complaint form for the inaction of the bailiff to the prosecutor's office looks the same as the senior boss. The only thing is that the “cap” will change, and the prosecutor’s office will act as the addressee. An appeal to the prosecutor’s office has a number of characteristic features: consideration of violations will be more objective than when submitting to a senior bailiff, who, as a rule, is personally responsible for the actions of subordinates. It is not beneficial for him to identify numerous violations. No special legal knowledge is required to file a complaint.
The debtor also has rights
The debtor’s complaint about the inaction of the bailiff is no different from what we have already presented above. At first glance, such a situation seems absurd. With regard to the lender, the creditor, it is understandable - inaction consists in default on debt collection. However, in respect of the debtor there are also various violations. For example, he paid his obligations, informed the employee who conducted the production, and then, when traveling abroad six months later, it turns out that the latter did not enter any information into the system. As a result - spoiled rest, lost money and money.
Sample complaint about the inaction of the bailiff in court
Appeal to the servants of Themis, as lawyers say, is the most effective way to protect your rights. It has several advantages.
- Objective review. It is a mistake to argue that the term “judicial” refers their employees to employees of the court apparatus. Bailiffs are law enforcement in the executive branch. Their illegal actions do not go unpunished.
- Attitude to the applicant in the future. Employees will understand who they are dealing with. Neglect will be punished. As a result, their effectiveness increases when working with a specific person.
The complaint about the inaction of the bailiff to the court (sample) looks the same as when addressing the senior bailiff, except for the "cap".
Complaint about the inaction of the bailiff (alimony)
Alimony - a headache for bailiffs The sample complaint about the omission of the bailiff for child support, that is, for the recovery of debt on them, is no different from those that we have already indicated. You just need to enter the court decision on them in the appropriate fields. We will say right away that, unlike debts related to civil relations (loans, loans, borrowings, etc.), work with alimony, as they say, is for life.
The death penalty for debtors?
Before you make a complaint about the inaction of the bailiff, a sample of which we have already presented above, you need to know what employees must do to recover a debt. Many mothers who raise children alone are ready to introduce a bill on the torture of their former spouses, some are even ready to literally kill.They believe that after a court decision, employees should literally guard the offender around the clock. Follow his every step and, if at least some penny appears, immediately take it in favor of the children. Alimony, of course, must be paid, but the system is built in the interests of all participants in the process. Taking in favor of the creditor, for example, the entire amount, forcing him to collect new debts, is unacceptable. Before an official claim, you need to understand what the employees did to recover. Perhaps the debtor has nothing, or he has an income that is not recoverable. For example, a pension for caring for children, etc. In this case, the bailiffs will be powerless.
Conclusion
Unfortunately, practice shows that even those measures that we have called are not always effective. And the point here is not even the work of the executive bodies. The problem is that the debtor really has nothing behind his soul. In this situation, you can reach the President - there will be no result. Various prohibitions are ineffective. Take, for example, departure from the country. The debtor is either not going anywhere in his immediate life, or he has found various loopholes. For example, you can safely fly out of Belarus. He will not have any restrictions in this country. Justice, of course, is not enough in this, but all within the framework of the law.
Most of all, our citizens are indignant at exactly what they know - the debtor has property, bank accounts, real estate. People themselves provide information about this. However, employees do not hear them. The only excuse is that the defendant does not live at the registration address. All actions are useless. Debts hang for years, and debtors are aware of the inefficiency of the executive system. Until the problem is resolved, there can be no talk of any development of private property and capitalism. Another problem today is the debts of the local administration. They are formed by the actual deception of contractors, which after the work is not paid huge amounts. Courts, of course, are won, but this does not stop some officials. All documents are beaten up so that even under the Law it is impossible to withdraw debt from the municipality. And sometimes the accounts are deliberately not found.
