Let's find out where you can complain about bailiffs

Where to contact

A citizen must defend his rights and if he considers the actions of a specialist to be unlawful, he has the right to complain to several authorities:

• senior bailiff;
• to the prosecutor's office;
• to court.

The main thing is to make the appeal correctly and have enough grounds. You cannot be guided by personal preferences; FSSP employees are responsible persons doing their job.

Table 1 - Options for filing a complaint

An integrated approach is the most effective for quickly solving the problem. Write several applications at once and send them to different addresses. The attention of various authorities will force creditors to reconsider their actions and eliminate mistakes. The chances of a favorable outcome increase.

The law does not limit citizens in the number of complaints. The content of the documents can (and should) be the same, only the “header” with the addressee changes.

Where and to whom to complain about illegal actions of bailiffs

You can complain about the actions of performers that do not comply with the requirements of the law to the employee’s immediate supervisor, the head of the Federal Bailiff Service, the Ministry of Justice of the Russian Federation, the prosecutor’s office or the court.

Attention! A complaint against the illegal actions of bailiffs must be justified and contain at least minimal factual grounds, include proven time references, and a protest filed against an employee’s rudeness must be supported by witness testimony or audio and video recording documents.

The appeal must be written correctly, in compliance with the requirements of Article 124 of Federal Law No. 229.

Hotline

FSSP Service Center.

Helpline (495) 870 6996

The huge number of calls received by the SSP communication hotline significantly reduces their final effectiveness.

To the FSPP department to the chief

The first level of appeal involves a complaint to the senior bailiff in the territorial department where the object of the claim works. If there is no result, the completed application for the SSP employee is submitted to the head of the regional service, then to the director of the FSSP of the Russian Federation. Each subsequent appeal must be sent to a higher authority.

Corporate solidarity with this method of appealing the action of the performer can play a cruel joke on the applicant: departments are not inclined to “wash dirty linen in public.”

To the Ministry of Justice

You can write a complaint to the Ministry of Justice, but most likely it will end up being considered on the desk of the head of the bailiff who became the object of the applicant’s dissatisfaction. The ministry oversees the activities of the structure where court decisions are executed, but it is not a punitive body.

To the prosecutor's office

It is mandatory to apply regardless of whether the complaint is filed in parallel with another authorized authority. The prosecutor's office has the full right to comprehensively oversee compliance with the law in all areas of life in the country.

Employees can give the correct legal qualification to the bailiff’s action and decide to impose a mandatory penalty on him based on the available proven or factual grounds.

Remember! The activities of the BSC lie in the area of ​​ensuring the order of government administration, which is a priority for the state apparatus as a whole.

To court

Regardless of whether the appeal is filed with any other government body, a citizen has the right to file a complaint against the actions or inaction of a service employee to the judicial authorities. A statement of claim is appropriate when, as a result of the unlawful steps of the performer, material damage has been caused to the plaintiff or his civil rights have been significantly infringed.

Grounds for complaint

The powers of employees and their actions are determined by legislative acts. In certain cases, specialists must ensure compliance with court decisions. If they are overly active or, conversely, inactive, this is a reason to express dissatisfaction .

Citizens have the right to complain to the bailiff if the following situations arise:

1. The debtor's bank account was blocked without prior notification being sent to him. A person has the right to know about the possibility of voluntarily paying off debts.

2. The deadline for issuing a writ of execution in the case was violated.

3. When storing the property seized from the defendant, the bailiffs did not ensure safety. As a result, things were damaged.

4. Gross violations were committed in the procedure for seizing the debtor’s property.

5. Civil servants violated the rules of professional ethics when communicating with debtors. Were rude, familiar, or intimidating.

6. An illegal fine was collected.

7. When calculating the actual value of seized property for further sale, market prices were not taken into account.

8. A civil servant violates the scope of his powers - extorts money, threatens or blackmails.

9. The required alimony payments were not transferred.

10. The executors support the defendant more than the court orders. There is suspicion of corruption (taking bribes).

11. The bailiff received the case a long time ago, but is inactive. All deadlines have been missed.

12. Claims were presented that were not specified in the court decision. The rights of any party are violated.

Any person whose interests have been violated as a result of the work (or inaction) of specialists has the right to file a complaint.

Complaint about illegal withdrawal of money

The court can oblige a citizen to pay off accumulated debts in various ways. For example, bailiffs send a writ of execution to the employer, and he writes off the specified amount from the defendant’s salary. Or they contact the bank where the debtor has an account. Employees provide information about the availability of funds.

However, bailiffs may not know where the account was replenished from, resulting in erroneous withdrawals.

The salary card cannot be seized

A common misconception. Court officials have the right to deprive a citizen of access to his salary as a source of official income if he has large debts: utility bills, alimony, loans, or has not paid moral damages.

Find out important things: How to find out all debts from bailiffs by last name and TIN

What funds cannot be seized - social payments due to citizens from the state:

• old age pension (no more than 50%, there is no protection against arrest for debts yet);
• benefits – for a disabled child, mother of many children, disabled person;
• military pensions;
• payments to a child for the loss of a breadwinner.

These accounts are not subject to any taxes. Therefore, cards to which transfers are made cannot be taken away. And make write-offs from them to pay off debts too.

It is important to act immediately if the bailiffs have illegally seized the card. You should write a statement and attach relevant documents to it to confirm that you are right. Specify the purpose of the account, request bank statements, etc. The more evidence the applicant can obtain, the more effective his appeal will be.

Options to solve the problem:

A. Pay your debts voluntarily, then the FSSP claims will be dropped and the accounts will be unblocked. The debtor will have to fulfill his financial obligations; the complaint concerns only the actions of specialists, and not his position.

B. Establish the settlement procedure through the court. Agree on the repayment schedule, transfer amount and other aspects. It is possible to get a deferment if there is a good reason.

C. Settle the matter directly with the plaintiff. Outstanding loan – with the bank, ask for loan restructuring or another method to “soften” the existing situation. Alimony – agree with the other parent of a common child. Utility debts – with the housing and communal services service.

It will not be possible to forget debts; even a positive court decision will only give a deferment or change the payment schedule. It will also force bailiffs to return illegally withdrawn money (FZ-118).

A sample application can be viewed below.

The legislative framework

When filing a complaint with the Federal Bailiff Service, you should be guided by the following legislative acts:

1. Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006. N 59-FZ (as amended on November 27, 2017).
2. Civil Code of the Russian Federation dated January 26, 1996. N 4-FZ (as amended on March 28, 2017).
3. Federal Law “On Enforcement Proceedings” dated October 2, 2007. N 229-FZ (as amended on July 1, 2017).
4. Federal Law “On Bailiffs” dated July 21, 1997. N 118-FZ (as amended on November 29, 2017).
5. Federal Law “On compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time” dated 04/30/2010. N 68-FZ (as amended on December 19, 2016).

To inaction

There are time frames within which bailiffs must meet when enforcement proceedings come to them. The defendant, in whose interests it is to comply with the court verdict, will have to monitor the pace of work of the employees. According to the provisions of Federal Law No. 128, actions (inaction) of the FSSP can be challenged through the Arbitration Court or a court of general jurisdiction.

He can complain about the bailiff’s inaction if:

1) There is no notification about the start of production - no letter.

2) The collection procedure continues, even though the debtor has already paid in full and submitted all the necessary documents. Or he was confused with the real defendant.

3) Deductions of large sums are made contrary to Federal Law-229, which regulates the amount of deductions imposed on the official income of the defendant - 50%, in some cases 70%. Writing off large amounts will negatively affect the financial and living situation of a citizen.

4) The seized property went directly to the creditor without evaluation or sale. The true cost remains unknown.

5) The bailiffs refuse to provide materials to the defendant and do not inform him about the progress of the proceedings.

The court order indicates the data of the FSSP service where it will be sent. The citizen involved in the case can communicate with them by sending letters or personal conversation. It’s convenient to track the process through the website, but new information does not appear there immediately.

In the complaint, the citizen must clearly indicate the reasons, refer to specific regulations violated by the FSSP and attach documents confirming the missed deadlines, i.e. inaction of specialists.

Main tasks of the FSSP

What does the FSSP do and what powers are granted to bailiffs? Let's find out!

So, the Federal Bailiff Service (or FSSP) is an executive body and carries out functions to ensure the established procedure for the activities of courts, the execution of judicial acts, acts of other bodies and officials.

According to the current legislation, all FSSP employees are divided into bailiffs to ensure the established procedure for the activities of courts and bailiffs. In their lives, ordinary citizens of the Russian Federation most often encounter bailiffs - it is these officials who can demand that you pay your alimony debt or pay a car fine.

What else should bailiffs do? To answer this question, we need to turn to Decree of the President of the Russian Federation dated October 13, 2004 N 1316, entitled “Issues of the Federal Bailiff Service.” In accordance with this document, employees of the Federal Bailiff Service are assigned the following tasks:

• Carrying out enforcement proceedings for the forced execution of judicial acts and acts of other bodies;
• Application of enforcement measures;
• Conducting assessment and accounting of seized and seized property;
• Storage of seized and seized property;
• Forced sale of seized and seized property;
• Search for debtors and their property;
• Reception of citizens and consideration of their oral and written appeals.

For rudeness

Bailiffs are civil servants who are required to speak within ethical standards. Rudeness, rudeness, open threats or blackmail are unacceptable.

Citizens can complain about the unprofessionalism of employees in several ways:

1. inform higher authorities - senior bailiff;
2. visit the territorial FSSP;
3. submit an electronic appeal.

It is necessary to indicate the details of specific employees who commit such violations. Their name, position, what business they do. It is advisable to collect visual evidence of boorish behavior - record conversations, videotape.

Deadlines for consideration of a complaint against the FSSP in 2018

In accordance with Art. 126 of the Federal Law “On Enforcement Proceedings”, a complaint against the actions or inaction of a bailiff, filed in the order of subordination, must be considered by an official of the bailiff service within 10 working days from the date of its receipt.

Note! The above recommendations are not exhaustive, since each case is unique and requires a personal approach. If you need further advice, you can get free legal assistance on our website.

How to properly file a complaint

The document must be prepared as a standard application. And it was submitted within the established period - 10 days from the moment the citizen discovered a violation of his rights.

Requirements:

1. Compiled in writing. Oral requests will not be considered.

2. The applicant must provide information about himself - his full name, status, place of residence and other information. However, he may ask to hide it later.

3. Polite, to-the-point treatment. No profanity, rumors, offensive language or threats

4. A consistent, official text providing facts. Present what happened chronologically, with dates and, if necessary, times.

5. Support your statements with documents.

6. All requirements are substantiated, there are references to legal norms

The applicant is obliged to clearly list his claims, where exactly the rights were violated and what was the fault of the bailiff.

Complaint to the court Complaint to the boss

Document structure:

1. At the top right there is a “header”, there is information about the addressee and the applicant himself;
2. then in the center - the name of the appeal;
3. main part – contains a description of the situation with the applicant’s requirements;
4. list of annexes – documents in the form of a numbered list;
5. below – the date and signature of the applicant with a transcript.

2 copies of the appeal are prepared. One author passes it to the addressee, on the second the employee who accepted the paper puts a mark about it.

Deadlines for filing a complaint against the FSSP

Before you begin drawing up a complaint against the actions (inaction) of a bailiff, we recommend that you familiarize yourself with the deadlines for filing such complaints. Yes, Art. 122 of the Federal Law “On Enforcement Proceedings” establishes that a complaint against a bailiff’s decision, his actions (inaction) is filed within 10 days from the date of the decision, the commission of an action, the establishment of the fact of his inaction or refusal to challenge.

Note! If you do not have information about the time and place of action, a complaint can be filed within 10 working days from the day you learned about the decision being made or actions taken (inaction).

Complain through online services

Advances in modern technology make it possible to submit applications remotely. Most official structures have websites with similar functions:

• FSSP website;
• General Prosecutor's Office of the Russian Federation;
• Government services.

State Services is a special website through which citizens receive most government services online. Including sending complaints to various authorities. To use the site you must register and log in.

The process of generating an appeal:

1. The visitor fills out an electronic form. It is important to provide real data and attach electronic scans of the collected documents.

2. Specify the email address or other resources where the response notification will be sent.

Most applications are processed within 10 days.

Personal address

If possible, visit the territorial office of the FSSP, taking your passport, collected documents and application. Find out in advance via the Internet about the location of the institution and make an appointment. Start with the immediate superior of the bailiff who committed the violations. And make a personal complaint, indicating the full name of this employee.

If the senior bailiff left the application unanswered, move on. Visit the district prosecutor's office, and then the court. The main thing is not only to talk with authorized persons, but also to convey the appeal. Only such applications are considered subsequently.

Personal reception

A citizen who does not agree with the actions of employees of the Federal Bailiff Service can file a complaint at a personal meeting, which is held by senior managers (including the director of the FSSP), heads of departments of the Central Office and officials of territorial bodies. You can view their work schedule and get information about the location of the reception desk at fssprus.ru/organizacija_lichnogo_priema_grazhdan/. In addition, outside the approved schedule, you can submit a complaint on the all-Russian day for receiving citizens - December 12.

Important! You can get an appointment with the senior management of the Federal Bailiff Service only if you have a written response from the head of the Central Office.

You can personally submit a claim to an authorized employee of the Office, subject to prior appointment (for a specific date and time). It is better to do this online after logging in to the State Services website. It should be borne in mind that registration is carried out only for the next 30 days and only one specific issue can be considered at the reception.

After filling out the appropriate form, the citizen will receive a complete list of documents that he will need to have when visiting the reception. Additionally, he will need identification and a written complaint (if he decides not to limit himself to verbally presenting the problem).

During the pre-registration process, the applicant will be sent a confirmation slip to the specified Internet mailbox with information about the date and time of the visit to the Federal Bailiff Service. But the absence of a coupon cannot become a basis for refusing an appointment (a citizen will only need to present documents for personal identification).

During face-to-face communication with an authorized FSSP employee, it is worth not only verbally describing the current situation, but also submitting a written complaint along with a package of additional materials. In this case, it is worth checking that the complaint is registered in the accounting system and that the second copy (it remains with the applicant) is marked with the corresponding number and date of registration. At the same time, an authorized employee of the Federal Bailiff Service may refuse to accept a document if it turns out that it was drawn up in violation of general requirements or norms of the law (for example, the text is written in a foreign language or the entries are made in illegible handwriting that is unreadable).

Attention! Previously booked appointment times cannot be transferred to another person.

What happens to the complaint

Written complaints - electronic and paper - are sent to employees for consideration. What matters is the evidence base collected by the author. Certificates, statements, invoices, forms - everything related to the case.

If there is an error in the document itself, it will be rejected and the author will receive a rejection notice. The reason is indicated there and, if it can be eliminated, the citizen will be able to submit the application again. For example, the statement was drawn up incorrectly, there are inaccuracies in the presentation of the situation, or there is insufficient evidence. The mistake needs to be corrected.

There is no answer - the citizen can only wait for the period specified by law (10-30 days, depending on where he sent the complaint). Then, in the absence of a response letter, move on - either contact higher authorities, or repeat the complaint, pointing out the fate of the first document.