Complaint about the inaction of the bailiff on alimony

What should the recipient do if alimony has been collected for him or the child, but the payer completely refuses to pay it? The only possible solution to this problem is to turn to bailiffs. It often happens that it is impossible to get through to service specialists, and they have strict rules for receiving citizens; in addition, it happens that they generally ignore or delay the processes. In this case, a complaint against the bailiff for alimony will work. How to do this correctly, read on.

Functions of bailiffs

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

• Use the online chat in the lower corner of the screen.
• Call: Federal number: +7 (800) 511-86-74

Before you complain and put forward various kinds of demands, you need to actually know what to complain about - you need to be aware of what the bailiff is obliged to do in order to collect alimony. The main regulations governing the bailiff service are:

• Federal Law of 1997 No. 118 “On Bailiffs”;
• Federal Law of 2007 No. 229 “On Enforcement Proceedings”.

The norms of these regulations are largely similar and duplicate each other’s provisions. The functions of bailiffs regarding the collection of alimony include:

• calling the defendant for a conversation, explaining to him, against signature, all the adverse consequences of non-payment of the alimony debt;
• clarification of the rights and possible ways to resolve the problem to the recipient of alimony;
• inquiry;
• sending requests to various authorities in order to establish the location of the payer, whether he owns valuable property, money in bank accounts opened in his name;
• the requirement for employers of payers to withhold part of the salary in the required amount to pay off the alimony debt;
• visiting the payer at home in person, as well as at the place of work or location of his property;
• seizure of property belonging to the payer;
• seizure of money in bank accounts of the payer;
• search for the payer and his valuable property;
• restriction on the debtor's travel abroad;
• imposition of a fine;
• a petition to the traffic police to deprive the payer of a driver’s license;
• a petition to the Ministry of Internal Affairs to initiate a criminal case.

A child support debtor is put on the wanted list when all the facts of his malicious evasion of duties are evident. To do this, he must not fulfill his alimony obligations for at least six months. In addition, he must hide in order to avoid financial responsibility. If there are no such facts on the part of the payer, then it will not be possible to attract him to actual imprisonment. In this case, other enforcement measures are applied. For example, imposing a fine. A fine is imposed on the debtor in the amount of 20,000 rubles.

This is a relatively recent punitive sanction; it came into force in 2020. Such a fine is imposed if, from the moment the enforcement proceedings are opened, the defendant does not pay alimony for two months in a row. You can arrest the apartment in which the alimony worker lives only if he has other places to live. A driver's license can be revoked for non-payment of alimony if the amount of debt owed by the alimony provider exceeds 10,000 rubles. If the amount of debt is lower, then rights cannot be deprived.

The main task of the bailiffs is to collect the due amount of debt from payers to recipients in the shortest possible time . To achieve this goal, FSSP specialists systematically interact in their work with the following bodies:

Procedure for consideration in different authorities

The procedure for considering documentation containing information about an official’s dishonest performance of his duties depends on the authority to which the complaint was filed:

All possible nuances of consideration of the case also depend on the body to which the complaint is addressed, since in their work all these organizations are guided by different regulatory documentation:

1. Prosecutor's Office - Federal Law No. 59 on the procedure for considering citizens' appeals.
2. Court – by the Code of Administrative Procedure (in the case of criminal cases – by the Criminal Procedure Code).
3. FSSP - Federal Law No. 229 on enforcement proceedings.

Submission deadlines

According to the rules of Art. 122 of Law No. 229-FZ, you can complain about the unlawful behavior of a civil servant within 10 days from the date:

• direct admission of violations;
• making an unlawful decision;
• when the victim of the actions or inaction of the bailiff learned of a violation of his rights.

Terms of consideration

Reviews in different organizations take place within the time limits provided for by the above regulatory documentation, which guides these bodies in their work:

• ;

The specified deadlines are established in accordance with Art. 126 Federal Law No. 229, Art. 141 CAS, Art. 12 Federal Law No. 59.

The decision of any of the above bodies on the complaint is formalized in the form of a resolution.

FOR YOUR INFORMATION. The result of the consideration is full or partial satisfaction of the complainant’s claims, or refusal of satisfaction on the basis that the body that examined the claim did not find any violations in the actions of the defendant.

How is the applicant notified of the decision?

The applicant is given a copy of the decision made within three days from the date of the decision.

Having considered all the ways to attract an unscrupulous bailiff, we can conclude that the most effective will be a combination of the listed measures.

Sometimes it is recommended to first contact the FSSP and the court, and if the necessary decision is not made, then to the prosecutor’s office.

However, the law does not prohibit applying to 3 organizations at once.

How can I complain?

As you can see, the arsenal of powers of bailiffs to collect alimony is quite wide. However, due to the heavy workload of service specialists, of all the above, often not even one tenth of the measures are carried out. To initiate the process of collecting alimony from the debtor, the recipient must first of all personally make every effort to do so. If none of the above measures are implemented, then it would not be a bad idea to write a complaint regarding alimony to the bailiff.

How and where to file a complaint

There are several ways to file a complaint against a bailiff:

1. Bring it to the bailiff in person and take a receipt for its receipt or make two copies with his mark on one of them.
2. Send a complaint by mail. It is advisable to do this by registered mail with notification. This will allow you to track the location of the letter and find out the exact time it was received by the bailiff.
3. Send a complaint to the bailiff service's email address. This option is quite unreliable, since the applicant will not have any evidence that the addressee actually received the letter.
4. Use the government services website. Among the government bodies presented on the portal, you should find the “FSSP” tab and find “Submit an appeal.” The review period for this option is reduced to 17 days.

How to file a complaint against a bailiff

A complaint against bailiffs regarding alimony is drawn up in any form; no standardized forms have been established. The complaint must include the following information:

• in relation to whom it is sent - full name, position of the bailiff, in whose proceedings the case is located;
• by whom it is submitted – full name recipient of alimony, passport details, registration information, telephone number;
• information about the document that served as the basis for collecting alimony - a court decision or a notarial agreement on payments;
• information about the writ of execution, its details, including the date of issue;
• the essence of the complaint is the bailiff’s dishonest performance of his duties or his inaction, which resulted in the fact of non-payment of the alimony debt;
• please inform the complainant about measures to respond to the complaint;
• a list of documents attached to the complaint;
• handwritten signature;
• number.

A sample complaint against a bailiff for alimony is available.

What documents need to be attached to the complaint?

The list of documents is not very large

• a copy of the alimony recipient's passport;
• a copy of the child’s birth certificate, if payments are collected to his address;
• a copy of the court decision or notarial agreement on the collection of payments;
• copy of the writ of execution;
• certificate of the amount of debt incurred.

A certificate about the amount of alimony debt accrued by the defendant is also issued by the bailiffs to the recipient, based on the application they receive. When contacting, it is important to inform the service specialists whether the payer has ever transferred transfers to the child’s address, if so, in what amount and when. Receipts of transfers must be provided as confirmation.

A complaint about the inaction of a bailiff regarding alimony is always individual in nature, since the requirements for each case are different. Someone informs the bailiffs in writing about the payer’s hidden income, and someone asks to impose a fine on the debtor. Based on this, there is no single sample of complaints against bailiffs regarding alimony in nature.

Proof of Inaction

The first thing the claimant needs to do is to obtain from the bailiff the documentation available in the proceedings, which will confirm his failure to perform any actions aimed at executing the court decision or order.

Expert opinion

The mere fact of non-payment of alimony does not mean that the bailiff is inactive. Perhaps, on the contrary, he fulfilled all the measures provided for by law: he requested information about the debtor from all authorities, carried out a search for property and funds, restricted the debtor from leaving the Russian Federation, etc. The bailiff could perform all these actions on time, but payments never arrive, for example, due to the difficult financial situation or illness of the debtor (or other valid reasons). In general, you need to know the following: unfounded accusations of a bailiff’s inaction are illegal. In order to complain about a FSSP employee, you must first prove (support with documents) the fact of his inaction. Filing an unsubstantiated complaint can simply be a waste of time - it will take a month to consider, and the result will be a refusal.

To collect evidence you will need:

• Collect procedural documents, such as a resolution or court order, a copy of the writ of execution, a resolution to initiate enforcement proceedings, as well as notifications and envelopes confirming the fact of sending a letter to the FSSP and receiving the correspondence by the bailiff.
• Prepare an application for provision of information about the progress of production or for familiarization with process materials.
• Submit a corresponding application to the FSSP.
• In due time, receive a response from the bailiff or familiarize yourself with the case materials.

All parties, including the claimant, have the right to familiarize themselves with the materials of the enforcement proceedings, therefore any refusal by the bailiff is illegal. You can photograph the materials or record the number of the required papers and request in writing certified copies of the relevant pages. This right is enshrined in the law (excerpt from Article 50 of Law No. 229-FZ “ On Enforcement Proceedings”):

“ Parties to enforcement proceedings have the right to familiarize themselves with the materials of enforcement proceedings, make extracts from them, make copies from them , submit additional materials, submit petitions, participate in the performance of enforcement actions, give oral and written explanations in the process of carrying out enforcement actions, and present their arguments on all issues arising during enforcement proceedings, object to petitions and arguments of other persons participating in enforcement proceedings, file challenges, appeal the decisions of the bailiff, his actions (inaction) , and also have other rights provided for by the legislation of the Russian Federation on enforcement proceedings "

Source: Consultant.ru

USEFUL INFORMATION: Application for familiarization with the materials of enforcement proceedings, sample

If there is no response, or it is clear from its text, as well as from the case materials, that the bailiff did not take all the necessary actions, you can move on to the next stage - preparing a complaint using one of the available methods.

Before this, you need to figure out what exactly the FSSP employee must do according to the law.

Complaint to bailiffs about non-payment of alimony by the debtor

Along with a complaint against bailiffs for collecting alimony due to inaction, you can also complain against the defendant for not paying alimony. In such a complaint, it is important to indicate the following points:

• since when funds have not been transferred;
• if transferred, then how much is missing from the required amount of monthly payments;
• indicate the account details for receipt.

Such a complaint is also made in any form. An approximate sample of a complaint to the bailiffs about non-payment of alimony is available.

Procedure and duties of the bailiff in the framework of forced collection of alimony payments

Initiation of compulsory collection is carried out in accordance with executive documents or orders of an official. In view of this, the recipient of alimony applies to the federal bailiff service with an application to initiate proceedings. After the decision is published by the FSSP employee, a notice is sent to the defendant.

The text of the act specifies the deadline for voluntary payment of the debt. In addition, the paper contains a requirement to provide explanations regarding the reasons for late payments, since they may be valid.

Responsibilities of the bailiff within the framework of enforcement proceedings:

• send a call to the alimony officer to obtain clarification on the case;
• request information from the traffic police, Rosreestr and the employer about sources of income and property;
• submit for execution of IL at the debtor’s place of work for monthly deduction of funds from salary;
• visit the citizen’s registration address to conduct an assessment and inventory of material assets;
• initiate search activities if there is no current information about the payer;
• submit a petition to open a case under the Criminal Code of Russia;
• impose penalties.

Detailed information about the powers and responsibilities of FSSP employees is specified in Federal Law No. 229 (with the latest amendments and additions of 2020).

Watch the video: “Search for alimony by bailiffs. Video ban.”

Legal framework and liability for inaction

In the process of executing the decision of the higher authority, the FSSP employee is obliged to adhere to the current laws and not to infringe on the interests of the parties (see Federal Law No. 229 and Chapter III of Federal Law 118. Failure of bailiffs to collect alimony is regarded as an offense.

There are several types:

1. Procedural. Ignoring or failing to comply with the period allotted for the preparation and consideration of papers.
2. Factual. Refusal of a service employee to carry out any enforcement measures, including search, withholding of alimony payments from income, inventory of property.

Regardless of the format of inaction, the collecting party has the right to complain about the court and seek execution of the court order.

When filing a claim, you should indicate what the offense is, for example:

• deliberate failure to meet deadlines for filing a claim;
• failure to satisfy the request for materials on the case;
• the debtor agreed to pay off the alimony arrears, but the bailiff put the property up for auction;
• More than 70% is written off from the defendant’s wages.

It is necessary to write a complaint with references to the current regulations that were violated, including the interests of the recipient of alimony.

Who handles complaints?

First of all, you can report your inaction to the bailiff who is handling the case. There are thousands of cases collecting dust on the shelves of FSSP employees; it is sometimes simply impossible to take the maximum prescribed measures for each of them due to the workload. Having received a complaint addressed to him, most likely, the bailiff, for fear of being punished, will finally take the measures required against the debtor. In any case, we will hurry up to make all inquiries regarding him.

The next official to whom you can express your dissatisfaction with the work of the service as a whole is the senior bailiff or the head of the district bailiff department. But the meaning changes little when changing the addressee. 99% that the complaint sent will be assigned for execution to the bailiff who opened the case.

The address of the desired bailiff department can be found on the official website of the service. All contact numbers and reception hours for specialists are also posted there.

And finally, as a last resort, you can complain to the prosecutor's office. An appeal to the Prosecutor's Office is very similar to a statement sent to the bailiffs. However, it has its own distinctive features. A complaint against bailiffs addressed to the Prosecutor's Office must contain:

• the name of the Prosecutor's Office to which the appeal is submitted;
• FULL NAME. applicant, passport details, contact phone number;
• the essence of the appeal is the failure of bailiffs to take proper measures in their work;
• a link to all documents related to the case (all copies must be attached);
• reference to a normative act giving the right to protect one’s interests by sending appeals to the supervisory authority;
• list of attached papers;
• personal signature;
• number.

As a rule, appeals to the Prosecutor's Office regarding the inaction of the bailiffs bring the most tangible results, and the issue of debt collection begins to be resolved quickly. If the prosecutor to whom the appeal was written is convinced, based on the results of the inspection, of the inaction of the FSSP employee, then he will be issued an appropriate order to immediately eliminate the shortcomings.

What to do if the bailiffs are inactive

A complaint against the bailiff, which is written if the debtor does not pay alimony and the bailiffs are inactive, is filed in the order of subordination.
Options for complaining:

• A senior bailiff to whom a person who does not want to perform his official duties is subordinate.
• If you know that the inaction is authorized or not condemned by the authorities, then a complaint can be submitted to the chief bailiff of the constituent entity of the Russian Federation where the FSSP branch with which you are dealing is located.
• You can complain to the chief bailiff of the Russian Federation about the decision of the chief bailiff of the subject.

You can submit a complaint against bailiffs regarding alimony to their superiors either personally or through them. In the latter case, they are obliged to transfer it to the addressee within 3 days. You can withdraw a complaint before the moment when a decision is made on it.

Where can I complain about the inaction of bailiffs in collecting alimony for greater fidelity? At the same time, you can file a complaint with the court of general jurisdiction at your place of residence.

If he doesn't pay child support, what laws are there? Another lever of influence is to contact the prosecutor’s office - according to Art. 19 of the Law “On Bailiffs”, it is the Prosecutor General who supervises the implementation of the law by bailiffs in the performance of their direct duties.

How to submit an application to the prosecutor's office (sample)

When writing a complaint, the following information must be indicated in the text:

• The name of the person filing the complaint and the person against whom it is being filed,
• The residential address of the citizen who applied to the prosecutor’s office, his contact information,
• The address of the FSSP unit where the person whose inaction you want to complain about works,
• The essence of the complaint, including the evidence base,
• Your requirements,
• Other information that may be useful when making a decision.

You can send a letter electronically through the Internet reception of the prosecutor's office of your locality. For example, for residents of Krasnodar, the address https://prokuratura-krasnodar.ru/internet-priemnaya will be relevant. Here you will find a ready-made form that needs to be filled out. The main thing is to present everything clearly, clearly, to the point, without emotion, otherwise consideration will be denied.

The second way is to send a letter via Russian Post (it’s good if it’s registered, even better if it’s with return receipt requested.

The third way is to bring it personally to the prosecutor's office and make sure that the letter is registered in the list of incoming correspondence.

The maximum period within which a response will be given to you is 30 days from the date of receipt of the letter for work.

A sample complaint against a bailiff to the prosecutor's office is as follows:

How to apply to court (sample)

You can file a complaint against a bailiff in court at the same time as submitting it to his immediate superiors.

How to write a complaint to the court if alimony is not paid:

• Indicate the name and address of the court,
• Data of the plaintiff (in addition to personal and contact information, it is indicated in which category he belongs - the recoverer or the plaintiff),
• Bailiff's details (full name, address of the unit where he works, position, contacts),
• Name of the claim (and it is an administrative claim that is filed in court),
• Descriptive part - here the essence of the claims that you have against the bailiff is stated. Facts, figures, and dates must be provided.
• The final part indicates a specific requirement - to recognize the inaction of the specified official as illegal.

All documents that are attached to the claim are listed in the text. This must be a copy of the plaintiff’s passport, a copy of the IL, a response to a complaint previously filed with other authorities or the senior bailiff (if any).

Such a claim is not subject to state duty and is considered within just 10 working days.

Example text:

Deadlines for submission and review

The period during which you can file a complaint against a bailiff for alimony is unlimited. This can be done at any time during which payments are due. Alimony for a child, for example, until he reaches the age of majority, for a disabled ex-wife - until her working capacity is restored, for a wife on maternity leave - until the child is three years old. Among other things, Part 2 of Article 107 of the Family Code allows recipients to claim arrears of alimony for the previous three years. Moreover, this can also be done by an 18-year-old son or daughter, to whose address payments were previously made.

The period within which officials are required to consider a complaint and take appropriate response measures is classic - 30 days. The deadline begins to run from the moment the complaint is dated by an employee of the service office.

What powers do performers have?

The head of the bailiff has the right to bring his subordinate, who does not properly fulfill his official duties, to disciplinary liability. Extreme measures may include removal from the position or dismissal. Other punishments include: reprimand, reprimand, warning about incomplete official compliance. If an employee makes an unfounded decision, the senior bailiff is authorized to cancel the document.

The prosecutor has the right, on his own behalf, to challenge the identified inaction in court. Lack of activity will be considered illegal if the FSSP employee had the opportunity to perform all required actions within the required time frame, but did not do so.

Example. During the proceedings, it was established that the “alimony worker” does not work, that is, he does not have a stable income. No measures were taken to identify property that could be foreclosed on. Consequently, in this situation the fault of the FSSP official is seen.

The responsibility for proving the validity of the reasons that caused the inaction rests with the bailiff himself. If it is established that the legitimate interests of the party receiving alimony have been violated, the judge will make a decision on the need to bring the negligent civil servant to justice. The prosecutor is also authorized to present the head of the FSSP with a demand to take punitive measures against the culprit. The senior bailiff will be required to report in writing on what punishment his subordinate suffered.

When committing an official crime, for example, when receiving a bribe from a debtor father, the court will hold the service employee criminally liable under Article 290 of the Criminal Code of the Russian Federation. If abuse of power is revealed, the sanctions provided for in Article 286 of the Criminal Code of the Russian Federation will be applied to the culprit.

What results might there be? Practice

Practice shows that the initiative of the claimant in enforcement cases of alimony is of great importance. Often, the persons in whose interests the collection is carried out are able to convey to the bailiff important information about the debtor, which he had not previously implied. In most cases, bailiffs respond immediately to complaints received from citizens. And if nothing can be done, then at least the applicant will be explained all his rights.

Thus, filing a complaint against bailiffs regarding alimony issues is an unpleasant, but worthwhile procedure. Most often, it activates the work of bailiffs. The complaint is made in any form. It is important to write down all the significant details of the case. The deadline for making a decision on it is 30 days.

Smirnova Anna Vladimirovna

Lawyer at the Legal Defense Board. Specializes in handling cases related to divorce proceedings and alimony payments. Preparation of documents, incl. assistance in drawing up marriage contracts, claims for penalties, etc. More than 5 years of legal practice.

Preparing and filing a complaint

Before filing an application, you should make sure that a violation was actually committed - you can consult with lawyers about this. Then you need to collect evidence of the violation, and only after that you should start drafting it. It is necessary to do this correctly, indicating all the details required for submission - otherwise the application will not even be considered.

• submit an application in writing;
• indicate in it such information as the name, telephone number and residential address of the applicant;
• indicate data indicating an inactive bailiff.

When writing, you should refrain from expressive expressions and judgments, as well as any aggression. It is imperative to clearly formulate what exactly the problem is and how the rights were violated. This needs to be stated concisely and to the point, but with all the important details mentioned.

In addition to pointing out the problem, the applicant must also state his own position and justify it legally - with references to the relevant articles of legislation.

The text of the application ends with demands - what exactly the applicant wants to achieve with the appeal. For example, when applying to the court, the wording “I ask you to recognize the actions ... as illegal” is used, after which the person whose actions should be recognized as such and the reasons for which this is required is indicated.

The document is signed either directly by the applicant or by his representative. In the second case, you will need to attach a power of attorney giving the right to represent the interests of the applicant.

If there is written evidence of what is stated in the complaint, they are also attached to the application. This is not necessary: ​​if the application is correctly completed, it will be considered without them. However, having evidence will speed up the process and increase the chances that a decision will be made in the applicant's favor.

Another way to increase the chances of a successful outcome is to file a complaint collectively. If an entire group expresses grievances, the complaint will be given priority and the investigation will be conducted more thoroughly.