Collection of alimony through bailiffs: sample application, documents, procedure. inaction of bailiffs in collecting alimony: where to complain, what to do.

The article is devoted to the problem of inaction of bailiffs in cases of alimony collection. You will learn how to file a complaint, where to file it, and what results it will bring.

The inaction of bailiffs is one of the common problems faced by citizens involved in alimony collection proceedings. It is no secret that the general legal order and the fate of specific people are based on the literacy and timely execution of a court decision. In this regard, many of us are wondering: what to do and where to complain about the inaction of the bailiff.

What to do?

The only legal way to influence an official in the event of his inaction is a complaint. All the following sections will be devoted to the order of writing it, the rules for submitting it and further actions after receiving it.

Who is eligible?

Participants in the proceedings can file a complaint against the bailiff’s inaction:

recipient of alimony;
debtor;
prosecutor;
a representative of the guardianship authority acting in the interests of minors or incapacitated persons in cases of collection of alimony, recognition of property rights of a person, return of debt in his favor, and others.

When can I make a claim?

Interested parties have the right to make claims against the work of an official in any case if they believe or perceive a violation in it. The most common situations when citizens complain about the inaction of a bailiff include:

collection of alimony;
failure to take measures to demand money or force the fulfillment of other material obligations;
completion of the period of enforcement proceedings without actual execution;
seizure of property carried out without providing the debtor with the opportunity to voluntarily repay the existing debt;
refusal to provide materials to a person entitled to do so.

The injured party has the right to protect the interests by filing a complaint with the manager, the prosecutor's office, or the court. The processing of appeals in each of these authorities has its own characteristics, so they should be considered separately.

Senior bailiff

A citizen can file a complaint in accordance with jurisdiction in two ways:

the immediate head of the local FSSP unit;
management of the regional department.

In the first case, the application is considered within 10 working days. An internal check is carried out against the executor of the judicial act. The manager requests materials from the enforcement proceedings to collect alimony for personal study.

If necessary, he issues a documentary order to the bailiff to carry out appropriate actions within a certain period of time and personally controls the further “fate” of the order.

Often, a manager limits himself to an oral remark , which has no less legal force than a document. As part of the order, the bailiff collecting alimony is obliged to do the following:

take measures to search for the debtor’s property, if necessary;
seize his movable and immovable property;
send inquiries to banks and credit institutions about the availability of funds in accounts;
find out the availability of wages or other regular income of the alimony worker;
sell seized property if it is impossible to repay the debt.

Based on the results of the internal audit, the applicant is given a written response with the possibility of further appeal or appeal to higher authorities. The response contains all the information about the work that the bailiff did to collect alimony.

When filing a complaint about the inaction of bailiffs in collecting alimony to the regional department, it is sent to a lower division, then considered in the manner already described.

Despite the fact that the regional SSP does not take action on the appeal, it is still under the control of senior management. In this case, the review period is 15-20 days .

To the prosecutor's office

The task of the prosecutor's office is supervision and control over compliance with the law in the work of government agencies, private companies and individuals. The inaction of the bailiff in cases related to the collection of alimony is a direct violation of the law, and the injured party has the right to appeal to the supervising organization.

An application is submitted if the complaint within the jurisdiction has not brought results or the content of the response to it does not suit the party. You should contact the prosecutor's office at the location of the authority of interest. The review period is 30 days . The prosecutor who accepted the complaint, as in the first case, requests materials for verification.

Often, the bailiff himself, who is involved in this collection of alimony, is called in for a conversation; if real inaction on his part is detected, a prosecutorial response is issued in the form of a proposal to eliminate the violations committed, as well as a warning about the inadmissibility of violating the requirements of the law.

These acts are sent to the immediate superiors of the bailiff conducting the case of alimony collection for execution, and to the superior head for information. If necessary, other participants in enforcement proceedings can obtain these documents for review.

After this, the bailiff who committed inaction is obliged to take all possible measures to collect alimony and report to the prosecutor within the prescribed period. Which, in turn, provides a written response to the applicant about the work done.

To court

A complaint about the inaction of a bailiff conducting a case for collecting alimony is filed with the court in the form of an administrative claim. This is the same complaint, but drawn up according to the rules of procedural document flow.

The requirement is to recognize the inaction as illegal; it is often supplemented by a clause on the obligation to take enforcement actions to collect alimony.

Note! Going to court presupposes compliance with the procedure for pre-trial dispute resolution. This means that you should first complain to the official’s superiors, the prosecutor, and only after that - to the court.

Pros and cons of going to court

The disadvantages are that the judge is deprived of the right to:

force someone to take action and set a deadline for it;
bring him to administrative or disciplinary liability;
determine the exact list of measures to collect alimony.

The advantages of an administrative claim are:

the possibility of compensation for moral damage, the existence of which must be proven;
high guarantee that the decision will be made in favor of the plaintiff;
publicity and openness of the process, as a result of which the plaintiff sees and understands the essence of what is happening.

Documentation

Copies of the following are attached to the administrative claim:

plaintiff's passport;
responses to previous complaints;
other evidence of the bailiff’s inaction in collecting alimony.

The list of papers is not absolute. The court, at its discretion, requests documents of interest to it from the plaintiff or other participants in the proceedings. A decision on an administrative claim is made 10 days after the filing of the appeal.

In the decision, the judicial authority can satisfy the plaintiff’s demands and recognize the bailiff’s inaction as illegal, oblige him to comply with job descriptions regarding the collection of alimony.

If during the process it turns out that the contractor took all the necessary measures, but they did not bring the desired result, the complaint will remain unsatisfied.

It is important to know that a complaint about the bailiff’s inaction in collecting alimony is not subject to state duty.

Form and content of the complaint

The law does not impose strict requirements on the content of a complaint about the inaction of a bailiff in collecting alimony, which is addressed to its management or to the prosecutor's office. The main thing is that the document clearly reflects the essence of the problem and is drawn up in Russian.

Like that:

Its form is the same as any other application addressed to government authorities.

The appeal to the prosecutor's office must contain references to the laws that, in the applicant's opinion, the official violated through his inaction. In addition, the requirement to restore the diminished right, conduct a prosecutorial investigation and bring the perpetrator to justice is indicated.

If the complaint is addressed to the management of the executor of the judicial act, then here we can limit ourselves to a request to oblige him to perform the necessary actions.

The “header” of the form indicates the name of the addressee, passport details, full name and address of the originator. The name is written in the center - a complaint about the inaction of the bailiff in collecting alimony or in another matter.

You can download a complaint form or a sample document on our website or thematic sites on the Internet, or you can obtain it from the office of the SSP department. You should not use documents drawn up in 2016 as a template, since they have lost their relevance in 2 years.

Download a sample complaint about the inaction of a bailiff

As for the administrative statement of claim, the plaintiff is obliged to comply with the strictly established procedural form and know the peculiarities of its writing.

First of all, it is important to correctly indicate the name of the document. The word “complaint” is not used here, but “administrative statement of claim” .

The header of the claim indicates the name of the court, full name, place of residence and passport number of the applicant, the name of the FSSP unit, full name of the official and details of the enforcement proceedings.

It is recommended that the content of the application include references to the imperative requirements violated by the bailiff.

A complaint about the bailiff’s inaction in collecting alimony cannot contain obscene expressions or phrases that offend the dignity of third parties. Otherwise, the appeal will not only be returned without consideration, but its author may also be subject to administrative liability.

Methods

You can file a complaint about the bailiff’s inaction in collecting alimony in person or by mail. In addition, the law makes it possible to contact the FSSP through its web resource. However, there is no one hundred percent guarantee that the appeal will be considered, since the Bailiff Service is considered one of the most irresponsible structures in this sense.

In order for the violation to be definitely excluded and the case to proceed, the complaint should be submitted personally, in writing. It is drawn up in two copies, one of which is given to the office employee. The second one is stamped with acceptance. If there is no response to the complaint within the prescribed period, the complainant will be able to confirm his appeal.

If the complaint is filed via mail, it should be sent by registered mail with return receipt requested . When the addressee receives it, a corresponding notification with his signature will be sent to the sender. This sending method is recommended in all cases where the sender needs confidence that his letter will be received.

Application deadlines

A citizen has the right to file a complaint about the lack of enforcement measures within 10 days from the moment he became aware of it. This period is very conditional since only the bailiff himself can name a specific date for the start of inactivity.

In some cases, the fact of inaction can still be marked by a temporary period. For example, when an official makes an illegal decision to refuse to familiarize himself with documents of enforcement proceedings or to sell the property of an alimony payer without giving him the opportunity to pay off the debt voluntarily.

Under these circumstances, a claim for the bailiff’s inaction in collecting alimony is filed within 10 days.
Video on the topic: bailiffs do not want to work.

Where to complain about bailiffs regarding alimony?

Home » Alimony » Where to complain about bailiffs regarding alimony?
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The bailiff service provides assistance in collecting debts under a court decision or a notarized agreement on the payment of alimony when the payer refuses to fulfill his obligations voluntarily.

But sometimes the bailiffs themselves can be caught in dishonesty. Negligence in work, violation of human rights or abuse of official authority should not go unpunished. The applicant has the right to protect his legitimate interests or the interests of his ward by contacting the competent authorities. How to do this correctly is described below.

Tasks and powers of bailiffs

The responsibilities of officials included in the structure of the FSSP (Federal Bailiff Service) are dictated by Federal Law No. 118-FZ.

According to Art. 12, they are as follows:

Ensuring the correct and timely execution of judicial acts or agreements on the payment of alimony.
Providing access to materials of enforcement proceedings to the debtor, claimant and their representatives, issuing them the necessary certificates and copies.
Responding to requests, statements and petitions of the parties, explaining the procedure for enforcement proceedings and appealing against decisions made.
Self-removal from a case with personal interest in its course and results.
Taking measures to find the debtor, his property or child.
Initiation and conduct of cases of administrative offenses (in cases where there is evasion of alimony payments).
Transfer of production materials for consideration in accordance with the Criminal Procedure Code (to suppress the actions of a willful defaulter).

At the same time, bailiffs also have a list of powers that they have the right to exercise during enforcement proceedings. Among them:

Arrest, seizure, transfer to storage and sale of the debtor's property.
Conducting an inspection of employers regarding the execution of an order to withhold alimony.
Inspection of premises and storage facilities occupied or owned by the debtor.
Obtaining personal data or other necessary information about the debtor and the collector.

The listed rights and obligations are valid only within the framework of enforcement proceedings and with the personal impartiality of the official.

The procedure for interaction with the bailiff service

Enforcement proceedings are initiated on the basis of an application from the claimant (his representative) and a court order or a notarized agreement in the bailiff service at the place of registration of the debtor (his property).
An interested person has the right to apply for documents at any time, as long as the requirements for the collection of alimony remain relevant.
Further, the authorized official, if necessary:

Requests from the claimant the missing information.
Notifies the debtor of the commencement of enforcement proceedings.
Searches for the alimony holder and/or his property.
Reveals the amount of income and the value of the payer’s personal material assets.
Seizes property, confiscates it, and puts it up for auction.
Provides the debtor’s employer with the data necessary to deduct alimony from his salary.
Initiates and considers a case of administrative violation.

After the requirements for the collection of alimony are satisfied, the enforcement proceedings are completed, and a decree is issued by the bailiff.

Reasons for complaints

Motivated reasons for dissatisfaction with the work of a bailiff may be:

Disclosure of personal data and/or its use outside the framework of enforcement proceedings.
Lost documents.
Excess of official authority (unjustified use of force, misappropriation or use of property from seized assets).
Incorrect, insulting treatment of the debtor/collector.
Inaction.
Violation of the terms of enforcement proceedings.
Corrupt practices.
Reasonable doubt about the impartiality of the bailiff, dissatisfaction with his work.

A complaint about the actions/inaction/decision of the bailiff should not be unfounded. It must be accompanied by evidence of violations committed by the official.

A message about incorrect work of the bailiff can be sent to:

In order of subordination to the management of the official.
To court.
To the prosecutor's office.

Participation in appealing the listed authorities is not mutually exclusive - the applicant has the right to seek help from the head of the offender, the court and the prosecutor's office at the same time.

Appeal procedure

The Federal Law “On Bailiffs” and “On Enforcement Proceedings” provides for several options for appeal. You can resort to them simultaneously or sequentially.

Consistent appeal to the competent authorities in this matter is more convenient because it allows you to avoid unnecessary actions, thereby saving the applicant’s resources. For example, there is absolutely no need to draw up and file a lawsuit if the issue of the offense will be resolved locally, thanks to the influence of the senior bailiff.

Simultaneous involvement of all authorized authorities helps to save time in cases where the interested person is not sure of the effectiveness of contacting only one of them.

And, if the applicant fails somewhere, he will have a chance to get a fair settlement elsewhere.

However, it should be noted that the acceptance of an appeal by the court suspends consideration of the issue in the order of subordination.

And in any case, he needs to learn about the procedure for appealing the violations of the bailiffs by all available means.

To the management

A complaint to superiors must be submitted in the following order:

For a bailiff or deputy senior bailiff - the responsible official (senior bailiff).
For a resolution issued or approved by a senior bailiff - to the chief bailiff of a constituent entity of the Russian Federation.
For officials of a unit of the Federal Bailiff Service, the chief bailiff of the subject - the chief bailiff of the Russian Federation.

An appeal in the order of subordination is possible within 10 days from the date of the unlawful decision, the commission of an action or the discovery of the inaction of an official. And in some cases, the report begins to be kept from the moment not when the violation actually occurred, but when the interested party learned about it.

An authorized service employee is also required to review the application within 10 days. This period begins from the day the complaint is received.

It will take about 10 more days to implement the decision made as a result of the appeal. Its subject may be:

Recognition of an unlawful resolution as invalid in whole or in part.
Cancellation of an act adopted during enforcement proceedings and the obligation of the bailiff to issue another resolution.
Cancellation of a subordinate’s decision and independent adoption of a new one.
Recognizing the actions (inactions) committed by the bailiff as unlawful and determining measures to resolve the situation.

A copy of the decision must be given to the applicant within 3 days from the date of issuance.

When an appeal will be refused

The complaint is rejected in the following cases:

The subject of dissatisfaction is a resolution on the appointment of an enforcement fee (expenses associated with the collection of alimony) or a report on an appraisal of the debtor's property.
The applicant missed the appeal period without filing a request for reinstatement or it was rejected.
The application was drawn up in violation of the rules and forms established for this purpose.
The complaint has already been resolved by the court on its merits.

The decision to reject the complaint is made within three days from the date of its filing, and it can also be challenged in court or with a higher bailiff.

To the prosecutor

The prosecutorial supervision body reviews offenses committed by officials, federal bodies and services. In particular, you can complain to the Prosecutor General about the unlawful acts of the chief bailiff of the Russian Federation.

The best way to contact him is to fill out the feedback form on the official website of the Prosecutor General's Office. To do this, you need to follow the link - https://ipriem.genproc.gov.ru/contacts/ipriem/ - and, following the prompts, compose and submit an email.

You can also send him an appeal by mail to the address: GSP-3, 125993, Moscow, st. Bolshaya Dmitrovka, 15a.

The period for consideration of the application in this case will be no more than 30 working days.

To court

You can challenge acts issued by the bailiff service in court. To do this, the applicant needs:

File a complaint.
Collect evidence base.
Submit documents to the district court at the location of the bailiff service.
Come to court on the appointed day and time to participate in the proceedings or submit a petition to consider the case in your absence.
Wait for the result of the review.

A copy of the final decision in the case will be sent to the bailiff service for further execution if it contains instructions regarding the elimination of offenses or the cancellation of the issued decision.

The period for resolving the issue in court should also be no more than 10 days.

The form and content of the complaint are established by Art. 124 Federal Law No. 229-FZ.

It is drawn up in writing and signed by the initiator of the appeal or his official representative, with the obligatory indication of the following data:

Full name, position, unit name of the offender.
Full name and place of residence of the applicant.
The essence of the problem (description of unlawful actions, inaction, or an indication of a decision made in violation of the law), the basis for the appeal.
Requirements made by the interested party.

You should make copies of the signed application for yourself and other parties to the process.

Sample complaint against a bailiff for alimony 2023

A typical example of an application to appeal an FSSP official can be found below.

Sample complaint against a bailiff dated 2023:

Download a sample complaint

Required documents

According to paragraph 3 of Art. 124 of the Federal Law “On Enforcement Proceedings”, documents and evidence of the circumstances set out in the complaint do not need to be attached to it. But, if it is not possible to resolve the issue on the merits without them, the authorized person has the right to ask the applicant to provide him with the necessary information.

In this case, the consideration of the case may be suspended for up to 10 days. Therefore, in order to avoid a long delay, it is recommended to prepare the papers in advance.

Depending on the circumstances, you may need to:

Power of attorney addressed to the representative.
Child's birth certificate.
Executive document (court order, decision to determine a fixed amount of alimony, notarized agreement).
An assessment report of the debtor’s property, a certificate of his income.
Certificate of marriage or divorce.
Evidence of an official's wrongdoing.

The list of required documents can be added or shortened. You can find out what must be in it from competent specialists.

Retraction

A complaint is not the only way to achieve a lawful course of enforcement proceedings.
If the collector and/or debtor suspects the bailiff of partiality (personal interest in the results of the consideration and progress of the case), they can challenge him.
This issue falls within the competence of the senior bailiff or his deputy and is resolved within three days from the moment of filing, but before the start of enforcement proceedings (in exceptional cases, an application for challenge can be filed later if the party to the process did not know about the official’s interest earlier).
If successful, the bailiff is replaced by another, guaranteed impartial official.

After receiving a writ of execution for the collection of alimony, the applicant may face a new problem - how to force the bailiff to work and finally receive the money due. Dealing with it is not so easy, and appealing according to the established procedure does not always lead to guaranteed success.

To increase your chances of success, it is important to seek help from our lawyers in a timely manner. They will quickly and substantively answer your question, and, if necessary, will take the process of resolving it under special control. To do this, you just need to write to them using the feedback form or call the number relevant for your region.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

describe your situation to a lawyer in an online chat;
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Where to complain about bailiffs regarding alimony?

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After a court decision on alimony is made, court employees issue a writ of execution for the collection of alimony. If the case was considered in the order of writ proceedings, then the judge issues a court order, which, in its legal force and meaning, is a writ of execution.

The applicant has the right to decide for himself whether to apply for forced collection of alimony or not, but as a general rule, the execution of a court decision in this part is carried out immediately. On the same day after the judicial act is issued, a writ of execution is drawn up and submitted to the FSSP for execution.

Thus, the legal act on the basis of which the collection of alimony in Russia begins is an executive document, which can belong to one of three types:

Agreement on payment of alimony.
Court order.
Performance list.

The alimony agreement is subject to enforcement through the bailiff service only if it is notarized when concluded by the parents.

What does a bailiff do in alimony cases?

After being handed over to the recipient, the writ of execution is most often transferred to the FSSP body and goes to one of the bailiffs (Bailiffs), who must take measures to collect alimony from the payer within no more than two months.

To fulfill this duty, the bailiff is vested with the following powers:

Call for explanations from the parties to the enforcement proceedings (recipient and payer), as well as third parties related to the case.
Obtain the necessary information by sending requests to state and municipal authorities, other organizations, or even visiting them in person.
Control the transfer of alimony by the payer’s employer.
Establish the amount of the debtor’s property by visiting (in some cases opening) the premises belonging to him.
Enter the defendant into the unified database of FSSP debtors (a person included in this database temporarily loses a number of rights - for example, to drive a vehicle, travel abroad, etc.).
Seize the payer's bank accounts.
Seize property, transfer it for safekeeping and further sale in favor of the claimant.
Take measures to find the debtor, and in case of malicious evasion, initiate criminal proceedings against him.
Collect documents for the court to declare the defendant missing.

Due to the high workload, as well as for other reasons, including the not always sufficient qualifications of the bailiff, very often claimants remain dissatisfied with the actions of the bailiff conducting their proceedings. In such cases, citizens have the right to file a complaint against such a negligent employee.

The most common bailiff violations are:

Refusal to seize property or account;
Reluctance to carry out search activities;
Illegal seizure of property or accounts;
Incorrect calculation of alimony or its deduction from income from which it is not withheld;
Illegal application of sanctions, including deprivation of a driver’s license, ban on traveling to the border, etc.

Other violations by the SPI are also possible.

What can you appeal against the bailiff’s actions regarding alimony?

Any action of the FIR that in one way or another violates the applicant’s right to timely and full receipt of alimony in the manner and amount established by the executive document is subject to appeal.

As practice shows, bailiffs rarely commit specific and deliberate actions aimed at infringing on the legal rights of recipients, therefore 95% of all complaints are related precisely to the inaction (imaginary or actual) of an FSSP employee.

Both the creditor and the debtor can complain against the bailiff if his legitimate interests were violated during intentional or unintentional abuse by an FSSP employee.

For a better understanding of how to classify all the actions and activities carried out by him, he can divide the objects for appeal as follows:

Solutions. These are documented administrative and organizational actions of the bailiff. Formulated in the form of resolutions or definitions. This may be a decree to freeze the account or to terminate enforcement proceedings on alimony.
Actions. Not being a procedural decision of the will of the bailiff. Calling the debtor, for example, calling him regularly, refusing to hold a reception, or, conversely, inappropriate behavior at the reception.
Inaction. Refusal to perform certain actions within the powers of the bailiff within the framework of alimony proceedings and objectively necessary for the successful conduct of enforcement proceedings.

It is worth understanding that it is not always possible to literally and accurately describe the actions of the bailiff.

Example. The bailiff does not take measures to seize the debtor's movable property to pay off the debt. The bailiff does not respond to written requests from the claimant, and no additional actions are taken. The application to calculate the penalty on the debt also remained unanswered. This is pure inaction of the bailiff.

Example 2. The SPI illegally seized the account that received funds from the sale of an apartment and then withheld ¼ of it as alimony from income.

The debtor's appeals that income from the sale of housing is not income were ignored.

Here there is both illegal inaction of the bailiff, expressed in ignoring the debtor’s requests, and illegal actions - in withholding alimony from funds from the sale of real estate.

To whom and how to complain about bailiffs

If the applicant’s calls and visits to the IRS conducting the proceedings are unsuccessful and alimony is still not paid or is not transferred in full, then a complaint against the FSSP employee can be filed with the following authorities:

To the management of the FSSP or to the FSSP Office for the region, if the violator is the head of the territorial (district) department of the FSSP.
To the prosecutor's office at the place of activity of the FSSP.
To the court in the manner regulated by the CAS of the Russian Federation.

Practice shows that the most effective way, but the longest, is a complaint to the court. The leadership of the FSSP rarely admits the mistakes of their subordinates, and the powers of the prosecutor's office in terms of control over the collection of alimony are limited only to supervisory functions.

How to write a complaint?

Depending on the chosen method of protection and the body to which you plan to file the complaint, both its form and content will differ.

Each of the directions - the court, the prosecutor's office, a senior official of the FSSP - dictates its own characteristics of drawing up the document. But the most difficult, and at the same time the most effective, remains a complaint to the court against the actions of the bailiff regarding alimony.

Head of the FSSP division

The document filed in this case will be called a complaint or application. The document does not have a strictly established framework, however, it must necessarily contain the following data:

Indication to the head of the FSSP unit (senior bailiff).
Contain information about the applicant - passport, as well as registration address and contact information.
The descriptive part should reveal the essence of the case on its merits: when and by whom the writ of execution was issued (date, number), when and by what legal action the proceedings were initiated, in what way the interests of the applicant were violated (for example, periods when alimony was not paid in full or was not paid at all) , what violations the bailiff committed and what they were expressed in.
The final part should contain the wording “I ask you to take action” with a request to verify the activities of the IFI or a specific requirement.
If possible, you can attach documents confirming the information contained in the complaint (for example, statements from the recipient’s personal account).
Date and signature with transcript.

Documents confirming the facts stated in it can be attached to the complaint. It is not necessary to attach materials from the enforcement proceedings, since the management of the FSSP itself will request the necessary materials to verify the arguments.

The complaint must be considered no later than 30 days from the date of its receipt by the head of the department or Office of the FSSP. There is no fee for filing a complaint with the FSSP.

To the prosecutor's office

At its core, a complaint to the prosecutor's office pursues the same goal as to the head of the FSSP. Therefore, such a document will have much in common with the previous one. But at the same time, there are a number of differences:

The complaint must be addressed according to the principle of territoriality - to the prosecutor of the area where the FSSP body conducting the proceedings is located.
The descriptive part also indicates the judicial act, and then lists the violations committed by the Investigative Committee in chronological order.
A reference to the normative act reflecting the citizen’s right to protection by the prosecutor’s office (Federal Law “On the Prosecutor’s Office”) and its specific powers in this matter is required.
The final part: a request is reflected to conduct a prosecutor’s inspection and bring the investigative investigator to justice (if violations are detected).
Date and signature with transcript.

You can also attach documents to the complaint that substantiate the circumstances stated in the document. The period for conducting a prosecutor's inspection is no more than 10 days, but can be extended (and most often extended) up to 30 days. A sample complaint is provided below for your reference.

To court

Unlike the two previous complaints, the document filed with the court will be called “Administrative claim challenging the actions of the bailiff.” It is sent to the judicial authority in whose jurisdiction the bailiff department is located, where the offending bailiff works.

The preparation and consideration of an administrative claim is carried out in accordance with Chapter 22 of the CAS of the Russian Federation - a fairly new normative act for Russian practice, which has not yet been “overgrown” with relevant practice.

The Applicant will act as an administrative plaintiff, and the negligent PIE will act as an administrative Respondent. It is important to set out in detail the nature of the violations, their duration and sequence. The list of evidence (usually documents) confirming the correctness of the claims of the plaintiff (alimony recipient) is very important.

The administrative claim will need to indicate:

Name of the court where the administrative application is filed;
Name of the applicant-plaintiff and defendant-bailiff;
Description of the circumstances of the case when it was opened. proceedings, what alimony was collected, what exactly the bailiff violated;
Justification with reference to laws, references to evidence;
A requirement for the bailiff related to his participation in alimony proceedings;
Personal date, signature, list of attachments.

All documents related to the case will need to be attached to the administrative claim. At a minimum this:

A copy of the applicant's passport;
A copy of the writ of execution;
A copy of documents on the opening of the Spanish production;
Documents confirming the illegal actions or inaction of the bailiff;
Other documents relevant to the case and mentioned in the statement of claim.

Documents are submitted in copies; it is better to submit the originals directly to the court for review or inclusion for entry into the protocol.

It is better to attach the certificates in the original, since they confirm some facts and are taken only for one-time use in court.

Fee for a complaint against a bailiff

Administrative plaintiffs are exempt from paying fees for applying to the courts to protect their rights.

In relation to the preparation of an administrative claim (complaint), additional clarification was also given by the Plenum of the Supreme Court Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 17, 2015 in its resolution number 50. Thus, in paragraph 16, it is clearly noted that claims filed due to challenging the actions of the bailiff , are not subject to duty.

Sample complaint (administrative claim) against a bailiff for alimony 2023

Independently drawing up an administrative claim against a bailiff for alimony is a very difficult task. Since 2017, after the final implementation of all provisions of the CAS of the Russian Federation, the procedure for appealing the actions of bailiffs has become significantly more complicated. Now an administrative claim against a bailiff is almost equal in complexity to a serious claim in civil proceedings.

You can always consult our lawyers before filing a claim. The sample below is provided for reference, so after starting or completing work on its preparation, be sure to agree on the form and content of the document with a lawyer.

Download the administrative claim against the bailiff for alimony

Need a lawyer

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Complaint against a bailiff for alimony, sample

Alimony obligations must be fulfilled by the payer. But in practice, most often the recipient has to initiate forced collection through the bailiff service, since the payer does not fulfill his obligations voluntarily. At the same time, the alimony provider is not the only one who evades payments.

Often the bailiff is also in no hurry to execute the court decision. What can be done to collect alimony if bailiffs are inactive? There is only one answer - to appeal the failure of the FSSP employee to fulfill his direct duties.

But before you fill out a sample complaint about the inaction of bailiffs regarding alimony, you need to familiarize yourself with the existing methods of appeal and determine which body is more profitable to contact.

Inaction of the bailiff: concept and features

In practice, forced collection of alimony is more common than voluntary enforcement. The reason for this is not only the indifference of the payer, but also the difficult economic situation. The alimony holder is unable to fulfill his obligation without significant damage to personal interests. But this does not deprive him of responsibility.

To obtain the result, that is, to execute a judicial act (or a notarized agreement, which also has the force of a writ of execution), the recipient of alimony applies to the bailiff service in order to force the collection of amounts.

Enforcement proceedings for the collection of alimony initiated by an employee of the FSSP (Federal Bailiff Service) do not always give the desired result. This happens for two reasons: due to the impossibility of execution or the inaction of a specialist.

The inaction of a bailiff is his failure to fulfill his duties aimed at executing judicial acts and writs of execution.

Inaction can take the following forms:

Violation of the deadlines for performing certain legally established actions, including the time for initiating proceedings and taking measures to arrest or confiscate property.
Failure by the bailiff to fulfill obligations established by law.
Other circumstances that can be regarded as inaction (for example, the debtor was not notified because the bailiff did not send the corresponding letter, the property was not seized, and so on).

In such circumstances, the claimant will have to take some measures to resolve the situation.

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.

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 law (excerpt from Art.

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

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.

Powers of the bailiff within the framework of forced collection of alimony

The duties of the bailiff during enforcement proceedings include:

Collection of information about the parties to the proceedings (in particular, about the debtor).
Timely execution of existing orders, decisions and documents.
Compliance with the Federal Law “On Enforcement Proceedings” and other legal acts.
Searching for information about the debtor’s employment, checking the place of work through a request to the employer or to the Pension Fund or the Federal Tax Service.
Notifying participants about the progress of proceedings, the issuance of acts and the conduct of events.
Calling the parties, if necessary, to obtain explanations.
Cooperation with other authorities for the purpose of executing a court decision.

In this case, the bailiff has the right to carry out the following actions:

Request information from the parties to the proceedings, as well as from government bodies and structures.
Seize the debtor's property, including his accounts, transport and real estate.
Transfer the defendant's property for sale (subject to the established procedure).
Fill out applications for clarification of decisions made by the court and other authorities.

That is, the bailiff must do everything necessary to execute the judicial act and the executive document issued on its basis, while acting strictly within the law. If an FSSP employee ignores his duties, the claimant can appeal his inaction, since in this case the legal rights and interests of the latter are violated.

Complaint about inaction: process and procedure

If an analysis of the situation, as well as available and received documentation, indicates the bailiff’s inaction and failure to fulfill his direct duties and powers, the claimant has the right to prepare a written claim:

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

A complaint may be filed with any of these organizations regarding the inaction of the bailiff in collecting alimony. A sample of writing a complaint to each authority can be found on our website.

A claim can also be filed in a case for the recovery of alimony penalties; inaction in this case is also illegal. In general, it does not matter whether the debt, regular payments, or penalties are collected: inaction entails the same consequences for the FSSP employee.

Each method has its own advantages and disadvantages and is used in certain situations. To choose an effective option, you need to carefully analyze the circumstances and then choose the best method.

Complaint to the senior bailiff

complain about the actions or inaction of an FSSP employee within 10 days from the time the person learned of a violation of his rights (for example, from the moment he became familiar with the materials of the enforcement proceedings or received copies of documents by mail, etc.).

The senior bailiff, that is, the head of the relevant territorial department, will consider the complaint within 30 days. This factor must be taken into account. The law allows you to file a complaint not directly with the senior bailiff, but with a higher authority, for example, the head of the regional department of the FSSP. The complaint will be forwarded to the place of execution, but control will be exercised “from above.”

The law does not prohibit filing a complaint simultaneously with several authorities. For example, an effective method is to forward it to the senior bailiff and to the prosecutor’s office at the same time. In this case, the chance of getting a positive result will increase significantly.

Sample complaint:

An example can be downloaded:

If you are not sure that you can correctly draw up an application using the sample yourself or you have an individual case that does not fit the template, then you can contact me directly. All contact information for contacting me is on the page>>>

Read more in the article: Complaint to the senior bailiff about the bailiff’s inaction in the order of subordination.

Prosecutor's office

Statistics show that most complaints about the inaction of the bailiff regarding alimony, submitted to the prosecutor's office, give a positive result. The review period will also be 30 days.

Sample complaint to the prosecutor's office:

An example can be downloaded:

Read more in the article: Complaint to the prosecutor's office about the inaction of bailiffs regarding alimony, sample.

Court

The effectiveness of a complaint to the court is determined by the following factors:

The court has more powers.
The review period will be 10 days.
State duty is not paid.

Going to court is an effective way of influencing, but it requires careful preparation and some legal skills. Therefore, before complaining to the court, it is worth filling out the application form correctly, as well as studying information about the process or contacting a lawyer.

Sample application to court with an administrative claim:

Contents of the complaint about the bailiff's inaction

A complaint about inaction, regardless of which body it is submitted to, must contain the following information:

Details of the parties (applicant, bailiff, alimony debtor, body to which the citizen applies).
Title of the complaint.
Description of the situation, starting from the moment the judicial act is issued and the initiation of proceedings, and ending with the fact of contacting the FSSP and receiving information about the progress of the process.
Confirmation of inactivity.
Description of specific violations of the bailiff, including deadlines.
The pleading part indicating the need to fulfill the powers of the FSSP employee and apply the sanction established by the rules to him.

The law does not establish a mandatory complaint form; it can be drawn up according to any sample. It is important that it contains all the necessary information and information about the parties to the production.

The complaint must indicate the norms violated, that is, refer to mandatory legislative acts.

The most effective method of influencing the bailiff

It is difficult to choose an effective method of influence, since each of them has its own characteristics. It is necessary to consider specific circumstances and facts, and then determine where to write a complaint.

Some believe that the prosecutor's office has more opportunities, since it is a supervisory body in relation to the FSSP. Others believe that a trial will produce a better outcome. It is difficult to answer unequivocally, but the most effective way is considered to be a combination of influence methods in order to gain control from several institutions at once.

After issuing an order from an authority or a judicial act, the bailiff, as a rule, fulfills his duties. Sometimes he continues to fail to act, then the claimant can again appeal to the relevant authority and the sanction against the bailiff will be more severe, up to and including his dismissal.

The claimant also has the right to apply to the court for compensation for losses caused by the bailiff’s inaction. The amount will be collected from the account of the bailiff service, which will subsequently withhold expenses from the employee by way of recourse.

Inaction of the bailiff in cases of alimony collection is common in practice. Sometimes this is due to the employee’s overwork and lack of time, sometimes simple unwillingness to work or negligence, but in any case the claimant has the right to influence the FSSP employee and get the desired result. It is important to comply with a number of measures required by law.

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