Hotline for complaints against bailiffs. To whom and how to complain about bailiffs - hotline, procedure for filing a complaint

Is there a free hotline for the FSSP of Russia?

Operators of the Call Center are ready to answer questions about the existence and status of enforcement proceedings, the date of debt repayment, the amount of debt, and the subject of collection.

Hotline operators are ready to answer your questions

Advice! On the eve of the holidays and vacation season, the FSSP of Russia opens additional “hotlines”, by calling which you can obtain information about the restriction of the right to travel abroad due to open enforcement proceedings. Phone numbers are published on the official website of the service.

Ways to file a complaint against a bailiff for inaction

Ways to file a complaint against a bailiff:

• Use the Internet. This option is open to everyone and is simple. However, there is no guarantee of receiving a response;
• Direction of the letter. This is one of the most effective treatment methods. There are certain rules here, only if they are followed will the complaint be immediately submitted for consideration and the problematic issue will be resolved. If the applicant sends a complaint to the manager of the guilty employee, care must be taken to prepare two copies of the document. Make sure that your copy is stamped with the official seal of the SSP (there must be a date of acceptance and a stamp of receipt). When submitting a complaint by the postal service, send it by registered mail with acknowledgment of receipt. This is the only way to be sure that the application will be considered. Whatever the reason for sending your appeal by mail - health status, stay in a distant region, etc., send your claim and wait for a response.

Important! If you need to send documents confirming the violation along with the complaint, make sure that a list of the attachments is attached to the letter. This is the only way to confirm which documents were enclosed in the envelope and sent by mail.

You can find out more about this opportunity directly at the Post Office. The sender will have in his hands an inventory confirming the number of documents in the sent envelope and their volume. This is the only way to be safe and avoid “accidental” loss of applications.

Where can you report facts of corruption?

In addition to the indicated telephone numbers, each territorial office has its own regional helpline number, which is listed in the top menu of the official website.

The telephone helpline is open 24 hours a day.

Important! A call to the helpline is completely anonymous, so if you are asked to introduce yourself, you can safely refuse - you have the right not to give your first and last name.

Illegal actions of bailiffs

All facts in the complaint must be reliable.
Paradoxically, even among bailiffs there are people who do not fulfill their judicial duties or commit offenses.

Let's figure out what illegal actions are that can be appealed by plaintiffs:

1. Blatant inaction is when a government employee does not take any action to successfully complete a matter.
2. Requires money as a performance fee.
3. Proceedings were incorrectly initiated.
4. Violates by his actions the legal rights and freedoms of the collector, the defendant.
5. Acts contrary to the interests of the plaintiff.

Good to know: studying the relevant documents of the bailiff service helps to verify the illegal actions of the bailiff.

Where to go for information on particularly important enforcement cases?

In addition, this number can connect you directly to the bailiff who is handling the enforcement proceedings that interest you.

Before calling this hotline, check the necessary information in the Internet Bank of Enforcement Proceedings on the official website.

Deadline for filing a complaint against the bailiff

The law provides only 10 days to appeal the inaction (illegal actions) of the bailiff. The countdown of the period begins from the date when the person learned or could have learned about the fact of a violation of his rights.

For example, a refusal to familiarize yourself with the enforcement case was served. The deadline will be counted from the next day. If a refusal is received by mail, the period begins on the day the citizen received such a letter. Reinstatement of the deadline is possible, but only if there is a valid reason for missing it.

The following reasons should be considered valid in this case:

• stay of the interested person on a business trip;
• failure to take action in connection with the disease;
• the letter was not received.

Important! Such an excuse as legal illiteracy is not respectful and sufficient to be able to restore the term, since any citizen is guaranteed the right to legal assistance.

Mobile phone application from the Federal Bailiff Service

The application allows a registered user to access the database, get acquainted with information regarding enforcement proceedings opened against individuals and legal entities, and the stage of the case.

Search functions are available by name and number of the enforcement case. By subscribing to regular updates, the client receives messages about data updates.

FSSP has developed applications for Android, IOS, Windows Phone. Applications can be downloaded from Google Play.

Federal Bailiff Service of Russia

Periodically, as questions accumulate or in connection with changes in current legislation, territorial divisions conduct a special “hotline” with the participation of specific officials. Information about such a hotline can be seen on the official website or in the press.

In addition to telephone lines, you can get the necessary information and send a message to the FSSP of Russia website fssprus.ru.

How and where can you complain about the inaction of bailiffs?

“By virtue of the law “On Enforcement Proceedings,” decisions of the bailiff and other officials of the bailiff service, their actions (inaction) can be appealed by the parties to the enforcement proceeding and other persons whose rights and interests are violated by such actions (inaction), in the manner subordination, and challenged in court, says lawyer Nathan Budovnits . “Accordingly, you can complain about the inaction of the bailiffs to a higher authority (the head of the relevant department and the senior bailiff), as well as to the court.”

Question and answer What happens if you don’t comply with the demands of the bailiffs?

In order to still recover money or property from the debtor, the plaintiff has the right to write a complaint addressed to the head of the bailiff department and demand execution of the judicial act within ten days (Article 123 of Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”) . If no collection measures have been taken in response to it, then the plaintiff can send a complaint to the chief bailiff of the region. The complaint should indicate that the inaction of the bailiff and his management caused material harm and moral damage, which is subject to compensation in the manner prescribed by the civil legislation of the Russian Federation.

The plaintiff also has the right to file a claim in court for compensation for losses caused as a result of enforcement actions. In addition, he can appeal to the regional prosecutor's office with a complaint about the actions of the enforcement department and the lack of control on their part over the actions of the bailiff, who was responsible for the execution of the judicial act.

Bailiff hotline.

The bailiff hotline was created in order to reduce the number of calls related to the lack of awareness of citizens of the Russian Federation. But the main goal of creating a free FSSP hotline is to increase the efficiency and improve the work of all FSSP structures.

This is done by receiving complaints against bailiffs. Applications with complaints are recorded by telephone and sent further to the relevant territorial departments, where the necessary measures are taken to eliminate the problems.

The period for filing a complaint against a bailiff is 10 days. The countdown of the period begins from the moment the executor commits unlawful actions against the participant in the process, (or from the moment the plaintiff discovers this fact, if he was not present in person), from the moment the bailiff’s inaction is discovered (if, after the expiration of the deadlines provided for by law, the necessary Job ).

What can you find out by calling the bailiff hotline?

By calling the bailiff hotline, you can find out: ⦁ the existence and amount of debt; ⦁ get advice on situations with debts when you are owed or you owe; ⦁ leave a complaint / gratitude to the bailiff; ⦁ ask questions and get answers to them; ⦁ obtain any other reference information.

In addition to telephone applications, it is possible to send applications via the Internet - reception. The link is on the “Appeals” page of the official website of the FSSP of Russia. Such online applications are also required for consideration and response to the applicant.

Absolutely all requests received on the hotline and online reception are kept under control until the situation is completely resolved.

How to write a complaint against a bailiff?

According to Art. 124 Federal Law No. 229-FZ “On Enforcement Proceedings” a complaint can be drawn up in any form.

But the document must contain the following points:

• details of the employee - bailiff - his full name, address of his work duties;
• number and date of the document on enforcement proceedings;
• text of the claim;
• date of writing the complaint, signature of the applicant.

The text of the complaint must be written in a strict official style . It is prohibited to use obscene expressions, insults, or swear words in the text. The responsible employee is not obliged to register such a complaint and accept it for consideration.

How to file a complaint to the prosecutor's office against the actions of a bailiff?

The application must be submitted in writing. You can send the document by registered mail with notification or bring it to the prosecutor's office at the location of the bailiff, passing the document to the office and secretary for registration of the document.

If you don’t want to write a letter on paper, you can compose it electronically and send it by email to the address of the prosecutor’s office of a specific district.

A complaint to the prosecutor's office about the inaction of bailiffs is considered within 15-30 calendar days.

Who can file a complaint?

Before you start figuring out where to file a complaint, an equally important question should be raised: who is able to file a complaint? If you look at judicial practice, it will not be difficult to see how representatives of judicial proceedings make gross mistakes in their work.

Moreover, these errors often affect people who are not directly involved in the trial. Any subjects whose rights have been violated have the right to appeal the actions of bailiffs.

Judicial impact

Appealing to the courts with a complaint about the inaction of executive officials has the following disadvantages:

• the court, unlike the prosecutor, does not give specific instructions on the implementation of certain actions;
• cannot set a special deadline for this;
• sometimes he cannot punish the bailiff at all.

As a rule, the court tries to make a decision on the illegality of the bailiffs’ inaction, after which it assigns responsibilities to eliminate the violations. But the requirements put forward are, as a rule, not specific. But going to court also has some advantages. In particular, it is worth highlighting the possible compensation for moral damage and the short duration of the entire process.

What to do if bailiffs are inactive

In accordance with paragraph 1 of Art. 12 Federal Law No. 118 “On Bailiffs”, bailiffs are entrusted with the responsibility to take measures to execute enforcement documents issued by the court. The lack of actual execution does not mean that the bailiff is not taking the necessary measures. The decision may not be enforced for objective reasons beyond the control of the bailiff. Measures can be applied by officials of the PCB both on their own initiative and at the request of interested parties - creditors.

The first thing a claimant should do in case of alleged inaction is to contact the bailiff in order to familiarize himself with the materials of the enforcement proceedings. If, based on the results of the review, it is revealed that no enforcement actions or enforcement measures have been applied, the claimant must submit a petition for their application. They can be submitted at any stage of production. Within 10 days, the bailiff is obliged to consider it and make a decision on it by issuing a resolution.

If, despite requests, the bailiff continues to fail to act, his behavior should be appealed.

About the fact of inaction

How to write a complaint about the inaction of bailiffs will be discussed below. First, it’s worth understanding what constitutes inaction in general. If we turn to the theory of law, then inaction is understood as the failure of officials to fulfill their duties. Moreover, failure to act significantly violates the rights of third parties.

A very simple example: bailiffs have only 3 days to complete certain paperwork, but the body itself shows absolutely no activity. Illegal inaction, therefore, begins to manifest itself already on the fourth day.

Thus, inaction is understood as failure to fulfill official duties, resulting in harm to third parties.

What should the complaint be?

What to do if bailiffs are inactive? It must not go unpunished. What needs to be done to ensure that the complaint reaches the correct address and is considered by the appropriate persons? It needs to be formatted correctly. Thus, the appeal should not contain insults, abusive language or obscene language. The applicant, no matter how angry he may be, must control himself.

The complaint should be as clear as possible. The document indicates specific facts of violation of rights. The persons to whom the complaint is addressed must have a clear understanding of what happened. The structure of the complaint is as follows:

• a description of everything that happened;
• an indication of specific facts of the performer’s inaction;
• listings of rights and interests violated by a representative of the judicial system;
• specific requirements for the implementation of certain actions, please take appropriate measures.

This should be a complaint about the inaction of bailiffs, a sample of which can be seen below.

The application must indicate the applicant's telephone number.