How to correctly write an application to the head of the bailiff department in 2020

The duties of bailiffs include searching for debtors who have not fulfilled their financial obligations to a particular person. The procedure for searching for a hiding citizen cannot be carried out arbitrarily; it is regulated by a strict procedure presented in Federal Law No. 65-FZ. In particular, the rules outlined in it reflect the need to first submit an application to search for the debtor to bailiffs. You will find a sample document submitted by the injured person later in the article.

Application to search for a debtor to bailiffs: sample

Executive search: why you need to draw up an application to search for a debtor

A search carried out by a bailiff against a person who fails to fulfill his obligations to pay money belongs to the category of actions of an enforcement nature. In other words, it can only be started if the corresponding production process is initiated.

Responsible for holding the event, and actually conducting it, is the bailiff:

carrying out the search on his own initiative;
having received an application to search for an unscrupulous payer.

You can begin to take actions aimed at identifying the debtor directly at any stage of the enforcement process. By the way, to find a person means not just to discover his location, but also to find property belonging to him, with the further goal of satisfying the plaintiff’s demands.

There must be serious reasons to initiate the search process. If these are not indicated in your application, a representative of the designated service may refuse to search for the violator

Application for initiation of enforcement proceedings

If it is impossible to visit the FSSP in person, it is possible to send documents by registered mail. To confirm the fact of its receipt by the bailiffs, you should keep the return notification of delivery. When changing your place of residence, you must send a request to the SSP.

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Submission of a written sample application to bailiffs under a writ of execution is carried out in two printed copies (not in writing), on one of which the organization’s stamp with the date and registration number is placed. According to Federal Law No. 229-FZ “On Enforcement Proceedings”, a bailiff will be appointed within three days.

Indication of information about the FSSP to which the application is sent.
Enter information about the writ of execution, the proceedings and the fact that the debtor has not fulfilled his obligations to date.
Next comes the block directly with the request. It indicates the address to which the data can be sent.

Petition to the bailiff

“___”_________ ____, the bailiff _________ (full name of the bailiff, name of the unit of the bailiff service) initiated enforcement proceedings for _________ (indicate the subject of collection, recoverer, debtor). I need _________ (indicate the motives and grounds for the petition to the bailiff bailiff). Based on the above, guided by Articles 14, 50 of the Federal Law “On Enforcement Proceedings”, I ask:

_________ (state a request).

In different situations, it will be necessary to file separate petitions that differ in content. The document indicates the essence of the issue that needs to be resolved with the help of bailiffs, general data on the parties to the conflict or the current situation, as well as the personal data of the submitter.

In order for the bailiffs to accept the petition and register it, it is important to formalize it correctly. If this is not done, the bailiff may refuse to register the application. To challenge the decision, you can contact the senior bailiff or the court, but not the prosecutor's office.

You can submit an application to the FSSP with a request to provide data on how the enforcement proceedings are progressing. It is filled out according to a certain pattern and structure.

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You must also attach two documents:

performance list;
a resolution that enforcement proceedings have been initiated.

The petition for acceptance of the writ of execution is written to the senior bailiff.
The title indicates the applicant, his address and contact telephone number.
After this, after the word “Statement”, located in the center, the text is entered. The application must indicate a request to accept a court order.
The case number and the date of the court decision are also specified.
It also writes what needs to be collected from the debtor, this can be money, some things and objects, as well as living space.
The form must also contain information about the debtor, his residential address, as well as in whose favor the property is alienated by court decision.
Under the text in special columns the number, signature and surname with initials are placed.
Only after this can you take the document to the bailiffs, not forgetting to attach the court decision.

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The claimant can ask the bailiffs to deduct alimony by filing a petition for non-payment of alimony. Moreover, if the person who must transfer money for the maintenance of the child has a debt, it can be collected by the bailiffs in the form of property belonging to the defaulter.

Also, the author of the application must provide all known data on the property of the defaulter. This way, bailiffs will be able to work more quickly to prevent the alienation of property.

Such a petition may be written in relation to a bank or other financial organization. After writing a statement, you can return the money that was taken illegally.

In the list of such cases:

The debt has already been repaid previously.
The notification procedure was violated.

The application is written to the senior bailiff. The text details the circumstances that led to the situation. You can also post links to laws or articles that have been violated by the organization.

Documentation that can confirm payment is attached to the application:

statement of claim;
check;
receipt;
other document issued by a financial institution upon payment.

Bailiffs can remove the seizure from a vehicle. It is these employees who make a decision on the relevance of further restrictions on a person’s property.

The text of the application should indicate:

your request;
describe the situation that led to the seizure of property.

If the amount collected from a person is large, then he can send a petition to the bailiffs to reduce the percentage deducted from his salary, pension payments or other income.

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The list of reasons includes:

insufficient family income (specify size);
number of dependents;
payment amounts for utilities and education for children.

Each of theses must be supported by a certificate or other document that can be considered a basis for bailiffs.

Sample application to a bailiff

In order for the bailiff to start searching, in most cases he needs to submit a corresponding application. We suggest you consider a sample of this application and its preparation below.

Instructions: how to draw up an application to search for a debtor for a bailiff

Step No. 1 - drawing up an application header

First of all, it is necessary to draw up the header of the application - an official introductory part containing the following important information:

to whom the application is sent;
from whom the application is sent;
in what case the potential search will be carried out;
what kind of document are you creating?

So, the first point involves indicating the position to whose representative we are sending the paper. In our case, she is represented by a bailiff. Remember that all bailiffs work in the corresponding government structure, which, in turn, is related to a specific locality, region, district, etc. Therefore, do not forget to correctly indicate the full name of the bailiff’s post.

Be sure to indicate to whom the document is being sent

Next, we enter information about the person asking to initiate the search. So, in this case the information is indicated:

Full name of the applicant;
residential address of the person submitting the document for consideration;
telephone number by which you can subsequently contact him.

Next, we indicate within the framework of which official process the required application is submitted.

The last step in filling out the header is to title the application. You must write the full name of the document with a capital letter in the middle of the completed sheet, under the data that we described above.

By the way, for the indicated information, the form of alignment to the right edge of the sheet is used, and this norm must be observed if you want the document to be accepted for consideration.

Step No. 2 - compiling a descriptive segment of the statement

The second step in this case will be to compile the main text of the document containing a description:

the essence of enforcement proceedings;
in the OSB of which locality or district this production is located;
when did this process begin;
what was the basis for his initiation;
in relation to whom the proceedings began.

Mandatory introductory part informing the bailiff regarding the most important nuances of the case, the conduct of which led to the need to search for the citizen

The following is a description of the problem requiring the intervention of a bailiff. In the sample under consideration, it was the failure of the debtor to appear in court, despite the fact that he was repeatedly summoned there, as well as the inability to establish the location of his property, despite the fact that such mandatory procedures as requesting data from banks, etc. had previously been carried out.

After this, the legislative grounds are indicated according to which, provided that other measures have failed to detect the violator, it is necessary to resort to the measures of the representative of the public service of interest to us. Here you need to indicate directly the legal act itself that determines the further request.

Step #3 – request

In the third step, we will begin to indicate the request that the plaintiff makes to the bailiff. In this request, in fact, it is necessary to require the initiation of a search for the debtor in order to satisfy the initial requirements of the applicant. It is also repeatedly indicated within the framework of which proceedings this request is, in principle, voiced.

The application is completed with the signature of the person submitting it, as well as an indication of the date on which this was done.

A sample application to search for a debtor submitted to a bailiff to initiate the search process

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About refunds

An application to bailiffs for the return of funds is drawn up in cases where their debiting from accounts belonging to the debtor was illegal or the procedure for properly notifying the debtor was not followed.

The main purpose of the document is to appeal the decisions issued by the bailiff.

A document of this kind is written addressed to the head of the territorial department of the FSSP - senior bailiff.

In the text, it is necessary to comprehensively outline all the circumstances of the situation that has arisen, as well as refer to articles of legislative norms that were violated as a result of the actions of the bailiff. In addition, the application must be accompanied by documents confirming the validity of the applicant’s position.

About removing the seizure from a car

If it is necessary to remove an arrest from a car, it is necessary to send the corresponding document to the department of the FSSP whose bailiffs made the arrest. Only these officials can decide whether it is advisable to continue to use such a restrictive measure as seizing a car.

A properly completed application must be accompanied by documentation that will serve as confirmation of the fact that the grounds for applying such a measure as arrest have disappeared.

About removing restrictions from the account

The seizure of bank accounts belonging to the debtor is used as security measures.

If the circumstances that prompted the application of the mentioned measure have changed, the debtor may send a petition to the bailiffs with a request to remove the seizure from the accounts. This document is drawn up in the same way as described above, and its test must contain a request to remove the seizure from bank accounts. Documentary evidence of debt repayment should also be attached.

Searching for the debtor

The search for the debtor, as well as his property, is included in the list of enforcement actions that, due to existing necessity, must be carried out in the process of conducting enforcement proceedings. The initiation of the search procedure is carried out either on an application received from the claimant, or on an initiative coming directly from the bailiff himself.

The search application is drawn up in writing. It must set out the circumstances that serve as the basis for initiating search activities, as well as an indication that it is not possible to establish the location of the debtor, as well as his property, by any other means.

About inaction

If, in the opinion of the claimant, the bailiff shows inaction during enforcement proceedings, the claimant has the right to file a corresponding complaint with the senior bailiff.

The text of the complaint must contain the following information:

Information about a specific official;
Description of the violations committed by him;
References to legal norms that were violated by the said official;
Requirement to replace the bailiff conducting enforcement proceedings.

The legislation also provides for the possibility of filing a complaint about the inaction of a bailiff not in the order of administrative subordination, but directly to the judicial authority.

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Grounds for search

One of the most important prerequisites within which the use of search measures is possible is the absence of any progress in establishing the location of the defaulter and his property. Therefore, when all actions are completed, the bailiff is required to announce an executive search:

carried out in order to satisfy the interests of the Russian Federation, as well as its regions and municipal entities, in cases where the amount of financial requirements exceeds 10 thousand Russian rubles;
against the debtor to collect alimony payments;
for compensation for damage caused to the health of a person, or in connection with the death of a breadwinner of a citizen;
for compensation for damage from criminal acts, to collect a criminal fine;
for serving mandatory work.

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Excerpt from Federal Law No. 229, Article 65. Executive search

The bailiff is required by law to satisfy the demands of the applicant when this citizen approaches him according to the grounds described above.

In other cases, it is impossible to say for sure whether the applicant’s request will be granted. According to the general rules established in this area, in order for the required decision to be made, an executive document must:

it is not possible to have an indication of property claims against the defaulter, which it is not possible to fulfill if he is absent (for claims the amount of which is more than 10 thousand rubles);
contains property claims that cannot be repaid without the participation of the debtor.

It is also possible to put the property of a debtor on the wanted list only if the monetary equivalent of the demands made is more than 10 thousand Russian rubles.

If the decision on your request is made positively, then you will have to wait no more than three days before the start of search activities

The nuances of drawing up a search application

The reason for drawing up the application we considered above may be the lack of effectiveness in relation to the previously conducted search for the debtor. So, having also received the grounds, you can contact the bailiff by submitting this paper exclusively in writing, on your own behalf.

At the same time, if you have any information regarding where the debtor may be located, or the property in his possession, you are obliged to share the data directly when drawing up this document, on its own pages.

Based on the results of consideration of the submitted application, the official we are interested in will make a decision:

or refusal, in which case you will receive it within 24 hours (working hours);
or about declaring a wanted list and satisfying your request (in this case, you will need to wait within three days from the date of filing the paper).

If you receive a refusal, you have the right to protest it by filing a complaint against the action of the official who issued it.

As for the search for the debtor, it will subsequently be carried out in all places that could become or were the last known place of residence or stay of the defaulter, as well as his material wealth. In some cases, it is possible to carry out a search both throughout Russia and in foreign countries.

If the person is found, the process will continue in the form of foreclosure of the plaintiff’s claims for the material goods of the offender.

The refusal issued by the service can be appealed, however, if you receive the same result again, most likely there will be nothing more to hope for

The procedure for drawing up an application (petition) to the FSSP

Address "Hat" applications (petitions):
FULL NAME. and status (debtor/collector) of the person applying with residential address and contact phone number.
Content:
Statement of the problem (question).
Requirement (petition) or request:
Signature and date of the applicant.

Samples of application and petition can be viewed here.

For example, a sample application to put a child support debtor on the wanted list is as follows.

A sample application for familiarization with the materials of enforcement proceedings assumes the following content: