Child support bailiffs: debt and complaints about inaction

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 you 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:

1. the immediate head of the local FSSP unit;
2. 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.

Source: https://fin-dolg.ru/semejnoe-pravo/bezdejstvie-sudebnyh-pristavov

Complaint against the bailiff for alimony (including sample complaints)

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:

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:

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 has been in effect since 2016. 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.

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:

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 can be downloaded here.

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.

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 example sample of a complaint to bailiffs about non-payment of alimony can be downloaded here.

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.

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.

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 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.

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:

1. Ensuring the correct and timely execution of judicial acts or agreements on the payment of alimony.
2. Providing access to materials of enforcement proceedings to the debtor, claimant and their representatives, issuing them the necessary certificates and copies.
3. Responding to requests, statements and petitions of the parties, explaining the procedure for enforcement proceedings and appealing against decisions made.
4. Self-removal from a case with personal interest in its course and results.
5. Taking measures to find the debtor, his property or child.
6. Initiation and conduct of cases of administrative offenses (in cases where there is evasion of alimony payments).
7. 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:

1. Arrest, seizure, transfer to storage and sale of the debtor's property.
2. Conducting an inspection of employers regarding the execution of an order to withhold alimony.
3. Inspection of premises and storage facilities occupied or owned by the debtor.
4. 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

1. 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).
2. 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.
3. Further, the authorized official, if necessary:

1. Requests from the claimant the missing information.
2. Notifies the debtor of the commencement of enforcement proceedings.
3. Searches for the alimony holder and/or his property.
4. Reveals the amount of income and the value of the payer’s personal material assets.
5. Seizes property, confiscates it, and puts it up for auction.
6. Provides the debtor’s employer with the data necessary to deduct alimony from his salary.
7. 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:

1. Disclosure of personal data and/or its use outside the framework of enforcement proceedings.
2. Lost documents.
3. Excess of official authority (unjustified use of force, misappropriation or use of property from seized assets).
4. Incorrect, insulting treatment of the debtor/collector.
5. Inaction.
6. Violation of the terms of enforcement proceedings.
7. Corrupt practices.
8. 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:

1. In order of subordination to the management of the official.
2. To court.
3. 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.

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:

1. For a bailiff or deputy senior bailiff - the responsible official (senior bailiff).
2. For a resolution issued or approved by a senior bailiff - to the chief bailiff of a constituent entity of the Russian Federation.
3. 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:

1. Recognition of an unlawful resolution as invalid in whole or in part.
2. Cancellation of an act adopted during enforcement proceedings and the obligation of the bailiff to issue another resolution.
3. Cancellation of a subordinate’s decision and independent adoption of a new one.
4. 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:

1. 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.
2. The applicant missed the appeal period without filing a request for reinstatement or it was rejected.
3. The application was drawn up in violation of the rules and forms established for this purpose.
4. 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.

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:

1. File a complaint.
2. Collect evidence base.
3. Submit documents to the district court at the location of the bailiff service.
4. 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.
5. 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

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

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:

1. Power of attorney addressed to the representative.
2. Child's birth certificate.
3. Executive document (court order, decision to determine a fixed amount of alimony, notarized agreement).
4. An assessment report of the debtor’s property, a certificate of his income.
5. Certificate of marriage or divorce.
6. 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.

Complaint against bailiff for alimony

The payer is obliged to comply with the court decision to collect alimony payments. In practice, they often shirk their obligations. The collector has to initiate forced withholding of funds through the bailiff service.

However, often the bailiff is inactive and delays the execution of the decision. In this case, you need to file a complaint.

In the article we will consider what the bailiff should do, what his inaction is expressed in, who to contact with the complaint and in what time frame, what is the procedure for considering it.

What should the bailiff do as part of the forced collection of alimony?

The powers of the bailiff include the execution of judicial acts. He is an intermediate link between the alimony payer and the recipient.

Forced collection is initiated on the basis of a writ of execution or order. Therefore, the recipient of the content needs to take it to the SSP and write a statement about the start of production.

After the start of proceedings, a notice is sent to the payer with an offer to voluntarily liquidate the debt. They also require explanations from him regarding the reasons for the delay, since they may be valid.

As part of the production, the bailiff performs the following duties:

• calls the recipient and payer of alimony to obtain the necessary explanations;
• makes inquiries to the traffic police, Rosreestr, at the debtor’s place of work in order to obtain information about income and property;
• sends a writ of execution to the payer’s employer so that he withholds payments from wages on a monthly basis;
• travels to the debtor’s place of residence in order to assess the property;
• seizes property and sends it for sale;
• searches for accounts and deposits;
• puts the payer on the wanted list if he is hiding;
• initiates criminal prosecution against the defaulter;
• imposes a fine.

The duties of a bailiff are spelled out in detail in the Law on Enforcement Proceedings dated October 2, 2007 No. 229-FZ.

What is the inaction of the bailiff?

In the course of performing his duties, the bailiff must not infringe on the rights of the claimant through his inaction.

Inaction is highlighted:

• Procedural, when deadlines for preparation and consideration of documents are not met;
• Factual, when the bailiff does not take action to search and seize accounts and property.

Regardless of the type of inaction, the recipient of alimony has the right to file a complaint against the bailiff. When drawing up a document, you should describe what it is expressed in.

In practice, the following situations occur:

• intentional violation of deadlines for foreclosure;
• refusal to provide production materials for review;
• forced sale of the property of a debtor who intends to voluntarily repay the debt;
• seizure of property on which it cannot be imposed;
• write-off from wages to pay off debt of more than 70%.

When describing the inaction, it is necessary to indicate what requirements of the law and the rights of the recipient of alimony payments it violates.

The procedure for appealing the bailiff's inaction

A complaint about the inaction of a bailiff is sent to a senior bailiff, a prosecutor or to the court. Each option has its pros and cons.

Through the senior bailiff

The appeal procedure is described in the Law on Enforcement Proceedings dated October 2, 2007 No. 229-FZ.

How to file a complaint

A citizen has the right to file a complaint with a senior bailiff before the expiration of 10 days from the moment he learned of a violation of his rights.

The complaint must include the following information:

• Full name of the senior bailiff and name of the structural unit of the service;
• information about the applicant (full name, contacts, status within the framework of enforcement proceedings);
• data on enforcement proceedings;
• a detailed description of the omission;
• references to violated legal norms;
• a request to impose disciplinary punishment on the violator and take measures to execute the judicial act;
• date and signature.

The complaint should be registered and you should receive your own copy with the incoming stamp. Documents can also be sent by registered mail with notification.

Download a sample complaint about inaction to a senior bailiff

If you have difficulty filing a complaint, we recommend that you seek advice from a family law lawyer.

Review procedure

To consider the complaint, the senior bailiff requests materials from the lower level regarding the enforcement proceedings. The applicant has the right to present additional evidence.

Consideration of a complaint may be refused in the following cases:

• the 10-day deadline for challenging was missed;
• there is no complete information about the applicant or his residential address;
• adoption of a court decision on a similar appeal;
• lack of information about the bailiff, details of enforcement proceedings and specific inaction;
• the inaction of a person who is not an official of the SSP is being appealed.

If there are no grounds to satisfy the applicant’s request, a decision to refuse is issued within 3 days from the date of registration of the documents. The applicant has the right to appeal the refusal to a higher official or through the court.

If the complaint is justified, the final decision is made within 10 days from the date of registration. A decision is made recognizing the bailiff's inaction as unlawful. It also explains what the bailiff must do to eliminate the violations.

At the prosecutor's office

A complaint against the bailiff can be filed with the prosecutor's office. The named department supervises the work of the Bailiff Service on the basis of Part 4 of Article 19 of the Law on Bailiffs of July 21, 1997 No. 118-FZ.

The complaint must indicate:

• name of the prosecutor's office;
• information about the applicant (full name, contacts);
• name of the SSP unit and full name of the bailiff;
• data on enforcement proceedings;
• what was the inaction;
• what legal norms are violated;
• how inaction prejudices the interests of the applicant;
• a request to conduct an inspection and take prosecutorial response measures;
• date and signature.

A list of applications is listed at the end of the document.

Download a sample complaint against the actions of a bailiff to the prosecutor's office

The complaint can be submitted in person or by mail. It is also possible to submit an appeal electronically through the department’s website.

The prosecutor orders an inspection, which is carried out within 30 days. The SSP requests materials from enforcement proceedings. If the complaint is justified, an order is issued to immediately eliminate the deficiencies. If no grounds for satisfying it are found, the applicant is sent a reasoned response.

It is allowed to file a complaint directly to the prosecutor's office, bypassing the senior bailiff. The bailiff reacts immediately to such an appeal.

Judicially

You can file a complaint against the bailiff on the basis of the CAS RF. An administrative claim is sent to the court before the end of 10 days from the moment when the citizen learned about the violation of his rights.

How to write an administrative claim

The claim is drawn up taking into account the requirements of Articles 125, 220 of the CAS RF. It must indicate:

• name of the court;
• information about the applicant (full name, residential address, telephone number, date and place of birth);
• information about the defendant (official, location address, telephone);
• what is the inaction (what actions should the bailiff have taken);
• what rights and legitimate interests are violated by inaction;
• references to violated legal norms;
• whether the complaint was filed in the order of subordination;
• claim against the defendant;
• list of applications;
• date and signature.

Evidence that is known to the plaintiff is also indicated.

Download a sample administrative claim to appeal the bailiff’s inaction

The claim is filed with the court office. The applicant's copy is affixed with a registration stamp. It is allowed to submit documents by mail or electronically.

What documents should I attach?

The list of documents that should be attached to the claim is specified in Article 126 of the CAS RF. It includes:

• notice of service of the claim on the defendant or a copy for him (the court will send it independently);
• documentation confirming the circumstances referred to by the plaintiff (copy of the enforcement file);
• power of attorney for a representative if the plaintiff has entrusted the case to a lawyer;
• other documents.

If the plaintiff cannot provide documentation on his own, he can file a motion for certiorari.

Review procedure

The issue of accepting a claim is considered within three days. Then a ruling is made to initiate proceedings. A trial date is set. The administrative dispute must be resolved within 10 days.

Based on the results of the consideration, one of the decisions is made:

• satisfy the demand in full or in part and declare the inaction illegal;
• refuse to satisfy the administrative claim.

If the claim is satisfied , the court indicates what decisions need to be made on a specific issue and what actions to take. After elimination, the bailiff must notify the judge about this within a month.

Let's sum it up

Thus, the duties of the bailiff are established by Law No. 229-FZ . When drawing up a complaint or administrative claim, it is indicated which norms of this legislative act have been violated and how inaction infringes on the interests of the plaintiff.

You can submit documents for appeal to the senior bailiff, prosecutor or to the court. It is allowed to apply to three authorities at once. The most effective way is to file an administrative claim in court. In court, the issue is resolved within 10 days.