How to appeal the rusting of the bailiff

The bailiff is a performing party under civil procedural law. For example, in the case of non-payment on the loan assets, the organization has the right to withdraw the inherent values, including an apartment, car, etc. If you do not agree fully with this or that decision ruling the bailiff can appeal it within 10 days in accordance with the procedure established by Russian legislation. Let's see what this requires.

1

legal aspects

To get started, read with the provisions of RF Law "On Enforcement Proceedings". His chapter 18 contains the order, the timing, the grounds for refusal, as well as details of action appeal procedure or inaction of bailiffs, including challenging the decision of the decision.

The main causes controversywith representatives of the "Themis", as a rule, are:

• unmotivated and unfounded decision bailiff;
• violation of civil rights and freedoms in the performance of the verdict;
• illegal act (omission) representative of the respective instance.

2

Methods of appeal

Law provides two options for contesting the decision bailiff:

• through performing party leadership;
• directly through the courts.

The first method is considered the most simple and fast. In this case, you turn to the immediate supervisor of the appropriate authority - the senior or chief bailiff. In addition, you do not pay the state fee for reviewing your question. At the same response on the appeal is expected in 10 working days.

The second method provides legal proceedings. In legal practice, it is considered more efficient, but very labor. Copies of the decision of the "Higher Femis" are compulsory provided by the debtor, the bait, as well as the recoverer of the property. To draw up a complaint to court, it is best to use the services of an experienced specialist. According to Law of the Russian Federation "On the procedure for considering the appeals of citizens", Answer on your problem You will wait from 3 to 30 calendar days.

3

Registration of the complaint

It is possible to approach the writing of such an appeal, perhaps even using an experienced lawyer's services. After all, the outcome of your problem will depend on the quality and literacy of the composed complaint. It is not necessary to write the text "By Template", you can use your version of the circulation. The main thing is not to miss the following nuances:

1. In the "header" of the complaint, write the name and address of the organization where you appeal. This may be the main attracting, prosecutor's office or local / district court. Learn below, write the data of the debtor and the applicant - their full name, place of registration, contact numbers of phones. In addition, information is indicated on the information about the interested person - the bailiff, which issued the decision.
2. Call your appeal "Claim" or "a statement about illegal actions / inaction of the bailiff." In legal practice, the second option is most often used.
3. In the "body" of the document describe in detail its problem. Do not forget to indicate:
   • details of the rusting of the bailiff (date, number and main positions);
   • date and place of seizure of property;
   • the circumstances under which the execution of the rusting of the bailiff occurred.
4. Be sure to refer to the document on specific articles of regulatory acts, within the framework of which there were violations of the executing authorities. Your task is to prove the fact of the unjustification of the provisions of the Resolution, as well as to confirm the fact of the illegality of the bar. In addition, write the consequences of the solutions made by the authorities.
5. In the final part, refer to the appropriate instance with a request to cancel the action of the bailiff. Do not forget to put the date and signature.

To the complaint attach scalkopia the following documents:

• preparation of applications;
• solutions performing party;
• receipt of payment of state duty;
• other documents necessary for the consideration of the case.

Download right now:

• The relevant complaint in court bailiff;
• Filled sample complaint in court bailiff;
• Filled sample complaint to the court about the inaction of police officer;
• Sample complaints on bailiff in subordination;
• Filled sample complaints on the bailiff in order of subordination;
• Sample act of the bailiff for the seizure of property;
• Sample decree on the imposition of arrest;
• Sample of the judicial ruling on the transfer of arrested property for trading;
• Filled sample application for imposing arrest on debtor's property.

When you satisfy your complaint, the action of the bailiff may be fully or partially canceled. Otherwise, you have the right to re-challenge in the superior instance.