Against the action of the judicial police officer-executor: sample. Appeal against actions of judicial police officer-executor

Date:

2018-03-27 20:44:20

Views:

709

Rating:

1Like 0Dislike

Share:

Table of contents:

Against the action of the judicial police officer-executor, a sample of which we present below, is a tool to defend their rights from law enforcement officials. Often employees break the law. The reason, of course, may be different. The disturbance may be as from the actions of an employee of the Federal bailiff service and of inaction. The last relevant when alimony, credit card debt, loans, etc. this will be discussed in this article. Also to be submitted against the action of the bailiff (sample).

Appeal

action against the bailiff of the executor sample

What actions are illegal? According to the law, the appeal of actions of judicial police officer-executor is lawful, if:

  • Violated the rights and freedoms, as well as actions contribute to such violation.
  • Imposed illegal duties.
  • Wrongly prosecuted. against the actions of the bailiff artist

Where to go

Now the question is, where should I go to defend their rights and legitimate interests. The appeal of actions of judicial police officer-executor can happen through the courts, when applying to higher authorities. The latter is understood as a private, in the system of the FSSP, and the parties intended to safeguard the rule of law, for example, the Prosecutor's office. We must remember that the complaint against the judicial police officer-executor to the higher authorities do not deprive citizens of the right to appeal further to the court.

Deadlines

Now about the timing. Against the action of a court bailiff shall be filed within 10 days after:

  • Illegal actions of the employee.
  • The establishment of the fact of inactivity.
  • Denial of the withdrawal. Must occur when the employee is personally interested in the process, for example, where proceedings rodsvennikov.

That contains the complaint

Sample of complaints against actions of a bailiff contains:

Recommended

Calculation and payment of sick leave

Calculation and payment of sick leave

Sick Pay provided by the legislation of the Russian Federation, in particular TC and FZ No. 255. In addition, some rules are governed by the provisions of the civil code. Any employee upon the occurrence of a certain disease should contact a health f...

Employee certification for compliance with the post: purpose, procedure, result

Employee certification for compliance with the post: purpose, procedure, result

Employers perceive the order of certification of employees as a formality. Regulations intended for commercial organizations, were not issued. Certification is required only for employees of the organizations designated in the laws of the spheres, le...

Registration of vehicle: procedure, sample application, certificate

Registration of vehicle: procedure, sample application, certificate

Every person who buys a car needs to do its registration in the traffic police. It is necessary when purchasing new or used cars, as well as no matter whether the seller of natural persons or legal entities. Check the vehicle is in the traffic police...

  • Information of the applicant.
  • Information about the government Agency, in which it served.
  • Information about the person whose action violated the legislation: name, position, etc.
  • Details of resolution of the police officer against whom the written complaint.
  • Requirements.

What evidence and documents you need to make

I have to Say that the treatment of, for example, in Prosecutor's office on actions of a law enforcement officer, can be submitted without evidence. It is a mistake to believe that they will not be considered. Of course, if there is any evidence of illegal actions of bailiffs, they can be attached to the application. However, if not, then the official shall request all information without them.

Sample of a complaint, or How to make police officer to work

 sample of complaint against the bailiff

In Russia the problem of debt is most acute. Almost every third person has loans, alimony, loans, mortgages, etc. during the crisis, the percentage is only growing, including overdue it. Departments of bailiffs just overwhelmed with enforcement proceedings for unpaid debts. There are two problems in the work of bailiffs, which affect the return to creditors:

  • Workload.
  • Laziness.

Unfortunately, both are not uncommon in our time. As for laziness, then we will leave it on conscience of specific people in law enforcement. As for workload, the employees here can understand: a lot of cases, not enough time, etc. However, from the point of view of legislation, the workload of law enforcement is not an objective reason to justify the inaction of the judicial police officer-executor. The sample complaint will be discussed below. Proceed to the options of its filing.

Method one: senior managers

the appeal of actions of court bailiff of performer

So, before you look for a sample statement on the inaction of the court. police officers need to understand the way it's routed. Send it to senior leaders. However, the experience of many citizens say that the method is ineffective. As a rule, the answer can be seen a formal reply.

Despite this, the lawyers are still encouraged to apply to their superiors. This will give additional grounds for filing a claim will enable to adjust the requirements, know the arguments in advance. This will allow you to prepare for the arguments of law enforcement before the trial.

How to find a superior police officer

Many people are turning to lawyers with the question: how to find a senior Manager. This can be done in two ways:

  1. ‘hot line” service.
  2. Learn from the local branch of the bailiffs on the phone, or by making a formal request. If the official number can not get through, then the query have to answer according to the Federal law “On the written appeals of citizens”.

Letter before complaint

So, the citizen still decided to take active steps to protect their rights. To this end, we recommend that you first write a letter to the bailiff-executor. Sample is possible not to look, you can write in any form.

Sometimes at this stage, some begin to move. If the employee knows that he has not taken all measures torecovery of debt of the applicant, and sees that the last determined, it can start work effectively. Further proceedings may not be necessary. It sometimes happens that a member of the “forgot” about a particular matter, these letters make him “remember” work.

The Complaint chief bailiff (sample)

 letter to the bailiff by the sample

If you appeal to the person responsible for your business, failed, then output to write the official complaint to the higher head. So, against the action of the judicial police officer-executor (sample) will look like this:

The Senior bailiff: (name)

The Address (the territorial authority):

From:

Address (applicant):

Phone:

The Complaint

The actions of the judicial bailiff-executor

(F. I. O.) is a party to the enforcement proceedings no. XX

“XX” XXXX XX the city judicial bailiff-executor (F. I. O.) adopted Decision no. XX, based on which was done the following action: (specify concrete action)

Such actions violate my rights and interests, as they contradict the article (identify article) of the Federal law dated 02.10.2007 № 229-FZ “On enforcement proceedings". Based on the foregoing, please acknowledge such actions are illegal.

This is a sample complaint against a bailiff. The inaction will look like as well. Only instead of “action” you write “inaction”. You also need to specify how it manifested itself, for example: “bailiffs call the party for clarification, under the law”.

To Prove inaction is quite difficult, because you don't employee for debt collection and what is not. However, you can request what measures have been taken, and the response to analyze the breach.

Common breaches

sample statement on the inaction of court bailiffs

Often the bailiffs abuse the law for their own purposes. For anybody not a secret, that their work is a performance fee. He lies on the shoulders of the debtor. With the award it can not be removed. As elsewhere in the civil service, with officers require performance indicators. So sometimes they start to break the law. The main abuse of bailiffs:

  • Charges from the Bank payroll cards above the maximum. This is a common phenomenon. Comes salary or an advance, and instead of text about the admission notification of the cancellation of the entire amount in favor of the lender. Employees know what is broken, however, the percentage of lawsuits is extremely small, so they are aware of their impunity.
  • Seizure of property that is not subject to seizure. Few people know, but the list of things that must be disposed of through police officers, is extremely small. TV, VCR, the law does not prohibit take, but the things that directly relate to mandatory life, you can not be arrested. Especially if there are minor children. These include, for example, microwave, oven, refrigerator, etc. In the list gets the computer (laptop) if it is obligatory for the debtor.
  • Stuff the other owners. The Council for the bailiff, who took things are not the debtor, of course. But do not forget that to prove the right of ownership lies with the owner things. In other words, if you come to arrest a plasma TV, and it is, for example, civil marriage, that she needs to prove the illegality of such action. If it is not possible to immediately submit the documents of ownership (receipts, credit agreements, etc.), and need against the action of the judicial police officer-executor, a sample of which we have already presented above.
  • Prohibition of certain actions after repayment of debt. In our country, unfortunately, the information is transmitted very slowly. A lot of where the debtor fully paid the debt, and at the airport they are not allowed abroad on holiday. While all the proceedings, “burn” the armored places in the hotels, plane tickets, tour packages, etc.
  • Improper notification of the debtor about made the decision about excitation of Executive manufacture. You know, if you had an unexpected withdrawal of funds in favor of the lender, and you are permanently residing at the same address, that someone broke the law or instruction: the court bailiffs or the postal service.

Method two: appeal to the court

 justice bailiff

Judicial action against the judicial police officer-executor (sample) looks about the same as the model presented above. To change only the “cap”, it will be the name of the court.

I have to Say, the claim must be in district court at the location of the Department of bailiffs. For example, the applicant lives in area A, the court was at defendant's place of residence-district B, and on the service is Inscribed in district V. district court In and need to write statements on actions or inactivity of employees.

The Advantage of applying to the court

Judicial recognition of the illegal actions of the police officers has a number of advantages:

  1. You Can demand the material and moral harm.
  2. To Prove loss of profit, and then to demand it. For example, the debtor professional trader. He sells on the market "Forex". His officially registered, pay taxes. But the police seized a computer withsoftware in it. As a result, the citizen lost profits.
  3. Will Change the attitude of police officers in working with the applicant. They will know that their actions (inaction) will lead to litigation.
  4. Objectivity in the review. The court is not interested in concealing the violations of police officers. The name “court” should not be misleading. They are employees of the Executive branch, not the court staff. Therefore, to talk “they have everything under control” is not necessary.
  5. Appeal to the court on action of police officers is guaranteed to be reviewed within ten days. No one will purposefully delay the process, to falsify stamps, outgoing mail, etc.

Disadvantages of litigation

Trial have disadvantages. Chief among them – require professional help, for which you will need to pay first. However, when desired, do it yourself.

We believe that it is not necessary to go to law school to understand how to write a lawsuit for the illegal actions of police officers. This is usually a category of cases of "low complexity".

Conclusion

Russia has strict laws. However, this is offset by their failure. The same can be said about the execution of court decisions. Of course, to torture, to imprison for debt, severely. Although some mothers, fathers of children whose years do not pay child support, I want to offer this option.

Our country needs to restore order on the work of bailiffs-executors. In practice, many cases over the entire period of the production staff never take any action for the enforcement of court decisions. We hope that the situation will change in the near future.


Article in other languages:

AR: https://tostpost.com/ar/the-law/2563-against-the-action-of-the-judicial-police-officer-executor-sample-appe.html

BE: https://tostpost.com/be/zakon/4538-skarga-na-dzeyanne-sudovaga-prystava-vykana-cy-zor-abskardzhanne-dzeya.html

DE: https://tostpost.com/de/das-gesetz/4538-beschwerde-auf-die-handlung-eines-gerichtsvollziehers-probe-einspruch-.html

ES: https://tostpost.com/es/la-ley/4542-la-queja-a-la-acci-n-de-un-agente-judicial-el-ejemplo-la-apelaci-n-de-.html

HI: https://tostpost.com/hi/the-law/2564-against-the-action-of-the-judicial-police-officer-executor-sample-appe.html

JA: https://tostpost.com/ja/the-law/2563-against-the-action-of-the-judicial-police-officer-executor-sample-appe.html

KK: https://tostpost.com/kk/za/4541-reket-ne-sot-pristavy-oryndaushy-lg-s-s--reketter-ne-sha-ymdanu-sot-pr.html

PL: https://tostpost.com/pl/prawo/4542-skarga-na-czynno-komornika-wykonawcy-pr-bki-odwo-anie-od-czynno-ci-kom.html

PT: https://tostpost.com/pt/a-lei/4539-a-den-ncia-sobre-a-a-o-judicial-oficial-de-justi-a-int-rprete-a-amostr.html

TR: https://tostpost.com/tr/hukuk/4546-ikayet-zerine-eylem-m-ba-ir-sanat-rnek-kararlar-n-n-temyiz-mahkeme-icr.html

UK: https://tostpost.com/uk/zakon/4542-skarga-na-d-sudovogo-pristava-vikonavcya-zrazok-oskarzhennya-d-y-sudov.html

ZH: https://tostpost.com/zh/the-law/2742-against-the-action-of-the-judicial-police-officer-executor-sample-appe.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

Comments (0)

This article has no comment, be the first!

Add comment

Related News

Labor and civil law contract: General and special

Labor and civil law contract: General and special

Labour relations can be organized not only on the basis of the labour code, but based on a different legal framework - civil law. Moreover, the use of this base allows the employment relationship to both physical and legal persons...

How does establishing paternity in court?

How does establishing paternity in court?

the Establishment of paternity in a judicial procedure in Russia-the phenomenon frequent enough. The need for it arises in the case where the citizen, not married with a woman, unwilling to bear the maintenance obligations for the...

What is citizenship, and other issues associated with this constitutional institution

What is citizenship, and other issues associated with this constitutional institution

What is citizenship? This question and answer are not of theoretical interest. The fact that the legal status of the individual in any country of the world is based on this constitutional institution, and therefore this phenomenon...

The power of attorney to receive wages: the legal aspects

The power of attorney to receive wages: the legal aspects

the power of Attorney to receive wages in cash organization may be required in situations where the person may not self-refer to the employer and get the money they earned. Some of the nuances of drafting of this important documen...

The tax code of the Russian Federation. Article 46 of the tax code

The tax code of the Russian Federation. Article 46 of the tax code

As you know, persons receiving income have to pay taxes to the budget. This is stated in the tax code (31.07.1998). Article 46 Code stipulates the consequences of breach of this obligation. In particular, the norm lays down the pr...

Division of jointly acquired property of spouses: a sample of a claim. Claim for division of matrimonial property. The agreement on section jointly acquired property

Division of jointly acquired property of spouses: a sample of a claim. Claim for division of matrimonial property. The agreement on section jointly acquired property

division of jointly acquired property the former spouse brings a lot of problems. Questions related to this issue, often solved only in a judicial order. And not always divorced citizens are happy with the result. What I should kn...