Step-by-step instructions on how to write a complaint about the inaction of bailiffs regarding alimony. Sample document

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Published: 10/16/2020

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Execution of the decision of the judicial authority is the responsibility of the party who lost the case. Similar conditions are imposed on citizens who support a child. However, what to do if the ex-husband does not pay alimony and the bailiffs are inactive. The occurrence of such a situation is grounds for initiating proceedings and filing a complaint with the regulatory authorities.

How bailiffs should work with alimony debtors.

• 1 Procedure and duties of the bailiff in the framework of forced collection of alimony payments 1.1 Legal framework and responsibility for inaction

The role of this service in the collection process

According to the Law “On Bailiffs”, the tasks of bailiffs (SP) include the enforcement of judicial acts.

After the magistrate issues an order to collect alimony or a corresponding court decision is made, the bailiffs are obliged to initiate enforcement proceedings and begin collecting money from the alimony payer.

During the collection process, executors:

1. apply to the debtor’s place of work with enforcement documents to collect alimony from his earnings;
2. conduct explanatory conversations and warn about administrative and criminal liability in the event of arrears in alimony;
3. communicate with the creditor, considering their applications and petitions;
4. search for the debtor's assets (if his salary is not enough or he does not have a job), seize them and sell them to pay off the debt;
5. announces a search for the debtor under a writ of execution, and also initiates restrictions on traveling abroad and managing transport.

We can safely say that in the process of collecting alimony, bailiffs play a major role and both the payment of money and debt and accrued penalties depend on their activities.

Reference. The executor may even initiate a criminal case in connection with malicious failure to pay alimony, not to mention the sale of the debtor’s property and determination of the procedure for repaying the debt.

We talked in more detail about how alimony is collected through the court in this article.

If you are just about to encounter the procedure for collecting alimony through bailiffs, we recommend that you prepare and familiarize yourself with the materials of our specialists:

1. What documents need to be prepared to submit alimony to the court?
2. How to legally compose and submit an application?
3. In which court should I file a claim for payment?
4. How is the statute of limitations for alimony established?
5. How to file a claim for child and mother support?
6. How to file a claim and pay the state fee?

To court

If you contact the servants of Themis, the structure of the document will be similar. In the header you will need to indicate the name of the court to which the complaint is addressed. Since 2020, such requests are considered administratively. This means that the woman will have to prepare an administrative claim on the basis of paragraph 2 of part 1 of Article 124 of the Code of Arbitration Code of the Russian Federation. When submitting an application, you do not need to pay a state fee.

Expert opinion

Sergey Nikolaevich

Judge, judicial experience - 20 years

If a complaint has already been sent to the head of the FSSP department, but this action did not bring the expected result, this fact should be indicated in the text of the document. It is allowed to file an administrative claim via the Internet. To do this, you will need to go to the official website of the court and fill out the proposed electronic form. This service is very convenient. If the child’s mother lives, for example, in St. Petersburg or Cheboksary, and the bailiff department whose employee committed inaction is located in Moscow or the Moscow region, the woman will not have to make an expensive trip again.

Rice. 2 – Form of administrative claim addressed to the judge

If you are writing a document by hand, you must fill out the form in legible handwriting. Corrections, double tracings, and the use of correction fluid are not allowed. The claim is considered by a judge within 10 days after its filing.

What to do if the ex-husband does not pay and the joint ventures are inactive?

However, despite significant powers, the work of the executive service often does not bring any results at all. For example, in the case when the debtor does not have permanent employment and earns money from temporary work, or if it is generally unknown where he is.

As a rule, in such complex cases, the work of the executors is that they send requests to various authorities and wait for answers.

If you are dissatisfied with the way the enforcement proceedings are going, you need to prepare a complaint or statement to the court.

You can appeal:

• action (inaction) of the bailiff;
• specific resolution;
• refusal to take action to collect alimony.

The complaint or statement will need to reflect exactly what your claims are, as well as what your requirements are (ensure compliance with the order or writ of execution, conduct an inspection, hold you accountable, etc.).

Based on the results of consideration of the complaint, the contractor may be subject to disciplinary or even criminal liability. In addition, if it is proven in court that his actions caused damage, then a civil claim may be brought against him for compensation.

Important! The activities of the bailiff, as well as the decisions adopted by him, can be appealed at any time, both by the claimant himself and by the alimony payer.

Where to complain?

We'll tell you where to go if the performers are inactive. The complaint is drawn up in the name of the senior bailiff of the district or his deputy, the chief bailiff of the region (or his deputy), as well as the prosecutor (Article 123 of the Law “On Enforcement Proceedings”).

The complaint is filed within ten days from the date of adoption of the decision or commission of the action (inaction) that is being disputed. Filing a complaint to these authorities is not an obstacle to filing a complaint in court.

How to file a complaint

Modern technologies have increased the range of ways to present complaints to representatives of government agencies.

Thus, a complaint on behalf of the applicant can be filed:

• by direct delivery (at a personal reception of the manager or as a result of its transfer through the office);
• by post;
• using computer technology and the Internet (for example, on the website of the territorial branch of the bailiff service).

Although modern technologies are developing rapidly, most citizens prefer to submit complaints in writing, because they are considered indisputable evidence of appeal to one or another authority.

Step-by-step instructions for completing an application

Complaints and applications against the bailiff must be submitted in writing. It is quite possible to draw them up yourself, without involving a lawyer. To do this, you need to select the reason for the appeal and prepare the text of the complaint in any form, but in compliance with the basic requirements for official documents (“header”, personal signature, etc.).

To the performer's immediate superior

An appeal to the contractor’s superiors is the first stage of the appeal. If you are unhappy with the delay in alimony payments or it seems to you that the executor is not taking any action to collect them, or has made mistakes in the work, then you can prepare a complaint to his boss or the head of the regional department of the FSSP.

The complaint states:

1. data of the joint venture whose work is being appealed (position, full name);
2. personal data of the author of the complaint;
3. number of the decision, order for the collection of alimony, date of adoption, number of the court district;
4. grounds for appeal (action or inaction, a specific resolution adopted by the bailiff, refusal to collect alimony when there was such an opportunity, etc.);
5. requirements of the person filing the complaint.

The claimant may not provide evidence when filing a complaint, but the authority considering the application may request it separately. There is no state fee for filing a complaint against the work of bailiffs. The senior SP can consider the complaint within a month.

To senior management

On a note. If, in the process of collecting alimony, a resolution was adopted, which was approved or accepted by the senior bailiff or his deputy, then it can be appealed to the chief bailiff of the constituent entity of the Russian Federation.

The text of the complaint is drawn up according to the above principle and is subject to consideration within ten days. The result of consideration of the complaint may be its full or partial satisfaction or refusal.

To the prosecutor's office

If you consider the actions or inactions of the bailiff to be illegal, you can initiate an investigation by the prosecutor's office. For this purpose, a complaint is also drawn up, which must be considered within the same 10 days.

The document must indicate all the information described above, as well as the rules of law that you think have been violated.

In the final part, you need to indicate that you are asking to check the violations and take prosecutorial response measures. Based on the results of the review, the performer may be brought not only to disciplinary, but also to criminal liability.

To court

If you want to appeal the bailiff’s work in court, then you need to write not a complaint, but a statement challenging the actions of the bailiff (the courts do not consider complaints against bailiffs).

How to write a statement about the inaction of the joint venture to collect alimony payments? The text should indicate:

1. contacts and personal data of the parties, the performer;
2. number of the bailiff's resolution on the commencement of enforcement proceedings;
3. what actions or omissions were committed and why they were illegal;
4. norms of law that were violated;
5. requirement to recognize decisions or actions (inactions) as illegal and oblige the bailiff to eliminate the violation.

Important! An application is submitted to the court in the area of ​​​​operation of which the bailiff performs his duties. This is done within ten days from the date of the decision or the commission of the actions that are being appealed. The processing period for applications is one month.

Due to the fact that specific performers are inactive

If all the measures taken do not lead to the collection of alimony, then a complaint is filed due to the inaction of the executors. It differs from other complaints in that the fact of inaction must still be documented.

Inaction can be expressed:

• in failure to meet the deadlines for the execution of enforcement documents (for example, on the arrest or seizure of property, foreclosure on income, etc.);
• not conducting a search for the debtor or his assets, as well as performing other duties of bailiffs.

The complaint is submitted to the same authorities (senior, chief bailiff, prosecutor's office). You can attach copies of documents to it (decree or court order, copy of the writ of execution, etc.).

The claimant and the debtor have the right to get acquainted with the materials of the enforcement proceedings , so you can always ask to make the necessary copies confirming the inaction of the executors.
After considering the complaint, the collection process may be accelerated if there was indeed a negligent attitude towards his duties on the part of the SSP official.

Inaction of the bailiff: concept and features

In practice, forced collection of alimony is more common than voluntary enforcement. The reason for this is not only the indifference of the payer, but also the difficult economic situation. The alimony holder is unable to fulfill his obligation without significant damage to personal interests. But this does not deprive him of responsibility.

To obtain the result, that is, to execute a judicial act (or a notarized agreement, which also has the force of a writ of execution), the recipient of alimony applies to the bailiff service in order to force the collection of amounts.

Enforcement proceedings for the collection of alimony initiated by an employee of the FSSP (Federal Bailiff Service) do not always give the desired result. This happens for two reasons: due to the impossibility of execution or the inaction of a specialist.

The inaction of a bailiff is his failure to fulfill his duties aimed at executing judicial acts and writs of execution.

Inaction can take the following forms:

• Violation of the deadlines for performing certain legally established actions, including the time for initiating proceedings and taking measures to arrest or confiscate property.
• Failure by the bailiff to fulfill obligations established by law.
• Other circumstances that can be regarded as inaction (for example, the debtor was not notified because the bailiff did not send the corresponding letter, the property was not seized, and so on).

In such circumstances, the claimant will have to take some measures to resolve the situation.

Reasons for refusal

The complaint may be refused if the applicant tries to appeal the results of the assessment of the debtor’s property (for example, undervaluation) or violated the deadlines for filing a complaint and did not file a petition for their restoration.

If a prosecutor's check or internal investigation was carried out, but no evidence of the bailiff's guilt was found, this will be brought to the attention of the applicant. The refusal decision is made within three days and can also be appealed.

What else can you do if nothing helps?

If you have taken all possible actions - calls, negotiations with bailiffs, as well as an official appeal, but this has led to nothing, then do not despair. Measures of influence:

• arrest and sale of the debtor's property, including shared ownership;
• restriction of travel and driving;
• initiation of a criminal case (at the request of the claimant or bailiff).

You can try contacting a collection agency or try to influence your ex-spouse yourself. Collectors charge up to 30% of the debt for their services, but most often achieve payment. To conclude an agreement, it is enough to provide a copy of the court decision on the collection of alimony and (if possible) information about the debtor.

In some cases, peaceful negotiations also help: an offer to pay alimony in installments , having arranged an installment plan or deferment through the court, or an offer to sell property (for example, a garage or a dacha) to pay off the debt.

Ex-wives also make overt threats: warnings about criminal liability and a criminal record that could ruin their career or emigration plans.

Note! If the debtor deliberately evades payment of alimony and this can be proven, then administrative fines and more serious penalties may be applied to him, including compulsory labor, arrest and imprisonment.

You can appeal the work of bailiffs if you do not like that the collection process is too slow or you believe that not all measures have been taken to ensure payment. To do this, you need to prepare a complaint and submit it to the senior or chief bailiff, the prosecutor's office or the court.