Wednesday, July 6, 2011

How to appeal the actions of a bailiff?


The bailiff does not properly perform his duties, his actions can be appealed to a certain order.  In great detail this procedure is described in the Federal Law "On Enforcement Proceedings".  I will focus on some features of complaints about facing the victims of unscrupulous bailiffs’ people.
The first thing to note is an alternative remedy.  A complaint against the bailiff's action may be filed in accordance with subordination to a higher court bailiff, and in the appropriate court.  It is not necessary before filing a complaint in court a long walk up the steps of departmental authorities of bailiffs.  You can immediately appeal the improper actions of the court, instead of waiting for superiors sorted out with a subordinate police officer.  It should be noted that this approach is more effective because your complaint gets more independent assessment.
The next moment, with which so many are confused - is the court where you file a complaint. The complaint filed in court, in the district of which the police officer performs his duties.  That is, if you appeal a police officer of H-sky area, for example, the Voronezh region, the complaint should be made in the H-sky District Court of Voronezh region, even if the Bailiff's Service is located in the B-relativistic region Voronezh region.
But if the writ is issued by the Arbitral Tribunal, then, of course, to appeal the actions the police officer should be the Court of Arbitration.  Also appeal the actions of the bailiff to the Court of Arbitration, if the performance is related to business activities (st.128 Federal Law "On Enforcement Proceedings").
Many in the complaint violate the terms of appeal.  Complaints are filed within ten days from the date of the contested decision, the commission of unlawful acts or omissions.  If a person is not informed of the decision making, perfect action, or inaction is not aware of, the complaint is filed within ten days, when the person became aware of it or should have known.  In any case, if the 10-day period is omitted, then the complaint must be given the request for his recovery, indicating a good reason to pass.  Either should be a link to something, when actually received the decision, became aware of the acts or omissions.
Details of the complaint and described in detail in article 124 of the Federal Law "On Enforcement Proceedings".  Necessarily in the operative part of the complaint indicate your requirement, ie  what you want: the abolition of regulations, require a ruling (for example, the attachment of property), to recognize the action (or inaction) illegal, and what action you are asking to take to remedy the violation (eg, seizure of property , enforcement or recovery of property owners and m . etc., etc.)
If as a result of enforcing judgments bailiff admitted several violations, be sure to list all of the complaint because the court will work with enforcement proceedings to the extent indicated in your complaint.  And to go beyond its requirements, ie  required to correct the violations, the elimination of which you did not ask the court in accordance with the civil procedural law can not.

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