Application for sending a writ of execution to bailiffs. Application for initiation of enforcement proceedings

One of the ways to achieve intensification of actions for the execution of a court decision is a complaint to a senior bailiff. Reasons are desirable. For example, the actions of a bailiff are against the law. The bailiff is inactive or otherwise violates the rights of persons involved in. But in general, filing a complaint will force you to pay attention to. Subject to compliance with the requirements for the content of the document.

The procedure for filing a complaint is regulated by Chapter 18 of the Federal Law "On Enforcement Proceedings". The law established requirements for the deadlines for filing, the form and content of the document. In addition to the complaint, citizens and legal entities always have the right to apply to the court.

Example of a complaint to a senior bailiff

senior bailiff

OSB of Zarinsky district

Altai Territory

from Viktor Sergeevich Petrenko,

address: 656000, Barnaul, st. Vyazemskaya, 115, apt. 2

tel. 854258156

I, Viktor Sergeevich Petrenko, am a recoverer in the framework of enforcement proceedings dated December 17, 2021 No. 2346/14/24346/2021. I received a writ of execution series FS No. 148/14 on December 16, 2021 in the Zarinsk City Court of the Altai Territory in a case caused by an accident. I personally presented it to the OSP of the Zarinsky district. The debtor in enforcement proceedings is Kor Vasilina Igorevna. Enforcement proceedings are being executed by the bailiff Zaitsev Anton Sergeevich. To date, 5,000 rubles have been collected in my favor. in accordance with the foreclosure on the debtor's funds. In addition, a decision was made on a.

On 10/11/2022, I turned to the bailiff with. I found that enforcement actions in my case have not been carried out since April 2022. In violation of Art. 14 and 64 of the Law on Enforcement Proceedings, the debtor did not provide information about the property belonging to him on the right of ownership and about accounts held in banks or other credit organizations. In violation of Art. 65 of the Law, no executive search was announced for the debtor's property. Measures to foreclose on the debtor's property were also not carried out.

Based on the foregoing, guided with. 14, 50, 64, 65, 123-124 of the Federal Law "On Enforcement Proceedings",

1. Consider my complaint on the merits.
2. Check the information I have provided and oblige the bailiff-executor of the OSB of the Zarinsky district to take and execute all the measures provided for by the Federal Law "On Enforcement Proceedings" to satisfy my requirements in accordance with the writ of execution and within the framework of enforcement proceedings dated 12/17/2021 No. 2346/14/24346/2021.
3. Notify me of the consideration of the complaint in the manner prescribed by Art. 127 of the Law.

Petrenko V.S. October 20, 2022

Complaint to the senior bailiff: content

Any person who takes part in the process of executing a court decision (other body) has the right to file an application (complaint) addressed to the senior bailiff. These are both, and participants (including within the framework of committing).

The applicant has the right to file a complaint within 10 days from the date of issuance of the contested decision, refusal to satisfy applications (for example, on renewal, etc.), or from the fact of establishing the inaction of the bailiff. In the latter case, the complaint must express what exactly the inaction consisted of. That is, what actions the bailiff had to do (and in what time frame). If the 10 days for filing a complaint are missed, the applicant attaches a request for the restoration of the missed period.

The text of the complaint must include the following information:

1. Full name, position of the official whose actions, refusal to commit them or whose inaction is being appealed;
2. FULL NAME. applicant, address, contact phone number.
3. Grounds for appeal (legal basis for the complaint).
4. Requirements: consider the complaint, hold accountable, cancel the illegal decision, etc.

Documents that are available in the case file may not be submitted. But if the applicant has them, but they are absent in the case (it is possible to find out by submitting an application for familiarization with the enforcement proceedings), they are attached to the complaint. The document is signed by the applicant himself or his representative (if there is a power of attorney). And a special power of attorney.

It is impossible to appeal the following documents: on the recovery of a; the result of the property appraisal carried out by the appraiser. Or if a similar complaint has already been considered by the court.

Rules for filing and considering a complaint to a senior bailiff

A complaint against the decision of the bailiff is submitted to the senior bailiff, who is his superior. This can be done at a personal appointment, through the UFSSP website.

Article 123 of the Law on Enforcement Proceedings contains a list of persons to whom a complaint is addressed. It depends on who approved the challenged decision. In principle, the applicant can immediately send a complaint to the name of the chief bailiff. This is the head of the UFSSP for the region. It is addressed (redirected) to the address.

The response to the complaint must be received within 10 days from the date of filing the application. And if it is denied consideration - within 3 days. In the latter case, you can file a complaint with the chief bailiff or in court.

A complaint to the senior bailiff may be filed as many times as necessary until the end of the enforcement proceedings.

Application to the head of the bailiffs to withhold money (debt) from the salary (pension). The Office of the Federal Bailiff Service accepts for consideration written appeals from citizens, as well as those received in the form of an electronic document (by e-mail or through the Internet Reception system).

In accordance with Art. 7 of the Federal Law "On the Procedure for Considering Appeals from Citizens of the Russian Federation", a citizen in his written appeal (application) must indicate:

1. the name of the state body to which the written appeal is sent, or the surname, name, patronymic of the relevant official, or the position of the relevant person;
2. your last name, first name, patronymic (the last one, if available);
3. the postal address to which the response should be sent, notification of redirection of the appeal (or e-mail address, if the response should be sent in the form of an electronic document);
4. the essence of the proposal, application or complaint;
5. personal signature and date.

If necessary, in support of his arguments, the citizen shall attach documents and materials or their copies to the written application.

When sending an appeal to the Office of the Federal Bailiff Service of Russia, in order to promptly request information and prepare a response, it is necessary to indicate in the appeal information about the territorial department in which enforcement proceedings are being executed, full information about the debtor - full name, place of residence, date of birth (if the applicant has this information).

The response to the appeal is not given in the following cases:

1. if the appeal does not indicate the name of the citizen who sent the appeal, and the postal address to which the response should be sent;
2. if the text of the written appeal is not readable.

Upon receipt of a written appeal that contains obscene or offensive language, threats to the life, health and property of an official, as well as members of his family, the state body has the right to leave the appeal unanswered on the merits of the questions posed in it and inform the citizen who sent the appeal about the inadmissibility abuse of the right.

The appeal, in which the court decision is appealed, shall be returned to the citizen who sent the appeal within seven days from the date of registration, with an explanation of the procedure for appealing this court decision.

If a citizen’s written appeal contains a question to which he was repeatedly given written answers on the merits in connection with previously sent appeals, and at the same time, new arguments or circumstances are not given in the appeal, the head of the state body or local self-government body, an authorized official has the right to decide on the groundlessness of the next appeal and the termination of correspondence with the citizen on this issue, provided that the specified appeal and previously sent appeals were sent to the same state body (official). The citizen who sent the appeal is notified of this decision.

Other useful materials from the section "Law and Law" ...

Application to the head of the bailiffs to withhold money (debt) from the salary (pension)

Head of the PCB for the city of Moscow
___ Full name. ___________________
from Rusinova Tatyana Yurievna

Statement

In the OSP for the city of Moscow, there is an execution document No. 2-334 dated 08/01/2014 on the recovery of a debt in the amount of 238,063.00 rubles from Alexander Viktorovich Rusinov in my favor.
Rusinov Alexander Viktorovich works (receives a pension) __________________ address (if you know).
I ask you to send copies of the materials of enforcement proceedings 10220/12/22/59 dated 09/12/2014 in relation to Alexander Viktorovich Rusinov at the place of income instruction, i.e. for wages in _____________________, notify me about sending documents for the production of deductions, send mail to the address: Moscow, st. Moscow 1-12.

The date _______________
Signature ____________

Application to the chief of the bailiffs to withhold money (debt) from the pension

Head of bailiffs ______ F.I.O. ________
from Rusinova Tatyana Yurievna
address: Moscow, st. Moscow 1-12

Statement

I ask the debt from Alexander Viktorovich Rusinov to be withheld from his pension

Number ___________
Signature _________

Application to the head of the bailiffs for consent to be the custodian of the arrested property free of charge

Acting Head of the UFSSP
Russia in the Moscow region N.N. Khachetlov
from Rusinova Tatyana Yurievna
registered at the address: Moscow, st. Moscow 1-12
passport series 5511 No. 444444, issued on 05.05.14
OUFMS of Russia for the Moscow region
tel: +7 900-900-99-99

Statement

I, Rusinova Tatyana Yuryevna, agree to be the custodian of the arrested property on a gratuitous basis, namely:
car WOLKSVAGEN POLO under the act of inventory (seizure) of property dated 12/30/14 and seized under the act of seizing property dated 12/30/14.

Number ____________
Signature ____________

In accordance with the current legislation, a court decision that has entered into legal force is binding and must be carried out without fail. But not all persons comply with the conditions of the court decision. That is why the legislation provides for the possibility of enforcement of a court decision. Enforcement of a court decision is carried out by bailiffs on the basis of certain legislative acts.

Features of compiling a document

Legislative regulation

Legislation carefully regulates the procedure for the enforcement of a court decision. In particular, procedural legislation provides for the procedure for the entry into force of a court decision. For example, it states that a court decision comes into force after the expiration of the period given to the parties to the proceedings to appeal it. And says that the appeal may be filed within a month from the date of the decision.

Important! After the expiration of the specified period, the court decision enters into legal force and can be enforced.

To start the enforcement process, you must submit an appropriate application to the court and receive a writ of execution, which must be presented to the bailiff service. Based on the presented writ of execution, enforcement proceedings are initiated. The procedure for initiating enforcement proceedings and the implementation of enforcement actions received its regulation in.

When a Request is Necessary

Of course, the legislation carefully regulates the procedure and terms for the implementation of executive actions. But bailiffs do not always perform their duties conscientiously. Very often they violate the deadlines established by law, and also do not provide the applicant with information regarding the enforcement actions taken.

Accordingly, in the above cases, it becomes necessary to draw up an application - a request for measures taken by the bailiff to fulfill the requirements of the executive document. After all, the applicant has every right to receive information about the actions performed by the bailiff.

How to compose and send

Statement - a request for the measures taken by the bailiff-performer to fulfill the requirements of the executive document must be drawn up in writing.

Important! in the text of the application, it is necessary to indicate the data of the court case, as well as the writ of execution on the basis of which enforcement proceedings were initiated. If the applicant has a number of enforcement proceedings, then this number must also be indicated.

In the text of the statement, it is also necessary to make a reference to the relevant legislative acts (, Federal Law “On the Procedure for Considering Citizens’ Appeals in the Russian Federation”). After indicating these legislative acts, it is necessary to write the applicant's questions and the data about which he wants to receive information.

It is advisable to make an application in two copies, one of which must be left with the applicant. The application may be mailed with acknowledgment of receipt. It can also be handed directly to the bailiff service. But in this case, on the second copy of the application, the relevant employee stamps and signs on receipt of the application.

Completed sample document

To the head of the department - senior bailiff ______________________ OSB
(FULL NAME.)
department address
from (FULL NAME.),
residing at:
(address), telephone

Statement.

In the proceedings of the bailiff-executor _____________ OSB (FULL NAME.) there is enforcement proceedings No. __________________, initiated on "__" ________ 20__ on the basis of a writ of execution - court order No. _________ dated "__" ________ 20__, to recover in my favor the amount of debt from __________.

To date, the requirements of the executive document have not been fulfilled (partially fulfilled), I do not have information about the progress of enforcement proceedings.

Based on the foregoing, guided by Article 50 of the Federal Law “On Enforcement Proceedings” No. 229-FZ of 02.10.2007, I ask you to comply with the established paragraph 1 of Article 12 of the Federal Law “On the Procedure for Considering Citizens' Appeals in the Russian Federation” No. 59-FZ of 02.05 .2006 30-day period to report what measures were taken by the bailiff to fulfill the requirements of the executive document (indicating the dates of all enforcement actions and enforcement measures):

1. Were requests sent to banks and registration authorities (Pension Fund, Inspectorate of the Federal Tax Service, traffic police, GIMS, state technical supervision, FRS, BTI, other registration authorities).
2. Whether the output was carried out at the place of residence of the debtor.
3. Was the debtor summoned to the bailiff on subpoenas / demands / notices.
4. Whether the debtor was forced to drive.
5. Was the debtor warned about criminal liability for evading payment of accounts payable under Article 177 of the Criminal Code (if the debt is over 250 thousand rubles).
6. Was a request sent to the OUFMS about the place of registration of the debtor, as well as whether he has a foreign passport, if there is an OZP, whether the bailiff issued a decision to restrict the debtor's right to leave the Russian Federation.