To receive an enforcement document and transfer it for enforcement to the system of enforcement agencies is not a guarantee of repayment of a debt or fulfillment by the debtor of another obligation. Many companies notice that the execution process is not moving and there is no contact with the bailiff. In such a situation, the actions or inaction of the bailiff can be appealed. An experienced lawyer can study the grounds for appeal and prepare a complaint.
When the actions (inaction) of the bailiff can be appealed
The bailiff has a number of responsibilities. In particular, he:
- After the initiation of enforcement proceedings, it provides the debtor with a seven-day period for the voluntary execution of the enforcement document.
- Summons the debtor or his representatives to give explanations and submit documents.
- Receives information, materials and documents on executive documents, including information that constitutes a banking secret, free of charge from citizens and organizations.
- Receives information from information systems and resources containing personal data for free without the written consent of individuals.
- Receives information that constitutes a notarial secret and documents that contain this information.
- Takes measures to ensure the execution of executive documents.
- Seizes funds and other property of the debtor.
- Announces the search for the debtor — an individual through the Department of Internal Affairs.
- Prohibits the debtor and other persons from performing certain actions that interfere with the execution of the enforcement document. For example, it prohibits the sale of property.
- Forecloses on the debtor’s funds and other property.
- Freely enters the land plots, the premises of the debtor.
- Examines the territory, furniture, and other possible places of storage of the debtor’s property to identify the property at the expense of which the debt can be collected.
- Conducts sound and video recordings, photography.
- Checks the progress of execution of executive documents in organizations that pay salaries to the debtor — citizen.
- The actions and inaction of the bailiff can be appealed when he does not fulfill his duties (inaction) or does not fulfill the duties requested by the party to the enforcement proceedings (actions).
How long the actions (inaction) of the bailiff can be appealed
When the claimant believes and can prove that the bailiff is not fulfilling his duties, it is possible to appeal the inaction or actions of the bailiff. The complaint is filed within 10 days after the claimant has found out the fact of inaction (actions) of the bailiff.
The recoverer may appeal against the decision of the bailiff, with which he does not agree, within 10 days after receiving this decision.
The complaint is made in the form of a written document.
Where to file a complaint about the actions (inaction) of the bailiff
A complaint against the actions (inaction) of the bailiff is submitted to the head of the enforcement authority. If the recoverer does not agree with the outcome of the consideration of such a complaint, you can complain to the court at the location of the enforcement authority.
The recoverer may immediately appeal to the court the decision of the head of the enforcement authority on the debtor’s complaint against the actions (inaction) of the bailiff.
State duty
There is no need to pay a state fee for filing a complaint against the actions (inaction) of a bailiff to the head of the enforcement authority.
Before sending a complaint to the court about the actions (inaction) of the bailiff, it is necessary to pay a state fee — 1 basic amount (37 Belarusian rubles) when considering a case on a complaint from an individual on issues not related to economic activity.
Before filing a complaint to the economic court, a state duty of 20 basic units (740 Belarusian rubles) must be paid.
How a complaint against the actions (inaction) of a bailiff is considered by the enforcement authority
The head of the enforcement authority shall consider the complaint within 10 days from the date of its receipt. He may ask the claimant for additional documents. In this case, the supervisor will suspend the period of consideration of the complaint, and then resume. The claimant is not called for consideration of the complaint.
What decision can be made on the complaint
The head of the enforcement authority may:
- Recognize the actions (inaction) of the bailiff as lawful and to refuse to satisfy the claim to the recoverer.
- Recognize the appealed actions (inaction) of the bailiff as illegal and write what measures need to be taken to eliminate violations.
Resolution on the results of consideration of the complaint
The resolution on the results of consideration of the complaint is sent to the parties to the enforcement proceedings (the recoverer and the debtor) on the day of acceptance or the day after acceptance.
The deadline for the execution of the resolution based on the results of consideration of the complaint
If the complaint is recognized as justified, the deadline for execution is set by the head of the enforcement authority in his decision on the results of consideration of the complaint.
How does the court consider a complaint against the actions (inaction) of the bailiff
The court considers the complaint in a court session, with the call of interested representatives of the parties.
The court shall consider the complaint no later than 1 month from the date of receipt of the complaint to the court.
How we can be useful in appealing the actions (inaction) of the bailiff
Our lawyers are experienced specialists in the field of enforcement proceedings and speak English. We can:
- Advise you on the issues of appealing against the actions (inaction) of the bailiff;
- Prepare a complaint against the actions (inaction) of the bailiff and send it to the head of the enforcement body or to the court;
- Appeal the results of consideration of the complaint by the head of the enforcement body;
- Represent your interests in enforcement proceedings by a power of attorney.
Contact us
If you have any questions about appealing the actions (inaction) of the bailiff — we will be happy to help you! Our many years of experience in the field of enforcement proceedings will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
