Complaints you may file within 10 days from the date of the decision or performing an illegal, in your opinion, actions. If you appeal the inaction, then you have 10 days from the date of establishment of the fact of this omission.Such complaints could be considered superior officer of the bailiffs ' system and the courts. Choice instance for you.
The law stipulates that a complaint related to the enforcement proceedings is served in writing. Arrange it in the following way.In the upper right corner, specify where to direct the complaint to senior bailiff (name, position) or in court (name, location). Here we will state against whom the complaint is made: "the person Concerned: name, surname, position of a bailiff" and their data: "the Applicant: name and place of residence."The title of the document indicate: "Application for recognition of actions of judicial police officer-executor illegal or against the decision of the judicial police officer-executor".
Further describe the circumstances of the case, for example, "the bailiff ________ regional Department UFSSP on _______region Ivanov I. I. __.__.20__. issued a decree prohibiting the passage of the state checkup of a vehicle belonging to me by right of ownership and not under arrest." Then indicate the grounds on which you consider necessary the decision to cancel, action (inaction) of a bailiff to invalidate. For example, "I Think this ruling illegal and subject to cancellation on the following grounds.Having taken the decision to ban the passage of the state checkup of the vehicle, the bailiff violated the principle of correlation of volume of requirements of the claimant and the compulsory execution measures. Given that the requirement of the claimant is 7500 RUR, depriving me of the use of assets with a value of 300 000 rubles is a direct violation of my rights.The ability to use my car is my only source of income. Thus, the actions of the bailiff Ivanov I. And I can't engage in economic activity, as a consequence, are unable to repay the debt to the creditor. In this situation it is sufficient to have a ban on deregistration and change of registration data of vehicles, ensuring the impossibility of their alienation to third parties.I draw the attention of the court (officials) that debt to the creditor is extinguished me monthly.Given that the legislation does not provide such a measure of compulsory execution of obligations as the prohibition of public inspection of the vehicle, making the decision of __.__.____G., bailiff Ivanov I. I. violated existing legislation".
In the conclusion make reference to the provisions of the law providing for the filing of the complaint and state your requirements: "based On the foregoing and in accordance with articles 197,198 of the APC, Please: 1. To recognize the actions of a bailiff to prohibit the state technical inspection of a vehicle illegal. 2. To cancel the decision of the court bailiff Ivanov I. I._.__.____No.___". You can also ask the court and the head of the authority to cancel the decision in whole or in part, to oblige the police officer to adopt a new resolution, identify measures to eliminate violations.
In the end of the manuscript should sign the complaint and date of its compilation. If you are a representative of the applicant, attach their power of attorney.
If you make a complaint to the court, and execute all applications in accordance with the requirements of the law. Don't forget to enclose the receipt confirming payment of the fee and the text of the contested decision. If you write to a superior, to attach documents to the complaint is not necessary, all materials will be requested.
The regulatory framework for complaint: CH. 24 APK Russian Federation, Chapter 25 code of civil procedure of the Russian Federation, Chapter 18 of the Federal law "On enforcement proceedings".