The bailiff is an authorized representative of the judicial executive power that collects any types of debts in accordance with Article No. 229-F3 of the Federal Law “On Enforcement Proceedings”. It is possible to recover money from the bailiff if he is inactive or missed the opportunity to make an inventory of the debtor's property.
It is necessary
- - application to the Federal Bailiff Service;
- - application to the prosecutor's office;
- - application to the court.
Instructions
Step 1
You can collect any type of debt under a writ of execution, which is issued on the basis of a court order, by yourself, by contacting your place of work or the bank where there are deposits of the debtor. If you have not been able to collect the debt on your own or you do not have time to deal with it, contact the bailiff service.
Step 2
On the basis of your application and the submitted writ of execution, the bailiff is obliged to begin enforcement proceedings for the enforced debt collection within 7 working days from the date of your appeal.
Step 3
The terms of enforcement are limited to two months. If during this period you still have not received the money for the debt, you have the right to file an application with the Federal Office of the Bailiff Service, the prosecutor's office or the arbitration court.
Step 4
The bailiff will conduct an official investigation and open a criminal case regarding the failure to fulfill his duties. If only the deadlines for collecting the debt have been missed, the bailiff will be given additional time to carry out enforcement proceedings or entrusted with the conduct of the collection case to another bailiff.
Step 5
If the opportunity to collect the debt is missed, and the bailiff's guilt is proven, the court will issue an order to recover the entire amount under the writ of execution from the culprit.
Step 6
This variant of the outcome of events is possible if the debtor had property, and he managed to realize it within the time frame established for enforcement proceedings. For example, you filed an application for enforced debt collection on the 1st day, enforcement proceedings must begin no later than the 8th day, the time frame for collection is limited to two months. If the debtor managed to sell all the available property during these two months, the bailiff will be found guilty and obliged to pay you the entire amount of the debt.
