How to appeal the decision of the court bailiff
How to appeal the decision of the court bailiff
Making payments on the loan untimely,bailiffs have the right to withdraw from the borrower property, for example, a car that was purchased for borrowed funds. If the actions of the executive bodies violate the current legislation, the debtor has the right to appeal decree bailiffs. For this it is necessary to write a complaint, the mandatory details of which are determined by the Civil Procedure Code of the Russian Federation.
You will need
- - The Civil Procedure Code of the Russian Federation;
- - passport;
- - requisites of the court;
- - The decision of the bailiff;
- - requisites of the bailiff;
- - information about the debt.
Instructions
1
With illegal seizure of property by judicial bailiffs a person who is a borrower has the rightwrite a complaint. For example, a car worth two million rubles was confiscated by the bailiffs for the rest of the debt in the amount of thirty thousand rubles. Accordingly, under the Civil Procedure Code, the rights of the debtor are violated.
2
Make a complaint. In the right corner of the blank sheet, write the name of the judicial authority into which you send the document to appeal the decision, specify the full address of its location. Then enter your personal details, the address of your registration.
3
Specify the bailiff as an interested person, enter his personal data, the name of the place of his labor activity.
4
The document in this case will not be called"Complaint", and "Statement on the recognition of unlawful actions of the bailiff". Write the date, number of the resolution issued by these bodies. Write down the number, month, year, when the bailiff began to execute the decision. Describe the circumstances under which, for example, the car was seized.
5
Referring to the CCP of the Russian Federation, write a list of rights,which were violated by the actions of the bailiff. Indicate what consequences arose after the execution of the order. For example, a car was your only source of income due to its use in business. Accordingly, without this property, you can not repay the remaining debt.
6
On the basis of the foregoing, ask for a judicialthe body that the bailiff's decision be abolished, and the actions of the state bailiff were deemed illegal. Sign the complaint-application, put the date of writing the document, indicate your name, initials.
