Complaint against bailiff's actions - when is the creditor entitled to?


Complaint against bailiff's actions - when is the creditor entitled to?

Although the debtor is the most common person submitting complaints about the bailiff's actions, it should be borne in mind that Article 767 § 2 of the Code of Civil Procedure clearly indicates that a complaint may be lodged by a party, thus also a creditor.

Grounds for lodging a complaint

The basis for filing a complaint against the bailiff's actions is a violation of the rights of a party or another person. Infringement of rights should be understood as a situation in which a bailiff, by performing his actions or omitting to act, led to a breach or threat of the complainant's rights. At the same time, the Code does not formulate any catalog of grounds for lodging a complaint, so it should be assumed that the complaint can be justified with any procedural defectiveness of an act omitted or performed by the authority. Only it should be borne in mind that the complaint may not be based on allegations of substantive law.

A complaint against the actions of a bailiff and a complaint about the bailiff's inactivity

It is very important not to confuse these two concepts. Often, the main mistake is to submit a complaint against the bailiff's action in the event of delay or failure to take any steps on the part of this authority. It should be undoubtedly emphasized that here this type of complaint is inappropriate, because a complaint about the inactivity of the bailiff, the creditor should submit to the president of the court at which the bailiff operates or to a self-government body of bailiffs. (judgment of the Supreme Court of June 14, 1973, I CR 250/73),

The deadline for bringing a complaint against the bailiff's action

The creditor should, within seven days from the date of the act in which his right has been violated or threatened by the bailiff's action, bring a complaint to the court. The seven-day period applies if the creditor was present at a given action or was notified about its date. which the action should be performed.

Formal elements of the complaint against the actions of the bailiff

The rule of thumb is to submit your complaint in writing. Of course, the complaint must meet the requirements for each pleading. So the complaint should contain:

  1. designation of the court to which it is addressed,

  2. designation of the complaining creditor and debtor,

  3. the heading "complaint against the actions / omission of the bailiff",

  4. designation of the action performed or omitted by the bailiff, and appropriate applications - either for the repeal of the act performed or for the obligation of the bailiff to perform the omitted act,

  5. justification of the complaint with the provision of evidence in support of the circumstances cited,

  6. signature of the creditor submitting the complaint,

  7. listing of attachments.

Mateusz Jakóbiak,