The creditor's complaint against the bailiff's actions


It usually happens that the debtor submits complaints about bailiffs' activities. However, it is worth remembering that the creditor is also entitled to file a complaint against the bailiff's actions.

The creditor's complaint against the bailiff's actions - the basis for its submission

A complaint may be lodged by a creditor whose rights have been violated or threatened by the actions or omission of the bailiff (Article 767 § 2 of the Code of Civil Procedure). The grounds for the complaint have not been indicated, so a complaint can be based on any procedural defect in an act that has been performed or omitted. The complaint may not be based on substantive law allegations.

Can this type of complaint be brought if a bailiff is inactive?

It is a common mistake to use this type of complaint in the event of the sluggishness and inactivity of the bailiff. Here, this type of complaint is inappropriate (the judgment of the Supreme Court of June 14, 1973, I CR 250/73), and the creditor should submit an administrative complaint to the president of the court at which the bailiff operates or to the bodies of the self-government of bailiffs (Articles 6 and 65 par. 3 of the Bailiffs Act). A procedural legal remedy for excessive length of proceedings caused by inactivity of a bailiff is a complaint provided for in the Act of 17 June 2004 on a complaint for violation of a party's right to hear a case in court proceedings without undue delay.

When is a complaint made?

The complaint shall be lodged with the court within one week from the date of the action, when the party or the person whose right was violated or threatened by the bailiff's action was present at the action or was notified of its date, in other cases - from the date of notification of the action, and in the absence of notification - from the date on which the activity should be performed.

What is the form of the complaint, what should the letter contain?

As a rule, the complaint is submitted in writing. The complaint should meet the same requirements as for any pleading. Should contain:

1) the designation of the court to which it is addressed, the creditor submitting the complaint and the debtor,

2) the name "complaint against actions / omissions of the bailiff" in the title,

3) 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,

4) justification of the complaint with the provision of evidence in support of the above-mentioned circumstances,

5) signature of the creditor submitting the complaint,

6) listing the attachments (Article 767 § 3 of the Code of Civil Procedure).

The court resolves matters relating to a complaint against an act or omission of a bailiff in the form of a decision against which the complaint is served.