Complaint against the bailiff

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Complaints against bailiff acts - acts as a means of protecting the interests of the parties in the enforcement proceedings and the correct course of the execution.

It will be used for all bailiff actions if the legal proceeding does not provide for another remedy, including failure to act or to refuse to do so.

It is filed with the court where the bailiff is located. If the bailiff has been selected outside the general jurisdiction, the court will determine the suit, which would be appropriate according to the general rules. It can be filed by a litigant or other person whose rights have been compromised or threatened.

A complaint is filed with the court within one week of the date on which the party or person whose law has been infringed or threatened by the bailiff has been present or has been notified of it, in other cases - to perform the action of the party or person whose right has been violated or threatened by the bailiff's action or, in the absence of notification, from the date on which the action should be taken.

Complaints should comply with the requirements of the pleading and, in addition, specify the contested action or action, which has been discontinued and the request for amendment, repeal or action with justification.

When the complainant lodges a complaint after the due date, unpaid or otherwise unacceptable, and fails to complete the due date, the court shall reject the complaint. Complaints are filed against the court.

Please note that the decision of the court of second instance recognizing such a complaint - a cassation appeal to the Supreme Court does not fall under Art. 767 § 2 of the CPC. Bibliography

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