Litigation Notes: Appeal against actions of bailiffs

Be cautious when choosing a bailiff

Among the cases on appeal against the actions of the Private Bailiff, the most common reason was the late notification of the debtor about the initiation of enforcement proceedings. For example, the debtor denied receiving a decision on initiation because the postal invoice was signed by his roommate, not by him. Therefore, we had to interview witnesses (neighbors) to prove the fact of delivery.

There were also cases related to the interruption of the deadline for submitting the writ of execution for fulfillment. For example, when changing a judicial act in the cassation instance and partially executing such a judicial act in enforcement proceedings.

There was a curious case when the Private Bailiff seized property from a third party who acquired this property from the debtor under a ban on the alienation of property as part of the security of the claim. A counterclaim was filed in court to declare the transaction between the debtor and a third party invalid.