The time limits for filing a complaint against the actions (inaction) of the bailiff and the powers of the Lawyer's Lawyer

When deciding whether to file a complaint against the actions (inaction) of a bailiff through a representative (Lawyer, Lawyer), it is necessary to grant them authority when issuing a Notarized Power of Attorney. The powers of the representative to perform each of the procedural actions specified in paragraph 2 of Article 19 of the Law must be specifically provided for in the power of attorney issued to the representative. The power of attorney issued by the representative must specifically specify the representative's authority to perform the following actions:

presentation and revocation of the executive document;

transfer of authority to another person (transfer of trust);

appeal against actions (inaction) or decisions of the bailiff;

receipt of the awarded property (including money);

conclusion of a settlement agreement.

After filing a complaint with the district (city) court of the territorial area served by the bailiff or at the place of registration of a private bailiff, the Court decides whether to accept the complaint into proceedings and verifies whether the party has complied with the deadline provided for in part one of Article 250 of the CPC. Where agreed, the complaint is filed within ten working days from the date of the action (refusal to perform the action) or from the day when the recoverer or debtor, who was not notified of the time and place of the action by the bailiff, became aware of it.

The time limits for filing a complaint against the actions (inaction) of the bailiff and the powers of the Lawyer's Lawyer

The party who applied to the court is obliged to provide evidence of when it became aware of the action (inaction) or refusal to perform the action committed by the bailiff. It follows from the meaning of parts one and two of Article 124 of the CPC (Consequences of missing a procedural period) that the right to perform a procedural action is extinguished upon the expiration of the procedural period established by law.     Therefore, when filing a complaint after the expiration of the period established by the first part of Article 250 of the CPC, the recoverer or debtor must additionally send to the court, along with the complaint, a petition for the restoration of the missed deadline, if no petition for the restoration of the missed deadline has been filed with the court, the complaint will not be accepted into court proceedings and returned to the applicant by court ruling in accordance with Article 124 of the CPC. The return of the complaint does not prevent a second appeal to the court with an application for reinstatement of the missed deadline attached to the complaint.

The time limits for filing a complaint against the actions (inaction) of the bailiff and the powers of the Lawyer's Lawyer

The restoration of the missed time limit is decided by the court at the stage of accepting the complaint in accordance with the second part of Article 126 of the CPC, which stipulates that the time limits established by this Code may be restored by the court if they are missed for reasons recognized by the court as valid, that is, a claim for protection of rights must be submitted to the application for restoration of the time limit, and a document confirming the validity of the application must be submitted. the reasons for missing the deadline. 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases