Can You File a Complaint with the Prosecutor’s Office if a Private Bailiff Acts Illegally?

Yes. If a private bailiff acts unlawfully or fails to act, you may file a complaint with the Prosecutor’s Office. However, in many cases it is more effective to first submit a written request to the bailiff, then complain to the Department of Justice or the court.

When can you complain to the Prosecutor’s Office?

You may file a complaint if the bailiff:

• does not remove an arrest after full repayment;
• unlawfully blocks bank accounts;
• fully arrests a salary or social benefit card;
• unlawfully restricts property;
• does not remove you from the debtor list;
• does not remove a travel ban;
• ignores written requests;
• delays enforcement proceedings.

Where should you complain first?

Usually, the best order is:

1. Written request to the bailiff;
2. Complaint to the Department of Justice;
3. Complaint to the Prosecutor’s Office;
4. Complaint to the court.

What should the complaint include?

The complaint should include:

• applicant’s details;
• bailiff’s full name;
• enforcement case number;
• description of the violation;
• rights that were violated;
• request to conduct an inspection and take measures.

What documents should be attached?

It is recommended to attach:

• copies of the bailiff’s resolutions;
• payment receipts;
• previous requests to the bailiff;
• bailiff’s replies;
• bank statements;
• other evidence.

How to submit the complaint?

The complaint may be submitted:

• via eOtinish;
• in person to the Prosecutor’s Office;
• by post;
• electronically.

Conclusion

You can complain to the Prosecutor’s Office about unlawful actions of a private bailiff, especially if the violation is serious or other authorities do not respond. At the same time, complaints to the Department of Justice and the court should also be considered.

FAQ

Can I complain directly to the Prosecutor’s Office?

Yes, but the complaint may be forwarded to the Department of Justice.

Where is it more effective to complain?

Usually, to the Department of Justice or the court.

Can the complaint be submitted online?

Yes, through eOtinish.

What if the bailiff does not respond?

You may file a complaint about inaction.