When state enforcement officers act unlawfully: deadlines and procedure for appealing their decisions

Many people encounter public or private enforcement services when they need to collect a debt, alimony, wages, or enforce a court decision in some other way. The enforcement officer must act quickly, fairly, and within the law. If their decisions or inaction seem unfair, they can be appealed.

An appeal means formally going to court to complain that the enforcement officer has violated your rights. This can only be done within a certain time frame. The law sets a period of 10 calendar days for filing a complaint from the moment you become aware of the violation. If the case involves a postponement of enforcement actions, the period is reduced to 3 days. After these deadlines, the court will dismiss the complaint unless there is a separate motion for renewal and evidence of valid reasons for the delay.

The Supreme Court emphasizes that these deadlines are counted in calendar days, not working days. Therefore, delaying may result in the loss of the opportunity to defend your rights, even when the enforcement officer’s decision is clearly unlawful.

The complaint must be submitted in writing. It must specify the actions or decisions of the enforcement officer that are being challenged, the details of the enforcement document, and the circumstances that support your position. It is important to keep all decisions and notifications, as they may be used as evidence in court.

The most common situations for appeals include delays, inaction on the part of the enforcement officer, unjustified seizure of property, failure to respond to requests, and disregard of the duty to take enforcement measures. In such cases, citizens have a legal tool for control and protection—the right to judicial review.

An appeal is not a conflict with the system, but a way to ensure fairness and transparency in the work of enforcement officers. If their actions go beyond the law or violate the rights of participants in the proceedings, the law provides the opportunity to demand a review and elimination of violations.

If you have any questions or need legal advice or assistance in preparing documents, please contact the lawyers of our team at Strategic Advocacy.