Bailiffs collected money for someone else’s debt, sent child support to the wrong person or recorded other people’s debts against your child. You can get the money back and seek compensation, but the state pays, and you will have to prove your case.
We studied the provisions of law and court decisions from 2021 to 2026. Below is whom to sue and for what, what the practice shows and who pays for a lawyer.
The main points:
- a claim for damages is filed against the Russian Federation represented by the Federal Bailiff Service (FSSP), and the money comes from the treasury (para. 81 of Supreme Court Plenum Resolution No. 50 of November 17, 2015);
- you can claim losses, non-pecuniary harm and court costs, but each claim must be supported;
- non-pecuniary harm is awarded when personal non-property rights are infringed, and the sums in the cases we found are small, from 6,000 to 15,000 rubles;
- an application for court costs is filed within three months after the last court act.
The provisions are given as of October 28, 2026. We read the court acts discussed here in full, and links stand under each case.
Who Is Responsible for a Bailiff’s Mistake?
Harm caused by unlawful acts of officials is compensated by the state from the treasury (Art. 1069 of the Civil Code of the Russian Federation, the “Civil Code” below). The claim is filed against the Russian Federation represented by the FSSP (para. 81 of Plenum Resolution No. 50).
If you picked the wrong defendant, that is no reason to reject the claim or return it: the court itself will name the Russian Federation as the defendant and bring in the FSSP (para. 81).
What Can You Recover?
Three kinds of claims:
- losses: money you lost or will have to spend to restore your right (Arts. 15 and 16 of the Civil Code);
- non-pecuniary harm: monetary compensation for suffering if personal non-property rights are infringed, for example the right to petition or freedom of movement (Art. 151 of the Civil Code);
- court costs: the state fee, postage and a lawyer’s fee within reasonable limits.
Non-pecuniary harm from acts that affected only property rights is not compensated (para. 37 of Supreme Court Plenum Resolution No. 33 of November 15, 2022). Losses and non-pecuniary harm should be supported separately.
What Must You Prove?
The court checks four things:
- the harm itself;
- the unlawfulness of the bailiff’s acts;
- the fault;
- the link between the acts and the harm (para. 82 of Plenum Resolution No. 50).
A separate ruling that the bailiff’s acts were unlawful is not needed: the court assesses lawfulness when it hears the claim for damages. A finding of unlawful inaction does not by itself prove non-pecuniary harm, and the claimant must prove the suffering.
Periods for a claim:
- losses: three years from the day you learned of the violation and of whom to sue (Arts. 196 and 200 of the Civil Code);
- non-pecuniary harm from the infringement of personal non-property rights: the limitation period does not apply (para. 11 of Plenum Resolution No. 33, second paragraph of Art. 208 of the Civil Code).
We came across no court acts on limitation in claims against the FSSP. Still, do not wait: evidence gets lost, and a complaint against a ruling must be filed within 10 days from the day it was issued or you learned of it.
What is worth attaching:
- the bailiffs’ rulings and replies;
- account statements and documents on expenses;
- appeals to the prosecutor’s office and the replies;
- income certificates and, if any, medical documents.
What Does Court Practice Say?
Decision of the Leninsky District Court of Stavropol of April 15, 2026, No. 2-1132/2026. Bailiffs mistakenly transferred child support to the account of a stranger. The court awarded 56,940.48 rubles in losses, 15,000 rubles in compensation for non-pecuniary harm, the state fee and postage from the treasury. The court took into account income certificates, expenses, a credit card the claimant had to use and a doctor’s opinion (text of the decision). The decision was made by a court of first instance and could be appealed.
Appeal ruling of the Sverdlovsk Regional Court of February 12, 2026, No. 33-422/2026. The appeal court raised the compensation to a claimant for the bailiffs’ inaction from 5,000 to 6,000 rubles, while the claimant had asked for 50,000. The court noted that a finding of unlawful inaction does not by itself prove non-pecuniary harm (text of the ruling).
Supreme Court ruling of July 12, 2021, No. 5-KG21-45-K2. Money was debited from a woman’s account for the debt of her namesake, and the courts found the bank at fault. The Supreme Court held that a match in data does not release a bailiff from the duty to collect money from the debtor’s own account. The case was sent for a new hearing (text of the ruling). We could not find the outcome of the new hearing, but in 2026 courts still refer to the ruling.
Supreme Court ruling of March 25, 2026, No. 67-KAD26-1-K8. A woman turned out to be a namesake of a debtor: a stranger’s debt was shown in the FSSP database and on Gosuslugi. The Supreme Court declared unlawful the inaction of the bailiffs and of the head of the FSSP regional office and ordered the violations to be remedied. There was no claim for money in that case, but in the court’s view bailiffs answer for the accuracy of the data in the database (text of the ruling).
We found no practice on damages for other people’s debts recorded against a minor’s SNILS (the insurance number of an individual pension account): we searched sudact.ru and open sources as of October 27, 2026.
Who Pays the Court Costs, Including a Lawyer?
The losing side reimburses:
- in a claim for damages, costs are recovered from the defendant, that is, the Russian Federation represented by the FSSP, from the treasury (Art. 98 of the Code of Civil Procedure, the “Civil Procedure Code” below);
- if you challenge the bailiffs’ acts by an administrative claim and win, costs are recovered from the FSSP (Art. 111 of the Code of Administrative Procedure, the “Administrative Procedure Code” below);
- a lawyer is reimbursed only within reasonable limits, and what is reasonable is for the court to decide at its discretion, because the law names no exact criteria (Art. 100 of the Civil Procedure Code, Art. 112 of the Administrative Procedure Code);
- an application for costs is filed within three months from the day the last court act enters into force (Art. 103.1 of the Civil Procedure Code, Art. 114.1 of the Administrative Procedure Code);
- if the court rejects the claim, it will order you to pay the winner’s costs, that is, the FSSP’s, if it incurred any (Art. 98 of the Civil Procedure Code).
A lawyer can also be paid by assigning the right to reimbursement of costs, if the dispute goes under the Civil Procedure Code. The Constitutional Court allowed this in Resolution No. 60-P, but the reasonable limits on costs still apply. We consider such payment by agreement and in individual cases. Details are in the article Constitutional Court Ruling 60-P: Paying a Lawyer by Assigning Court Costs.
How Will We Help You Recover the Harm?
We work in four steps:
- You write to us in a messenger or leave a request on the site and briefly describe what happened.
- We ask clarifying questions and request documents: rulings, the bailiffs’ replies, statements.
- After studying the documents we name the price, and we start work after payment.
- You receive a written opinion signed by a lawyer. It sets out the legal position, an assessment of prospects and risks, the steps to take and a calculation of costs.
Next we can prepare a statement of claim and an application for court costs, and represent you in court. We name the terms and the price in advance. The consultation is written, so you do not need to come in: we work with clients from different regions.
We cannot promise a 100% result: the court sets the size of the compensation, and we speak plainly about the prospects of the case.
Frequently Asked Questions
Can I recover moral damages from bailiffs? Yes, if personal non-property rights are infringed and you prove the suffering (Art. 151 of the Civil Code, para. 37 of Plenum Resolution No. 33). In the cases we found, courts awarded from 6,000 to 15,000 rubles.
How much can I get? The court sets the size of non-pecuniary harm by the requirements of reasonableness and fairness (Art. 1101(2) of the Civil Code). Losses are compensated in the amount you prove (Art. 15 of the Civil Code).
Must I first appeal the bailiff’s acts? No, the court will assess lawfulness in the claim for damages (para. 82 of Plenum Resolution No. 50). It is better to file a complaint against the ruling within 10 days (Art. 122 of the Law on Enforcement Proceedings) to cancel the measures and stop the damage from growing.
Who reimburses a lawyer’s fees, and within what period should I claim them? The losing side, within reasonable limits, and the court sets those limits at its discretion (Art. 100 of the Civil Procedure Code). The application is filed within three months from the day the last court act enters into force (Art. 103.1 of the Civil Procedure Code).
Read Also
- Someone Else’s Debts at the Bailiffs: What to Do If They Are Recorded Against You or Your Child: the order of action and how to contest someone else’s debts;
- Constitutional Court Ruling 60-P: Paying a Lawyer by Assigning Court Costs: how to pay a lawyer when there is no money at the start;
- How to Cancel a Notary’s Executive Inscription in Russia: if collection goes ahead without a court;
- Can Bailiffs Take Your Cryptocurrency? What Changed on September 1, 2026: arrest, sale and the debtor’s protection under the rules in force since September 1, 2026;
- How to Find and Collect a Debtor’s Cryptocurrency: A Creditor’s Steps: where to take the document, what to ask the bailiff, deadlines.
The bailiffs made a mistake, and you lost money or peace of mind? Write to us on Telegram, WhatsApp or KakaoTalk at +7 (902) 899-07-58 or leave a request on the site. We will study the documents and name the price of the work.