What is the main difference between a court order and a writ of execution? This is one of the most important issues that concerns both debtors and exactors. The answer in this case will be quite simple. A court order is an executive document that is issued only by a justice of the peace on the basis of a statement written by a recoverer. It can be canceled if a written objection is received from the debtor within the time period established by law.
A writ of execution shall be issued only after the entry into force of a court decision. After that, the collector has the right to send the document to the bailiffs for execution. You will learn detailed information on the topic in the process of familiarization with this article.
A little about the main thing
What is the difference between a court order and a writ of execution? The answer to this question will be very simple.
A court order in accordance with applicable law is a decision that is issued by a judge alone, without a call to a meeting of the parties and third parties. In this case, no witnesses are required. The judge issues an order only on the basis of the application submitted by the collector and documents that confirm his requirements. This must be remembered.
A writ of execution is a document that is issued to the claimant only after the court decision has entered into force. It must be transferred to the bailiff service or to the work of the debtor.
Features
What is the difference between a court order and a writ of execution? First of all, by the fact that in order to receive this document it is enough just to write a statement addressed to the justice of the peace of the area where the debtor lives. Within five days, the latter issues a court order, a copy of which is sent to the debtor.
Is it possible to appeal this procedural document? Yes of course. The debtor in the period prescribed by law (10 days) must write a statement to cancel it. This is the order.
If the court order is canceled on the basis of the debtor's application, the recoverer will have to appeal to the court with a claim to uphold the legitimate interests. This must be remembered.
To the above
What is the difference between a court order and a writ of execution and in what cases is it issued? To answer the question posed, you must refer to the norms of the Code of Civil Procedure of the Russian Federation.
So, on the basis of Article 23 of the Code of Civil Procedure, a magistrate is involved in the issuance of court orders. The latter issues this document in case of collection of monetary amounts (for example, alimony, if there is no dispute about paternity or living of children) or if the debtor requires movable property if its value does not exceed 500 thousand.
Do I have to pay a state fee to receive a court order? Everything is ambiguous here.
In the event that it is a question of recovering unpaid salaries to employees or funds for the maintenance of children, then the state duty is not paid when applying for a judicial order. This must be known. In all other cases, the state duty for issuing a court order is 50% of the amount of the fee that is levied when a property claim is filed with the court.
Interesting
What is the difference between a court order and a writ of execution? Once again it is necessary to return to this question. So, a court order, unlike a writ of execution, is issued only in certain cases when it comes to requirements:
- on notarial transactions and completed in simple writing;
- collection of funds for providing children from a parent who does not shy away from paying child support when there is no dispute about paternity;
- unpaid salary to the employee, compensation upon dismissal and vacation pay, other payments laid down by the latter according to law;
- debt collection for utilities and telephone communications;
- on the collection of payments from members of the HOA or building society.
In all other cases, you will need to contact the court with a statement of claim.
For information
What is a writ of execution and can it be appealed? This is another question that is often asked by many citizens of our state.
So, the writ of execution is a document of greenish color, which is issued to the claimant only after the decision of the judiciary comes into force. For example, in cases of collection of alimony, the decision takes effect immediately. In other words, after the court session, the secretary is obliged to issue a writ of execution to the claimant. This must be remembered.
In order to get a writ of execution, you need to apply to a court of general jurisdiction or world court (in cases where the law indicates this) with a statement of claim with certain requirements. The court will appoint a meeting to which the plaintiff and defendant, witnesses will be invited. Only if the court accepts the position of the plaintiff and satisfies his requirements, then the writ of execution will be issued to the latter. But only after the decision comes into force. These are the rules.
FAQ
Where is a court order issued? Only in the magistrate’s court in which the application was filed. It can be obtained not only by the collector, but also by his representative by notarized power of attorney.
What if the debtor filed an objection to a court order? This is a very interesting question. In this case, the justice of the peace cancels the court order. After that, the recoverer will have to again apply to the justice authorities, only with a statement of claim. This must be remembered.
Is a court order issued if the debtor has filed its objection? No, it will be canceled.
Recovery by a court order begins only when it is received by the bailiff service or handed over to the debtor. This most often occurs in cases of non-payment of debt on an existing loan, alimony or utilities.
Small characteristic
A court order is a decision of a judicial authority that is issued by a judge alone without a hearing. With the help of this executive document, banks collect loan arrears from malicious defaulters who learn that they are already debtors from bailiffs.
A court order is a decision of a justice body, which is binding on all officials and organizations throughout the entire territory of our state. If the head of the enterprise where the alimony payer works does not deduct a certain amount from his salary as a payment of alimony, then he can be attracted even under article 315 of the Criminal Code. This must be remembered.
Total
An application to the justice of the peace to annul a court order must be submitted by the debtor no later than the deadline established by law. Many citizens do not know about this. If such an application is submitted later, the debtor will have to restore the missed deadline, and this is not so simple.
In order to avoid problems with the law and not become a debtor in enforcement proceedings, you need to pay utility bills, loans on time and transfer funds to support children. Then a writ of execution or a court order is not required.