The credit system in Russia is in constant development. Today, quite a lot of people are becoming borrowers of banks. However, it is not always possible for bank customers to faithfully fulfill their obligations. In these cases, various interventions are taken. 
Solutions to the problem
In a number of cases, a banking organization, realizing that all measures it has taken to influence the debtor to no avail, translates the problem into a judicial plane. In this case, she has two options. In the first case, the law allows the filing of a claim with a district court. This means a full-fledged process, to which all parties are invited by agenda. At several meetings, the arguments of the participants are heard, and upon completion a decision is made, which, as a rule, is very problematic to appeal.
In the second case, the bank may appeal to the justice of the peace. In legal terms, this option is accompanied by certain nuances. The borrower, in general, does not need to know all the details. In this case, it is necessary to understand the main thing - as a result of consideration of the application of the creditor, the world court decides. Its adoption is carried out without notifying the borrower, without his invitation to the meeting. The debtor learns about the act only after 1-2 weeks, when he receives a notification or the bailiffs begin to bother him. Debt under the decree will be recovered through the application of coercive measures permitted by law.
Practical part
Based on the foregoing, we can conclude that applying to a magistrate court is more beneficial for the creditor. This is due to the shorter duration of the proceedings, the ability to fix fairly large fines and interest, excluding the borrower from the process. However, in practice, the bank rarely uses this particular option, since there is a risk that the judicial order for the collection of debts will be canceled. To challenge the act is simple enough. Let us further consider how cancellation of a court order. A sample application will also be presented in the article. 
General characteristics of production
A court order is an act adopted by the authorized body alone in the absence of parties to the dispute. It is issued in relation to the claim of any property, including financial assets. Such production involves an indisputable debt collection process. This means that in this case the defendant does not have the opportunity to object. Along with this law, the abolition of the judicial order for the recovery of debt is provided. To do this, the borrower should write a statement.
Consideration Features
In addition to indisputability, the following are the features of the order production:
- Execution of an act solely on the basis of evidence provided by the creditor.
- The ability to cancel the decision within ten days after its adoption.
Upon receipt of an application from the creditor, the authorized body reviews it within 15 days. If the deadline for debt collection has not been missed, a decision is made in the instance on the publication of the corresponding act. Copies are sent to both parties to the conflict. Order production is considered a simplified debt collection procedure. During it, the time for documenting and direct examination of materials is significantly reduced. 
Required paper
In addition to the application, the creditor should be provided with:
- Contract.
- Calculation of the principal amount.
- Loan repayment schedule.
- Interest calculation penalties, late fees.
The main purpose of the evidence base is to confirm the fact of the borrower's evasion from paying off the obligation. Sample about debt collection Provides an indication of all the required details. These include, in particular, the name of the authority where the application is addressed, the details of the bank and the borrower.
Cancellation of a debt recovery order
This procedure is carried out in a ten-day period on the basis of an objection filed by the borrower. The defendant must familiarize himself with a copy of the order after receiving it. In case of disagreement, he has the right to send his appeal. In this case, it is necessary to take into account that the cancellation of the judicial order for the collection of debt does not mean at all termination of obligations. This procedure only reflects the defendant's disagreement with the act. Having accepted the objections of the debtor, the court will set up a hearing at which both parties will be invited. As practice shows, in such cases, the creditor appeals to the authorized authority immediately with a lawsuit. 
Important point
It should, among other things, be aware that the decision does not mean termination of the contract with the creditor. In fact, even after the repayment of the principal amount, the bank may request the payment of interest accrued for the delay. To avoid this situation, many debtors go to the cancellation of the order.
Data accuracy
After the adoption of the decision, the enforcement proceedings are accepted by the bailiffs. Debt by that time can be quite an impressive amount. To avoid its payment, you need to find the grounds on which to challenge the act. As one of them is the introduction of typos and technical errors. For example, during the process, the respondent's passport data was incorrectly indicated, the middle name, last name or first name were distorted, the address was spelled incorrectly. Thus, the document will act in relation to another person, and not the direct borrower. 
Presentation procedure
The strict observance of its authorized person is very important. The fact of the transfer of the decision must be confirmed by mail marks (notice). If the defendant has not signed the receipt anywhere, then the period in which he can send his objection may be extended. It often happens that the debtor does not receive a copy of the order, but learns about the decision from bailiff. In such situations, the defendant should visit the FSSP. The bailiff needs to find out from which particular court the order is issued, and submit an application for a copy. After that, the borrower has the right to submit his disagreement. The application is made in 2 copies. One takes the court, and the other with a mark of acceptance remains with the defendant. 
Final stage
After receiving notification that the order is canceled, the defendant must go to the bailiff. In the executive service, he sends a copy of the determination for registration with the office. Within the next three days it is necessary to visit the bailiff again and take a decision from him to terminate the enforcement proceedings against the defendant.
