Cancellation of a court order: application, deadlines. How to cancel a court order?

In civil law, a judicial order is a judge’s decree, which was solely issued without notice to the parties and without trial in a meeting on the basis of a claimant's request for the recovery of movable property or for reimbursement of monetary amounts by the debtor.

Order production in resolving civil cases is considered a simplified procedural form.

A recoverer is a party that declares requirements in a writ of order. The debtor is the obligated party. The term for issuing the decision is five days.

A court order, being an executive document, is aimed at its enforcement in the manner prescribed by law.

It provides speed and efficiency in decision making. This is especially true in cases of recovery of alimony, in which delaying the process can lead to unnecessary consequences for the parties. Since the order is a simplified form of legal procedures, this helps to increase the efficiency and effectiveness of judicial protection.

Requirements that are the basis for issuing an order

The seeker chooses from several options. He may appeal to the appropriate authority or file a petition in order to issue a court order. This is specified in the law. At the same time, it strictly limits the requirements by which the order in question is issued:

1. A statement demanding to recover arrears in fees, taxes and other obligatory payments from citizens.
2. The requirement is based on the performance by a notary of a protest of a bill of non-payment, non-dating of acceptance and non-acceptance.
3. A claim for unpaid but accrued wages to the employee is stated. Also filing a claim for payment in the event of dismissal, vacation pay and other accrued amounts to the employee.
4. Application for claims of unpaid but accrued monetary compensation for violation by the employer of the statutory deadline for the payment of wages. It also refers to payments in case of dismissal, vacation pay and other amounts due to the employee.
5. If a claim is submitted for child support that is provided for minor children, etc.

Application process

A court order is issued on the basis of the application. This petition is granted by jurisdiction to a judicial authority and is paid by a certain state fee. Its size is equal to fifty percent of the rate accepted for statements of claim.

Content and application form

An application for a judicial order always has a written form. They do not take it orally. It indicates the name of the judicial authority to which the collector submits an application, full name collector and debtor, their location or address of residence. It is also necessary to indicate the requirements for the debtor, and the circumstances that are the basis for the submitted claims. Documents confirming the lawfulness and validity of the submitted claims and a list of certificates and papers attached to the application are attached to this. If the petition concerns the reclamation of movable property, then the value of the object must be indicated in it.

At the end of the application, the claimant must certify it with his signature. If such a petition is submitted by an official representative, then a document confirming the credentials of this person must be attached to it.

Grounds for returning the application

Civil law provides for certain grounds that are the reason for the return of an application for a court decision in order to eliminate them. Such grounds include the following:

1. Failure to pay the state fee required to apply.
2. The lack of documents to confirm the requirements of the claimant.
3. Violation of the general requirements for the content or form of the document.

The application may be re-filed with the appropriate authority after elimination of the violations indicated by the court.

Grounds for refusal to accept the application

In the case of the return of the application, the recoverer may eliminate defects and re-apply to the court. If a refusal to receive an application has been received, the person has no legal reasons whatsoever for submitting this application. The grounds for refusal include the following:

1. A claim is stated that is not a reason for issuing an order.
2. The debtor is located or permanently resides outside of Russia.
3. From the submitted documents and the application itself, there is a dispute about the right.

If the court decided to refuse to accept or return the application, then this body shall issue a determination within three days from the date of receipt of this request.

The content of the court order

The legislation establishes certain requirements for the content of the order in question. Therefore, it must contain several important points:

1. The name of the court.
2. Date of the order.
3. Production number.
4. Initials and last name of the judge who issued the order.
5. Surname and initials of the claimant and debtor.
6. A citizen-debtor must indicate the date of his birth and place, as well as his place of work.
7. The law serving as the basis for the satisfaction of the stated requirement.
8. Amount of money to be recovered, forfeit, as well as interest.
9. Designation of movable property indicating its value.
10. The amount of state duty to be recovered from the debtor.
11. Bank details collector's accounts.
12. The period of formation of the claimed debt for obligations.

If a court order is issued in respect of the recovery of alimony, then the above list is added with an indication of the place and date of birth of the debtor, as well as his place of work. The document also indicates the name and date of birth of each minor child, the amount of monthly payments and the period for their collection.

The document under consideration is signed by the judge and is made in duplicate. This is done on a special form. One copy of the order remains in court, the second is given to the collector, and a copy is handed to the debtor.

Notification of the debtor of the decision

After issuing the order, a copy is sent to the debtor. This is done by mail. The debtor may, within ten days after receipt of the document, object to its execution. If he does not, then the court decision shall enter into force.

Cancellation of a court order

In the event that the debtor submits objections regarding the implementation of the order within the period specified by law, the judge shall cancel it. This petition is canceled by making a determination. What is spelled out in it? In the ruling, the judge explains to the claimant about his right to demand the implementation of the claimed claims in the proceedings of claim. The decision on the cancellation of a court order from the day it is issued is sent to the parties. In this case, the parties receive only a copy of the definition. And the document of appeal is not subject to seizure.

How to cancel a credit order?

There are situations in which the debtor receives an order from the court. In it, bank debt, in his opinion, exceeds the actual one. Or, for example, when the debt to the bank was fully repaid, but the borrower did not take a certificate confirming this. The client has the right to apply to the appropriate authority with a request to cancel this order.

Since a court order is issued at the request of a bank or collector without having to verify the data specified in the statement itself and without the participation of the parties, credit organizations often use this opportunity to their advantage.In addition, this procedure for filing claims is subject to a small state duty. And in the application you can include all kinds of penalties, fines and other penalties in relation to the client of the bank.

The debtor learns about the court order only after receiving a notice by mail, in a week or even two. Or he becomes aware of this after a call from the bailiffs. It is important not to miss the deadline established by law for the cancellation of a court order. Recall that it is ten days from the date it was received. To do this, it is enough to send an application to the magistrate’s court that issued the order to recover the loan. Documents may be sent by mail or delivered in person. An application for the cancellation of a court order must be made in triplicate. Two petitions are submitted to the appropriate authority. The third application is given with a stamp on receipt to the person who sends it to the court.

Cancellation of a court order on a loan (see the sample below) is possible even if the deadlines stipulated by law are missed. To do this, you need to write a request for the restoration of missed days. If the court considers these reasons to be objective, then the deadlines will be restored, and the citizen will receive the right to file an application in order to cancel the court order.

Most often, credit organizations rely on the legal illiteracy of the debtor and the fact that the person will not cancel the court order. This is due to the fact that many do not know about the right to cancel it, so they do not go to court in a lawsuit. This makes the debtor have certain obligations to the bank.

Issuing an order to a claimant

If the application for the cancellation of the court order does not arrive at the appropriate authority from the debtor within the period specified by law, the collector receives a second copy of the document certified by the seal. At the request of the claimant, the order in question is sent bailiff for implementation.

If the borrower wishes to receive state duty from the debtor, a writ of execution is provided, which is issued to the bailiff.

Alimony

Is it possible to cancel the court order to recover child support? In this case, the debtor has the right to apply to the relevant authority that issued the court order within ten days to cancel it. In a statement, it is enough to indicate your disagreement without justification.

If the debtor nevertheless wishes to indicate the grounds, the cancellation of the court order may be due to several reasons:

1. Lack of income or low salary of the debtor.
2. The presence of loans or loans that must be repaid monthly.
3. Disability due to disability, etc.

In this case, the basis should be supported by documents.

What to do when the order has already entered into force?

Cancellation of a court order that has entered into legal force is also possible. There are situations in which the debtor was not acquainted with the decision made, and in the meantime, it has already entered the state that has entered into force. Consequently, the citizen missed the deadlines established by law for appealing the document in question. In this case, the annulment of the court order takes place by filing an objection with the magistrate court that issued this decision. In the latter, it is necessary to indicate, in addition to the cancellation requirements, a request for the restoration of the missed period, which was not taken into account through no fault of the debtor. It is necessary to indicate the reasons. In most cases, this practice has a positive result. The judge cancels the order.

Next stage

So, if the court order has already been canceled, what follows next? When the decision in question has been quashed, a determination is made about this fact.It explains the right to appeal to a magistrate’s court in a lawsuit by filing a lawsuit against the debtor. The decision on cancellation is not subject to appeal.

Lawsuit characterized in that the plaintiff is obliged to appear in court and substantiate his claims and objections.

The difference between a court order and a court decision

There are some similarities and differences between a court order and a court decision. What are they expressed in? The similarities lie in the judicial authority, which has the right to make such decisions, and in the enforcement form.

According to the content and legal force, the differences are made during the trial, since in a court order the decision is taken solely by the judge without the participation of the parties. We have already mentioned this. And to make a court decision, it is necessary to conduct proceedings. The investigation of evidence, the hearing of the parties, etc.

The decision is not subject to cancellation by the court that issued it, in contrast to the order. In this case, the abolition of the court order is carried out precisely by the person who issued it.

The decision consists of four parts, and the court order consists of two: introductory and resolutive.