A person receiving a court order often wonders why this act was issued without his participation. In many cases, a citizen does not agree with this decision. Legislation provides for the possibility of an objection to a court order. We will consider a sample of such a statement in the article. 
Definition
Art. 121 of the Civil Code discloses the essence of a court order. As such a document is a decision that the court makes solely. The basis for its adoption is the relevant statement of the interested person. It indicates the requirement to recover cash or property of the debtor. Debt itself may arise from transactions:
- Notarized.
- Perfect in simple form (written).
Grounds for proceedings
The request may be based on a protest of a bill by a notary in default, non-dating of acceptance or non-acceptance. By order of enforcement may be collected:
- Alimony for minor dependents, if it is not related to establishing / contesting paternity / motherhood or by engaging other interested parties.
- Accrued but not paid compensation for violation by the employer of the deadlines for the issuance of vacation pay, salary, benefits for dismissal and other amounts due to the employee.
- Arrears on fees, taxes and other mandatory deductions.
- Accrued but not issued vacation sums, salaries, compensations and other means due to the employee.
By order of law, the claims declared by the territorial executive bodies to ensure the judicial procedure and the execution of decisions taken by the instance, as well as acts of other structures, to recover costs that are associated with the search for a debtor, defendant or child selected by court order are also allowed. The sole procedure for considering these applications is a simplified procedure for the proceedings.
Specificity
Order production is carried out in a magistrate's court. The act is issued by the authorized person individually without any general proceedings and without inviting the parties to the dispute to hear their explanations. After receipt of the application for the order to the court within five days, one of the decisions is made. The application may be granted or not. In the latter case, the defendant may never even know that there has been a consideration of the requirements relating to his debt. If the order is still accepted, then a copy is sent to all parties to the case. 
How long does it take to apply?
An objection to a court order, a sample of which is presented in the article, can be sent within 10 days after receipt. This position is set to Art. 128 GPC. Here it is necessary to pay attention to the calculation of the term. The norm states that the period during which an objection to the execution of a court order may be filed begins from the date the debtor received a copy of the act. The Code of Civil Procedure does not establish the period by which the decision must be sent to the defendant.
Therefore, by submitting objections to the court order, it will be necessary to confirm the date on which its copy was received. On the 11th day, if the application is not received from the debtor, the act is considered to have entered into force. It should also take into account a number of nuances associated with calculating the period. If the last day for dispute falls on Friday, the act will take effect on Saturday.If the 10th day is one of the days off, then you can file an objection regarding the execution of the court order on Monday, and the decision takes legal effect on Tuesday. 
Design Features
An objection to a court order shall be drawn up in accordance with the general rules. The document must be in writing. It can be brought personally to the office of the authorized body that issued the decision, or sent by registered mail. Mandatory details are indicated in the upper right corner:
- Name of court, name of authorized person who issued the order. This information is present in the water part of the act itself.
- Name of citizen directing objection to court order, address, telephone.
In the center, write the name of the document. In this case, it is “Objection to a court order”.
Content
The text should include the reasons for disagreeing with the decision. In accordance with Art. 129, the defendant is not required to argue his objections. The basis for the cancellation of the act is the fact of the statement of disagreement. In this case, the applicant himself decides whether he will argue or not. The request part of the petition sets out the request to the court to cancel the order. In conclusion, a signature and a date are required. 
Should I cancel the decision?
After the objection to the court order has been accepted and examined, the authorized person will issue a determination. In case of cancellation of a previously adopted resolution, the right of the claimant to file a claim with the same requirements will be explained. Then the debtor will be called to the meeting as a defendant, and the creditor as the plaintiff. In addition, the latter may write an objection to the annulment of the court order.
But this will only delay the proceedings. Lawyers point out that the need for cancellation of a court order the debtor should be considered depending on the nature of the claims made by the creditor. For example, if the tax service filed an application, then by canceling the decision, the citizen receives time to bring his financial condition back to normal. Probably even he will be able to partially or fully repay the resulting debt. In this case, it is better to cancel the order.
It is another matter if the decision is made on the demand for the recovery of alimony for the maintenance of a minor. In case of cancellation of the order and when applying to the court with a statement of claim, when satisfying the requirements, the period from the start of the proceedings will be taken into account. That is, the amount will be exacted from the date of filing the application for the issuance of the order. Respectively, child support amount there will be more. And if the amount falls under Art. 157 The Criminal Code then faces criminal liability for malicious evasion of payment of funds for the maintenance of minors. In this case, you need to soberly assess the consequences.
A special case
It happens that the debtor did not receive a copy of the order, but he was sent a decree from the bailiffs to begin enforcement proceedings. In this case, you must contact the FSSP to find out which authority issued the decision. Then you should apply to this court with a statement on the issuance of a court order. After receiving it, all the actions described above are performed. The court will make a decision to cancel the order and revoke the writ of execution.
