In some cases, in accordance with the standards of legislative acts, civil proceedings are carried out in a simplified manner. In such a situation, the defendant is not invited to the court hearing where his case is heard.
The magistrate has the right to single-handedly issue a court order to collect borrowed funds or claim movable property. It is issued on the basis of an application submitted by credit institutions.
What it is
The wording “court order” means a ruling by a magistrate ordering that the debt be collected from the debtor. It serves as the basis for the opening of enforcement proceedings by the federal bailiff service. For example, a bank may apply to a magistrate to issue an order.
The court order is signed by a magistrate and certified by the official seal of the judicial authority. A copy of it is sent to the debtor in accordance with the provisions of Article 130 of the Civil Procedure Code. He has the right to stretch 10 days file an objection after receiving it in hand.
If it is not received within the prescribed period, the magistrate sends a copy of the order to the recoverer for execution. Its arrival indicates the formation of a controversial situation that has arisen between the interested parties.
The total duration of the debt collection procedure takes about one month if all deadlines are met.
The magistrate must make a ruling according to which the court order is canceled. He must provide explanations to the claimant regarding filing a claim with the judicial authority. The decision on cancellation is sent to interested parties in continuation 3 days, counted from the date of its issuance.
In the future, the legitimate interests and rights of the applicant are ensured during the claim proceedings. It provides for legal proceedings resulting from the initiation of a civil case for debt collection.
In accordance with the provisions of Article 127 of the Code of Civil Procedure, the court order is drawn up in 2 copies on a special form with a unified form. One of them is filed in the writ proceedings, and a copy of it is sent to the debtor.
It states:
- production serial number;
- date of issue;
- name of the judicial authority;
- personal data of the magistrate;
- name, legal address of the debtor, if the case concerns a legal entity;
- personal data, date of birth, place of main work, place of residence, if the debtor is an individual;
- the basis of the legislative act in accordance with which the requirement is satisfied;
- the amount of monetary obligations that are subject to collection or the name of movable property indicating its value;
- the amount of penalties, fines established by the terms of the loan agreement, regulations of legal acts;
- the amount of state duty that the debtor must pay;
- bank account details of the claimant;
- debt overdue period.
If a court order is issued regarding the collection of alimony payments, then in addition to the data listed above, the personal name of the child who has not reached the age of majority, his date of birth, place of birth, the amount of alimony payments that are collected monthly and the period for their collection are entered.
When is it issued?
Often, a court order is issued for the purpose of collecting accounts receivable. For example, alimony payments, tax arrears and mandatory payments. Questions regarding the issuance of a court order are provided for by the legislator in the provisions of the current Civil Procedure Code.
The list of requirements satisfied by a magistrate without initiating legal proceedings is enshrined in the provisions of Article 122 of the Code of Civil Procedure of the Russian Federation. He issues an order to continue 5 days without calling persons interested in the case to give explanations. The period is counted from the day the creditor’s application is registered by the office in the incoming information log.
The writ is subject to issue in accordance with the provisions of the above act under certain conditions.
These include:
- a claim has been made for the collection of alimony payments established for the maintenance of a minor child or as a result of maternity;
- the requirements are justified by a transaction certified by a notary or completed in simple written form. The same applies to protests of a bill of exchange for non-payment, non-acceptance and acceptance without a date, executed by a notary;
- a demand was made for the recovery from citizens of a certain part of taxes, obligatory payments and fees not paid on time, including;
- a demand has been made for the recovery of wages that were accrued, but for some reason were not given to the employee;
- a claim was made for the recovery of costs spent on searching for the defendant. The same applies to cases when, by decision of a judicial authority, a minor child is taken away from the debtor;
- a claim has been made to recover the costs of storing seized property seized from the debtor or the property of the debtor who was evicted from the living space he occupied.
Each demand for debt collection must be supported by documentary evidence. Otherwise, the magistrate may refuse to issue the order.
Submitting an application
The procedure for filing an application for debt collection is established by the provisions of Articles 28-29 of the Civil Procedure Code. It is submitted in writing, based on the generally accepted rules of jurisdiction at the place of residence of the debtor.
The application shall contain information regarding:
- justice of the peace;
- court precinct number;
- personal data of the debtor, his home address;
- requirements justified by relevant references to regulatory legal acts;
- documents certifying the stated requirements;
- list of documents attached to the application.
If an application is submitted regarding the recovery of movable property, then its value shall be indicated.
At the same time, in accordance with the instructions of the Federal Law “On the Organization of the Provision of State and Municipal Services”, a state duty is paid. The act was issued on July 27, 2010 under number 210-FZ. Its instructions establish the obligation for individuals and legal entities to pay fees for the services of government bodies.
Its amount when filing an application for debt collection is equal to 50% from the total amount of the writ proceedings. Persons who have filed an application for the collection of alimony payments and wages are exempt from paying the state duty.
Amount of money collected
Civil cases within the jurisdiction of magistrates include property disputes related to non-repayment of sums of money in the amount of 50,000 rubles. The basis for issuing a court order is the provisions of Article 23 of the Civil Code of the Russian Federation. Also, to resolve the dispute, the instructions of Article 3 of the Federal Law “On Justices of the Peace in the Russian Federation” are applied. The act was issued on December 17, 1998 under number 188-FZ.
It should be noted that the acts do not have a clear definition regarding the amount of monetary obligations. Such cases should not be limited to any specific amount, the judiciary believes.
As judicial practice shows, in some cases large sums of money are recovered.
For example, in a case regarding the collection of interest on a bill of exchange, a court order was issued, according to which 3,000,000 rubles were recovered. An example is given in the resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation, issued as a result of consideration of case No. A40-49035/10-102-404. It was published on July 19, 2011 under the number 3085/11.
Court order to collect loan debt
Each bank solves problems related to debts with its own proven methods. Some banks sell them to collectors, thus getting rid of problems that require immediate resolution. Others apply to the judicial authority, trying to somehow influence the debtor, and still others submit an application to the magistrate in order to obtain a court order.
What is more profitable for the bank?
The institution of a judicial order has gained some popularity among commercial institutions, although it has not been in effect for very long. It is endowed with the legal force of two documents at the same time - a court order on debt collection and a writ of execution. With its help, many banks returned loans issued to the population of the country.
As a rule, debt collection on its basis is much more profitable for a bank compared to filing a claim with a judicial authority. The bank receives a writ of execution in a short period of time, which certainly increases the likelihood of making a profit from the returned loan funds.
In addition, his presence in court to issue an order is not necessary, which is also an advantage.
The magistrate satisfies the bank's demands in full, regardless of the factors that caused the borrower to be in arrears. Most borrowers unquestioningly accept the demands of banks issued by a court order, and therefore fulfill all presented obligations.
What to do when you receive a request
The debtor can cancel the court order by filing an objection against it to the magistrate. To submit it, it is allocated 10 days, counting from the time the debtor receives the court order. The norm is provided by the legislator in the provisions of Article 122-Civil Code of the Russian Federation. The debtor is not obliged to substantiate his objections by proving his case and presenting any documents in his justification.
Missing the deadline for filing an objection
As practice shows, many citizens learn about a court order from the bailiff, who must carry it out. They should check with the magistrate's office to see why it was not sent to the correct address. The debtor must submit an application to the magistrate, who issued a court order to cancel it. In addition, they submit a petition to restore the deadline for filing an objection.
The court order in this situation is canceled on the basis of Article 129 of the Code of Civil Procedure with the subsequent suspension of enforcement proceedings.
The deadline for filing an objection regarding its execution is restored on the basis of a petition, if the person recognized as the debtor in absentia has them. In accordance with the provisions of regulatory legal acts, its cancellation serves as the basis for filing a claim with a judicial authority.
Last updated March 2019
Judicial practice allows us to conclude that after a court order is issued, more than half of the debtors agree with the collection. The rest, among whom there are quite a few persistent defaulters of utility services, send their objections to the judge, thereby canceling the court order. At the same time, there are situations when an order is issued by a court completely unreasonably - for example, in relation to a citizen who is not the actual debtor. Such people need urgent help in writing a statement with which they can stop the illegal collection procedure. We will tell you in this article how to correctly formulate an objection, within what time period you need to submit them to the judge, and what consequences of cancellation you should remember.
Why cancel the order?
The main reason is disagreement with the amount that was awarded to the applicant. In addition, the debtor may not agree with the collection as a whole. Thus, in practice, there are cases when collection was carried out by order from completely strangers, whose personal data coincides with the real defaulters. Such situations are rare, but they do exist.
Example No. 1. In one bank, Vladimir Mikhailovich Petrov and Vladislav Mikhailovich Petrov issued loan obligations. All other data of these persons are completely different, while Vladimir repaid his loan a long time ago. The bank's lawyers erroneously drafted an application for a court order against a bona fide borrower, which the court accepted. Imagine Vladimir Mikhailovich’s surprise when he received a court order - of course, there were every reason for its cancellation.
There are also circumstances when, if there are several joint borrowers, the debt is collected from only one. Naturally, in such cases it is necessary to prepare an objection.
In some cases, the debtor agrees with the order and the amount indicated in it, but still writes objections. Such actions are logical if it is important for the debtor to gain time. By simple calculation, it is not difficult to understand that the time spent on canceling the order and the time during which a claim for the same requirements will be prepared and filed, in total, is at least 2-3 months, and sometimes six months. During this period, the debtor, if he agrees with the debt and wants to pay it, can solve his financial problems, especially if it is a small amount.
Example No. 2. Dudnikov E.A. owed over 50,000 rubles for utilities. The management company sent the magistrate an application for an order. Dudnikov E.A. received it and immediately sent his objections, although he completely agreed with the amount of debt indicated by the judge. The debtor was counting on the bonus that was promised to be paid to him at his place of work, as well as on the part-time job that was offered to him - so he wanted to pay off everything he owed. Before the management company filed a lawsuit in court, Dudnikov E.A. repaid over 30,000 rubles, and for the remaining amount he entered into an installment agreement with a repayment schedule over the course of a year - they agreed to meet him, since most of it had already been repaid voluntarily. Thus, by directing his objections to the court order, the debtor avoided a lengthy and costly (taking into account the state duty, payment of legal expenses, etc.) trial.
The main thing is not to miss the deadline
The main period provided for cancellation of an order by the debtor is 10 days. It would seem that everything is clear and understandable: if you miss this deadline, the collection process will begin and it will be almost impossible to present your arguments about the illegality of the court ruling.
At the same time, the 10-day period may be extended. Thus, the law directly provides for the possibility of extending the deadline due to a valid reason for missing it. This is due to the fact that, due to the special procedure for considering claims, the debtor rarely learns about the decision made regarding his debt on time. Usually this becomes known to him:
- after receiving a copy of the court order by mail (often 10 days after its issuance);
- from strangers;
- on the court website;
- from bailiffs, after the initiation of enforcement proceedings, or on the website of bailiffs.
The legally significant moment for counting the deadline for filing an objection to a court order is not the date when the debtor became aware of the decision made in the order of writ proceedings, but the date when a copy was received.
Almost always, court orders are sent to debtors by registered mail with a notice on which the recipient signs. When the notice is delivered to the judge, the countdown of the 10-day period will begin exactly from the date stamped on the ticket. If the notice was returned to the court without a note indicating that the correspondence was received by the addressee, the period will be counted from the date of return.
Sometimes the debtor learns that there is a court order only at the stage of enforcement proceedings.
Example No. 3. In the evening after work to Ivanov I.I. The bailiff of the district department of the Federal Bailiff Service came home and briefly familiarized him with the court order and the resolution to initiate enforcement proceedings. Ivanov I.I. was an employer who did not pay its employees wages for the last month, in this regard, at the request of the employees, the court issued a court order for the payment of wages. Ivanov I.I. did not live at the place of registration and, accordingly, did not receive correspondence from the court intended for him. Imagine his surprise that enforcement proceedings had already begun. After consulting with a lawyer, Ivanov I.I. acted as follows: the next day he came to the department of the Federal Bailiff Service and wrote an application to familiarize himself with the materials of the enforcement case and make copies. Upon review, Ivanov made a copy of the court order and marked it with the date. After this, Ivanov wrote an application to cancel the court order, using a sample he took on the Internet, at the same time raising the question of restoring the deadline and attaching a copy of the document with a mark on the date of receipt of the order. As a result, the court agreed with the arguments of Ivanov I.I. about non-receipt of the order, after which the objections were accepted and the cancellation took place.
In the above example, it is clearly seen that you need to stock up on evidence of a valid reason for missing the deadline - they can be any documents confirming the date of receipt of the copy. Thus, in some cases the court refuses to restore the 10-day period.
Example No. 4. Yakovlev P.R. lived permanently at his place of registration for more than 10 years, but deliberately did not receive mail sent to him by government agencies and the court, because he knew about his debts and refused to pay them, including alimony obligations. He learned from his ex-wife over the phone that she had filed an application with the magistrate for a court order to collect alimony. At the same time, Yakovlev had no intention of paying off his debt to his children; he firmly decided that he would not pay a penny and would not receive any documents from the court. A copy of the order sent to Yakovlev lay in the mail for a month and, never delivered to the addressee, was returned to the court, after 10 days from that moment a mark was made to enter into legal force. The ex-wife presented a writ of execution only two months later, and Yakovlev, fearing the seizure of his property and bank account, decided to write an objection to the magistrate. He appeared in court and wrote an application for a copy of the court order to be issued to him; after receiving it, he wrote an objection demanding cancellation, raising the question of reinstating the term. The court rejected Yakovlev’s application because no valid reason for not receiving the correspondence was established. Moreover, the ex-wife presented to the court evidence of Yakovlev’s awareness of the collection in the order of writ proceedings - printouts of SMS messages, as well as a copy of the document with a signature indicating Yakovlev’s familiarization with the enforcement proceedings, while the date of familiarization corresponded to one and a half months ago at the time of applying for restoration of the term.
Additionally, we draw the reader’s attention to the fact that the objection is considered filed from the date noted by the postal workers about acceptance, even if the letter is delivered to the court beyond the 10-day period.
Example No. 5. In relation to the debtor Petrov A.A. On 02/01/2019, a court order was issued, a copy of which was sent to him immediately, Petrov received it on the same day. On February 11, 2019, objections were sent to them by mail. The stamp of the territorial post office dated February 11, 2019 became evidence of the debtor’s compliance with the 10-day period, the court canceled its order.
How to write objections correctly
How to write an objection to a court order? This is not difficult for a person to do if you follow these rules:
- the text must clearly indicate disagreement with the penalty. In this case, you don’t have to go into details and not cite the norms of the Civil and Civil Procedure Laws. The main thing is that the objections express your position that the court order should be canceled; it is not necessary to provide reasons;
- correctly indicate the addressee where the objection is sent. Information about the location of the settlement area where the order was issued can be obtained from correspondence received by the debtor, or on the official court website in your city;
- in the text you need to write which order, in the opinion of the debtor, needs to be canceled - indicating the issuance, the amount of collection, the name of the collector, etc.;
- you need to make sure that the date and signature are affixed, otherwise the statement of disagreement may not be accepted.
Sample objection to a court order for debt collection
You can use a sample objection to a court order, which is universal for any reason on which the collection was filed. We have highlighted useful explanations of the text in blue.
Magistrate of judicial district No. 1
Leninsky district of Bryansk
Debtor: Matveev Igor Petrovich,
resident: Bryansk, st. Zelenaya, 28, apt. 20
Tel. 896000011
(You don’t have to indicate your telephone number, but we recommend doing so, since the court staff will contact you faster to serve a determination of what you, as a debtor, are interested in)
Claimant: PJSC Ruspromfinbank,
Bryansk, st. Tikhomirova, 10, letter A.
OBJECTION
CONCERNING THE COURT ORDER FOR DEBT COLLECTION
On March 25, 2019, the magistrate of precinct No. 1 of the Leninsky district of Bryansk issued a court order to collect from me an overdue debt in the amount of 200,000 rubles under loan agreement No. 300 dated February 12, 2018, concluded between me and PJSC Ruspromfinbank, in favor of the latter .
Other details can be specified as desired. So, if you know the case number for writ proceedings or the breakdown of the amount into principal and interest, you can (but are not at all necessary) indicate this.
I express my disagreement with the court order dated March 25, 2019 and the amount of recovery specified in it.
Here you can include in the text the reasons why you do not agree with the order - these could be arguments about an inflated amount, about an unreasonable collection in general (for example, when the debt has already been repaid) or about other circumstances. A brief statement of the reasons for your disagreement is welcome, since it confirms the existence of a dispute, which precludes consideration of such issues in the order of writ proceedings and automatically entails the cancellation of the order. At the same time, it is not necessary to provide a detailed explanation of the reasons why you want to cancel the order.
Based on the above, guided by Art. Art. 128, 129 of the Civil Procedure Code of the Russian Federation,
To cancel the court order of the magistrate of judicial district No. 1 of the Leninsky district of Bryansk dated March 25, 2019 on the recovery from Matveev I.P. 200,000 rubles in favor of PJSC Ruspromfinbank under loan agreement No. 300 dated February 12, 2018.
Please hand over the decision on cancellation to me. Usually the debtor does not indicate such a request, however, there are circumstances (for example, if there is no permanent housing) when it is possible to request delivery of the ruling in person - for this we recommended indicating the telephone number in the “header” of the objections.
29.03.2019
Matveev I.P., signature.
After cancellation
If everything is done correctly and the 10-day period is not violated (or violated, but successfully restored), the judge issues a ruling to cancel the court order, explaining to the claimant the right to apply through a lawsuit.
It is in the interests of the debtor to receive this determination and, if enforcement proceedings have already begun, to give a copy of it to the Federal Bailiff Service, since it is unknown when the bailiffs will independently find out about the cancellation.
If, in the order of writ proceedings, taxes were collected that were not paid on time, then we recommend that the determination be submitted to the Federal Tax Service.
Further development of the situation depends on individual circumstances. In most cases, creditors go to court with a statement of claim - therefore, if the debtor who filed an objection to the court order generally agrees with the amount of collection, it is better to pay off the debt quickly. This way you can avoid paying additional interest accrued during the period of preparation of the appeal to the court, the cost of reimbursement of the state duty paid by the plaintiff, and other legal expenses.
In addition, it is better to carefully keep the ruling for at least three years - after all, it may turn out that the claimant does not know about the objections you filed to the court order of the magistrate, as well as about the subsequent cancellation, and will present his copy for execution. Having a definition in hand, you can quickly stop the start of collection and prove that there are no grounds for initiating enforcement proceedings.
If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.
139 comments
I received a letter from the bailiffs stating that I owe the bank on a loan. I have not received anything at all and do not know about any court case. Is this legal?
Most likely, you are faced with a court order. This is the name of a type of court order to collect the amount of debt. A court order is issued by a single magistrate based on the bank’s application for a court order. To issue a court order, it is not necessary to schedule a court hearing or summon the parties. This is precisely why a court order differs from an ordinary court decision, which is made only after summonses have been sent and all the circumstances of the case have been examined by the court.
In practice, banks quite often use this method of collecting loan debt. First, the borrower-debtor is sent a demand or claim about the need to repay the loan debt. If the borrower ignores this claim, does not receive it, or is unable to repay the debt, the bank initiates legal proceedings.
The bank pays the state fee and submits an application to the magistrate for a court order for the amount of the debt. Usually this is a magistrate at your place of residence, but if the loan agreement specifies contractual jurisdiction (for example, at the location of the bank), the bank can turn to another magistrate. Within 5 days from the receipt of the bank's application, the magistrate issues a court order. The law (Article 126 of the Civil Procedure Code of the Russian Federation) directly stipulates that with a judicial order is issued without a trial and without summoning the parties to hear their explanations.
The judge sends a copy of the court order to the debtor, and if within 10 days from the date of receipt of the order the debtor does not respond to it in any way (or does not receive the letter at all), the court issues a court order to the bank or sends it directly to the bailiff service at the borrower’s place of residence. The court order itself has the force of an executive document, therefore, upon receipt of it, the bailiffs initiate enforcement proceedings and begin to collect the amount of debt from the borrower (transfer documents to the debtor’s place of work to withhold part of the salary, seize property and current accounts, etc.).
What to do if you receive a court order?
- do not waste time and, within 10 days from the date of receipt, submit to the magistrate who issued the court order an application to cancel the court order ( objections regarding its execution). The period starts counting from the day following the date of receipt. Don't throw away the envelope from the court order letter—the date on the postmark can help confirm the date of receipt;
- You can find the address, website and contacts of the magistrate’s precinct on the website of the State Automated System “Justice”;
- There, on the websites of magistrates, sample statements are usually posted, incl. to cancel the court order. For example, for residents of the Vologda region they are posted;
- the application is submitted in 2 copies - one for the court, the second for you, on which the office of the magistrate must put a mark on receipt;
- if the magistrate is located in another city, send 1 copy of the application to cancel the court order by mail (preferably by a valuable letter with a list of the contents and a receipt).
What to do if you already learned about the court order from the bailiffs?
- contact the magistrate with an application to cancel the court order according to the scheme described above. In the text of the application, indicate that you did not receive a court order;
- simultaneously with this application, submit to the court a written application in 2 copies in any form for the issuance of a court order (as usual, one copy for the court, the second for you to mark receipt by the court);
- if it is not possible to cancel the court order, you have the right to file a cassation appeal against the court order that has entered into legal force to the presidium of the supreme court of your region (in Vologda this is the Vologda Regional Court);
- Before consideration of your complaint, you can also apply to the magistrate who issued the court order to suspend the enforcement proceedings.
What happens after the court order is lifted?
- within 3 days from the date of cancellation of the order, the magistrate must send you a ruling to cancel the court order;
- the court order is withdrawn from the bailiff service;
- your collector - the bank - will have to go to court in order to collect the amount of the debt in a general action proceeding. In this case, the court will send you the text of the statement of claim and summon you to the hearing with a subpoena. You will be able to participate in the process in person, challenge the claim, file motions and defend your position.
Or other mandatory payments may result in forced collection of funds based on a court order. What consequences does a court order for foreclosure entail for the borrower and can it be reversed?
From this article you will learn:
Concept and purposes of a court order
What and how does he threaten the debtor? A debt collection order is a type of order whose purpose is to immediately enforce the demands of creditors.
The issuance of a court order for debt collection refers to a simplified judicial process and is carried out on the basis of an application from the debtor by a justice of the peace. This means that the debt will be collected without hearings and without the personal participation of the parties in a forced manner.
For the creditor, this outcome of events is beneficial: when filing a claim, the proceedings can last from 6 months to a year, and for an application for a ruling - about 2 months. It turns out that in this way it is easier for the creditor to collect the debt.
For the debtor, on the contrary, a court order to collect a debt on a loan threatens with negative consequences: bailiffs can forcibly seize property to pay off the debt, without even delving into the borrower’s problems.
Issuing an order
How to obtain a court order to collect money from a debtor under a loan agreement? The basis for making a decision is the creditor’s appeal to the magistrate’s court at the place of registration of the defendant. He must provide an application and documents proving the existence of the debt. The application for a resolution must contain the following information:
- Name and address of the court.
- Applicant's name and address.
- Full name of the debtor and his place of residence.
- Recovery amount.
- Requirement and grounds for recovery by court order.
- List of documents proving the existence of debt.
Documents confirming non-payment of debt may be a loan agreement, information about overdue payments, a payment schedule, etc. When submitting an application, a state fee must be paid. Unlike a claim, the application fee is paid in the amount of half the required amount.
A court order for collection is issued according to the same rules as under a loan agreement. The lender must write a statement indicating the amount of debt and information about the payer. In this case, the document confirming the formation of debt will be a receipt.
It is important to know that the judge can make a ruling only if the amount of debt does not exceed 300 thousand rubles, and there was no agreement with the loan. Thus, it is possible to recover money from the debtor only for consumer loans and for small amounts. Issues relating to other debts are considered during hearings with the participation of both parties.
A court order to collect loan debt is issued 5 business days after filing the application. It is handed over to the bailiffs for execution after 10 days.
In a number of cases, a judge may refuse to make a decision to collect a debt:
- if the state duty has not been paid;
- the debtor is located outside the territory of the Russian Federation;
- the stated requirements do not comply with the Code of Civil Procedure;
- if the application is not written in accordance with the form;
- when providing false data in documents;
- in the absence of documents confirming the existence of debt.
Execution of a court order is also impossible if it was appealed within the period established by law.
The validity period of the court order is 3 years. If during this time the bailiffs were unable to collect the debt from the borrower, the enforcement proceedings are terminated. However, this does not mean that debts will be forgiven. The creditor has the right to extend the validity of the writ of execution and again transfer it to the bailiffs for collection.
Should it be cancelled?
What should a debtor do if he receives notice of an order? The first thing you need to do is analyze the situation and decide which outcome of the case will allow you to get out of the situation with minimal losses.
For example, if you received a court order to collect a debt on utility bills, then it is better to immediately write a statement to cancel it, find funds to pay the debt and submit the canceled receipts along with the application to the court, so you can avoid paying fines and penalties (they will be in full in the order, and in case of payment of the principal debt they are often “forgiven” by utility companies), enforcement fees and state duties.
After the judge makes an order, notice of the order is sent to the debtor's address. Within 10 days after receiving the registered letter, the debtor has the right to appeal it and seek cancellation.
Cancellation of a court order for debt collection for the defendant has a number of features:
- Enforcement proceedings will be suspended. This means that the borrower will have time to pay the lender or enter into a settlement agreement with him.
- After the resolution is canceled, interest on the loan will continue to accrue, and accordingly, the debt will increase.
- As practice shows, many banks, after the resolution is lifted, sell borrowers’ debts to collectors, which significantly complicates their situation.
It is advisable to cancel a court order if the borrower needs a certain period of time to repay the amount. The cancellation procedure will allow him to gain time and deal with the bank without the intervention of authorized bodies. In addition, cancellation of the document will give the borrower the opportunity to challenge the amount of the debt or penalty, and in some cases, achieve re-issuance of the loan agreement on new terms.
Cancellation procedure
To cancel the order, the borrower must submit an application to the same court within 10 days after receiving the notification letter from the court. This right is spelled out in Article 129 of the Code of Civil Procedure of the Russian Federation.
You can view a sample of filling out an application on state portals, court websites and other Internet resources. There you can download the form and fill it out. The document must be correctly executed - this will avoid refusal to consider it. So, what should be contained in the statement:
- Name and address of the court, full name of the magistrate.
- Borrower details: residential address, full name, phone number.
- The title of the document is “Objection”.
- Order number and date.
- Expressing disagreement with the resolution.
- Please cancel the decision.
- Date and signature.
- List of documents.
In the document, the borrower can indicate the grounds on which he wants to annul the decision of the authorities. In the text of the application, you can indicate the reason why he does not agree with the forced recovery, for example, illness, temporary absence from his permanent place of residence, ignorance of the order, etc.
After filing an objection, the court makes a decision to cancel the decision or execute it within 3 days. If the order was annulled, the judge sends a copy of his decision to the lender and borrower.
Video - court order: what is it and how to cancel it?
What to do if the deadline for filing an objection is missed
If for some reason the borrower was unable to file a complaint against the ruling, he can restore his right. To do this, he needs to send an application to the magistrate court hearing the case. The application must indicate the number and date of the order, your personal data and a request to restore the deadline for filing an application to cancel the order. The purpose of this document is to convey to the court the reasons why the borrower was unable to file an objection.
The court may accept the application and restore the right to appeal if the borrower's reasons are valid. Such reasons include illness or a long business trip. The application must be accompanied by documents proving the impossibility of filing an objection in a timely manner.
If the borrower missed the deadline for filing an objection for an unexcused reason, then the order that has entered into force can still be canceled. The only thing is that it will be much more difficult to do this. The application to restore the right to appeal is no longer sent to the magistrates' court, but to the Presidium of the regional court. In this case, the objection will take the form of a cassation appeal. The period within which you can contact the Presidium is six months from the date of entry into force of the document. The text of the complaint must include information about the decision, information about the creditor and the applicant, as well as evidence and demands.
And again we return to the topic of the Court Order, which is so frightening when it becomes impossible to pay the loan, and you find out that you have received it. In this material we will understand what kind of document this is, its functions, and what it obliges.
Definition
A court order is a court order issued by a single judge based on an application from a bank or other credit organization to collect money from a debtor. A court order is immediately an executive document. That is why banks, for the most part, when collecting debt on loans from a borrower (debtor), turn to magistrates with applications for the issuance of a court order, rather than filing statements of claim in court.
A court order is at the same time an executive document (a significant difference from other court decisions) and is carried out in the manner established for the execution of court decisions.
Therefore, debt collection based on a court order is much more profitable for banks and takes much less time to obtain a writ of execution. For example, when filing a claim in court, from the moment of filing the application to receiving the writ of execution, it takes from several months to a year, and sometimes even longer, but when collecting debts in the order of writ proceedings, from the moment the application for the issuance of a court order is received The magistrate judge has less than two months before the court order enters into legal force. Well, then the writ of execution will be handed over to the bailiffs and they will begin to work to collect the debt using all legal methods.
What should be contained in a court order:
- Contents of the court order
- The court order states:
- production number and date of the order;
- name of the court, surname and initials of the judge who issued the order;
- name, place of residence or location of the claimant;
- name, place of residence or location of the debtor;
- the law on the basis of which the claim was satisfied;
- the amount of money to be recovered;
- the amount of the penalty, if its collection is provided for by federal law or agreement, as well as the amount of penalties, if any are due;
- the amount of state duty to be collected from the debtor in favor of the claimant or in the income of the corresponding budget;
- details of the claimant's bank account to which the funds to be collected should be transferred if the foreclosure is carried out using funds from the budgets of the budget system of the Russian Federation.
Issuance of a court order or refusal to issue
Magistrate of court district No.
From……. (full name), residing…….
Tel………..
G. The magistrate of court district No. _____ issued a court order, according to which _____ rubles were collected from me to repay the debt under loan agreement No. _____. The court order was issued at the request of the claimant - Bank _________.
I object to the execution of this court order because I do not agree...(the grounds for cancellation, for example, a disproportionate amount of the penalty or the amount of the debt was incorrectly calculated).
Based on Art. 129 of the Code of Civil Procedure of the Russian Federation, the judge cancels the court order if the debtor raises objections regarding its execution within ten days from the receipt of a copy of the court order. A copy of the court order was received by me ______.
Considering the above and guided by Art. 129 Code of Civil Procedure of the Russian Federation. I ask: To cancel the court order of the magistrate of judicial district No. ______ dated _____ to collect from ______ an amount in the amount of ________ rubles to repay the debt under loan agreement No. ______.
You leave this statement with the magistrate or send it by registered mail with notification, and soon the court order should be canceled. And the bank has no choice but to sue you.
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