The court order was not canceled due to missing the deadline for filing an application

Procedure for canceling a court order

This procedure must be carried out by the same judge. This distinguishes it from a court decision, which can be overturned by a higher court (read about the procedure for appealing a court decision). Unlike a court decision on the basis of which a writ of execution is issued, this document has legal force.

Court orders are issued based on:

• notarized transaction;
• an agreement concluded in writing;
• protest of the bill.
• alimony;
• arrears on taxes and other obligations to the state;
• accrued wages that were not paid.

So, you have received a court order, what to do next?

1. Decide whether you agree with the requirements for you specified in the court order, for example, to collect tax debts.
2. If you do not agree with the court order issued against you, prepare objections regarding the execution of the court order (hereinafter referred to as objections to the order).
3. Submit your prepared objections to the order to the judge who issued the order. Do not forget about the 10-day period during which the debtor has the right to file objections to the order.
4. Check with the court when you will be able to receive information about the decision made on your objections.
5. Obtain a court ruling to cancel the court order or to refuse to satisfy the debtor's request to cancel the order. Although, if you file objections within the established time frame, the judge will have no reason not to cancel the order, which is discussed in more detail below in the material.

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How to cancel a court order: correctly, quickly, simply

Quite a lot of Russians learn about their debts from bailiffs. Most often, this occurs in the form of unexpected debiting of funds from bank cards with their subsequent blocking, or the imposition of a ban on registration of vehicles or real estate. In most of these situations, enforcement proceedings are initiated on the basis of a court order issued by a magistrate. How to cancel a court order, how to draw up an application to cancel a court order, to whom and in what time frame an application to cancel a court order is submitted, we will discuss everything in detail in this article.

What is a court order and writ proceedings?

The current Russian civil legislation provides for two options for legal proceedings: claim and writ. The claim requires the plaintiff and defendant to come to the court hearing and appear before the court in defense of their position. The result of the lawsuit is a court decision. The consideration of a case here takes two months or more.

Order proceedings are simpler and faster. There is no provision for summoning the parties; the judge examines the documents submitted by the applicant, and if they confirm the existence of a debt, he issues a court order. In this case, the statute of limitations does not matter. The period for consideration of an application for issuing an order cannot exceed five days. The court also has five days to send the issued court order to the debtor. Let us note that the courts do not always comply with this provision of the law regarding the timing of sending a copy to the debtor, which gives a greater chance of overturning this judicial act.

The writ procedure takes ten days for the issuance of a judicial act and ten days for it to enter into legal force, does not require serious preparation on the part of the claimant for the consideration of the case and provides for the payment of a state fee in a smaller amount than in legal proceedings. But the simplified procedure for issuing a court order also provides for a relatively simple procedure for its cancellation.

How to cancel a court order?

Knowing what a court order is and the peculiarities of its issuance, it is quite simple to cancel this judicial act. Currently, the legislation does not contain a specific list of circumstances under which the magistrate’s court must cancel a court order. Therefore, it is enough to send a statement of disagreement with the applicant’s demands to the court. In this case, there is no need to justify your position or provide evidence.

Cancellation of a court order

Assistance in drawing up an application to cancel a court order.
Filling out a form to receive an application to cancel a court order. More details

The application is submitted to the magistrate's court that issued the order. It is important to comply with the deadlines for filing objections. Otherwise, it is quite difficult to cancel the court order.

The document must indicate the date of receipt of a copy of the order, because This is precisely what is crucial for the court to decide to cancel the court order.

What is the deadline for canceling a court order?

An important point in the process of canceling a court order is the deadline for filing objections. The law clearly defines this period as ten days from the date of receipt of a copy of the court order. And here it is important to know how to cancel a court order within the prescribed period under various circumstances of its receipt.

Firstly:

If the magistrate's court worked clearly and sent a copy of the order within the established time frame. A court order, like any other court correspondence, is stored in the mail for only seven days. It is necessary to have time to pick up the envelope with the court order during this period and the ten-day period will begin counting from the date of receipt.

Secondly:

If the issuance of a court order became known from the bailiffs and a copy of it was not previously received. In this case, let’s not forget that a court order is both a court decision and an executive document at the same time. Therefore, you can get a copy from the bailiff conducting enforcement proceedings. The ten-day cancellation period will begin from the moment you receive the copy.

In this situation, you can go a slightly different route - go to court with an application for a copy of the order, or immediately with an application for its cancellation. In each of these options, it will be necessary to indicate that the issuance of the court order became known from the bailiff after the initiation of enforcement proceedings.

Third:

If the deadline for filing objections has passed. In this situation, it is especially important to know exactly how to cancel a court order correctly. To do this, the debtor must send to the court not only his objections, but also a petition to restore the missed deadline. It is important that this petition indicates the reason why the objections were not filed on time and that this reason is serious so that the court recognizes it as valid. Practice shows that the court recognizes not only the “traditional” illness, business trip, but also living at a different address as a valid reason. But here it should be remembered that, unlike objections to the order itself, documentary evidence of the circumstances specified in it must be attached to the petition.

When will the court cancel the court order?

An important point in the question of how to cancel a court order is the period for consideration of objections by the magistrate. Today, the legislation does not regulate this period, so each judge is guided in this matter by his own workload and other circumstances. Most often, an application to cancel a court order is considered within five to ten days. After which the ruling on cancellation must be sent to both the claimant and the debtor - the law allows three days for this.

Cancellation of a court order

If a court order has been issued against you, but you want to challenge the decision within the deadline allowed by law? Are you concerned about the question of how to accurately, quickly and cheaply file an application for cancellation (objection to the execution of a court order in accordance with the Code of Civil Procedure of the Russian Federation)? With the advent of the new online service, this has become very easy: fill out the form remotely.

A document prepared using the service will allow you to cancel the court order and stop the collection. Correctness in filling out the application excludes the possibility of the court refusing to cancel the court order.

Deadline for canceling a court order

The debtor's party has the right to appeal the document in writing within 10 days from the date of receipt of the court order by filing an objection with the court that sent the judicial act to him.

In this case, the court order on the loan or other grounds for issuing it is canceled, and the creditor is informed of the possibility of filing a claim. If the debtor does not raise objections, the claimant is issued a court order with a stamp, which the claimant presents to the debtor through the bailiff service or directly to the bank (if credit institutions with accounts of the debtor are known).

Restoring the deadline for canceling a court order

If for some good reason you missed the deadline for filing objections to the order and canceling it, then you can always go to court at the same time as filing the objections with a petition to restore the corresponding procedural deadline, justifying and documenting the validity of the missed deadline.

Next, the court will decide whether the reasons for missing the deadline are valid or not.

If you received a court order 2 months after it was issued, and the date of receipt can be seen on the envelope in which you received a copy of the court order, indicate in your objections when you received a copy of the order and attach a copy of the envelope. Reinstatement of the deadline is not required in cases where it is possible to accurately determine the moment the debtor received the relevant order, and the deadline begins to count from the moment the debtor receives a copy of the order.

PLEASE ATTENTION: on the dates on the envelope, since there may be different situations and the envelope may lie in the mail for a long time and, accordingly, the stamps on the envelope may indicate dates when you have already missed the deadline and they will not confirm the fact that you filed a complaint within the established time frame.

It should be noted that in the Plenum the Supreme Court of the Russian Federation (hereinafter referred to as the Supreme Court of the Russian Federation) indicates the possibility of filing objections outside the relevant period, but the debtor

1. must indicate the circumstances that prevented the timely submission of objections;
2. the specified circumstances must have existed during the period when objections could be submitted,
3. and objections must be sent by the debtor no later than 10 days from the moment when the relevant circumstances ceased.

Appeal against the cancellation of a court order

The Procedural Code does not provide for an appeal against a ruling to cancel a court order. The fact that the ruling to cancel the order cannot be appealed was also indicated by the RF Supreme Court in its Plenum. By canceling the order, the judge explains to the claimant only his right to file the same claim in the manner of claim proceedings.

Debtor's complaint if the order is not canceled

If you filed an objection to the court order and it was not canceled, look at the grounds for refusing to satisfy your objections.

In fact, the only reason for refusing the debtor to cancel the order can only be missing the deadline for filing objections; in this case, the arbitration court, by ruling, returns the relevant objections to the debtor without even considering them. The magistrate may make a ruling refusing to satisfy an application to cancel the order.

A complaint against a court ruling, taking into account the grounds for its issuance, can be filed with a higher court through the court that issued the order (magistrate, arbitration court of first instance), in which you should indicate to whom it is sent, set out in the complaint all the circumstances of the current situation and indicate , what you are asking, namely, to recognize the determination to return or refuse to cancel the order as illegal, or simply cancel it, as well as cancel the court order.

ATTENTION: if the debtor missed the deadline and the court order entered into force, then he has the right to appeal such a court order in cassation under the Code of Civil Procedure of the Russian Federation.

In this case, the cassation appeal is filed directly with the cassation court, i.e. to the regional court. The details are standard; it is necessary to indicate to whom the complaint is addressed, from whom it is being submitted and who the claimant is.

Indicate what you are filing a cassation appeal against, for example, a cassation appeal against the court order of the magistrate of the Chkalovsky judicial district dated November 11, 2018 in case No. 2-5463/2018.

Directly in the text of the complaint, state all the circumstances, namely, when, by whom and what application was considered, what decision was made on it (a court order was issued), when you received the corresponding order, when you filed objections, including with a petition for restoration of the period by which the court made a decision on your objections. The complaint must allege procedural violations.

Actions after cancellation

If the debtor learned about the order already at the stage of enforcement proceedings, as soon as he receives a ruling to cancel the order, he needs to forward it to the bailiff department. This will serve as the basis for completing the proceedings, lifting the imposed arrests, terminating initiated collections and returning funds already seized.

The next step is to prepare objections to the statement of claim. Cancellation of the order does not deprive the claimants of the opportunity to apply to the court through a claim proceeding with a statement of claim. To object to the demands stated in it, the debtor’s disagreement with the debt or its amount is not enough. In the claim proceedings, the debtor faces a full-fledged trial with hearing the positions of the parties, receiving explanations, and considering the arguments and evidence of each.

Important!

Preparations for completing and submitting an application should begin in advance.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
Our lawyer will advise you free of charge - write in the form below.

How to write an application to cancel a court order?

You can get a positive decision on canceling an order by filing an application to cancel a court order containing the following elements:

1. court address details;
2. Full name (name) of the debtor and the claimant or authorized representatives, indicating the place of residence and location of the parties;
3. number of the canceled order;
4. the reasons why the debtor objects to the execution of the document, as well as references to partial or complete failure to comply with the above requirements;
5. evidence that serves as a basis to challenge such a document;
6. list of attached documents;

Drawing up an objection (statement)

The Civil Procedure Code does not impose any strict requirements for opposing an order to us, therefore it is drawn up by the debtor in free form. It must indicate:

• the name of the court or the number of the judge’s precinct to whose order an objection is being filed;
• Full name, address, contact details of the debtor;
• date, number and other details of the canceled court order, full name of the judge who issued it, the requirement on which it was issued;
• to the debtor’s disagreement with the order and the requirements that are satisfied therein;
• the reasons why the debtor asks to cancel the document;
• request to cancel the order;
• date, signature, attached documents if available.