A court order in civil law is a decree of a judge issued individually without notifying the parties and without a hearing at a meeting on the basis of an application by the claimant to claim movable property or to reimburse sums of money from the debtor.
Writ proceedings in resolving civil cases are considered a simplified procedural form.
The claimant is the party who makes demands in writ proceedings. The debtor is the obligated party. The period for issuing the decision is five days.
A court order, being an executive document, is aimed at its forced execution in the manner prescribed by law.
It ensures efficiency and effectiveness in decision making. This is especially true in cases of alimony collection, in which delaying the process can lead to unnecessary consequences for the parties. Since the order is a simplified form of legal procedures, it helps to increase the efficiency and effectiveness of judicial protection.
Requirements that form the basis for issuing an order
The claimant chooses from several options. He can file a claim with the appropriate authority or file a petition for the issuance of a court order. This is specified in the legislation. At the same time, it strictly limits the requirements for which the order in question is issued:
Application Process
The court order is issued on the basis of the submitted application. This petition is submitted to the judicial authority according to jurisdiction and is paid with a certain state fee. Its amount is equal to fifty percent of the rate accepted for claims.
An application for a court order is always in writing. It is not taken orally. It indicates the name of the judicial authority to which the claimant submits the application, full name. claimant and debtor, their location or residential address. It is also necessary to indicate the requirements imposed on the debtor and the circumstances that are the basis for the presented claims. All this is accompanied by documents confirming the legality and validity of the requirements presented, and a list of certificates and papers attached to the application. If the petition concerns the claim of movable property, then it must indicate the value of the object. 
At the end of the application, the claimant must certify it with a signature. If such a petition is submitted by an official representative, then a document confirming the authority of this person must be attached to it.
Grounds for returning an application
Civil legislation provides for certain grounds that are grounds for returning an application for a court decision in order to eliminate them. Such grounds include the following:
- Failure to pay the state fee required to file an application.
- Lack of documents to confirm the claimant's claims.
- Violation of the general requirements for the content or form of the document.
The application may be resubmitted to the appropriate authority after the violations indicated by the court are eliminated.
Grounds for refusal to accept an application
If the application is returned, the claimant can correct the shortcomings and re-apply to the court. If the application is refused, the person does not have any legal reasons at all for filing this petition. The grounds for refusal include the following:
- A requirement is stated that is not the reason for issuing the order.
- The debtor is located or permanently resides outside of Russia.
- From the documents presented and the application itself, it is clear that there is a dispute about the right.
If the court decides to refuse to accept or return the application, then this body issues a ruling within three days from the date of receipt of this petition.
- Name of the court.
- The date the order was issued.
- Production number.
- Initials and surname of the judge who issued the order.
- Last name and initials of the creditor and debtor.
- The debtor citizen must indicate his date of birth and place, as well as his place of work.
- The law that serves as the basis for satisfying the stated requirement.
- The amount of money to be collected, penalties, and penalties.
- Designation of movable property indicating its value.
- The amount of state duty to be collected from the debtor.
- Bank details of the claimant's account.
- The period of formation of the claimed debt on obligations.
If a court order is issued regarding the collection of alimony, then an indication of the place and date of birth of the debtor, as well as his place of work is added to the above list. 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 in question is signed by the judge and drawn up in two copies. This is done on a special form. One copy of the order remains in court, the second is given to the claimant, and the debtor is given a copy.
Notifying the debtor of the decision
After the order is issued, a copy is sent to the debtor. This is done by mail. The debtor, within ten days after receiving the document, may submit objections regarding its execution. If he does not do this, then the court decision comes into force.
Cancellation of a court order
If the debtor, within the period specified by law, submits objections regarding the implementation of the order, the judge cancels it. This petition is canceled by issuing a ruling. What does it say? In the ruling, the judge explains to the claimant about his right to demand the implementation of the stated claims through legal proceedings. The ruling to cancel the court order is sent to the parties from the day it is issued. In this case, the parties receive only a copy of the determination. And the document on appeal itself is not subject to seizure. 
How to cancel a court order on a loan?
There are situations in which the debtor receives an order from the court. In his opinion, the bank debt in it 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 relevant authority to cancel such an order.
Since a court order is issued at the request of a bank or collector without checking 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 fee. And the application can include all kinds of penalties, fines and other penalties in relation to the bank client.
The debtor learns about the court order only after receiving a notification by mail, after 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 canceling the court order. Let us remind you that it is ten days from the date of its receipt. To do this, it is enough to send an application to the magistrate’s court that issued the order to collect the loan. Documents may be sent by mail or delivered in person. The application to cancel the court order must be drawn up in triplicate. Two petitions are submitted to the appropriate authority. The third application is given with a receipt stamp to the person who sends it to the court.
Cancellation of a court order on a loan (see sample below) is possible even if the deadlines provided for by law have been missed. To do this, you need to write a request to restore the missed days. If the court considers these reasons to be objective, the deadlines will be restored, and the citizen will have the right to file an application to cancel the court order.
Most often, credit organizations rely on the debtor’s legal illiteracy and on the fact that the person will not cancel the court order. This is explained by the fact that many people do not know about the right to cancel it, so they do not file a claim in court. This forces the debtor to have certain obligations to the bank. 
Issuing an order to the claimant
If the application to cancel the court order is not received by the relevant authority from the debtor within the period specified by law, the claimant receives a second copy of the document certified by seal. At the request of the claimant, the order in question is sent to the bailiff for implementation.
If the borrower wishes to receive a state fee from the debtor, a writ of execution is provided, which is issued to the bailiff.
Alimony
Is it possible to cancel a court order for alimony? 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 the statement, it is enough to indicate your disagreement without justifying it.
If the debtor still wishes to indicate the grounds, then the cancellation of the court order may be for several reasons:
- Lack of income or low salary of the debtor.
- Having loans or credits that need to be repaid monthly.
- Incapacity due to disability, etc.
In this case, the basis must 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 familiar with the decision made, and in the meantime it has already entered into force. Consequently, the citizen missed the deadlines established by law for appealing the document in question. In this case, the cancellation of the court order occurs by filing an objection with the magistrate court that made this decision. In the latter, it is necessary to indicate, in addition to the requirements for cancellation, a request for the restoration of the missed deadline, which was not taken into account through no fault of the debtor. In this case, it is necessary to indicate the reasons. In most cases, this practice has a positive result. The judge overturns the order.
Next stage
So, if the court order has already been canceled, what comes next? When the decision in question has been overturned, a determination of this fact is made. It explains the right to apply to the magistrate's court in the manner of claim proceedings by filing a claim against the debtor. The decision to cancel is not subject to appeal. 
Claim proceedings are different in that the plaintiff is obliged to appear in court and justify 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. How are they expressed? The similarities lie in the judicial body, which has the right to make such decisions, and in the forced form of execution.
The decision is not subject to cancellation by the court that issued it, unlike an order. In this case, the cancellation of the court order is carried out by the very person who issued it.
The decision consists of four parts, and the court order consists of two: introductory and operative.
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 and call 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 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 contact the magistrate who issued the court order with a request 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.
10.01.2019
Have funds been withdrawn from your account without your “permission”? Most likely, the basis was a court order.
Each debtor may unexpectedly receive a court order in person or by mail, which states the obligation to pay a certain amount of money in favor of the applicant. Sometimes a copy of the court order (accidentally or intentionally) does not reach the addressee, and then the money can be written off from the accounts without warning.
Citizens have natural questions:
- On what basis was the money written off?
- when and why was the order issued by the court without considering the factual situation and the personal presence of the debtor in court?
- Is it possible to cancel this document and get the money back?
What is a court order?
Court order - This is a court decision and at the same time an executive document on the collection of debt (as well as on the reclaiming of property) in the amount of no more than five hundred thousand rubles, which is issued by a single judge according to a strictly limited list of requirements listed in the law.
The court order must contain the following information:
- name of the court;
- case number;
- date of the order;
- personal data and account details of the applicant;
- FULL NAME. the judge who issued the court order;
- FULL NAME. the debtor, his address of residence, date and place of birth, work data (if known), as well as at least one of his identifiers - SNILS, INN, passport details (or other identification document), OGRNP (if the debtor is an individual entrepreneur ). For the debtor's legal entity - name, address, INN and OGRN;
- indications of the laws and legal acts that served as the basis for satisfying the claims of the claimant;
- the amount of the amount to be recovered (and the penalty), as well as the state duty to be transferred to the budget.
Why is a court order issued “in absentia”?
Since the basis for issuing a court order is undisputed documents, standard judicial proceedings are not applicable in this case due to the absence of the subject of the dispute. Therefore, the application is considered in a “simplified” manner - there is no need for the parties to participate in the process.
In what cases can a court order be issued?
The issuance of a court order is possible only for specific types of claims specified in the Civil Procedure Code of the Russian Federation, including:
- for transactions drawn up in simple written form;
- under notarized contracts;
- when collecting debt for utilities and telephone communications;
- when collecting debts on payments and contributions of members of HOAs and building cooperatives;
- on claims for the collection of alimony debts;
- on delays and non-payment of wages, etc.
How long does it take to issue a court order?
The court order is issued within five days from the date the applicant submits the petition to the court. After ten days, the order comes into force, but only if the debtor has not received a statement expressing disagreement regarding the issuance of this document. In this case, the judge (or rather his assistant) gives the applicant a court order, which is stamped. The applicant himself can send it to the bailiff or to the bank where the debtor’s accounts are located. In addition, the claimant has the right to ask the judge to send an order to the FSSP. In turn, the judge has the right to send the order to the bailiffs, both on paper and in electronic format, signing it with an enhanced qualified electronic signature.
Cancellation of a court order
A copy of the court order is sent to the debtor at the address specified by the claimant in the application. The debtor has ten days from the date of receipt of a copy of the order to express his disagreement, namely, to send a written statement to the court with objections to the fact of the issuance of the court order. The ten-day period is counted from the date of receipt of the order, that is, from the moment of signing the postal notice or personally receiving the order in court.
Important: there is no need to justify the reasons for disagreement with the court order. According to Art. 129 of the Code of Civil Procedure of the Russian Federation, the very fact of the debtor’s disagreement is an indisputable basis for canceling the court order.
What does canceling a court order do?
The cancellation of a court order does not cast doubt on the very fact of the existence of a debt, since the objections received from the debtor only indicate the existence of a dispute between the parties. The judge is obliged to cancel the court order, after which the claimant has the right to defend his interests through litigation.
A logical question arises: does it make sense to file an application to cancel the court order if you still have to answer for debt obligations?
Undoubtedly, there is. The debtor has a “temporary margin” sufficient to prepare for the trial, where the defendant will be able to present evidence that the applicant’s demands are unfounded or take appropriate measures to resolve the situation pre-trial.
In addition, the debtor subsequently receives the right to appeal the court decision through an appeal procedure.
How to correctly draw up an application to cancel a court order?
An application to cancel a court order is submitted (in person, through an authorized representative or by mail) to the court body that issued the decision.
The law does not provide for specific requirements for drawing up an application to cancel a court order, but, based on established judicial practice, certain rules must be followed when writing an objection.
The application is made in simple written form - by hand or printed.
- In the upper right corner you should indicate:
- name of the judicial body, surname and initials of the judge;
- surname and initials, registration address (place of residence), telephone number of the applicant.
- Below, in the center of the sheet, the name of the document is written: “Objection.”
- In the main part, the applicant sets out his reasoned disagreement with the court order, indicating the reasons. (This condition is not mandatory).
- The pleading part must express an appeal to the court - a request to cancel the court ruling.
- Next, the date is indicated and a personal signature is placed.
How long does it take to cancel a court order?
A ruling to cancel a court order, which is not subject to appeal, including an explanation of the claimant's right to file a claim in the general manner, is made by the judge no later than three days from the date the objection is received by the court.
Missed the deadline for filing an appeal?
A citizen (or individual entrepreneur) has the right to restore the appeal period missed for valid reasons by sending a corresponding petition to the judge. Moreover, if there are good reasons, the debtor may not directly apply for restoration of the deadline. He has the right to submit ordinary objections to the magistrate, additionally indicating the reasons for the omission and justifying them with supporting documents. For example, a certificate from the hospital, a travel certificate, a certificate of change of address, and so on. The Supreme Court of the Russian Federation clarified that this can be done in its Resolution No. 62 of December 27, 2016. However, he clarified that the circumstances that prevented a person from sending objections on time must remain in effect throughout the entire period of appeal, and the objections themselves were sent by the citizen no later than 10 days from the date of termination of these circumstances.
It is much more difficult for a legal entity to justify the validity of the reasons for the untimeliness of objections, since the head of the organization is obliged to organize work in such a way that, in the event of his absence, authorized persons receive postal items.
In each specific case, the issue of restoring the deadline for appeal is decided by the court.
If enforcement proceedings have already been initiated
If the court order has entered into legal force and enforcement proceedings have been initiated against the debtor, then ignoring the requirements can lead to negative consequences. For example, to the seizure of accounts.
However, even in this situation, the debtor does not lose the opportunity to appeal the court order. In the Resolution of the Supreme Court of the Russian Federation indicated above, it is especially emphasized that an order that has entered into force must be submitted appeal. Today she is sent to the presidium of the court of a constituent entity of the Russian Federation (supreme, regional, regional, and so on). The period for such an appeal is six months from the date of entry into force of the court order. However, it is worth clarifying that the process of cassation appeals against decisions of magistrates’ and district courts will soon undergo serious changes. In accordance with Law No. 1-FKZ of July 28, 2018, a new structure of appeal and cassation courts is being created in Russia. And after the Supreme Court of the Russian Federation notifies in 2019 about the start date of these courts, the court order that has entered into force can be appealed to a new cassation instance.
In addition, it should be remembered that in accordance with Article 39 of the Law on Enforcement Proceedings No. 229-FZ, a judge can suspend enforcement proceedings when the debtor (defendant) challenges the court order in the cassation instance. So, the entry into force of a court order does not mean that it cannot be canceled or enforcement proceedings suspended.
Get installments
If the debtor has no objections to the content of the court order, but is temporarily unable to fulfill the demands of the claimant, he has the right to apply to the court that issued the order with a written application for an installment plan or deferment of execution, as well as a change in the order of payments. The appeal should indicate valid reasons, refer to a difficult financial situation or other documented circumstances.
But we must remember that granting a deferment of debt payments is a right, not an obligation, of the judiciary.
Arbitration court order
Since the summer of 2016, the court order began to be used in arbitration proceedings. Courts of first instance received the right to issue court orders, but only on the basis of a corresponding request in the statement of claim on behalf of the claimant.
An arbitration court order is issued in cases of non-fulfillment or improper fulfillment of the terms of contracts, when the amount of debt does not exceed 400,000 rubles, or when collecting mandatory payments and sanctions in the amount of no more than 100,000 rubles.
To be fair, it should be said that arbitration courts issue court orders much less often than magistrates. This is explained by the fact that collectors simply do not include a request for a court order in the application. Therefore, the case is considered in the usual manner (Article 229.3 of the Arbitration Procedure Code of the Russian Federation). And if you familiarize yourself with judicial practice, you can come to the conclusion that most often the bodies of the Pension Fund of the Russian Federation are asked to issue a court order. They actively use this tool to collect payments and penalties. (Court order of the Administrative Court of the Krasnodar Territory in case No. A32-34565/2018 dated 09/04/2018).
conclusions
So, any court order that has not entered into force can be easily canceled. It is enough to simply send your objections within the period specified by law and the court will certainly cancel it. Moreover, even if the deadline is missed for good reasons, the court can make a ruling and cancel the court order. That is, the legislation is very loyal to the debtor in the process of writ proceedings. However, one should not be deluded by this - after the court order is canceled, legal proceedings begin, which, as a rule, ends with a decision to collect the debt. Therefore, we urge readers, immediately after receiving information about the issuance of a court order, to seek help from professional lawyers who will be able to assess all the risks, formulate the necessary arguments and defend your interests in court.
Today in my article I want to tell you in simple terms what a court order is. Why is it so easy to cancel it if you meet the deadline and what happens after the court order is canceled?
Court order
This is, accordingly, a judicial writ of execution, which is issued by the judge alone on the basis of an application for the collection of funds or for the recovery of movable property. The amount of the claim does not exceed 500,000. You can find out more about this type of document in Chapter 11 of the Code of Civil Procedure.
In simple human language, it is easier and cheaper for your claimant to first go for a court order. This is what most banks and microfinance organizations do.
The court order is issued without trial. The bank applied to the court for its issuance, the court issued an order.
However, here we must understand that just as quickly and simply an order is issued, it can also be easily cancelled. The most important thing is to meet the 10-day deadline from the date of receipt of the writ of execution.
You can cancel this document without the help of a lawyer, the main thing is to draw it up correctly. I wrote in more detail about canceling the order
What happens after an order is cancelled?
Most claimants will go to court with a statement of claim. The claim can no longer be cancelled. If you do not agree with the bank’s demand, you must write an objection to the bank’s statement of claim.
For the most part, in the objection, many indicate disagreement with penalties, penalties, and fines. According to the court, they can be minimized. No court will remove the principal debt and interest. Of course, there may be other grounds for objection, but this is not the topic of this article.
The court makes a judgment
At the court hearing, the judge will make a court decision, which will indicate the total amount of the debt. After this, your claimant will receive a writ of execution from the court and present it to the bailiff service (sometimes the bank can present this document to another bank, bypassing the bailiffs, if it knows that you have an account with it).
The bank has three years to present the writ of execution. Usually, collectors transfer it after 2-3 months to the bailiff service, but they can do it after a couple of years.
Initiation of enforcement proceedings
As soon as the writ of execution reaches the bailiff service, enforcement proceedings are initiated within 3 days. Next, you are given a resolution to initiate it and given 5 days for voluntary repayment. If you do not pay the entire debt, the bailiff begins an official search for your accounts and property. You will also pay an additional 7% performance fee.
P.S. Dear subscriber, I hope it has become clearer to you what happens after canceling an order. If you have any questions, ask below in the comments.
Best regards, Alexander Izotov.
Prolonged neglect of one's own obligations to the bank may cause the creditor to go to court. As a result, the borrower faces a judicial foreclosure procedure. Here we will discuss how to cancel a debt collection order - step-by-step instructions that include sample documents, as well as all the possible pitfalls of this action.
Normative base
Important! Please keep in mind that:
- Each case is unique and individual.
- A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.
To get the most detailed advice on your issue, you just need to choose any of the options offered:
An order for debt collection can be called one of the types of resolution. An application submitted by the bank to the court about the debt the debtor has is the basis for its appearance. When referring to the legislation regarding a court order, you should rely on the following documents:
| Law, article | Short description |
| Code of Civil Procedure of the Russian Federation Art. 23 | If there is no dispute regarding the return of amounts, then it is considered by a magistrate in writ proceedings |
| Code of Civil Procedure of the Russian Federation Art. 121 | This states that the judge issues an order to collect funds from the borrower to pay off existing debt |
| Code of Civil Procedure of the Russian Federation Art. 122 | The article discusses in detail the requirements according to which a court order is issued |
| Code of Civil Procedure of the Russian Federation Art. 128 | Contains information about the deadline for sending a notice to cancel an order |
| Code of Civil Procedure of the Russian Federation Art. 129 | The possibility of canceling a court order is described |
Receiving an order
Receiving an order for the bank occurs as soon as possible. Within 5 days, the judge is required to examine the application submitted by the bank. Please note that the creditor submits the application to the magistrate’s court at the place of registration of the debtor or at the location of the office where the loan was previously received (depending on the content of the loan agreement). Having considered the application and made a positive decision, the court sends an order to the bank to collect the debt from the debtor - a trial is not carried out in this case. It is not obligatory for either party to appear in court.
For the bank, this procedure is very convenient, profitable and fast. Without literally making any effort, having sent to the court only an application, a loan agreement, statements, detailed information about the debt and paying a small state fee, the data is sent to the bailiffs. The organization does not even need to hire a lawyer; ready-made application templates are available on the Internet.
It takes approximately 60 days for the writ to take effect. Bailiffs use various methods permitted by law. For example, a foreclosure is imposed on the borrower’s property. As a rule, the borrower learns about the existence of the order directly from the bailiffs, who may suddenly “come to visit” with a copy of the relevant document and the order for its execution in their hands. It is also possible to receive papers by mail to the debtor’s address specified earlier in the loan agreement.
As a result, the debtor wonders whether and how it is possible to cancel the court order to collect the debt. We have prepared the answer.
Reasons for canceling a court order
We emphasize that the debtor has the right to submit to the court his objections to the issued order within 10 days after receiving it. The reasons for canceling a court order for debt collection may be different, but the main one is the debtor’s disagreement with the decision of the judicial authority. In the application to cancel the order (we will describe the submission form below), you do not have to indicate the true reason for your objections, but for greater persuasiveness we recommend doing so. For example, the basis for a claim may be the following:
- The lender violated the terms of the contract.
- There is no debt.
- It is impossible to execute the order within the time period specified in the document.
- The lender changed the terms of cooperation with the borrower.
- The interest rate on the loan has changed.
- The debtor has financial and life difficulties.
According to statistics, only every 10th borrower knows about his rights and is able to declare them. In most cases, no one challenges the court's decision, so the banks' claims are fulfilled in full. You can also decide on the procedure if you want to reach an agreement with the bank without the participation of the court or if you want to remove the seizure from your own real estate in order to remove the property from your property.
Step-by-step instruction
Considering the question of how to cancel a court order to collect debt on a loan, we will analyze the actions of the debtor step by step. The first thing he needs to do, having received the relevant information, is to contact the authority that made the decision to collect the debt with a written statement. This can be done in three ways:
- By contacting in person.
- Through an authorized representative.
- Through postal services.
Statement
The application itself should indicate:
- Heading – introductory part: name of the judicial authority, full name and address of the claimant (judge), details of the debtor or authorized person.
- Main part (objections): number of the existing order, date of its creation, grounds for challenging with references to Art. 128 and 129 of the Code of Civil Procedure of the Russian Federation (required).
- Pleading part: a request to cancel the court order.
- Conclusion: date and signature of the applicant.
List of documents
Documents are usually attached to the application, but the list of documents is quite different from those submitted by the creditor for the order to collect the debt. All that is additionally required from the debtor is a copy of the same court order that was handed to him by the bailiff or came by mail with the signature and seal of the executor.
Please note that the application must be written in two copies: one for submission to the court, on the second there is a mark from the court that the paper has been accepted by you. For greater clarity on how to cancel a court order to collect a debt, we suggest you look at a sample application from the person being recovered and download the form to fill out.
Deadlines
We have already indicated above that the period for canceling a court order for debt collection is 10 days from the date of its receipt by the debtor. However, guided by Art. 256 of the Code of Civil Procedure of the Russian Federation, you can write an application later - within 3 months, but even the expiration of this period is not a reason for the court to refuse to accept the application written by the debtor to cancel the order.
The “trick” is that you need to provide the judicial authority with compelling, valid reasons for the delay in filing your claim, for example, attach documents about your stay during this period in the following places:
- Business trip.
- Outside the country.
- On inpatient treatment.
- Accommodation at a different address, etc.
That is, perhaps for some reason you did not receive a copy of the court order in person and this must be proven. To help the debtor in the current situation with missed deadlines, Art. 443-445 Code of Civil Procedure of the Russian Federation. Apply to the bailiffs. A sample application can be downloaded from our website ().
If enforcement proceedings are initiated, then ignoring the demands of the bailiffs can lead to negative results for the debtor, so it is better to do everything voluntarily and then go to court with an objection.
Features of canceling an order
In the case where the debtor has no objections to the court order, but temporarily does not have the opportunity to fulfill his debt to the collectors, it is permissible to go to court by writing an application for a deferment or installment plan for the fulfillment of his obligations. You will need to justify the reasons, for example, citing financial difficulties or other valid circumstances.
In any case, remember that the court is not obliged to make a decision in your favor - each case is considered individually. The following options are possible:
- The debtor's application to cancel the court order remains unsatisfied.
- The court order is canceled, the claims of the claimants are considered in the claim proceedings according to the general rules for filing a statement of claim.
- Changes are being made to the order.
The applicant for the cancellation of the court order does not pay any fees, unlike the claimants. The period for the body to make a decision after receiving an objection from the debtor is up to 3 working days.
Pros and cons of cancellation
In fact, it is quite simple to cancel a court order - you need to write a statement within 10 days, attach the received copy of the decision, and without paying anything. If the court satisfies the debtor's claim, enforcement proceedings are terminated. It is possible that if the court decision is overturned, the debtor will have time to “hide” his property or reach an agreement with the bank out of court. As for the disadvantages, they are also present:
- Even after the court order is canceled, interest on the loan, fines, penalties, etc. continue to accrue according to the agreement between the bank and the borrower.
- Canceling a debt collection order only allows you to delay time and not completely resolve the debt issue.
- A positive ruling in favor of the debtor (cancellation of the order) may become a prerequisite for filing a claim in court instead, which will only worsen your moral condition. Communication with these collectors is already legendary.
We agree, if the delay in the case is done by the debtor in order to accumulate funds, which are subsequently sent to pay off the debt to the bank. Under other circumstances, this measure is inappropriate.
Practice
We emphasize that an order to collect debt can only be obtained for certain types of loans (consumer or card). In this case, it is impossible to “sue” collateralized loans with guarantors. The amount of requirements for writ proceedings is very limited - on average 300,000 rubles.
Statistics show that the cancellation of court orders occurs in the range of 50 to 50 applications. In practice, it often happens that court districts do not send decisions to debtors at all, although judges are required to carry out the procedure for sending the relevant document. Most often, bailiffs come on their own with a ready-made message. Our advice is not to panic; if you don’t understand something, contact a lawyer or immediately write a statement of claim to the authority that issued the order to collect the debt.