Application for cancellation of a court order: sample writing
Let's find out what constitutes a statement about the cancellation of a court order, a sample of which we will provide to your attention in the article. It is hard to disagree that this is an important question, especially taking into account the amounts lost by citizens due to court decisions taken without their participation.
Court order is
By a court order is understood the decision of the judge, made in a simplified form. This means that the applicant sends a statement to the named authority, attaches a package of documents to it, pays a fee, and the judge makes a decision. The peculiarity of the procedure is in the absence of the parties in the process. Moreover, the debtor learns about the order after its removal. He is only given time to apply for cancellation.
To which civil disputes this form of proceedings applies, is indicated in Art. 121 GIC. All of them are either cases of recovery of funds, or reclamation of property.But the last item does not affect immovable objects, and the recovered property or the amount of money should not exceed 500 thousand rubles.
For example, it may be a statement about the abolition of the court order housing and communal services. The model for such cases, by the way, is most often sought, since the utilities and management companies are the leaders in petitions for receiving orders.
Nuances of writ production
The judge is not obliged to agree with the application for issuance of the order. Both the applicant and the debtor will receive a copy of the refusal. In this case, you will not need a sample to write a statement about the cancellation of a court order.
However, this is not the end of the proceedings. The fact is that the applicant has no right to file a claim on the requirements listed in Art. 122 GIC, until he is denied a court order. Getting a definition of refusal - for the applicant only a prelude to filing a claim.
If the estimated amount, which the applicant is talking about, is more than 500 thousand rubles. then the case is considered in the lawsuit order - the issuance of the order is unacceptable. If he was rendered, he must cancel. It is here that you will need to send to the court a statement about the cancellation of a court order, a sample of which will be provided later. Without it, the document will come into force and the penalty will begin.The issue of validity and legality falls within the competence of the court exclusively, and not other authorities.
The court order is among the executive documents. He is immediately transferred to the bailiffs.
Who has the right to request cancellation of an order
It has the debtor and another person whose interests are affected by this judicial act. These include the debtor, guardian or trustee representing the interests of the person. Parents can be included here (there is a penalty on the property of minors). And the degree of how affected the interests of third parties, the court decides.
How much time is given for cancellation request
In the CCP are given 10 days from the time when the paper was received by mail. For example, on February 8, 2017, the debtor signed the receipt of a package of documents from the court. This means that the time given to him begins from the next day. If it ends on a weekend or holiday, then it is extended to the nearest working day.
Refusing to obtain documents from the court is not worth it. Such actions are still equal to their receipt. It is better to sign the notification in the mail and prepare a statement to cancel the order.Sample we will provide you in the article.
If, objectively, the debtor did not have the opportunity to receive the materials - he was sick or the court sent the documents to the wrong address through his own fault, there is a chance to restore the deadline for cancellation. The law does not limit the time during which such an application is allowed. The request is either combined with the application for cancellation of the order, or is attached to it. There is no difference.
If there are several debtors, the period for each of them is counted from the moment they receive the documents.
How to make a statement
The application is made either in writing or in electronic form (the second option requires the certification of EDS). It represents:
- the name of the court;
- information about the claimant (name of organization, address, registration data);
- information about the debtor to an individual (name, address of residence);
- the number and date of the order;
- the reasons for the unfounded judicial act in the opinion of the debtor;
- the main requirement is to cancel the court order, specify the number and date, the name of the applicant and the name of the debtor;
- list of attached documents;
- signature and date.
The number of copies is determined by the number of participants, one set is attached for the court.
What exactly to write is determined by the essence of the case, since there is a significant difference between credit and alimony relations, for example. But in any case, a link to disagreement with the requirements of the recoverer is obligatory.
By the way, before it was enough to declare this, now it is required to refer to specific norms of the law, circumstances and attach documents. Please note that people who are inexperienced in jurisprudence are trying to look for a sample claim for cancellation of a court order, but this way of asking the question is wrong - a statement is filed, but not a lawsuit.
What to refer to, asking for cancellation of the order
The order form of production does not cancel other norms of the current legislation. At the same time, the court does not verify the correctness of the calculation of pensions and fines on loans or other obligations. By the way, for example, the abolition of a court order on a loan can be based on this fact.
A sample of the application should be selected carefully, as well-prepared documents in the courts try not to be ignored.
For example, management companies are asked to collect debts from tenants based on the calculation of the debt.At the same time, neither copies of contracts, nor evidence of the provision of services, nor documents confirming the right to manage a residential house are presented. The absence of at least one item from the list indicates that there is no debatable debt.
Similarly, the case with alimony, if there is no evidence of paternity (it is a birth certificate). First, the fact of paternity is confirmed in the usual manner, and the amount of alimony is assigned there. It is easy to dispute the amount of monthly payments when the debtor does not have a permanent income, and the order assigned a fixed share of deductions.
Mother will have to prepare a claim after the cancellation of the court order. A sample can be found on the Internet. It is no different from another lawsuit. It is only necessary to attach a definition of the cancellation of the order so that there is no return of materials to the applicant.