How to restore the deadline for canceling a court order in 2021?

Do you owe the bank loan installments? It is highly likely that he will go to court to demand his money from you. Most likely, he will submit the application along with the loan agreement to the magistrate, and you will not even be called for proceedings. Such processes have been carried out in a simplified manner since 2016.

In a few more days you will receive news from the court by email. And it is very important not to miss this notice. Otherwise, you will have to restore the missed deadline to cancel the court order. Of course, this is relevant for debtors who fundamentally disagree with the stated requirements.

If you are reading this text, it means that you have already missed the deadline, and now you are asking the eternal question - what to do? The term can be restored, but you must have a compelling reason that the judge will definitely like.

How is the issue of reinstating missed deadlines generally regulated?

Court orders are issued quickly and without the presence of the parties. To apply for an order, it is enough to attach a loan agreement or other document that confirms the existence of a debt.

At the same time, the requirements should not be disputed or go into other discussions. It is impossible, for example, to declare through the magistrate's court to determine the amount of alimony. The magistrate will not calculate them - this issue must be resolved in a court of general jurisdiction - that is, in the district court at the place of residence.

How long does the ordering process take:

In just 10 days, the claimant receives a court order.
Then, within 5 days, the court order is sent to the debtor by mail. This point is recorded in Art. 128 Code of Civil Procedure of the Russian Federation.
The debtor is given another 10 days to file objections. If they are not received, then the claimant has the opportunity to apply to the FSSP for forced collection.

Norms Art. 129 of the Code of Civil Procedure of the Russian Federation stipulate that when objections are received to an order, the judge is obliged to cancel it. At the same time, the creditor receives instructions: they explain to him that this is not the end of the story, that he has the right to file claims through the district court. The decision on cancellation is sent to the creditor and debtor within 3 days.

We also have Part 1 of Art. 112 Code of Civil Procedure of the Russian Federation. It establishes that a person who did not file an objection to a court order on time has the right to restore the missed deadline. This procedure occurs only in court.

Rules and procedure for filing a claim

Rules for filing a claim:

An application within the framework of special proceedings is submitted at the place of registration of the plaintiff.
The statement of claim is filed with the district court at the place of residence of the defendant.
If the dispute arose in relation to real estate, then in both cases the hearing of the case takes place at the location of the property.

Papers are submitted in writing. Based on the application, the court opens proceedings. After that, the parties to the case are sent subpoenas, which display the date of the hearing and a list of papers that they need to have with them. The identity of each participant is established in the meeting room.

Is it possible to miss a deadline due to moving?

There are two sides to the answer to this question: yes, every person has the right to change their place of residence. But the magistrate does not have the right to issue a court order if the person’s place of residence has not been established.

Let's simulate 2 situations:

You changed your place of residence, and the bank did not know about it. You still haven’t completed registration at your new location. In this case, you can try to restore the deadlines, but the situation will be quite controversial. Why?
According to the norms of Art. 119 of the Code of Civil Procedure of the Russian Federation, a judge does not have the right to consider a case if the debtor’s place of residence remains unknown. On the other hand, we have Art. 5 and 6 No. 5242-1-FZ dated June 25, 1993. The law stipulates that within 7 days a citizen must register at a new place of residence.
If you apply for reinstatement of the missed deadline for this reason, the matter may turn out to be an unexpected surprise for you. The court may follow the principle and recognize your move without registration as an unjustified reason.
You have moved, but have registered in your new location. Let's say you changed your place of residence, did everything according to the law and without violations. But the magistrate at your old place of registration still issued a court order to the creditor. Naturally, you neither dream nor think about the “verdict” passed. And then suddenly they were faced with money being written off or accounts being frozen.
What to do? Naturally, you will need to restore the deadline for canceling the court order. At the same time, it will no longer be possible to get to the bottom of you - you moved without violations.
Here, the application must be accompanied by documents that demonstrate the date of registration at the new location.

Is it possible to miss deadlines due to illness?

If a person does not appeal a court order due to illness, in 100 cases out of 100 this will be regarded as a valid reason. But again, there are nuances. Let's simulate several situations.

You fell ill, for example, with cholelithiasis. An attack occurred and you were forced to go to the hospital for surgery. Diagnosis, surgery and post-operative recovery in the hospital took 3 weeks. During the same period, you received a notification of a court order by mail.
Let’s say, even if you learned about the order from the words of caring household members, you did not have the physical opportunity to write an objection and send it to the court before the deadline.
That's why:
- A person who has undergone surgery needs at least 3-4 days to recover from biological stress (surgery);

These circumstances are easy to prove with documentation. It is enough to attach to the application medical reports, examination results, a surgical protocol, and a sick leave certificate (it is issued from the first day of the patient’s admission to the hospital). The dates are usually indicated in medical documents.

You suffer from hypertension and were not in hospital treatment at the time you received the court order. Hypertension is a chronic disease that mainly affects people over 45 years of age.
Typically, patients enter inpatient treatment at moments of exacerbation - crisis, but this happens quite rarely. The pressure is mainly stabilized by ambulance service paramedics. And then they send patients for consultation to the district general practitioner.
Under the above circumstances, the court is unlikely to agree that hypertension is a sufficiently valid reason for missing the deadline for appeal. If you attach documents to your application showing that you were undergoing home treatment during this period, you will have little chance.
Your dependents suffered illness while the court order was issued. Dependents mean persons who are financially and physically dependent on the debtor. These are minor children, disabled parents and spouses in a difficult period of life for them - illness, maternity leave, etc. Other persons also play their role if the debtor is officially recognized as a guardian.
The principle is the same. If the dependent person was in hospital, you will have a fairly high chance of reinstating the time limit for challenging. If it was a disease like ARVI, and the patient was not even sent for hospitalization, then the court does not recognize the care as a valid reason.
A win-win situation is dependents with disabilities, especially children. Courts look favorably on people who care for sick children. If, for example, your child suffers from cerebral palsy, and you spend a lot of time on his rehabilitation, then this fact will serve as a valid reason for missing deadlines. You just need to prove that at the time you received the order you were busy with the child’s illness.

How do the courts treat missing deadlines due to travel?

In general, travel is considered a valid reason. But only if there were good reasons for leaving. When submitting an application for restoration of deadlines, it is necessary to provide documentary support. You need to prove that you were actually in another place.

According to tradition, we will present several situations that will help you understand the logic of the magistrate.

You work as an engineer, and the company sent you to the taiga to research new equipment. At the time you received the court order, you were thousands of kilometers from your home.
Here we attach to the application an order for sending on a business trip, copies of tickets (if you have lost them, you can restore them through the transport company), and other documentary evidence of the trip. A business trip is considered a fairly valid reason.
You went to visit a close relative, but it is difficult to confirm the trip itself, since you traveled in a personal car, and there was no particular reason for the trip. The reasons for absence are also taken into account by the court: for example, if you went to a special event, this is important; if you skid without any particular reason, the court has the right to refuse.

Awareness also matters. If a person knew about the order, but he did not have serious reasons for missing the deadline, the court will refuse reinstatement. If the debtor, in principle, could not know about the impending threat of enforcement proceedings, then there is a chance to restore procedural deadlines.

Missed deadlines can be reinstated, but only for good reasons.

Reinstatement of the deadline is allowed if the person does not file an objection 10 days after receiving the court order. But important reasons are needed: business trip, hospital treatment, and so on. They must be documented. In general, courts refuse to restore procedural deadlines if the debtor refers only to ignorance.

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Can this be attributed to lack of awareness in general?

In one of the cases, the Supreme Court stated that the terms can be restored if the person was not aware of the court order. The Supreme Court also refers to the position of the Constitutional Court in Determination No. 1368-0-0 of October 20, 2011.

In the Determination of the Armed Forces No. 88-KG20-9-K8 there is an interesting reference to illiteracy. It turns out that if a person was unable to object to the court order on time due to illiteracy, then this is a sufficiently valid reason for reinstating the deadlines.

But this is a controversial point. Why? The point is this: when a claimant plans to apply for a court order, he needs to:

Write a written claim to the debtor.
Send it by registered mail to the person’s place of residence.
Receive a notice from the Russian Post, which will serve as evidence of the notice in court.

In effect, the complaint notifies the debtor of the intention to seek a court order. And the debtor must sign for receipt of this letter. Under such circumstances, it is unlikely that it will be possible to plead ignorance.

The case will be revealed in a new light if the claim contains only a demand for immediate repayment of the debt. After reading such a letter, a person will not learn about the creditor’s future plans. This means that the court order later comes as a surprise to him.

In general, the reference to illiteracy raises many questions. It is not clear how to formalize this reason in practice. It’s one thing if a village resident born in 1965 goes to court to restore missed deadlines, who miraculously found out about the order, and then decided to defend her rights through a lawyer.

It’s another matter if a person with a higher education applies for restoration, whose relationship with banks resembles a creative process: he takes out a lot of new loans and covers off old ones. He has been actively playing credit ping-pong for 2-3 years now, and the court order is more of a sporting interest. In this case, it is difficult to talk about illiteracy.

As an example, it is worth presenting the Appeal Determination in case No. 11-147/17 of July 24, 2021. The debtor filed an application to restore the missed deadline, but the magistrate’s court, and later the Appeal, left her application unsatisfied. The reason for appealing the deadlines was precisely ignorance.

The woman tried to restore the term more than 4 months after the order was issued. She pleaded that she did not know about the order. But the courts refused her in both instances. It was established that after issuing the order, the judge informed the debtor of the order within the time limits established by law. However, no objection was received within 10 days.

State duty

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The amount of the mandatory fee depends on the method of submitting documents. If the claim is filed within the framework of special proceedings, then the applicant must pay 300 rubles. In this case, the application may only contain a requirement to restore the deadlines and recognize the right of ownership of the inheritance.

You have to pay significantly more to file an application through a claim proceeding. The amount of the state duty depends on the value of the property claimed by the heir.

The higher the price, the greater the tax amount (Article 333.19 of the Tax Code of the Russian Federation). The law establishes a two-component method for calculating the amount of state duty. There is a fixed amount, which depends on the size of the claim, plus a certain percentage of the difference in the minimum base rate.

Payment calculation principle

Cost of claim	Calculation formula
Up to 20 thousand rubles inclusive	4% of the claim amount, but not less than 400 rubles.
From 20,001 to 100 thousand rubles	800 rub. + 3% of the claim amount exceeding 20 thousand rubles
From 100,001 rub. up to 200 thousand rubles	3200 rub. + 2% of the claim amount exceeding 100 thousand rubles
From 200,001 to 1 million rubles	5200 rub. + 1% of the claim amount over 200 thousand rubles
More than 1 million rubles	13200 rub. + 0.5% of the amount over 1 million rubles, but not more than 60 thousand in total

Example. The head of the family died as a result of an accident. He left behind a 2-room apartment and a car. Heirs of the 1st line - 2 sons and an elderly father. On the day of his death, the man was divorced. An elderly parent is not interested in inheritance. The children did not submit documents to the notary in a timely manner to assume their rights. The sons believed that it already belonged to them according to the will. Therefore, they actually used the property. Later, the heirs learned that they needed to register ownership. They turned to the notary, but were refused. After this, they filed documents with the court to enter into an inheritance and divide the property. The heirs are entitled to ½ of the property. The estimated cost of the apartment is 2.4 million rubles. The car was valued at 1 million rubles. The total amount of the inheritance is 3.4 million. The amount of the state duty when filing a claim is 25,200 (13,200 + 12,000) rubles. Each heir receives 12,600 rubles. There are no benefits for heirs.