Application for a duplicate of a court order download sample

A sample application for the issuance of a duplicate of a court order, taking into account the latest changes in legislation. The court issues a court order in case of consideration of a civil case in writ proceedings. This document is also an executive document. In this case, the claimant should not receive any writs of execution. The court order itself will become the basis for filing an application to initiate enforcement proceedings.

If a court order is lost, its forced execution is impossible. Bailiffs will not work with copies of the court order. In this case, it is necessary to contact the court that issued the court order with an application for the issuance of a duplicate. This is a magistrate judge, since cases of issuing court orders are the jurisdiction of magistrate judges.

The procedure for issuing a duplicate of a court order is similar to issuing a duplicate of a writ of execution. The court must submit an application for a duplicate and documents confirming its loss. Based on the application, a court hearing is held. Even though the court does not hold a hearing when issuing a court order. When the question arises about issuing a duplicate writ of execution, the court schedules a hearing. However, the failure of persons to appear does not affect the opportunity to consider the application on its merits. And make a determination. Please note that the decision to issue a duplicate or to refuse to issue it can be appealed by filing a private complaint against the decision of the magistrate.

The duplicate content will correspond to the original and has the same force as it. If, after issuing a duplicate, the original court order is found, the original must be submitted to the court as an invalid document, or destroyed independently.

If the applicant subsequently loses the duplicate of the court order, he has the right to appeal to the court again. In the application, he will indicate the new circumstances of the loss and attach supporting documents. The state fee for issuing a duplicate is not paid.

When preparing your application, we recommend that you follow the general rules for filing statements of claim in civil court.

What decision will the court make?

The court is obliged to accept the application within ten days and make a decision on issuing or refusing to issue a duplicate. The case is also considered if one or more participants fail to appear (in absentia). The judge conducting the trial examines the circumstances that led to the loss or damage of the original document. If the loss of the previous copy was due to the fault of an official, a fine will be imposed on him by the court.

USEFUL INFORMATION: Application for a court order for alimony, sample

Reasons why a duplicate may be refused:

the application deadline has expired;
execution of the case is completed: the debt has been collected, the child has reached the age of majority;
the court is not presented with sufficient evidence;
the application was submitted to the court, which did not issue a verdict on alimony.

The court decision can be appealed no later than fifteen days from the date of its adoption. After receipt, the duplicate is sent to the institution that will execute it: bailiffs, the employer of the alimony payer, the accounting department at the place where the pension is calculated, or other income of the payer is received.

If, after issuing a duplicate, the original document is found, it is handed over to the court or destroyed independently, since it has lost its validity.

Damage or loss of the original court order for the collection of alimony does not lead to the termination of payments. Often, the loss of a document occurs when the payer voluntarily fulfills the obligation, when the original remains at home with the claimant and is not submitted to the bailiffs or at the place of employment of the alimony payer for forced collection. Considering that it is quite difficult to re-issue a duplicate document without good reason, it is recommended to keep it at home along with important papers to prevent loss.

What the law says

The procedure for re-issuing a court order or writ of execution is determined by the Code of Civil Procedure of the Russian Federation (Article 430). According to the law, a request to issue a duplicate may be submitted to the court by:

the person who received this document;
the one in whose favor alimony is collected;
the official executing the order (bailiff, accountant of the organization in which the payer is employed).

The application is sent to the same court where the issue of alimony was initially considered (a decision was made) on the assignment of alimony.

It is established by law that if the original of a court document is lost or damaged, an application for re-issuance (duplicate) is submitted:

before the start of enforcement proceedings for the collection of payments (if the person in whose favor it was issued has lost it);
no later than thirty days from the moment the claimant became aware of its loss (in the case where the original was lost by a bailiff or other official authorized to execute it).

The procedure for obtaining a court order for the collection of alimony

Following the general requirements of the rules of civil jurisdiction, the collection of alimony on the basis of a court order to the initiating person makes sense only if the defendant as a whole is not inclined to evade payment of alimony, but still expects legislative fixation of these payments. When the issue of paying alimony is controversial, most lawyers advise filing a claim (read the link for how to collect child support).

What powers does a court order for alimony have? Essentially, this is a decision that is made to resolve child support disputes without litigation at the civil level. In order for the order to be issued, the mother (the person with whom the dependent is staying) must apply to the Magistrates' Court to obtain justice. An order document can only be issued by an authorized representative of the judiciary - a magistrate.

In general terms, the procedure for considering a case and issuing a court order for the collection of alimony based on the filing of an application, after which the party receives a court order, will look something like this:

the completed application form for the issuance of a court order for the collection of alimony is submitted to the magistrate, whose decision determines the satisfaction or rejection of the issuance of a court document regarding the open issue of the alimony request.
If the answer is positive, within a five-day period from the date of registration of the application, the executor of the court order is individually provided with a copy of it, which has the force of a writ of execution.

THE LAWYER EXPLAINS: the presence of a marital relationship, the absence of an application and a court decision on divorce is not an obstacle to issuing an order. A court order for the collection of alimony during marriage is possible.

Contents of a court order for the collection of alimony

The document in question is a resolution that is issued at the request of a person who has the right to receive a certain amount of money from a certain person. The order must contain the following information.

passport details of the debtor and the claimant;
places of work and residence of both persons;
amount of payments;
deadlines for collecting alimony payments;
the amount of duty that must be paid to the state.

The issuance of a court order for the collection of alimony occurs after checking all the data and sending a copy of the procedural document to the Debtor for the possibility of a timely appeal on his part. Only after this comes the stage of execution of the court order for the collection of alimony.

How to correctly write an application for a duplicate of a court order

An application for re-issuance of a court order is drawn up in accordance with all the rules and regulations established regarding the formation of official documents.

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The applicant should indicate:

name of the authority to which the application is submitted;
applicant details;
a statement of the essence of the request for re-issuance of the decision;
details of the document, a duplicate of which is requested by the applicant;
reasons for the loss of the resolution;
references to legislative acts giving the applicant the right to re-receive the order;
a list of attached materials indicating the reason for the loss of the judge’s decision;
date of application;
applicant's signature.

The petition can be completed by hand or typed on a computer.

If the loss occurred due to the fault of an official

What to do if it is not the fault of the alimony payer? Not only the alimony payer may be to blame for the fact that the paper assigning deductions in favor of a minor is lost or has become unusable and requires its replacement. The fault may also lie with the official who was responsible for its storage.

In this case, the culprit will be brought to administrative responsibility in the form of a fine in the amount of 2 to 5 thousand rubles. It is the sanction for a lost document that is the reason that bailiffs, accountants or other persons responsible for storage refuse to issue a certificate of loss. This makes it much more difficult to obtain a duplicate.

What to do if the culprit does not issue a certificate of loss? If an official is to blame for the loss or damage, and there is evidence of this, then the alimony payer, when writing and submitting an application, is exempt from paying the fee.