How to cancel a court order? And what to do if the deadline is missed?

Imagine the situation: you come home, open your mailbox, and there is a letter from the court. Yes, not just a letter, but a copy of the court order for debt collection. Which in itself is a sufficient reason to panic, especially if you are not very knowledgeable in law. Then the question inevitably arises: what to do?

And really, what should a citizen do when faced with a similar situation? Is it possible and how can I legally challenge a court order? In what cases is it issued? Why is this method of debt collection so popular among management companies? And most importantly: what to do if the deadline for filing an objection is missed?

Let's try to figure it out. But first, let’s define the very concept of a court order.

What is a court order

The procedure for issuing court orders differs significantly from claim proceedings. The applicant does not have to wait for the court to schedule hearings, consider the case, and make a decision. According to Art. 121 of the Code of Civil Procedure of the Russian Federation, the order is a resolution of the magistrate, which is issued according to the following rules:

• To issue an order, an application is submitted to the magistrate's court;
• the judge issues an order individually, without holding meetings or calling the parties;
• an order can be issued only according to the requirements expressly specified in Art. Art. 121-122 Code of Civil Procedure of the Russian Federation;
• the order comes into force after 10 days, unless objections and an application for its cancellation are received from the debtor.

The simplified procedure for issuing an order is related to the nature of the requirements, which the applicant must confirm. The subject of the application can only be an undisputed debt or a claim based on law, transaction or agreement.

Let us highlight the most common categories of cases for which a court order can be issued:

• collection of child support, since the obligation to support children is expressly specified in the RF IC;
• recovery of earnings at the place of work, vacation pay, severance pay and other payments from the employer;
• collection of debt under a transaction or agreement, including with notarization (debts under loan agreements fall under this category);
• collection of debts for payment for housing and communal services, telephone communications;
• reclaiming property from the debtor, if this demand is indisputable and supported by documents.

If the subject of collection is periodic payments, the size of the debt is not important. However, in Art. 121 of the Code of Civil Procedure of the Russian Federation provides for an important limitation - an order can be issued if the amount of monetary and property claims does not exceed 500 thousand rubles. For example, if the loan debt exceeds this amount, the bank will have to file a claim.

Why creditors prefer a court order when collecting a debt rather than a court order

Banks, microfinance organizations, management companies and other organizations prefer a court order to collect debt for several reasons:

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1. A court decision requires a statement of claim, several court hearings and payment of state fees. Sometimes this takes months. The court order requires only a few days.
2. Writ proceedings do not require long court hearings and a large evidence base. A request for debt collection and supporting documents is sufficient.
3. Sometimes creditors or housing and communal organizations take advantage of the simplicity of this process and can deliberately inflate the amount of debt or impose fines and penalties on it.

When is a court order issued?

Such an order is issued within five days after the relevant petition to the court. If the debtor does not receive a request for cancellation within ten days after receipt, then the order comes into force. The court or the applicant may send it to the bank where the debtor is a client, or to the bailiff.

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How can canceling a court order help?

Cancellation of a court order does not cancel the very fact of the existence of a debt. The debtor is given the opportunity to defend his rights through litigation. The debtor has time to prepare for the trial in order to prove the unfoundedness of the creditor's claims.

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How to write an application to cancel a court order

There are no clear requirements for such statements. However, you must indicate:

• information about the court and judge who issued the order;
• applicant details;
• disagreement with a court order;
• motivated or unmotivated request to cancel the order;
• date and signature.

Be sure to proofread the document several times for grammatical and factual errors, as well as typos. If they are present in the document, the court may reject your petition from consideration.

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When a court order is canceled

The petition for cancellation is considered by the court within three days from the date of its receipt. Ten days are given to challenge the court order from the date of issue of this document. If you have not received the order, it is likely that you missed the deadline. You may not receive a court order for a variety of reasons: from a mistake in your address on the envelope to knowingly false information about you that the creditor submitted to the court. In this case, you can file an unmotivated petition with the court to cancel the current order. In addition, in your application you can indicate that you did not receive a court order and indicate the reason for this. For example, your address is incorrectly indicated on the envelope or you changed your place of residence a long time ago. The period for such a request is limited by the standard statute of limitations of three years. This period begins from the moment the court order is issued.

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If you missed the deadline for other reasons, for example, illness or death of a loved one, it is enough to attach the relevant documents to your request. To restore the deadline for filing a petition, you must first submit a corresponding petition. In this case, the objection itself must be filed within ten days from the date of termination of the relevant circumstances.

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How to cancel a court order if enforcement proceedings have already been initiated

A cassation appeal against such an order is filed within six months from the date the order enters into force. The reasons for an appeal may be the same as for a petition to set aside a court order.

If the debtor has no objections to the contents of the order, but he does not have the opportunity to repay the debt at this moment, he can ask the court to suspend execution or installment payments. In this case, you must attach evidence of your difficult financial situation to the application. However, such an opportunity is a right rather than an obligation of the court.

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Cancellation procedure

The judge must issue an order no later than 5 days after receiving the application. This does not mean that the debtor is deprived of all rights to file objections and complaints. The judge is obliged to send a copy of the order to the debtor, after which the following consequences occur:

• the period for filing objections begins to run only from the moment the debtor receives the order;
• no more than 10 days are given to file objections after receipt of the document;
• if the debtor filed objections, the order will be canceled, and the claimant will have to file a claim according to the general rules;
• if no objections are received, the applicant is issued an order stamped and signed by the court.

Having received the order, the claimant will be able to send it to the debtor’s place of work, to the bank for debiting from the account, or to the FSSP to initiate enforcement proceedings.

If the debtor permanently resides at a permanent address and receives notice of the order on time, he will have enough time to file objections. If the debtor does not agree with the claimant’s demands, he needs to:

• put objections in writing;
• submit the document to the court office, or send it by mail (the date of the incoming number and the postmark will determine compliance with the 10-day cancellation period);
• make sure the order has been cancelled.

If objections are received, a court hearing is also not scheduled or held. The parties will be notified by the court that the order is vacated or the objections are rejected.

However, if the debtor, for good reason, was not notified of the order, the situation becomes more complicated:

• the judge will issue the order as soon as 10 days have expired, even if there is no evidence of service of the notice to the debtor;
• Having received the order, the claimant can immediately submit it to the bailiffs to initiate proceedings, at the place of work or to the bank;
• the bank or employer can immediately begin write-offs, and the bailiff will begin enforcement actions after 5 days for voluntary execution.

Thus, without information about the order, the debtor may face seized accounts and blocked cards, write-off of alimony or funds for other debts. In this case, the right to cancel the order is also retained, but the debtor must prove when he became aware of the fact that the document was issued. We will describe below the procedure for canceling an order if the deadline is missed.

Is it necessary to justify objections when canceling a court order?

In order for an order to be cancelled, it is not necessary to write a detailed justification. You can simply indicate: you do not agree with the requirements presented. This will be enough for the court to cancel the order.

The order comes into force immediately after its issuance, therefore, if you have not sent an objection and the order is not cancelled, then it will be executed. And you will have to appeal the judicial act that has already entered into force.

Write objections and cancel the order if you are confident in your position, because canceling an order:

• does not require you to justify your objections,
• will delay enforcement,
• will force the creditor to go to court with a claim, which is more expensive and takes more time.

You should not cancel the order just to delay time if you agree with the demands presented, since legal costs for writ proceedings are lower than for claims:

• state duty is twice as low,
• no transport, travel expenses,
• the lender will not charge you the cost of the services of a representative or examination.

Grounds for cancellation

In Art. 129 of the Code of Civil Procedure of the Russian Federation states that if objections are received from the debtor in a timely manner, the judge is obliged to:

• cancel the order by issuing a ruling;
• send the determination to the parties within 3 days;
• notify the claimant that he can present the same demands in a lawsuit.

What arguments and evidence must the debtor present in order to obtain the cancellation of the order? The Code of Civil Procedure of the Russian Federation does not provide a list of grounds on which the court must cancel a previously issued order. In fact, it is enough for the debtor to notify the court of his objections without disclosing the reasons and arguments for such a decision. Even if the received objections do not indicate reasons and grounds at all, the judge will cancel the order.

The claimant will also not be able to appeal the cancellation determination if he is not satisfied with the debtor’s explanations. In this case, a dispute arises between the parties, and it can only be considered in a lawsuit. When filing a claim, the claimant must indicate that he previously filed an application for the order, but the document was canceled. This will allow the debtor to collect the state fee if it had to be paid to issue the order.

Grounds for canceling an order under the Code of Civil Procedure of the Russian Federation

The Code of Civil Procedure of the Russian Federation specifies only two grounds for canceling a court order. The first is filing objections to cancellation. Based on objections received within 10 days, the judge is obliged to cancel the previously issued document. In this case, the essence of the objections on the part of the debtor does not matter.

The second basis is the ruling of the cassation court on the debtor’s complaint. You can file a complaint with the cassation office if the order has already entered into force and the deadline for filing objections cannot be restored. In the cassation court, you can submit objections to the cancellation not only based on the fact of the order, but also on the essence of the claimant’s demands.

Cancellation dates

As stated above, problems with cancellation will not arise if the debtor meets the 10-day deadline for filing objections. However, if a citizen learns about the existence of a document after a long period of time, or even after deductions in enforcement proceedings, he will have to restore the period for cancellation. To do this you need:

• obtain a document confirming the date of delivery of the order, or the moment when the debtor learned of its existence (for example, you can submit a bailiff’s order to initiate proceedings);
• file written objections and an application to restore the deadline for filing them;
• forward the documents to the magistrate who issued the order.

After receiving an application to restore the terms, the judge is obliged to apply Article 12 of the Code of Civil Procedure of the Russian Federation. The application must be considered at a court hearing with notification of the parties. This means that the claimant will be able to present his evidence and arguments. If the debtor proves that he did not know about the order, confirm the date of receipt of the document or information about its availability, the deadline will be restored. The judge is also obliged to assess the validity of the reasons that did not allow the debtor to file objections on time.

After the deadline is restored, the debtor’s objections are satisfied, and the judge issues a ruling to cancel the order. After this, the claimant will be able to file a claim on a general basis.

On what grounds can an order be cancelled?

The law says nothing on this matter. To cancel, it is enough to send objections within 10 days. At the same time, the judge should not be interested in what the essence of the debtor’s claims is or why he does not agree with the demand. The document must indicate a request to cancel the order.

Do I need to confirm the grounds for cancellation?

No, this is not required. But the defendant may, on his own initiative, indicate that he does not agree with the order:

• due to violation of the procedure for issuing it (for example, if the requirements do not fall under writ proceedings);
• due to a missed statute of limitations (in this case, the judge will not check whether the deadline has actually been missed, but you can indicate the same arguments in your response to the claim);
• due to disagreement with the grounds for the debt, the calculation of the amount of collection (the judge will also not check your arguments, since this is not required in the writ process).

If at the time of filing the application the order has already been transferred to the bailiffs, then the debtor may indicate objections regarding execution. At the same time, immediately after the cancellation of the judicial act, you must immediately report this to the FSSP in order to avoid writing off funds and other enforcement actions. If you do not inform the bailiffs about the cancellation in time, you will have to submit a separate application to return the written-off funds.

An application for cancellation of a court order may be filed by the debtor

The deadline for filing an application is 10 days from the date of receipt of a copy of the order. The statement is sufficient to indicate the fact of disagreement with the order. The judge must cancel the order. But the plaintiff still has the right to sue the defendant, and then a full-fledged litigation process will be organized.

Sample application to cancel a court order

The Code of Civil Procedure of the Russian Federation does not contain clear requirements for filing objections to a court order. Based on the general rules of the Code of Civil Procedure, the document must indicate:

• name of the court district where the document is filed;
• information about the debtor and claimant;
• details of the court order to which objections are being filed;
• the essence of the document, i.e. statement by the debtor of disagreement with the order;
• the reasons why the debtor asks to cancel the order (it is not necessary to indicate them, but is not prohibited);
• request to cancel the order;
• date and signature of the applicant, his representative by power of attorney.

There is no need to pay a state fee for filing objections. However, if the claimant brings a claim, he will be able to withhold the fee paid when applying for the order.

Sample claim for cancellation of a court order

Court order and its cancellation

It often happens that people suddenly find out that a court order has been issued against them. This usually happens when, for no apparent reason, money, sometimes quite significant, is debited from a bank card or account. Why does this happen and what to do in this situation?

What is a court order?

The courts are overloaded with cases, and the number of cases increases from year to year. Of these, a fairly significant percentage of cases are “uncontested”. For example, a person has a utility debt, he acknowledges this debt and would pay it off, but there is no money. And, since only bailiffs can forcibly collect such a debt, going to court is an inevitable measure for the creditor. It is for solving such “obvious” cases that a court order exists. The claimant sends an application to the court. The court evaluates the submitted documents for their supposed indisputability and issues a judicial act - a court order, but no court hearing is held. Neither the creditor nor the debtor is summoned to the hearing. After the court order enters into legal force, it becomes an executive document - that is, it can be submitted to a bailiff for execution. Obtaining a writ of execution is not required. The system is certainly reasonable, but it often happens that an application for a court order is filed without any basis! And in this case, the court order must be canceled.

In what cases is a court order issued?

The list of cases for which a court order is issued is contained in Article 122 of the Civil Procedure Code. We list the most common of them:

- claims based on a notarized transaction or a transaction completed in simple written form. This includes cases of collection under a loan agreement, under a receipt, a loan agreement, under a housing rental agreement, under a purchase and sale agreement with deferred payment, etc. — demands for collection of alimony (if there is no dispute about children); — demands for the recovery of accrued but not paid wages to the employee, vacation pay, and severance payments; — demands for collection of debts for housing and utilities, as well as telephone services.

In this case, the amount of claims should not exceed 500,000 rubles.

The procedure for notifying the debtor about the issuance of a court order

After the court issues a court order, it sends it to the debtor. If, from the moment the debtor receives the court order, no objections are received from him, then the court order is considered to have entered into force. But what counts as receiving a court order? This is either the court receiving notice that a letter has been delivered to the debtor, or the return of the envelope indicating that the addressee did not appear for it. That is, according to legal logic, non-receipt is equivalent to receipt!

This is exactly what the Plenum of the Supreme Court of the Russian Federation explained in Resolution No. 62 dated December 27, 2016:

“The beginning of the ten-day period for the debtor to file objections regarding the execution of a court order (Article 128 of the Code of Civil Procedure of the Russian Federation, Part 3 of Article 229.5 of the Arbitration Procedure Code of the Russian Federation) is calculated from the day the debtor receives a copy of the court order on paper or from the date of expiration of the storage period for judicial mail correspondence established by postal organizations communications (for example, FSUE Russian Post has established a seven-day storage period for postal correspondence).

The storage period for postal correspondence is calculated from the date of arrival of the judicial mail at the place of delivery - the post office of the location (residence) of the debtor.

The date of arrival of the judicial postal item at the place of delivery is determined by the stamp of the postal item or by the tracking system for registered postal correspondence on the official website of the Federal State Unitary Enterprise "Russian Post".

The procedure for handling correspondence of the “judicial” category is determined by Order of the Federal State Unitary Enterprise “Russian Post” dated December 5, 2014 No. 423-p. According to this document, a notice of postal correspondence is handed to the addressee. And only if the recipient is not at home, it is placed in the mailbox. If within three days from the date of the initial notification the recipient does not appear for correspondence, then a second notification is sent to him.

Do employees of the Federal State Unitary Enterprise “Russian Post” comply with the requirements of the order? Doubtful. How often have you seen the postman on your doorstep? I think not even once.

As a result, the letter arrived, say, on the 21st. The first and only notice was delivered on the 23rd, dropped into the mailbox, where it was lost among the advertising waste paper, and on the 28th it was sent back to court. In ten days, counting from the 29th, the court order will come into force!

Procedure for canceling a court order

If the ten-day period is not missed, it is very simple to cancel the court order. To do this, a simple application to the court is enough - no arguments are required. However, if the court order has entered into force, then to cancel it it is necessary to submit two applications:

— on restoring the deadline for canceling the court order; - on the cancellation of the court order. It is also possible to combine these two requirements in one document.

What must be indicated in an application for restoration of the period for canceling a court order?

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The answer to this question is also given by the Plenum of the Supreme Court of the Russian Federation in Resolution No. 62 dated December 27, 2016:

“The debtor’s objections sent outside the established period must be accompanied by documents confirming the impossibility of submitting objections within the established period for reasons beyond the control of the debtor.

Such evidence may include documents refuting information from the official website of the Federal State Unitary Enterprise "Russian Post", which was accepted by a magistrate or arbitration court as evidence that the debtor can be considered to have received a copy of the court order; documents confirming the debtor’s failure to receive a copy of the court order in connection with violation of the rules for the delivery of postal correspondence; documents confirming that the debtor-citizen has not received a copy of the court order due to his absence from his place of residence, including due to illness, being on a business trip, vacation, in connection with moving to another place of residence, etc.”

Since the requirements of the Order dated December 5, 2014 are fulfilled properly by employees of the Federal State Unitary Enterprise "Russian Post", based on practice, it is extremely rare that in the event of failure to receive a notice of judicial correspondence, it would be logical to indicate this in the application.

Example: “Contrary to the requirements of the Order, employees of the Federal State Unitary Enterprise “Russian Post” did not fulfill their official duties - neither the primary nor the secondary notice of judicial correspondence received by Ivanov I.I. was delivered, and therefore a court order was issued he did not know. There is no evidence to refute this fact in the case materials, which gives rise to an irremovable doubt, which must be taken into account by the court and interpreted in favor of the Applicant. Cancellation of the court order is necessary to protect the rights and legitimate interests of Ivanov I.I. from the claims of the claimant."

Consequences of canceling a court order

After the court order has been cancelled, the claimant can only appeal to the debtor through a claim proceeding. If a court order has been presented for execution and any sums of money have been withheld from the debtor, then it is necessary to resort to a special judicial procedure called “reversal of the judgment.” If the canceled court order was submitted by the claimant to the bailiff service and enforcement proceedings were initiated, then in this case it is necessary to file an application to terminate the enforcement proceedings, attaching a ruling to cancel the court order. By terminating enforcement proceedings, the bailiff will also cancel all enforcement measures assigned to him, including seizure of property.

Arbitrage practice

Applications to cancel a court order can be submitted by the debtor not only in case of actual objections to the requirements, but also to delay the process. It can take up to 2 months to file and consider a claim, and the court decision came into force only after 30 days. All this time, the debtor will not be subject to demands or claims from the collector or bailiff.

The most common cases of cancellation of court orders include:

• the debtor’s disagreement with the calculation of debt and penalties for an overdue loan (for example, in a lawsuit, the penalty can be significantly reduced if it is disproportionate to the principal debt);
• disagreement with the calculation of housing and communal services (for example, if the receipts did not take into account periods in which utilities were not actually provided);
• disagreement with the calculation of taxes, fines and penalties;
• objections regarding the amount of alimony declared by the claimant.

The debtor may present arguments and evidence on the listed grounds simultaneously with the application to cancel the order. However, the magistrate will not consider them on their merits. Therefore, the debtor will have to defend his interests in the lawsuit.

What happens after the court order is lifted?

If the order is cancelled, the claimant may apply to the court with a statement of claim or an application to appeal against non-normative acts of the authorities.

Therefore, always file an objection to the order if you do not agree with the creditor's demands.

In claims proceedings, as well as in court proceedings when appealing against non-normative acts, you will be able to attract a qualified lawyer, protect your interests, send feedback, and provide evidence of your position.

Consequences

If the order is canceled due to objections received within 10 days, it will not actually enter into force. Therefore, there will not be any significant consequences for the parties in this case. The claimant will be able to file a claim, and the debtor will present his response in the trial.

If an order that has already entered into force and issued to the claimant is cancelled, the following consequences occur:

• all enforcement measures and restrictions imposed by bailiffs or other authorities are subject to cancellation;
• the arrest of accounts and cards is lifted;
• the employer stops deducting wages;
• the debtor will be able to apply for the return of funds withheld under the canceled order.

According to Art. 43 of Law No. 229-FZ, the bailiff is obliged to terminate the proceedings if the executive document was canceled, i.e. court order. At the same time, seizures of property and accounts, restrictions on travel outside the Russian Federation and on the right to drive transport will be lifted. If the claimant subsequently submits a writ of execution, the proceedings will be initiated anew.

The debtor can also apply for the return of funds actually withheld under the canceled order. The money will be returned to the FSSP deposit within 30 days according to the details specified in the application.

After the order is cancelled, the claimant may file a claim in court. To do this, you need to take into account the limitation periods provided for by the Civil Code of the Russian Federation. For the period from the filing of an application for the issuance of an order and its cancellation, the statute of limitations is suspended. If a dispute arises about the timing, the claimant must submit an initial application with the date of registration in the magistrate's court.

After canceling the order, the debtor can submit it to the FSSP unit where the proceedings are being conducted. The bailiff is obliged to stop the proceedings within 3 days, and also:

• revoke documents for retention from the debtor’s place of work;
• cancel the seizure of bank accounts and property;
• cancel the search for the debtor and his property;
• remove restrictions on travel and the right to drive transport.

A copy of the decision to terminate the proceedings will be sent to the claimant and the debtor.

What to do if the time frame allotted for challenging is missed?

If the 10 days allotted for challenging a court order are missed, a petition is filed with the court to restore the period, with a mandatory indication of a valid reason.

Such reasons may be confirmed by:

— documents confirming the failure to receive a copy of the court order due to violations of the rules for the delivery of postal items;

- documents confirming the failure to receive a copy of the court order due to the debtor’s absence from his place of registration (for example, due to illness or business trip)

- other reasons.

An important nuance: if enforcement proceedings have already been initiated, then after the court order is canceled, the debtor is recommended to immediately notify the bailiffs. This is done by filing an application to terminate enforcement proceedings.

In the absence of a valid reason, the order comes into force, with all the ensuing consequences for the debtor.

However, the order can be appealed within a year.

See the material prepared by lawyer Kirill Bogoyavlensky.

Appeal against refusal to cancel a court order

If the magistrate refuses to cancel the order, an appeal can be filed against the ruling in the district court. The grounds for filing a complaint may be:

• refusal of the magistrate to restore the deadline for filing objections if the debtor provided evidence of valid reasons;
• establishing the fact that a copy of the order was not sent to the debtor, which deprived him of the right to file objections;
• issuance of an unmotivated ruling by a judge.

The complaint must be filed through the magistrate who issued the ruling. The state fee for such complaints is not paid.

In practice, the only reason for refusing to cancel an order is missing the 10-day deadline. The judge may incorrectly evaluate the evidence presented, so during the appeal, the debtor needs to again present his arguments, but in the district court.

If the complaint is upheld, the order will be canceled from the date it was issued. All consequences stated above will apply according to the same rules.

Appealing a ruling to cancel a court order

The claimant may file a complaint against the ruling to cancel the order. In this case, the appeal also goes through the district court. In the text of the complaint, the claimant may indicate that the debtor knew about the order, but did not exercise the right to file objections within 10 days. You can also provide explanations about the invalidity of the reasons for reinstating the deadline.

If the order is canceled and the complaint remains unsatisfied, the claimant can file a statement of claim according to the general rules of the Code of Civil Procedure of the Russian Federation. The claim is filed with a magistrate or district court (depending on the value of the claim and the nature of the claims). The parties will be notified in advance of the place and time of consideration of the claim, and the court can make a decision only after holding meetings, hearing the plaintiff and defendant, and studying the case materials.

After the claim is satisfied, the claimant needs to wait for the decision to come into force and receive a writ of execution. Based on these documents, the bailiff will be able to initiate enforcement proceedings.

Commentary on Article 129 of the Code of Civil Procedure of the Russian Federation. Cancellation of a court order

Article 129 of the Code of Civil Procedure of the Russian Federation contains provisions designed to resolve disputes between the creditor and the debtor.

Regardless of what reasoned arguments the debtor provides when objecting to an order already issued, the judge is obliged to cancel the issued order. This may not require the debtor's objections. To assess the situation when there is a dispute between the debtor and the collector, even unmotivated objections from the debtor will be sufficient. In this case, the dispute between the parties can be resolved only through legal proceedings.

If the order is canceled in accordance with the commented article 129 of the Code of Civil Procedure of the Russian Federation, the plaintiff has the right to file a claim for the return of the debt of the persons who are obligated under the bill. The application is submitted to a court of general jurisdiction or to an arbitration court within its jurisdiction.

If the debtor has any objections, the judge will be required to issue a ruling that will cancel the order he previously issued. The judge is charged with explaining to the claimant his rights to bring claims on a general basis. Copies of the judge’s cancellation of the order must be provided no later than three days from the date of its issuance.

After a copy of the court order is sent to the debtor, the court is obliged to issue a court order to the recoverer or cancel it. The order is canceled in accordance with the requirements and norms of Article 129 of the Code of Civil Procedure of the Russian Federation.

It is impossible to appeal a court order on appeal. There is a special procedure for this; it is a guarantee for the debtor. That is, if the debtor raises objections to the issued order within the appropriate period, the judge will be obliged to cancel it. This happens even when these objections are legally unfounded. The claimant also has the right to file a new statement of claim. The debtor gets the opportunity to somewhat delay the consideration of the dispute, since the plaintiff will again file a claim in court, and the court will again consider the existing dispute.

During cassation, supervisory and appeal proceedings, such a task as checking the issued court order cannot be set. It is issued upon undisputed requirements. Consideration of the correctness of a court order is not carried out within the framework of writ proceedings.

Procedural deadlines are calculated in Articles 107, 108 of the Code of Civil Procedure of the Russian Federation (see comments)

In accordance with Article 129 of the Code of Civil Procedure of the Russian Federation, the court that issued the order will not consider the application of the applicant (creditor) to cancel the order. This is not provided for by law.