Hello dear friends!
Cancellation of a court order is a very important step written into your line of defense. However, many debtors do not fully understand the significance of this step. Many people ask us:
- Should the court order be canceled or not?
- Why do you need to cancel the court order and what will such an action give you?
- What do we gain by canceling the court order and will our efforts be in vain?
Well, let's find out. In this article you will receive answers to these questions, plus we will give you step-by-step instructions for canceling the court order and make an offer to those who did not succeed. Ready? We begin!
Cancellation of a court order
A lot has been said about canceling a court order on the Internet. The debtors first read on one site, then switched to another site. As a result, it seems like the same thing is written, but the debtors begin to get confused.
This is especially evident when, in addition to canceling a court order, it is necessary to resolve a number of other issues, for example, the issue of the bailiff service, seizure of property, and so on...)))) Such confusion is possible only because there is still no correct step-by-step guide from A to I.
In order for us to create such a step-by-step guide, we must first study the theory. And this, in our opinion, is correct, because the debtor must understand and be aware of what he is doing.
Don’t be alarmed, there will be, well... very little theory, then practice and only practice will follow.
The theory of reversal of a court order
A court order can be canceled within 10 days from the moment the debtor receives a copy of the court order. Article 128 of the Code of Civil Procedure of the Russian Federation tells us about the period for canceling a court order, and Article 129 of the Code of Civil Procedure of the Russian Federation tells us about the cancellation itself and its procedural order. You can legally refer to these rules of law when drawing up your documents.
It should be noted that the judge is obliged to cancel the court order if the debtor receives appropriate objections within the prescribed period. What we have?
Firstly, it is the duty of the court to cancel the court order. It doesn’t matter what the debtor’s arguments are, it is important that the debtor disputes the existence of the debt and the court order itself. Therefore, it will be enough to write: “I do not agree with the court order” and this will really be enough to wait for the cancellation!
Secondly, the debtor must submit objections to the cancellation of the court order. Accordingly, in order to cancel the order, you need to file objections to the court order. This is what your document will be called.
Thirdly, you must not miss the deadline. As practice shows, if more than 10 days have passed since the receipt of the order, the period is no longer restored. We must remember and know this, like our father. In general, in our work, deadlines sometimes play a key role, so the main requirement for anyone who participates in courts is to pay attention to deadlines.
Fourthly, you must definitely restore the deadline if the court order has taken legal effect, even if another 10 days have not passed since receipt.
It was easier before. The moment of receipt was recorded either by Russian post or by the signature of the debtor himself when received on purpose. And from that moment the term began to count.
Currently, little has changed in practice. In theory, everything remained as it was before, but in practice they began to act in such a way that if the court order entered into legal force, then a petition to restore the term must also be submitted.
Well, everything seems to be in theory. We strongly recommend that you remember and learn these basic aspects of lifting a restraining order.
If the deadline for filing objections has been missed
If 10 days have passed , the court will return the objections. A copy of the order is sent to the debtor by registered mail with notification. If a notice of service of the letter is returned to the court, then it is considered that the debtor has received the order.
The court may accept objections received outside the deadline, but subject to the following conditions:
- the reasons for violating the deadline do not depend on the debtor,
- the reasons appeared during the ten-day period,
- the debtor sent objections within ten days from the moment when the circumstances preventing the timely sending of objections ceased.
Therefore, if you send your objections later, be sure to indicate why you could not send your objections on time and attach the relevant documents (for example, an individual entrepreneur being in a hospital for long-term treatment, on a business trip or vacation, failure to receive a copy of the order due to unlawful actions of the post office)
For example, the Arbitration Court of the North Caucasus District, in its Resolution dated July 4, 2021 in case A20-1957/2017, upheld the ruling of the arbitration court of the first instance and the decision of the appellate court to refuse to restore the missed deadline for filing objections.
A copy of the order was returned to the court, since the individual entrepreneur did not reside at the legal address, and did not make changes to the ERGIP. The debtor tried to prove that he was being treated at the hospital, but according to the documents, he was discharged before the court order was issued.
How to cancel a court order Step by step instructions
How to cancel a court order?
Everything is simple here: we invite you to follow this path yourself, from the very beginning to its very end. Read and apply point by point what is written in this manual. Do not move on to the next step until you have completed the previous one.
If you can do it, well done. If not, then at the end of the article you will see a sentence where we will offer you to cancel the court order on a turnkey basis. Ready? Then read:
Step one
The first step is to get a court order in hand.
It is important to understand that in this instruction we will not cover all the details of each step. Otherwise, you will be tired of reading, and we will be preparing this article for publication.
However, indicating what you need to do first or as a second step is necessary so that you do not go astray and follow the right course.
So, the first step is to receive a court order in hand. This can be done by Russian Post, when you see a postal notification in your mailbox and upon receipt, sign for it. Or this can be done at the courthouse at your place of residence. Or there is still the opportunity to obtain a court order from the bailiff service if you learned about the existence of a court order from them.
Choose which method you like and go get a court order.
IMPORTANT: after receiving the court order, you should have a mark on your hands indicating when you received the court order in your hands. Otherwise, you will not be able to prove the opposite if the court order has already entered into legal force.
Step two
The second step is preparing the documents.
You and I already know from theoretical material that in order to cancel a court order it is necessary to draw up objections to the court order. This is the document we are drawing up.
All documents must be attached to it, namely the court order itself, copies of documents that confirm the date when you received the court order. Of course, this must be written in the objections themselves.
If the court order has entered into legal force and bailiffs are already working on it, then without fail, among other things, it is necessary to draw up a corresponding petition to restore the deadline. Accordingly, attach evidence that the deadline was missed through no fault of yours.
Step three
After we have prepared the documents, you must present them. The third step is dedicated to this issue.
You go to the court that issued the court order and...))) Present it. You can send it by Russian Post to the address of the court station.
IMPORTANT: after filing objections to the court order, you should have a mark on your hands indicating when you presented the entire package of documents.
Step four
The fourth step is to receive the cancellation of the court order in hand.
At this stage, you again go to the courthouse and pick up a ruling to cancel the court order. Typically, a court order is canceled within 5 days from the receipt of objections to the court order.
Those. After 5 days, you can safely call the court district and find out whether the order for your case is ready. If you’re ready, go and get it, if not, then you’ll find out when it’s ready.
Many debtors breathe easy at this and think that the problem is solved.
Whatever the case. Yes, the court order has been cancelled. You have in your hands the appropriate ruling to cancel the court order. BUT!!!! You forget about the bailiff service. Unfortunately for us and fortunately for the creditor, no one notifies the bailiffs about the cancellation of the court order.
Therefore, they can still work under a vacated court order. Since this is in our interests, it means we also have to notify.
Fifth step
Therefore, the fifth step appears - closing the individual entrepreneur.
If you already have bailiffs working under a court order, you need to present a copy of the ruling on the cancellation of the court order to the bailiff service. And they will then issue a resolution to close the enforcement proceedings.
IMPORTANT: After such presentation, you should have a mark on your hands indicating when you presented it and what exactly you presented. Believe me, this way it will be faster to find the end and the culprits.
If you do not have bailiffs working for you yet, then it is also possible that after a while they will come to your home. In this case, you must make a copy of the determination and, most importantly, do not lose it before the bailiffs arrive.
If you suddenly lost it, then a copy of such a ruling can be restored at the courthouse, but this procedure is not instantaneous and requires a certain time period. You understand that when the bailiffs come and are standing on the doorstep, you don’t have time to request a copy of the ruling at the courthouse.
Well, that's all now. We went through the steps and now you know how to cancel a court order? Just one question: is it difficult or not, what do you think? Please write your answer in the comments to this article.
How does a court hearing take place at which a court order is issued?
Sometimes the worst dream of a loan debtor comes true. Having fully prepared for the court hearing, he finds out that it took place without him, and there is already a court order, which is an executive document and underlies the work of the bailiff. The debtor immediately asks why the court hearing took place without his participation. However, in this case, everything is legal, because in the judicial system there is the concept of a meeting in absentia . And the credit debtor, it would seem, has no choice but to make payments in accordance with the court decision, until the total amount of the debt has increased significantly.
But the borrower should not despair ahead of time. In fact, bank employees are not as omnipotent as they try to seem. And even a court decision made in favor of the bank can be fought. The most important thing in this matter is to know the legal methods of resistance and act thoughtfully.
A meeting in absentia takes place when it is believed that there is no subject for the court to consider, and the circumstances of the case are already clear. The main documents that constitute a claim in court are the loan agreement. However, the bank can convince the court that only this document can be an argument for a court decision. It is for this reason that the loan debtor, who is indicated in the agreement as the second party, is not invited to the court hearing at all. And the court order is concluded without the two parties giving their word and solely on the basis of the provided papers and documents.
This combination of circumstances is very beneficial for the bank. He insists that the subject of the dispute does not exist, that the loan borrower fully agrees with the terms of the agreement and at the same time refuses to repay the debt. And therefore, the bank requires the court to immediately consider the case and issue a court order, which is later presented to the bailiff for execution. Ultimately, the bank wins, having saved not only its time, but also money, bypassing state duties.
When financial institutions take legal action, borrowers have many benefits. So, for example, during the consideration of the case, the borrower has the opportunity to independently study all the bank arguments, request copies of the bank documents on which the creditor went to court, collect his objections and weighty arguments. In addition, the debtor, as a defendant, will be required to receive summonses from the court, which means that he will be able to personally attend each court hearing, where he will be able to make a motion to reduce the amount of fines and penalties, file a counterclaim against the bank for the return of previously paid commissions, insurance.
What to do after the court order is canceled?
A frequent and very good question that will perfectly complement our instructions on the issue of canceling a court order.
So, after canceling the court order, the court explains to the creditor the right to go to court in the manner of claim proceedings. Those. the creditor can write a claim and go to court with it. And there will be a full court hearing.
We need to start preparing for such a full-fledged court hearing.
Namely, you need to determine:
- How the Bank violates your rights;
- What clause of the contract provides for this violation;
- Legally justify why you think so;
- What actions do you need to take in order to recognize the identified violation as a violation;
- What will happen if the court finds your arguments convincing: how the identified violation will affect the amount of debt;
- How much do you owe and for what period
- Is the statute of limitations on the loan applicable in your situation?
- And many other questions
As you can see for yourself, you must find a fulcrum from which you will push off. You should know everything and more about your contract. Only then will you begin to understand what you need to do and why you are doing it.
In general, now we are talking about the fact that you need to conduct a legal research of documents. And after it is carried out, you need to have time to take a number of actions before the trial to strengthen your position in court.
Therefore, you should not waste time doing it yourself - order the service from us - just click on the picture and you will be taken to the required order page:
Our proposal to cancel the court order
So, our proposal is for those who couldn’t cope with the step-by-step instructions themselves.
Some people don’t have time, others don’t know how to write documents. There are such people; it is easier for them to simply pay knowledgeable people than to do something themselves, without knowing whether he is doing the right thing or not.
This is our offer for such people:
We can cancel your court order, turnkey. At the same time, it makes no difference to us whether you have a court order for a loan or a court order for taxes or alimony. Any court order using the technology described above can be canceled.
And we will cancel it. With a guarantee of results. If there is no result and the order is not cancelled, we return the entire amount back to your pocket. No sooner said than done!
The cost of such a guaranteed service will be only 5,000 rubles.
To order, click the button and watch your court order evaporate into thin air.
You can pay in different ways, follow the system prompts:
When is it impossible to return the written-off money?!
In accordance with Part 3 of Art. 445 of the Code of Civil Procedure of the Russian Federation, in exceptional cases, it is impossible to return the written-off money, since the reversal of the court decision is possible only if the plaintiff provides false information. Collection cases fall into this category:
- alimony;
- on labor disputes;
- remuneration for the use of exclusive (copyright) rights;
- compensation for harm to health;
- compensation for the loss of a breadwinner.
In addition, the reversal of the execution of a court order has its own characteristics related to the provision of the right to the plaintiff, after the order is canceled, to apply to the court on the same grounds with a statement of claim. If such a claim is accepted for proceedings, the court will refuse to reverse the judicial act, therefore, it becomes impossible to return the written off money, even by canceling the court order, until the court makes a decision on the filed claim.
