Reversing the execution of a court order: what is it and how to do it?

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Author of the article: Konstantin Milantiev

Last revised October 11, 2021

Reading time 10 minutes

Sometimes citizens find out that money has been collected from them by court order only from an SMS message from the bank about the amount being written off. Why is this happening? The fact is that in the writ procedure the judge does not hold meetings - he simply reviews the documents and makes a decision in just 5 days. Such a simplified penalty can be appealed. To return the money after cancellation, the defendant asks for a rotation of the court order.

The essence of the court order

A court order is a decision made by a single judge to recover money or to reclaim movable property at the request of the plaintiff. The cost of debt is up to five hundred thousand rubles.

The procedure is very simple.

The creditor submits an application for an order and evidence confirming the existence of the debt, and the court issues a certificate of satisfaction. Writ proceedings take place without summoning the parties, and strict procedural requirements are not imposed on the application. Banks, microcredit organizations, housing and communal services organizations and other creditors prefer this prompt way of debt collection rather than lengthy litigation proceedings.

A writ of execution is not needed in this case. A court order is a writ of execution that is sent to the bailiffs to initiate proceedings.

The debtor can file objections to the court order, but to do this he has only 10 days from the date when a copy of the order arrived by mail. If a person does not receive mail, he will learn about the court decision after the fact - when the order has entered into force. A record of the debt will appear on State Services, and the money will be written off from the card by order of the bailiff.

It happens that a citizen agrees with his duty. Then there is no need to appeal anything.

If the defendant is not satisfied with this state of affairs, he can challenge the collection and ask for a reversal of the court order in order to return the illegally collected money and remove the restrictions.

Filing an application to reverse a court order

Currently, court offices are not open for reception and applications must be submitted by mail.

Is it necessary to send a copy of the application to reverse the court order to the recoverer - the bank, etc.!?

The issue of sending a copy of the application and attachment to the claimant is not directly regulated by law. If you want to be 100% sure, send a copy to the claimant, according to the new rules of Art. 132 Code of Civil Procedure of the Russian Federation. Although, in practice, the judges have not yet left the case without movement, citing the need to send the claimant a copy of the application and the documents attached to it. In the application form below in the appendix, if you will send copies of documents to the recoverer (Bank), please indicate in addition the receipt of the letter and a description of the contents in the envelope.

Canceling an order

The reversal of the court order is carried out after the cancellation of the decision on collection.

Objection to a court order - 16.7 KB

For instructions on how to submit objections to cancel an act, read here.

Article 128 of the Code of Civil Procedure of the Russian Federation obliges a copy of the order to be sent to the debtor within five days. But it happens that for a number of reasons (poor postal service, change of place of residence, damage to the mailbox, etc.) the document does not reach the addressee. The law gives only ten days to appeal the act.

If the defendant did not receive the mail, he missed the ten-day deadline and the order became effective. Then the citizen will learn about the act issued when his money is written off, his property is seized, or he is prohibited from traveling abroad.

What to do if the defendant did not find out about the court in a timely manner and missed the procedural deadline for appeal?

An order that has entered into legal force can be appealed, even when it has actually been executed. To do this, objections to the order and a petition to restore the missed deadline are submitted to the judge who issued the order.

Sample petition to restore the deadline for filing objections to cancel a court order - 14 KB

You can restore the missed deadline by indicating a valid reason for not receiving the document and providing supporting materials.

The Plenum of the Supreme Court in paragraph 30 indicates that a citizen, legal entity or individual entrepreneur is responsible for their failure to receive a copy of the court order for an unexcused reason.

To justify missing a procedural deadline, provide evidence of the physical impossibility of obtaining a copy of the act on time:

• copies of travel documents;
• certificate of being on sick leave in a hospital;
• incorrectly filled in debtor's address;
• changing of the living place;
• act on the absence of a mailbox or its damage.

Due to the epidemiological situation, a precedent arose when the debtor was unable to obtain a decision due to being in quarantine, and the court agrees with these arguments.

The documents are submitted to the magistrate court that issued the order. You can find out the document number and the judge at the bank through which the money was written off, or at the bailiff service.

A simple option: look at the order number on the website in the FSSP database and call the court to find out the details. You can obtain a copy of the act by writing a petition for its issuance.

The debtor submits an objection to the court order. In objections it is not necessary to explain the reasons or prove the unlawfulness of the collection. It is enough to express your objection and ask to cancel the contested act - in civil proceedings, in accordance with Article 129 of the Code of Civil Procedure of the Russian Federation, such grounds are enough for the court.

Advantages of canceling a court order for the debtor:

• You can return written-off funds;
• Prohibitions and restrictive measures on property are lifted;
• The issue of debt collection will be resolved through litigation, which will provide an opportunity to participate in meetings and challenge the fact of the debt, its amount, fines and penalties imposed;
• If the limitation period is missed, debt collection becomes impossible.

How to cancel a court order on a loanRelated article

You can receive a ruling to cancel the contested act either in person at the office or by mail to the debtor’s address.

If, according to the order, the bailiff is conducting enforcement proceedings, then to terminate it it is necessary to contact the FSSP with a statement, to which attach a certified copy of the judge’s ruling to cancel the previously issued court order. In the case of credit debt, a copy of the determination should be provided to the executing bank with an application to terminate collection.

How to achieve a solution rotation

A court ruling to cancel a court order does not automatically return the money written off. If the bailiff has already transferred the money to the collector, a reversal of the execution of the judicial act is necessary. Such a legal procedure is possible after the order is canceled and before the creditor files a statement of claim, otherwise the court hearing will be held as usual.

Sample application to reverse the execution of a court order (if the money has already been collected) - 13.3 KB

Application to reverse a court decision

The debtor, having in hand a ruling to cancel the court order, must file an application to the court addressed to the same judge to reverse the court order. In it you can ask to issue a writ of execution. The applicant will need to attach a number of documents:

• A court ruling to cancel a court order with a court seal and a note on entry into force;
• A document confirming the fact of collection and the amount of the amount written off.
  This could be an account statement from a bank, but you should take it not from an online application, but from the bank employee himself, who will certify the document with a living seal. If write-offs were made from wages, then at work you can get a certificate of withholding of money. When seizing property, the supporting document will be the order of the bailiff.
• Resolution of the bailiff on the completion of enforcement proceedings;
• Bank details of your account where to transfer the collected amount.

Important: you must send the lender a copy of the application with an attachment. Documents are sent by registered mail; a delivery receipt is needed for the court. Filing an application to reverse a court decision when canceling a court order is not subject to state duty. The issue will be considered in accordance with Art. 444 Code of Civil Procedure of the Russian Federation.

How to submit an application to bailiffs through government servicesRelated article

The court will consider the application and issue a ruling on the rotation, which comes into force after 15 days. According to the court document that has entered into legal force, a writ of execution will be issued to receive money. Now the original creditor will become your debtor. You can get the sheet in your hands, then:

• independently submit it to the bailiff department at the place of registration of the claimant;
• or submit it to the bank where the debtor (former creditor) has a current account. If a bank, microfinance organization, collectors or housing and communal services company illegally collected money by order, it is not difficult to find out their place of registration and bank account details - they are listed on the website.
• If the operative part of the decision to reverse states that the court itself sends the writ of execution to the bailiff service, then there is no need to worry - the document will be sent and the money will be returned, or the seizure of the property will be cancelled.

Cancellation of the reversal of a court order is possible on appeal if one of the parties disagrees with the decision made.

How to write correctly

The Code of Civil Procedure of the Russian Federation does not indicate what requirements the application must meet or what details are included in it. In practice, the same form is used as for a claim.

What to include in the application:

• name of the court, details of the defendant (debtor) with address and telephone number in the header. It is not necessary to indicate the plaintiff’s details;
• case number;
• Title of the document;
• in the descriptive part, list the circumstances of the case, indicate the reversal of the decision with details of all judicial acts. It is also necessary to indicate complete or partial execution;
• a request to reverse the execution and return the collected or transferred property;
• list of attachments (judicial acts, copies of evidence of collection or voluntary transfer of funds or other property);
• date and signature. These are mandatory details; without a handwritten signature, procedural documents are invalid.

A representative has the right to act on behalf of the defendant; then a copy of the power of attorney must be attached. A power of attorney on behalf of a citizen does not have to be notarized; the applicant - an individual has the right to have his signature certified by a management company or a housing cooperative or homeowners' association.

This application is not subject to state duty, since its payment in this case is not provided for in the Tax Code of the Russian Federation. The state fee is paid when filing claims or complaints. The appeal is being considered in court. The applicant and interested parties are notified, but they are not required to appear. It is possible to file a private complaint against the decision to turn within 15 days. When filing, it is necessary to comply with the three-year limitation period from the moment the court decision was cancelled, although this is not expressly stated in the Code of Civil Procedure of the Russian Federation, in practice the limitation period is applied by judges.

The Code provides for several ways to submit procedural documents: by mail (registered mail with notification), through the office with an incoming stamp, through the GAS Justice or My Arbitrator systems online.

Deadlines

Article 443 of the Code of Civil Procedure of the Russian Federation draws attention to the fact that in order to file an application for the turnover of a court order, it is important that there is no litigation in this case.

It is necessary to raise the issue of reversing the court order after its cancellation, but before the creditor files a statement of claim to collect the debt. Otherwise, the issue will be considered within the framework of the lawsuit, and this already entails longer processing times and a strict procedural procedure.

The deadline when you can apply to reverse the execution of the order and return the money is 3 years from the date of cancellation of the order.

Do you need to demand a turn yourself or will the court automatically do it?

According to the law, when a case is reconsidered after the decision is overturned, the judge is obliged to decide the issue of reversal independently. Two options are acceptable: either the judge includes a clause on the reversal of the canceled decision directly in the text of the new decision, or makes a separate ruling on the reversal. If the reversal of an already executed decision was achieved only in a higher court, the issue of reversal will be resolved by the court of appeal, cassation or supervisory authority that canceled the decision. However, these courts have the power to refer the issue of turning to the first instance.

If for some reason the judge himself did not make a turn in the execution or transferred the issue to the 1st instance, the debtor may demand a turn himself.

Grounds: part 2 of article 444 and part 2 of article 445 of the Code of Civil Procedure of the Russian Federation

When they refuse to turn the execution

Analyzing judicial practice, we can conclude that applications to reverse the execution of a court order by a magistrate are satisfied in most cases. Refusals are associated primarily with citizens’ incorrect appeal to court, for example:

• There is no copy of the decision to cancel the order;
• There are no documents confirming the fact of writing off money/seizure;
• Inappropriate certificates and statements have been attached (for example, an uncertified statement from an online bank);
• The claimant nevertheless filed a statement of claim.

Before submitting your application, you should once again ensure that it is complete and there is sufficient evidence.

Sample

Consequences of reversing the execution of an order

If the court satisfies the application, the written-off amount is returned to the citizen or the seizure of the property is lifted. Within 3 days, the bank returns the funds, and the execution of the court order can be considered completed.

But the cancellation of the court order and its reversal does not mean that the debt has disappeared. This is a temporary reverse measure, but in the future the plaintiff has the right to file a claim for debt collection.

The time gained will be enough to deal with the obligations:

• Pay off the debt in whole or in part,
• Restructure debt
• File for bankruptcy.

Beware, scammers!

Many citizens have already become victims of a new fraudulent scheme, the essence of which is as follows. The criminals made copies of bank loan documents and sent an application to the court with false evidence to collect the debt.

A court order to collect funds from the account of unsuspecting citizens. The victims learned about what had happened only after certain amounts disappeared from their cards.

Fraudsters are betting that citizens will find out about the court order too late and will not be able to restore the deadline for appealing it. But, if a person finds himself in such a situation, he cannot leave everything as is and give his savings to criminals. It is possible to solve this problem and return the money written off by the bailiffs in the following way:

• Reinstatement of the deadline for appealing a judicial act;
• Cancellation of a court order;
• Reporting to the police regarding fraudulent activities.

Read more about what to do if fraudsters have issued a loan for you, or ask for help - our lawyers will help you cancel the loans for free.

What solutions can be used to rotate the execution?

In fact, the reversal of execution can be applied to any canceled judicial act, both in full and in part. For example, execution can be reversed by a court decision in absentia, by a court order (collection of a loan, debt for utility bills), by a court ruling (collection of a state duty). A rotation of execution is applicable if the claim is partially satisfied or the court reduces the amount of the originally stated claim. In this case, it is possible to reverse the court decision regarding the overpaid amount (unjust enrichment).

However, there are cases in which execution rotation cannot be applied. In accordance with Art. 445 of the Code of Civil Procedure of the Russian Federation, which includes:

• Collection of alimony debt.
  Even if the appellate court overturns the initial decision, a reversal of execution is possible only if the defendant proves that the collection of alimony was based on forged documents, or the plaintiff provided false information on the basis of which the court decision was made.
• Recovery in labor disputes
  (lost earnings in claims for reinstatement at work) is a similar situation. Such decisions have immediate execution, so even if the court decision is subsequently overturned and the employee’s dismissal is recognized as legal, the money paid under the court decision cannot be returned, unless it can be proven that the employee provided false information or forged documents in court.
• Remuneration for the use of exclusive (copyright) rights
  , paid alimony or compensation for damage to health due to the loss of a breadwinner
  - reversal of execution in such disputes is also impossible.