Application for restoration of the limitation period, sample, form

It will be necessary to prepare an application to restore the statute of limitations if the defendant claims to have missed this period. Time limits for going to court are established for all categories of civil cases: claims for termination of a contract, invalidation of a transaction, compensation for damages in an accident, etc. The general limitation period is 3 years from the moment when it became known about the violation of rights and there were grounds to present certain demands to the defendant. Shortened deadlines for going to court are established for the protection of labor rights, requirements for invalidating a contestable transaction, and some others.

Missing the statute of limitations will result in the plaintiff's claims being denied. This negative consequence can be avoided by filing an application to restore the statute of limitations. But the reasons for missing the deadline must be valid.

Application for restoration of the statute of limitations

How to draw up and submit an application for reinstatement of the statute of limitations

The defendant has the right to refer to the missed statute of limitations when preparing a response to the statement of claim. He can also declare such a basis for refusing a claim during the trial by applying for the application of the statute of limitations.

The plaintiff’s objection is precisely formalized by an application to restore the statute of limitations. The text of the application must contain:

name of the court that is considering the case (it will consider such an application)
names of the parties and details of the civil case for which the statute of limitations must be restored
list of reasons for missing a deadline, their documentary evidence
request to restore the statute of limitations

The reasons for the plaintiff missing the limitation period are assessed by the court for reasonableness. Typically, these are recognized as a serious illness or helplessness of the plaintiff, illiteracy in combination with other circumstances confirming the impossibility of obtaining qualified legal assistance, long-term absence from the place of residence, for example, in connection with work or professional activities, military service, serving a sentence, etc.

A search for a defendant when his place of residence or even his last whereabouts is unknown will most likely also be recognized as a valid reason, but the court must be provided with information that such a search was undertaken by the plaintiff.

There is no universal recipe for preparing such an application, since the reasons for missing a deadline in each case are individual. It is advisable to reflect all the circumstances that led to the omission of the filing of the claim, to describe the cause-and-effect relationship between these events. If you have any difficulties or need to take into account nuances, we recommend contacting the site’s on-duty lawyer.

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.

Consideration of an application for restoration of the statute of limitations

The judge considers such an application at a court hearing, notifying the persons participating in the case. Their opinion on this issue and objections are taken into account. A positive decision will be made only if there is written evidence of the reasons for missing the deadline and the validity of such reasons.

The decision made is formalized by issuing a court ruling. If you disagree with the opinion of the court, a private complaint may be filed against such a determination. Re-submission of an application to restore the statute of limitations is prohibited by law, unless new arguments and arguments are used.

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.
Read also: What reason to indicate in the application for divorce?

Objection to the application

Participants in the process have the right to petition on any issues, including those related to the procedural period, and for each of them the opposite party is given the opportunity to object.

Objections are submitted to the district or magistrate judge , in written and oral form, while the written form is more preferable, since it can be attached to the materials of the judicial investigation in the form of a separate document, which will further eliminate misinterpretation.

In the objection, the representative of the opposing party expresses his attitude towards the petition, points out inconsistencies and errors in the document. When filing an objection, it is recommended to focus on the following:

compliance of the petition with the norms of civil procedural law.
the expediency of the petition and the issue considered in the petition, the legality of its resolution in the manner specified in the petition.

The objection is written in free form, focusing on the rules for filing claims. Basic requirements for the document:

availability of details;
literacy;
brevity.

Read the article about the procedure for seizing property.

How to apply for admission of a representative? Details below.

Expert opinion

Novikov Igor Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Law teacher.

A correctly drafted statement allows you to clearly state your position when appealing in court. The court's decision to grant the petition is not subject to review, but the facts of the offense can be included in the appeal.

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The limitation period is the period established by law within which the plaintiff can apply to the court to protect his interests. For civil proceedings, this period is established in the Civil Code of the Russian Federation.

In general cases it is 3 years. The Civil Code also indicates that this period can be reduced or, on the contrary, increased depending on certain categories or be unspecified (for example, a depositor’s demand for bank payments).

Also, the limitation period for certain categories can be established not only by the Civil Code, but also by other regulations, depending on the legal relationship (for example, the limitation period for family disputes is established exclusively by the Family Code)

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.

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 to submit a document

The application is submitted to the judicial authority to which the claim was forwarded. You can transfer the documentation in person by visiting the court office, or send it by mail with a notification letter and a complete list of the documentation. In this case, it is necessary to draw up several versions of the application at once: to the court, to the plaintiff and to the defendant.

IMPORTANT! If you send documents by mail, then it is enough to enclose two options or confirmation that the plaintiff was also sent the application in question, otherwise the procedure for redirecting the application will not be followed, and this will result in a refusal.

When applying in person, it is imperative to wait for the applicant’s document to be dated and signed at the office, confirming that the application has been approved. Also, a single copy of the petition can be submitted to the court during the hearing.