To peacefully resolve a conflict, when claims between people can only be resolved by the executive body, they go to court. If the amount of the material dispute does not exceed 50,000 rubles, the application is submitted to the magistrate.
Before you start collecting a package of documents, it is worth correctly determining the area and type of claim. To avoid long “travels” through offices, you can use the Internet by typing in the search bar the request: justice of the peace at address, find. The result will not keep you waiting long.
General rule
To choose the right court to file a claim, answer 4 basic questions:
- What is the nature of the dispute - property, family, labor, business, etc.?
- How much are you asking to recover - more or less than 50 thousand rubles?
- Where do you live (registered), the plaintiff, and where is the defendant?
- What is the status of the plaintiff and defendant - individual, individual entrepreneur (individual entrepreneur), organization?
Let us immediately make a reservation that economic disputes between individual entrepreneurs and organizations are mainly considered by arbitration courts. All other civil cases are heard by courts of general jurisdiction, that is, magistrates, district or city courts, courts at the level of a federal subject (regional, etc.), as well as the Supreme Court. We will also not touch the regional courts and the Supreme Court today, since ordinary citizens deal with them less often and, as a rule, only in connection with appealing decisions of lower courts.
So, if you are an ordinary citizen (not an entrepreneur), then most likely you will file a claim with a magistrate or in a city (district) court. In most cases, the magistrate considers claims for amounts not exceeding 50 thousand rubles; everything that is larger or does not fall within the competence of the magistrate is considered by city or district courts.
As a general rule, a claim is filed at the place of residence or location of the defendant, roughly speaking, according to the defendant’s registration.
How to find out the defendant's registered address? This address can be found out from the person’s passport (if you had the opportunity to look at the passport itself or a copy). It may also be specified in the agreement with the defendant. If you know the address unofficially or the data is quite old and may have changed, there is another way. File your claim at a known address. Attach to the statement of claim a petition addressed to the judge to request data on the defendant’s address from the passport office. If the defendant's current address is not within the jurisdiction of the court, then the claim will be returned to you with a determination indicating the correct court to file the claim. Or the claim may be transferred to jurisdiction if it has already been accepted for proceedings.
In the case where the defendant is an organization (LLC, JSC, etc.), you can find its official legal address on the website of the Federal Tax Service. To search, it is advisable to know the TIN or OGRN of the company and its exact name (see the text of the contract).
Where and how to get a court order?
There are two ways to obtain a copy of a court order for which enforcement proceedings have already been initiated.
First, contact the bailiff with a request to familiarize yourself with the materials of the enforcement proceedings. The file will necessarily contain the original court order, which can be copied or photographed. Often bailiffs themselves offer to obtain a copy from them to submit an application to cancel the court order.
Secondly, it is possible to obtain your own copy of the court order from the magistrate who issued this executive document. In this case, you will need to prepare a corresponding application and apply to the appropriate court district.
How to make an application for a copy of a court order?
When contacting bailiffs for a copy of a court order, most often you do not need to write any statements. Only in some cases may they be asked to write the above-mentioned application for review, which requires indicating a request for a copy of the court order. Usually the bailiffs issue a copy immediately, or give the opportunity to film the document.
If you address this issue to a magistrate, you cannot do without compliance with procedural norms. Here you must submit an application for a copy of the court order.
The application must indicate:
- Applicant details;
- The number of the court order (also known as the number of the writ proceedings) and the date the order was issued.
In the text of the application itself, it would be useful to note that the applicant had not previously received a court order - this is important because the period for its cancellation is calculated from the moment of receipt of its copy.
According to the Civil Procedure Code of the Russian Federation, when a court order is issued, a copy of it must be sent by mail to the debtor within five days. In practice, this requirement is not always met. That is why a situation often arises when a citizen has not received a court order.
Regarding the timing of issuing a copy of this judicial act at the request of the debtor, the legislation does not contain clear standards.
Experts agree that such a period can reach thirty days, similar to the period for consideration by courts of various appeals. However, in practice, a copy of the court order is not issued for such a long time.
Most often, this takes no more than a week, and with a successful combination of circumstances, the treasured document can be received in twenty to thirty minutes.
Cancellation of a court order
After receiving a copy of the court order, regardless of whether it is from the bailiffs or the magistrate's court, you have ten days to file an application for its cancellation.
Note that some magistrates count this period from the moment the debtor learned about the order, for example, from the day funds were written off from his account.
However, this approach is incorrect and if the application to cancel the court order is refused, you can appeal to a higher court with a complaint.
The law clearly defines that the debtor is given the right to declare his disagreement with it within ten days from the receipt of a copy of the court order. Such disagreement must be expressed in the form of an appropriate statement.
In this case, it does not matter what exactly the debtor disagrees with: the amount of debt, the structure of the debt, or the stated requirements in general. But the application must indicate the date and circumstances of receipt of the court order.
An application for cancellation is submitted to the court of the magistrate or arbitration court that issued the order. The period for consideration of such an application is not regulated, but in practice it rarely exceeds ten days. Based on the results of the consideration, a ruling is issued, which must be sent to both the debtor and the claimant within three days.
We recommend that you do not wait for the ruling on cancellation to arrive by mail, but call the court a week after filing the application and find out about the cancellation of the court order. If the answer is positive, you must visit the court and pick up the document. The ruling to cancel the court order must be quickly submitted to the bailiff to terminate the enforcement proceedings.
Thus, the situation when enforcement proceedings unexpectedly “pop up” on a court order is a completely solvable task without serious knowledge in the field of law; the main thing is to know what and how to do, where to go.
I haven’t received a court order, how can I cancel it?
Cancellation of a court order is quite simple. To independently draw up an application to cancel a court order, you can use our online service, which is discussed below.
However, information about the order is not always available. For example, when an SMS notification comes from the bank about the seizure of an account.
The notification contains only information about the amount collected, the balance of the debt and the name of the court district of the magistrate who issued the court order.
You can obtain the number of the court order and the date of its issuance by contacting the website of the magistrate, using a search engine on the Internet. Let's look at how to get a copy of a court order step by step using the example of a magistrate's website:
Step 1. Find the website of the magistrate
Home page of the website of the justice of the peace of the Amur region for the Belogorsk city judicial district No. 1
How to find the court by the defendant's address?
Using the official website of the State Automated System “Justice”. You need to select the button “Federal Courts of General Jurisdiction” (if you are looking for a district or city court) or “Judges of the Peace”:
In the field that appears, check the box next to “I’m looking for a magistrate’s station,” select a region, write the name of the city and street. If one street belongs to several magistrates, a list of houses will appear separately for each site. Click on the name of the court district and you will see the address of the official website of the magistrate and his contacts.
On the official websites of courts you can often find samples of statements of claim for various occasions.
OKTMO
Until 2013, instead of the OKTMO code, the OKATO code was used, which was necessary to simplify the verification of payment documentation by automating all the main processes.
Today, the All-Russian Classifier of Municipal Territories is used for this purpose. It is used to process information related to economic processes occurring in populated areas, as well as to make payments in:
- municipal areas;
- urban districts;
- large cities (Moscow, St. Petersburg);
- other cities, towns, etc.
Each digit included in the code number contains specific service information. The first two digits indicate the code of the federal subject, the third to fifth are the code of the municipality, the sixth to eight are the code of the locality, and the last are control parameters.
Sources
- Yaroshik Oleg Problems of legality and justice in criminal proceedings in Russia; Higher school - Moscow, 2021. - 749 p.
- Panov Denis Problem solver on the road: open it and find out what to do! Driver's rights in diagrams; Eksmo - M., 2014. - 183 p.
- Everything about bankruptcy of citizens (excerpts from regulatory legal acts as of 02/01/2015, with amendments coming into force on 07/01/2015); Prospect - M., 2010. - 331 p.
- Law and Economics No. 03/2009; Justitsinform - M., 2009. - 464 p.
- Citizen and Law No. 09/2014; Higher school - Moscow, 2014. - 542 p.
Exceptions to the rule
1. Magistrates consider some cases regardless of the size of the claim, for example:
- issuance of a court order (for example, for the collection of accrued but unpaid wages, child support, if there is no need to challenge or establish paternity and there are no interested parties - other recipients of alimony);
- divorce cases if there is no dispute about children;
- cases on determining the procedure for using property (for example, an apartment that is in common ownership of several people);
- family disputes, incl. on the collection of child support;
- cases on the division of property between spouses (no more than 50 thousand rubles).
2. Some cases, even if the value of the claim is less than 50 thousand rubles, magistrates do not have the right to consider. They are considered by district or city courts:
- divorce cases, if there is a dispute between husband and wife about children;
- cases of challenging and establishing paternity and maternity;
- claims for deprivation and limitation of parental rights;
- disputes about children;
- adoption;
- invalidation of marriage;
- hereditary disputes;
- disputes over copyright and intellectual rights (about creation, use).
3. Sometimes the plaintiff can choose the court where he will appeal from several options:
- file a claim at the place of execution of the contract, if it is expressly stated in your agreement with the defendant. This rule also applies to employment contracts;
- if the defendant’s address is unknown or he does not have an address in the Russian Federation, the claim can be filed at the location of the defendant’s property (for example, an apartment) or at the last known registration address;
- if your defendant is an organization, you can file a claim at the address of its branch or representative office. You need to look for branches and representative offices in an extract from the Unified State Register of Legal Entities;
- at the place of your residence or where the harm occurred, you can file a claim for compensation for harm to health or loss of a breadwinner;
- a claim for consumer protection can be filed at your place of residence or stay, as well as at the place of conclusion or execution of the contract;
- at the location of the defendant’s vessel or the vessel’s home port, a claim can be filed for compensation for damage as a result of a collision of ships, for the recovery of wages in favor of the ship’s crew members, etc.;
- if you have several defendants at once and they live in different places, you can bring a claim at the place of residence of any of these defendants.
Claims that can be filed in court at the plaintiff’s place of residence
- claim for divorce - if you have a minor child or health problems that prevent you from going to court at the defendant’s place of residence;
- consumer protection claims;
- claims for restoration of labor rights;
- paternity claims;
- claims for alimony;
- claims to protect the rights of the subject of personal data (for example, to recover compensation for moral damage or losses);
- claims for compensation for damage caused by injury or other damage to health;
- claims for damages resulting from the death of the breadwinner;
- claims for restoration of housing and pension rights, return of property in connection with unlawful conviction, arrest (including administrative), detention, recognizance not to leave or criminal prosecution;
- claims for the “right to be forgotten” - against search engine operators to remove links from search results.
If there is a choice of court for your claim, choose the court where it is more convenient for you to apply (which is geographically closer to you). It is also worth using the option of choice if different courts have different practices in the same cases (choose a court with favorable practice).
4. Sometimes claims are brought in strictly defined courts:
- claims arising from the contract of carriage are brought at the location of the carrier. However, if you entered into this contract as a consumer, you can still choose between several courts (see above);
- at the place of opening of the inheritance, claims are filed against the inherited property (until the heirs accept the inheritance);
- at the location of the real estate (building, apartment, land plot, etc.), you need to file a claim for recognition of rights to it and release from seizure;
- a counterclaim can only be filed in the same court that is considering the original claim;
- If your agreement with the defendant clearly defines the jurisdiction of disputes (contractual jurisdiction), then in most cases you will have to file a claim in this order (unless, of course, this condition violates the law).
photo: website of the Vologda Regional Court, oblsud.vld.sudrf.ru
Article from the Vesti Prava website. Lawyer's advice.
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Where to view a court order for debt collection
Many legal disputes can be resolved unilaterally. In order for the case to be completed, a claim must be made, and the court will issue a decision in the form of a writ. The form of the document in question is very important in disputes, since it gives the right to enforce the applicant’s demands. Therefore, the other party can find out about his debt when the court forces him to compensate. If you find yourself in exactly this situation, you can try to challenge the court. order. True, for this you need to find a reason, and a compelling one. That is why we will look at where to watch the court. debt collection order. And only after the document is found can the most difficult part of the case begin - the trial or appeal.
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