What is a court order? General requirements stated in the order of writ proceedings

Parties to civil litigation may face several types of judgments. Their list also includes a court order, which is issued to collect a monetary debt or to reclaim movable property. Writ proceedings are conducted only by magistrates who work with claims from claimants and objections from debtors.

Also, according to the Code of Civil Procedure of the Russian Federation, a court order is an executive document. It can be immediately submitted for execution to the FSSP, at the defendant’s place of work, or to the bank where his accounts are opened. Read about the legal status of the court order, the procedure for obtaining and canceling it in our material.

What is a court order for debt collection in simple words?

Most often, the subject of litigation is a dispute between citizens, organizations, and entrepreneurs. Or between citizens and organizations. To consider it, a claim is filed, proceedings are held with the parties summoned, and evidence is examined. Based on the results of the claim process, a decision is made and a writ of execution is issued.

Many types of obligations are of an indisputable nature, which is clearly confirmed by documents. Such cases do not require a full trial. If the claimant's claim is undisputed, a court order can be obtained for it.

The legal status of this document in civil proceedings is determined by the Code of Civil Procedure of the Russian Federation:

• writ proceedings are conducted only by magistrates;
• an order from magistrates can be obtained only for obligations expressly specified in the Code of Civil Procedure of the Russian Federation;
• the maximum amount of recovery is no more than 500 thousand rubles, and if this amount is exceeded, a claim must be filed;
• simplified rules are applied for extradition and revocation, including the time limits for legal proceedings;
• in case of cancellation of the judicial act, the claimant is not deprived of the right to file a claim for the same requirements.

Arbitration courts also deal with writ proceedings in certain types of economic cases. To obtain a document through arbitration, it is not the Civil Procedure Code of the Russian Federation that is used, but the Arbitration Procedure Code of the Russian Federation (Arbitration Procedure Code of the Russian Federation). The rules for extradition through arbitration do not differ significantly from civil proceedings.

You cannot receive an order if a decision has already been made at the request of the claimant. The Code of Civil Procedure of the Russian Federation provides for a rule prohibiting repeated recourse to court on a similar subject of dispute. However, magistrates are not required to check whether collection has previously been carried out on the stated requirements. Therefore, it depends only on the active actions of the debtor whether he will face double collection. It is necessary to identify such moments in time and immediately file objections.

How does an order differ from a court decision?

This is a logical question for people who are not familiar with the nuances of the law. So, is the order a court decision or not? According to the Code of Civil Procedure of the Russian Federation, the following judicial acts can be issued based on the results of the case:

• decisions
  are made based on the results of consideration of the claim;
• orders
  - issued only on undisputed demands and without conducting a full trial;
• determinations, decisions
  - are made on procedural issues, based on the results of consideration of complaints, petitions, applications.

Thus, the order is not a court decision, but refers to judicial acts. The difference is very important, since by court decision you still need to obtain a writ of execution in order to transfer it to the bailiffs. This is not required for writ proceedings.

Features in the arbitration process

Writ proceedings in arbitration proceedings, effective from June 2021, are similar to civil proceedings, with the exception of some features:

• the amount is limited to 400,000 rubles - anything higher, the arbitration court has no right to consider by order. A separate rule is provided for the collection of mandatory payments - their amount according to the arbitration order cannot exceed 100,000 rubles;
• they also do not call witnesses, representatives of the parties, etc., but the period given to the judge to issue a court order is 10 days;
• in civil proceedings, court orders in electronic form are less common, while in arbitration proceedings it is mandatory to issue an order in electronic form and in two copies on paper.

Who can receive a collection order?

Obviously, the order can only be received by a person to whom the debtor has any obligations. Most often we are talking about debts, of course. According to the norms of the Code of Civil Procedure of the Russian Federation, writ proceedings can be used by:

• individuals (for example, a lender on a receipt, alimony collector, etc.);
• entrepreneur (for example, when collecting a debt under a notarized agreement);
• legal entity (for example, a bank under a loan agreement).

An order is a special type of judicial act.
It is issued only for undisputed claims and for a debt amount of up to 500 thousand rubles. You can obtain an order to collect a debt or to reclaim property. The debtor has the right to file an objection to cancel the order if it meets the 10-day deadline.

The order is issued by the judge after checking the nature and size of the obligation, as well as the powers of the claimant. This means that the claimant (creditor) must prove that the obligations to him were not fulfilled properly. To prove it, you need to submit contracts, receipts, and other documents.

For what types of debts is it possible to issue a court order?

To do this, let us turn to Art. 122 Code of Civil Procedure of the Russian Federation. It lists the types of requirements that fall under writ proceedings.

The order can be received:

• for overdue loans and borrowings;
• for debts under written and/or notarized agreements, receipts;
• for periodic alimony payments, but only as a percentage of the second parent’s earnings;
• for overdue debts for utilities and communication services;
• to reclaim things and objects (movable property) from someone else’s illegal possession;
• for arrears of payments accrued by the employer (salary, severance pay, vacation pay, etc.).

Let us remind you once again that the total amount of recovery should not exceed 500 thousand rubles. If the amount in the application is greater, the judge will refuse to collect the writ and will explain to the applicant for the writ the right to file a claim. This rule does not actually apply to alimony, since it is collected as a percentage of earnings.

The difference between an order and simplified proceedings

By changes made to the Code of Civil Procedure of the Russian Federation in June 2021, the legislator provided for the possibility of simplified proceedings in cases of the following categories:

• if the amount of the claim does not exceed 100,000 rubles, except for those cases the list of which is enshrined in Art. 122 Code of Civil Procedure of the Russian Federation (court order);
• in cases of recognition of property rights with a limit on the amount of up to 100,000 rubles;
• for indisputable obligations that are not fulfilled by the debtor, but are recognized, with the exception of the list of Art. 122 Code of Civil Procedure of the Russian Federation.

In a word, claims with a small amount of recovery can be considered by the courts in a simplified manner, but, unlike writ proceedings, the law does not contain a closed list of such cases.

At the same time, there are a number of cases that cannot be considered under a simplified procedure:

1. administrative matters,
2. affecting children's interests,
3. applications for special proceedings,
4. related to state secrets.

The simplified procedure implies:

• lack of a procedure for examining evidence, the parties are not called to the court hearing, and witnesses are not present;
• the presentation of evidence by the parties occurs under the direction of the judge. Thus, a period is set for the parties to send each other written confirmation of their arguments (at least 15 days), then the judge can set another period (at least 30 days from the date of acceptance of the case) for sending additional objections and explanations to each other;
• Based on the results of consideration of the case in summary proceedings, the judge makes a decision, which is the operative part - that is, satisfaction of the requirements or refusal to satisfy. If there is no statement from the parties, a full (reasoned) version of the decision is not made.

Of course, this procedure is more convenient for citizens who want to collect money from debtors faster. At the same time, we should not forget that if there are doubts about the sufficiency of the evidence base, the judge can proceed to the general procedure for litigation. For example, when a thorough examination of additional evidence is required, when the parties and witnesses need to be heard, when a counterclaim is filed that cannot be considered in a simplified manner.

Unlike a court order, the decision based on the results of consideration of such cases is not in itself a writ of execution, which is issued separately in accordance with the general rules.

Grounds for extradition

A judge cannot make orders or decisions on his own initiative. To do this, the claimant (plaintiff) must submit an application and documents on the essence of the claims. Based on the received documents, civil proceedings will begin.

Claimant's application: sample and contents

The sample application for issuing an order is not approved by law. To fill out the document, you can use samples from our website. If you do not have experience in preparing documents for legal procedures, it is better to use the help of our lawyers.

The text of the application must indicate the following information:

• name of the magistrates' station;
• information about the applicant (collector);
• information about the defendant (debtor), indicating one or more of his identifiers. It is best to know all the identifiers of the opposing party - passport details, registration, TIN, SNILS number. But just the passport data - series and number - will do. They are unique;
• the essence and description of the claim against the debtor (for example, overdue loan debt, failure to fulfill the obligation to support a child, etc.);
• the amount of debt to be recovered or a description of the property that needs to be recovered from the debtor;
• request for the issuance of a court order for collection;
• signature, date.

What does an application to cancel a court order look like (20.2 KB)

Since 2021, the Code of Civil Procedure of the Russian Federation has introduced an obligation to indicate the identifiers of the defendant. This is information by which the court and bailiffs will be able to determine the proper debtor. The list of identifiers includes passport or driver’s license data, TIN or SNILS numbers. The claimant is also obliged to indicate the personal information, date and place of birth of the defendant.

It is equally important to correctly indicate the defendant’s address. First of all, this is necessary for the correct determination of jurisdiction. For most requirements, applications can only be filed at the defendant’s home address. Also, the address will be important for sending a copy of the judicial act to the debtor. For example, there is a big difference even in the house number (2, 2a), since if a judicial act is not received with inadequate notification, the debtor will easily restore the deadline for objections.

Refusal to issue an order

It would be more correct to say that there are two forms of refusal to issue an order:

1. return of the application for issuance;
2. refusal to accept an application for a court order.

On both these grounds, the court is obliged to make an appropriate determination. The difference between these two results is discussed in detail in the Resolution of the Plenum of the Supreme Court of the Russian Federation “On writ proceedings”.

Thus, the court may return the application and all documents to the applicant on the following grounds:

• the case is not within the jurisdiction of this court;
• the application was submitted by an improper person or an incompetent citizen;
• the application was withdrawn by the claimant himself, etc.;
• there is no confirmation of payment of state duty. In judicial practice, there are cases when, due to his financial situation, the claimant sends a petition to the judge for an installment plan (deferment) of payment of the state fee. If the court finds such a request unfounded and does not allow payment of the state fee in installments, then the application may be returned to the applicant on the basis of non-payment;
• not all documents confirming the right of collection are attached to the case. The most common cases are that the amount of debt according to the documents does not correspond to the amount of the claim that appears in the application for the order. If the amount stated in the application exceeds the actual amount, this may also become a basis for returning the application.

As you can see, all these reasons for returning can be eliminated. For example, if the rules of jurisdiction are violated and the other conditions are simultaneously met, nothing prevents the applicant from simply filing his order in another court. If any documents are missing, you can additionally attach them. When all the shortcomings have been corrected, you can go to court with a statement of a similar nature again - the law does not prohibit such actions.

Refusal to accept an application for a court order means that it is impossible to apply such a procedure for considering the stated claims at all. After such a refusal, the law does not provide for the possibility of re-applying to the court to obtain an order. At the same time, this does not deprive the right to go to court in the usual way.

Let us clarify that if there are grounds, the judge issues a ruling to refuse to accept an application for a court order (not a ruling to refuse extradition!). Such reasons may include the following circumstances:

• the amount of claims exceeds 500,000 rubles. This monetary limit is directly enshrined in legislation and exceeding it excludes the possibility of using writ proceedings. It should be borne in mind that the indicated amount covers all accrued penalties and fines. That is, if the amount of debt is 450,000 rubles, penalties are 40,000 rubles, fines are 30,000 rubles, and the total claim reaches 520,000 rubles, then writ proceedings are impossible, since the total amount exceeds 500,000 rubles;
• Others have been filed along with the demands for recovery. Thus, an application in which the claimant asks to reclaim property and at the same time compensate for moral damage, collect wages and reinstate, etc., is subject to refusal to accept;
• It follows from the meaning of the statement that the rights of third parties who are neither the debtor nor the claimant may be affected. At the same time, the Supreme Court clarified that claims against one of the joint and several debtors is not a basis for refusal to accept.
  Example No. 2. The application contains a requirement to reclaim residential premises from the debtor's possession; his minor children live in the same residential premises. This affects not only the rights of the debtor, but also of third parties - such an application will be refused.

  Example No. 3 . Two debtors Petrov and Sidorov have a total debt of 800,000 rubles to one bank. According to the agreement, they are considered co-borrowers. In view of the accumulated debt, bank representatives decided to go to court as part of writ proceedings. Since not all legal documents were collected in relation to Sidorov, an application was first filed for a writ to collect ½ of the debt from Petrov. The court refused to accept the application; the court ruling indicated the impossibility of acceptance due to the existence of joint liability of two debtors. On appeal, this court decision was overturned, since such a basis is not a circumstance excluding the possibility of an order procedure. As a result, a court order was first issued to collect 400,000 rubles from Petrov, and two months later - from Sidorov, 400,000 rubles from each.

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• there are circumstances that provide grounds for termination of the proceedings (refusal of demands, the presence of a previous court decision on the same issue, etc.).

If the claimant believes that his application was returned to him or his acceptance was refused illegally, he can appeal the court ruling within 15 days from the date of receipt of the copy.

Step-by-step instructions for obtaining a court order

Below we will describe step by step how to obtain a court order and what difficulties may arise when going to court. Note that the claimant can not only draw up and submit all the documents himself, but also entrust this to a representative. A power of attorney must be issued through a notary for the authority of a representative. A representative with a power of attorney will be able to sign and submit the application himself, and then receive a document with the seal of the court.

Preparation of documents for collection

An order can be issued only if the fact of the debt and its amount are confirmed. To do this, the claimant needs to prepare documents that trace the occurrence, violation or improper fulfillment of the obligation. The list of such documents may include:

• agreements in simple written or notarial form;
• notarized receipts;
• birth certificates of children (in terms of collection of alimony);
• documents on the calculation of wages or other payments at the place of work;
• settlements of utility debts.

Agreements and receipts under which orders will be issued must comply with the norms of the Civil Code of the Russian Federation. In particular, this concerns the form and content of documents and mandatory conditions.

Naturally, the list of documents must be determined individually according to the requirements of the creditor. Although the judge will not conduct proceedings or meetings, he will definitely check the documents of the claimant.

Calculation and payment of state duty

Before filing an application with the court, you must correctly calculate and pay the fee. It can be defined as follows:

• on the total amount of debt and penalties;
• according to the appraiser's report, if the order requires movable property.

The fee in writ proceedings is calculated as 50% of the state fee for filing a claim. For requirements such as the collection of alimony or arrears of wages, there is no need to pay a fee.

Where and how to submit documents

Application to court. The order can be submitted at a personal appointment with the judge or sent by mail. Submission of documents is also allowed through the Internet service “Electronic Justice”. To work in it you need to use an electronic digital signature or a government services account signature. When submitting documents in person, make sure they are registered. When submitting an application online, a notification will be sent to your personal account.

Difficulties may arise with the correct selection of the judges' area for filing an application. The rules of jurisdiction are as follows:

• the general procedure provides for sending documents to the site at the defendant’s residential address;
• the alimony claimant can submit an application at his residence address;
• the claimant may file documents with the court of his choice, if so provided for in the original agreement.

Contractual change of jurisdiction is often used by banks and microfinance organizations. Such a clause is immediately indicated in the contract, which complicates the process of appealing or canceling the court’s act. If you do not know who issues the judgment, it is better to consult a lawyer.

Actions of the judge after receiving the claimant's application

Acceptance of documents from the claimant means that the judge will apply the rules of the Code of Civil Procedure of the Russian Federation on issuing an order. The proceedings include the following stages:

• the form and content of the application, the sufficiency of documents to initiate writ proceedings are checked;
• within a period not exceeding 5 days, the judge issues an order and sends a copy of it to the defendant;
• after receiving a copy of the document, the defendant has 10 days to prepare and file objections;
• if the judge receives objections within the prescribed period, he is obliged to cancel the order;
• within a period not exceeding 3 days after cancellation, a determination is sent to the claimant and the defendant;
• if no objections are received, then the claimant can receive a judicial act certified by a seal.

The issuance of an order is not accompanied by checks of the statute of limitations. This can be taken advantage of by a creditor who, due to your delay, has already passed 3 or more years, allotted by law for collection. If the defendant does not respond to the order and does not file an objection, then the creditor will be able to collect by order the debt that has expired.

If the judicial act is canceled due to objections, then in the lawsuit proceedings it is already possible to demand the termination of the case due to the expiration of the deadlines.

What does a court order look like?

The content of the judge's orders must comply with Article 127 of the Code of Civil Procedure of the Russian Federation.

The judicial act consists of the following parts:

• name of the judicial body and personal data of the judge who issued the document;
• date and number (for example, order dated July 21, 2021 in case number 2-20/2021);
• information about the claimant;
• information about the debtor, his date and place of birth, one or more identifiers;
• a description of the essence of the requirements for which the judicial act is issued;
• the amount of the debt collected, or a description of the movable property to be claimed;
• the amount of alimony awarded for children;
• bank account details for transferring the debt (it is better for the collector to immediately indicate this information in his application);
• judge's signature.

The court issues a sealed order only after the expiration of the period allotted for the defendant’s objections. The original document will be kept in the files of the judicial authority. The claimant will have a certified copy in his hands.

Court order form (18.1 KB)

Issuance of the document to the claimant

If a decision is made to issue an order, the claimant will be able to receive it in person at the office of the court district. Also, a judicial act can be sent by mail to the address indicated by the claimant. The Code of Civil Procedure of the Russian Federation allows you to indicate in your application a request to send the document directly to the FSSP. This is more convenient, especially if the lender lives in another region or city.

Submitting an application

There are no particular differences in the issue of civil jurisdiction between writ and claim proceedings: the application is submitted according to the usual rules - that is, to the magistrate who is geographically related to the place of residence of the second party (debtor). At the same time, the recipient of the order has a discount on the amount of state duty - it must be paid 50% less than the amount that would be payable as part of the claim proceedings.

Example No. 1 . According to the claim written by A.M. Petrov, the amount of recovery brought against Ivanov was 400,000 rubles. In accordance with Art. 333.19 of the Tax Code of the Russian Federation, the plaintiff calculated the state duty that he had to pay - 7,200 rubles. Subsequently, the plaintiff decided that applying for an order would speed up the collection procedure and allow him to save on state fees. The plaintiff changed his mind about filing a claim and filed a writ petition. The citizen submitted an application and paid exactly half of the previously calculated state duty - 3,600 rubles.

It must be borne in mind that the lack of confirmation of payment of the state fee may become a legal basis for not accepting such an application.

The law does not contain a direct requirement to provide the court with copies of the application according to the number of debtors, however, we recommend doing just that, even if handling one copy is not grounds for refusing to accept documents.

The civil procedure legislation defines in detail the requirements that the application form must meet:

1. Only written application form is accepted. Currently, it is possible to submit an application electronically.

2. The application is written in free form, but its text must contain an indication of:

• name of the court where the applicant is applying;
• information about the claimant - his full name, place of residence or stay;
• information about the debtor - his full name, registration or residence address, as well as any other information - place of work, position, date of birth - that is, everything that is known;
• the essence of the requirements. Here it is necessary to clearly define what the claimant wants. If this is property - then its name and value (required), if real estate - its location and information from Rosreestr, if the amount of debt - then its size, indicating interest (if accrued), penalties, etc.;
• those circumstances that are the basis for recovery. For example, in an application for an order to collect a debt, it is necessary to indicate the date when the debt was formed, the amount of interest paid, the balance, what agreement was concluded, its terms, provide arguments about the impossibility of resolving the issue pre-trial, etc. The circumstances under which the claimant has the right to go to court must be stated in understandable language.

In addition, you always need to remember about such a condition for issuing an order as indisputability. If the circumstances are written incomprehensibly and the judge has numerous questions, there is a high probability of refusing to accept the application due to doubts about the indisputability of the stated claim.

In this case, the justification of your requirements must be documented. Thus, the mere statement that an agreement for the use of a car has been drawn up cannot become the basis for accepting an application for a court order if this agreement is not included in the annex. In other words, each reference to a specific document must be legally confirmed by the presence of this document in the case materials (or its certified copy).

Please note that if an application is submitted electronically, documents that support the claimant’s arguments can also be sent in the form of screenshots. In accordance with Art. 6 of the Federal Law “On Electronic Signature”, electronic documents attached in this form legally correspond to similar documents on paper.

3. The applicant's credentials must be confirmed. Thus, a complete stranger who is not interested in the outcome of the case cannot submit an application. Only the claimant himself or his representative by proxy can put his signature on the application. The cost of a representative's services for drafting documents may be included in the legal costs recovered from the debtor.

I received a court order: what next?

The issuance of an order allows you to apply for its forced execution.

For this purpose, the provisions of Law No. 229-FZ are applied. Execution on the basis of an order can be carried out:

• bailiffs
  - on the basis of documents received from the claimant or directly from the court;
• by the bank
  - based on the claimant’s application or by resolution of the FSSP. The debtor's accounts will be frozen or blocked;
• by the employer
  - based on the claimant’s application or documents from the FSSP, if the amount of the debt does not exceed 100 thousand rubles, or periodic payments (alimony) are collected.

A document certified by the court’s seal must be sent to the FSSP, bank or employer. The bailiffs will notify the claimant about the initiation of proceedings and will inform about the progress of execution.

Validity

The order does not have an exact validity period. However, Law No. 229-FZ specifies the period during which a document can be sent for execution - 3 years. This period is counted from the date of publication of the court act. As soon as the document is submitted for execution to the FSSP, bank or employer, the 3-year period is interrupted.

If production is completed or terminated, the period will begin to run again. An exception is the revocation of the order at the request of the claimant. In this case, the period will continue to run taking into account the previously expired period of time.

Why do we publish instructions to lenders?

There are several reasons for this. They are as follows:

• The lender has its own lawyers who know how to behave even without our instructions!

It seems that few creditors will take the time to read about what they have known for a long time.

• We advocate the formation of a fair debt market;

By removing unscrupulous competitors and opponents from the market, very competent specialists will remain on the market, which, in turn, will contribute to the development of the debt market, ensuring the rights of market participants, and much more.

• Effective defense is impossible without knowledge of the problems of the opposing party;

In order to effectively prescribe a line of defense, saving your clients from many unnecessary problems, you need to know what problems creditors are experiencing in a particular issue.

Knowing the specifics of receiving an order, we can use the violations committed by the creditor when receiving a court order in our defense.

This is only a small part of the answers why we publish instructions for lenders. Our company advises all debtors to read such manuals so that later there will be no unnecessary questions or problems related to their resolution.

How can a debtor cancel a court order?

Despite the indisputable nature of the demands in writ proceedings, the debtor has the right to defend against collection. For this purpose, the Code of Civil Procedure of the Russian Federation also provides for a simplified procedure. In order to get a judicial act overturned, the defendant must file an objection within the prescribed period.

Submitting objections

An objection is a document by which the debtor can cancel the order. In fact, this is an ordinary statement indicating disagreement with the judicial act. The Code of Civil Procedure of the Russian Federation does not oblige the debtor to disclose the reasons for disagreement, but they can also be indicated. For example, you can reflect in your objections that there is a dispute or that you disagree with the settlement amount.

You have 10 days to file objections. This period of time is calculated from the date of receipt of a copy of the judicial act. Since the copy is sent by mail, the supporting document will be a notification of delivery or a notice of the debtor’s refusal to receive the notice.

Objections can be sent by mail or submitted in person to the justices of the peace station. It is also possible to submit a document through the Electronic Justice service. The debtor learns about the results of consideration of objections from the judge’s ruling.

Restoring deadlines

If the defendant missed the deadline for filing objections, they can be reinstated. Naturally, to restore you need to confirm:

• that the defendant did not receive a copy of the document at all (for example, if the claimant indicated an erroneous address in the application);
• that there was an error in mail delivery (for example, if the post office did not send notice to the addressee);
• that the 10-day period was missed for objective and valid reasons (for example, if the defendant was in the hospital or on a long business trip).

The petition for reinstatement must be submitted along with any objections. If the judge restores the terms, the order will automatically be canceled. The defendant will be notified of this by a ruling.

If you learned about the existence of a judicial act after the collection (withholding) began, record the date of receipt of such information. This could be a bank statement, a payslip at the place of work, information from a report on public services.

Cassation appeal

If there is another way to cancel the order. The Code of Civil Procedure of the Russian Federation allows you to file a cassation appeal against a judicial act that has already entered into force. The period for appeal is 3 months, and the complaint must be filed with the cassation court. If the court upholds the complaint, the order will be canceled from the date it was originally issued.

Please note that in a complaint it is not enough to indicate only your disagreement with the issuance of a judicial act. The cassation office will consider objections based on the essence of the requirements or violations in the order of publication of the document. Therefore, the complaint can and should refer to the existence of a dispute, omission of statute of limitations, and other claims against the claimant.

The best option is to appeal to the controversial nature of the stated claims. If this is an order for alimony, then the father must write that he transferred funds to his wife for the maintenance of the child. If this is a loan debt, then this may be a disagreement with the amounts accrued in excess of the loan body.

What is it, concept, signs

Writ proceedings are a special procedure for the administration of justice, in which a court decision in the form of an order is issued by a judge after considering the documents submitted by the plaintiff and the defendant.

The procedure for conducting and distinctive features of writ proceedings are established by Chapter 11 of the Civil Procedure Code (the document is approved by Federal Law No. 138).

Writ proceedings are applied if (Article 122 of the Code of Civil Procedure of the Russian Federation):

• The plaintiff's claim is based on a transaction certified by a notary
• the claim is based on a transaction made in simple written form and not confirmed by a notary
• the requirement is based on the notary’s protest of the bill of non-payment, non-acceptance and undated acceptance
• a demand was made for the collection of alimony for minor children. Provided that the requirement is not related to establishing/challenging paternity (maternity) or the need to involve other interested parties
• a demand has been made for the recovery of accrued but not paid wages to the employee, amounts of vacation pay, payments upon dismissal, and so on, provided for by the Labor Code or the current employment contract
• the demand was made by territorial authorities to ensure the established procedure for the activities of courts and the execution of judicial acts and acts of other bodies, as well as demands for the collection of expenses incurred in connection with the search for the defendant, or debtor, or child
• a demand was filed for the recovery of accrued but not paid monetary compensation for the employer’s violation of the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee
• a claim has been made for the collection of arrears in payment for residential premises, expenses for major repairs and maintenance of common property in an apartment building, utilities, and communication services
• a demand was made for the collection of debt on obligatory payments and contributions from members of the partnership of real estate owners and a consumer cooperative

An example from judicial practice

The most common dispute resolved through writ proceedings is the dispute over the collection of alimony.

For example, the plaintiff Irina Valerievna Skudarnova submits a demand for the recovery of alimony in the amount of 1/3 of the salary for the children Ivan and Semyon to their father, Andrey Aleksandrovich Skudarnov. The application must be accompanied by the birth certificates of the children and the divorce certificate. According to the claim, a court order was issued to assign child support in the amount of 1/3 of the income received by the defendant.