Court order on a credit card. Debt collection order: what the debtor needs to know? How to cancel a debt collection order

Most loan debtors are waiting for the same thing to take into account - the court with the creditor. Moreover, the court will always be on the side of the lender, because the loan was issued on the basis of a loan agreement and the lender fulfilled its obligations, and the borrower violated, for which he must be held liable. But the borrower does not always know that the trial of his debt took place, and as a notification he receives court order. Let us consider in more detail what a court order for the recovery of debt on a loan is, what a debtor should do.

What is a court order

So, what is a court order for the recovery of a debt on a loan - this is an executive document issued by a justice of the peace alone on the basis of a statement by the plaintiff for indisputable transactions, and the loan agreement is one of those, the amount of which does not exceed half a million rubles. In simple words, if the amount of recovery does not exceed 500,000 rubles, the loan is not secured by collateral or surety, then it is more expedient for the bank to apply to the world court to obtain a court order.

Please note that you will receive the court order by registered mail at your registration address.

This process is more profitable and cheaper for the lender. Firstly, the state duty is somewhat lower than in a court of general jurisdiction; the presence of a bank representative will not be required at the trial. Secondly, the process is implemented in as soon as possible, the court has no more than 5 days to consider the application. The defendant in this case, the debtor is not notified of the essence of the bank's claims and cannot protect his interests personally. After the court order is issued, the borrower receives his copy of the court order.

If the amount of debt is more than half a million or there is a subject of dispute on the loan, for example, collateral, then the lender has only one way out - to file a lawsuit in a court of general jurisdiction. Here the situation is completely different, the defendant has the opportunity to familiarize himself with the claims of the bank, put forward counterclaims and, in general, independently defend his interests before the creditor. This process can drag on for a long time, but the debtor has every chance to resolve the issue with the debt in his favor.

What is a court order

In which court does the bank file a claim? It depends on the terms of the loan agreement, if the creditor indicated in the agreement that in the event of a dispute, the proceedings will be held in court at the place of registration of the main office, then the case will be considered there if given condition No, only at the place of registration of the defendant.

Consequences of a court order

Most of all, borrowers are interested in the question, if the court ruled to recover the debt on the loan, what will happen next. Let's try to find an answer to it. The borrower has two options for solving this problem: to challenge the court decision or pay the debt. We will consider the first option a little later, for starters, it is worth noting what will happen to the borrower if he agrees with the court order and does not take any action.

A court order is an executive document, according to which, the defendant must comply with the will of the judge voluntarily or involuntarily. That is, the borrower can voluntarily transfer the amount according to the court order to the plaintiff, that is, the bank, and take from him a document confirming the repayment of the debt. If the debtor does not do this within 5 days (this is the period for voluntary repayment of the debt by law), then the bailiff initiates enforcement proceedings against the debtor.

As part of enforcement proceedings the bailiff has the right to take legal action to enforce the collection of overdue debts. What action can bailiffs take?

• arrest debit bank accounts and withdraw funds without notifying the debtor;
• seize a part wages;
• sell property at the place of registration of the defendant.

In a word, it is wiser for the borrower to pay the debt to the bank on his own. In addition, bailiffs may be somewhat delayed in initiating enforcement proceedings, which allows the defendant to gain some time to search for funds. By the way, if at the time of initiation of enforcement proceedings, the borrower does not have a permanent income and liquid property, and does not appear within three years, then the debt will be written off as bad.

Please note that it makes sense to familiarize yourself with Federal Law No. 229 “Law on Enforcement Proceedings”, if the bailiff improperly performs his duties and violates the rights of the debtor, then the defendant has the right to go to court and challenge the actions of the bailiff.

Cancellation of a court order

So, if the bank sued for non-payment of the loan, and the borrower received a court order, then there is a way out of this situation. By the way, the borrower may not agree with the amount of the debt, moreover, it is in the interests of the defendant to petition the court to terminate the loan agreement, for the reason that even after the court makes a decision to collect the debt, the bank may continue to accrue interest. Moreover, even if the bailiff writes off part of your salary to pay off the debt to the creditor, then the funds will be written off first for fines, penalties and forfeits, then for interest on the loan, and only then the body of the loan. In simple words, the court does not solve the main problem, namely the suspension of interest accrual by the bank. So if you get a court order, you need to take some action.

Sample letter of request for annulment of a court order

To begin with, you need to follow the deadlines, you can only cancel the order within 10 days after receiving this document. During this period you need to prepare a statement and send it to the magistrate who issued the order. By the way, the application must be written in triplicate, one will remain in court, the other will be given to the plaintiff, and the third will remain with the defendant.

Please note that not everyone understands from what day the ten-day period begins. The starting point is the date indicated on the envelope, that is, the date when the notice was sent to the defendant's address.

Judicial practice in the collection of debts on loans shows that the court rarely refuses to cancel the order to the borrower. But, there is one condition - you must have a reason for overturning the order, and the court must have a good reason. To do this, you can study the loan agreement in detail or recalculate the amount, because banks often impute to the defendant not the value that should be.

Consequences of canceling the order

What happens next after the order is cancelled? Most likely, the bank will file a lawsuit in a court of general jurisdiction, which is what the borrower needs. In a court of general jurisdiction, all cases are considered in the presence of the parties, which means that the borrower can:

• attract a qualified lawyer;
• file counterclaims;
• demand the abolition of unlawfully assessed fines;
• ask for a deferred or installment payment.

Now, in order - the bank transfers the case to the court of general jurisdiction, and the defendant receives a summons to appear at the hearing. The defendant has the opportunity to visit the office of the body in which the claim was filed and get acquainted with the essence of the claims, this should definitely be done in order to prepare as much as possible for the process.

As for protection, it makes sense to contact a qualified lawyer who will thoroughly study the loan agreement and find a way to minimize the amount payable. But here you also need to take into account that the services of such a specialist will be quite expensive, and if the amount of the claim is small, then overpaying a lawyer would be inappropriate.

If you decide to protect your interests on your own, then it is wiser to do this by filing a counterclaim against the creditor. First of all, ask the court to terminate the loan agreement between you, the reason was described above, the bank will not stop accruing interest and penalties until you fully pay it off.

Pay special attention, the bank may itself require the termination of the loan agreement, for the reason that the rapid growth of amounts in the loan account may attract the attention of the supervisory authority, namely the Central Bank, which will entail liability for the inability to control financial flows.

Next, you should carefully read the loan agreement and its conditions. Consider the fact that the lender does not have the right to accrue to you the amount to be collected that is provided for by the loan agreement. For example, the bank changed the interest rate after the occurrence of overdue debt or charged a fine that was not provided for by the contract. In addition, you can reduce the amount of the penalty, carefully study the Civil Code, Art. 333, it states that the requirement to pay a penalty incommensurate with the amount of debt is unlawful on the part of the bank and violates the rights of the consumer, that is, the borrower.

Further, if you are interested in resolving the issue with the loan amicably and do not refuse to pay the debt, then it is wiser for you to petition the court for an installment payment. You can collect documents confirming your financial situation, for example, a certificate of income, a certificate of family composition, it can confirm that you have dependent children. In general, collect as many documents as possible and prove in court that you cannot repay the debt in full due to financial difficulties. In this case, the creditor will most likely meet you halfway and you will be able to conclude a new debt restructuring agreement.

You should not count on the fact that the court will cancel your loan debt, there are very few such cases in judicial practice.

The borrower has many questions, for example, some banks sue at the location of the main office, this is a condition of the loan agreement, but in the event of a dispute, the borrower has the right to file a lawsuit to consider the case at the place of his registration, otherwise his rights as consumer. To draw up counterclaims, it is wiser for you to contact a lawyer so that the specialist correctly reflects the essence of the issue and correctly makes references to laws.

By the way, if you can challenge the decisions of the court, if you file an appeal. But this will only help you buy time, because you will only have one meeting, as a result of which the court will leave the decision unchanged or issue a new decision, which is unlikely.

Litigation with a bank: advantages

Many borrowers panic if the bank filed a lawsuit. Most debtors are only interested in one question: if the bank sued for a loan, what should I do? How exactly the borrower should act depends on the circumstances, because everyone has their own reason for not fulfilling their obligations, and the defendant has the right to provide evidence of insolvency to the court. By the way, the judge is a third disinterested person, which means that he takes into account the rights and interests of both parties to the process.

There are borrowers who are afraid that they will be prosecuted for debt on a loan. In fact, this is not true, because you are not threatened with imprisonment for debt on a loan.

Do not be afraid of the court, on the contrary, you can solve your debt problem in this way. Because you will have to pay back the money anyway, and it is wiser for the borrower to look for fundraising options. By the way, the court process with the bank is quite lengthy, you can at least win a few months to find money or at least more of the debt. And if this is not done, then bailiffs will be engaged in the forced collection of funds.

I received a letter from the bailiffs that I owe the bank a loan. I didn't receive anything at all and I don't know about any court. Is it legal?

Chances are you're facing a court order. This is the name of a type of court order to recover the amount of debt. The court order is issued solely by the justice of the peace on the basis of the bank's application for the issuance of the court order. For the issuance of a court order, the appointment of a court session and the summoning of the parties are not required. This is what distinguishes a court order from a regular court decision, which is issued only after the dispatch of court summonses and examination of all the circumstances of the case in court.

In practice, banks quite often use this particular method of collecting debts on loans. First, the borrower-debtor is sent a demand or claim about the need to repay the debt on the loan. If the borrower leaves this claim without attention, does not receive it, or is unable to repay the debt, the bank initiates a judicial procedure.

The bank pays the state duty and submits to the justice of the peace an application for a court order for the amount of the debt. Usually this is the magistrate in your place of residence, but if in loan agreement contractual jurisdiction is prescribed (for example, at the location of the bank), the bank may apply to another justice of the peace. Within 5 days from the receipt of the bank's application, the justice of the peace issues a court order. The law (Article 126 of the Civil Procedure Code of the Russian Federation) expressly provides that with a court order is issued without trial and summoning the parties to hear their explanations.

The judge sends a copy of the issued court order to the debtor, and if within 10 days from the date of receipt of the order the debtor does not respond to it in any way (or does not receive a letter at all), the court issues a court order to the bank or sends it directly to the bailiff service at the place of residence of the borrower. The court order itself has the force of a writ of execution, therefore, upon receipt of it, the bailiffs initiate enforcement proceedings and begin to collect the amount of the debt from the borrower (transfer documents to the debtor’s place of work to withhold part of the salary, seize property and settlement accounts, etc.).

What to do if you receive a court order?

• not to waste time and, within 10 days from the date of receipt, file an application for the cancellation of the court order ( objections to its implementation). The countdown starts from the day following the date of receipt. Do not throw away the envelope from the letter with the court order - the date on the postmark can help confirm the date of receipt;
• you can find the address, website and contacts of the justice of the peace section on the website of the State Antimonopoly Service "Pravosudie";
• there, on the websites of justices of the peace, samples of statements are usually posted, incl. for the annulment of the order. For example, for residents of the Vologda region they are posted;
• the application is submitted in 2 copies - one for the court, the second for you, on it the office of the justice of the peace must put you a mark of receipt;
• if the justice of the peace is in another city, send 1 copy of the application for the cancellation of the court order by mail (preferably by a valuable letter with a list of attachments and a return receipt).

What to do if you already learned about the court order from the bailiffs?

• apply to the justice of the peace with an application for the cancellation of the court order according to the scheme described above. In the text of the application, indicate that you did not receive a court order;
• simultaneously with this application, submit to the court a written application in 2 copies in any form for the issuance of a court order (as usual, one copy for the court, the second for you to mark receipt by the court);
• if it is not possible to cancel the court order, you have the right to file a cassation appeal against the court order that has entered into legal force to the presidium supreme court your region (in Vologda, this is the Vologda Regional Court);
• You may also ask the magistrate who issued the writ to stay the enforcement proceedings before your complaint is heard.

What happens after the order is cancelled?

• within 3 days from the date of cancellation of the order, the justice of the peace must send you a decision to cancel the court order;
• the court order is withdrawn from the bailiff service;
• your collector - the bank - will have to go to court in order to collect the amount of the debt in the order of general action proceedings. In this case, the court will send you the text of the statement of claim and summon you to the meeting with subpoenas. You will be able to participate in the process in person, contest the claim, make motions and defend your position.

Based on the evidence base and the application received from the interested person, which is considered at the level of local government, a court order is issued to collect the debt. The applicant may be a bank, state organization, for example, housing and communal services or another person to whom the defendant has unfulfilled obligations.

Depending on the reaction of the parties, the further development of events can be either global (if the debtor agrees with the requirements of the creditor), or with the opening of enforcement proceedings and confiscation of property (if the debtor ignores the requirements). There are many nuances in this situation, and the applicant is not always completely right.

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What is a court order

For the most detailed information about what a court order for recovery is, read Article 121 of the Civil Procedure Code of the Russian Federation. For a simple understanding, this is a legal ruling that is issued as a result of consideration of the application and documents submitted by the party to which you are indebted.

The order refers to executive documents that impose certain obligations that must be fulfilled within the allotted time. The decision is made by the world court, so there is a benefit for both parties, which we will talk about below. The document can be challenged if there are grounds for it.

Who issues the order

The injured party collects documents against the defendant and submits an application for a court order to collect the debt to the world, city (district) court. The procedure is simple, but still requires legal assistance at least at the stage of preparing an appeal to the court.

The claimant sets out his requirements, referring to the grounds and evidence, confirmed by the collected package of papers. If everything is done and executed correctly, the judge has the right to single-handedly decide on a decision.

Differences from filing a claim

As shows arbitrage practice, banking institutions prefer to collect their money from debtors through an order, without filing a lawsuit and proceedings. This is due to the fact that such a procedure is simpler, faster and the decision depends on the judge alone. There is no trial, no need to summon the applicant and the debtor to the courtroom.

For example, a court order to recover a debt on a loan differs from a lawsuit in that the defendant will not be able to put forward counterclaims and will not be able to prove his absence of guilt. time and Money spend less. If the standard process can take about a year and a half, then the simplified one usually takes from several days to several weeks.

Since the procedure is simplified, in the case of credit institutions it is permissible only in relation to consumer loans without guarantors and collateral. If they have a place to be, the dispute is resolved only by claim.

Claim proceedings begin if the debtor seeks an annulment of the decision. Not many citizens are aware of their rights, so it makes sense to immediately contact a specialized lawyer who will tell you whether it makes sense to oppose in your individual case and what the consequences may be.

Benefits for the lender and debtor

For a creditor or other party interested in the return of money, debt collection through a court order is beneficial primarily in the speed of resolving the issue and the simplicity of the process. The judge does not call any of the parties to the meeting, making a decision on the basis of the submitted application and documents and notifying the decision on his own. That is, the borrower is often simply confronted with a fact - there are requirements, pay. The benefit is that resolving the conflict by issuing a court order deprives the borrower of the opportunity to further defer payment, ask for an installment plan or reduce the fine.

For a debtor who recognizes a debt, this form is also more profitable than a lawsuit, since there is no need to bear additional costs for a lawyer, to pay for the associated costs of the plaintiff. The downside is that there is no way to familiarize yourself in advance with the requirements of the lender, voiced in the application (although in practice they indicate the same ones that were sent to the debtor before going to court).

Procedure for issuing a court order

The procedure for collection is simple:

• The lender pays the state fee and applies to the Magistrate's Court with an application at the place of residence of the debtor;
• The judge considers the situation according to the submitted documents in a few days;
• An order is created, communicated to the respondent.

If the amount of the debt exceeds 500 thousand rubles, a claim is already filed, and this procedure is more complicated and longer.

Reasons for refusal to issue an order

The Magistrate's Court may reject a creditor's application if:

• The application is executed incorrectly, not all the details are presented, the circumstances of the case are not disclosed;
• There are no documents confirming the facts specified in the application and substantiating the applicant's claims;
• The Borrower no longer resides in the Russian Federation;
• The statute of limitations has expired.

If the reason for the refusal is correctable (incomplete package of documents, incorrect execution), it makes sense to reapply.

In what cases can a court order be issued?

The main reason for collecting money through a court decision is a debt that the debtor does not return for a long time (from three months). The most common reasons for issuing a warrant are:

• Unpaid bank loan;
• Unpaid alimony for a minor child (if there are no disputes at the place of his residence and payment for other children);
• wages not paid by the employer;
• Violation of the terms of a notary agreement or a formalized transaction (unpaid services, goods);
• Application of state structures (debts on housing and communal services).

For all cases, you need your own package of documents, without which the judge will not consider the case. If there are aggravating circumstances in the conflict, multiple violations, the requirements are not only the repayment of debts, a lawsuit is filed and meetings are held.

Two options for action after receiving a court order

1. Fulfill the specified requirements within the announced period - repay the debt in full.
2. Start the procedure for challenging the order - 10 days from the date of delivery of the document are given to file an objection.

If no objections are received from the debtor within ten days, in accordance with the Code of Civil Procedure of the Russian Federation, the defendant is considered to agree with the requirements.

Cancellation of a court order - filing an application

Regardless of the circumstances that led to the issuance of the court order, a copy of the document must be sent to the address of the debtor. Delivery takes place under the personal signature of the latter. It is from the date of this signature (delivery) that 10 days are counted, during which a person has the right to petition for the annulment of the judgment.

When the court order is canceled, the defaulter is not released from his obligations, but this gives him more time to defer payment. This time can be used to agree on a debt restructuring or installment plan.

The fact of disagreement in the form of an official statement to the office of the Magistrate's Court is the basis for canceling the order. It is not necessary to collect any documents for contestation in this case. It takes up to three business days to consider disagreement and cancellation, after which the result is communicated to both parties. However, further the relationship between the debtor and the lender will no longer be decided in the magistrate's court and with lawsuit proceedings. Therefore, it is worth thinking before taking rash actions if you are the wrong side of the conflict.

What to do if the deadline for filing an objection has already passed

The law provides for the possibility to apply for an extension of the deadlines for filing an objection if they were missed for good reasons, which are described in the application. This opportunity is available only to individuals. For legal entities the presence of valid reasons must be documented and they should not raise doubts with the judge.

You can apply for an extension of the opposition period, for example, due to problems with the delivery of a registered letter, prolonged hospitalization, stay abroad, etc.

What to do if the order has entered into force

After the decision is made, a copy is sent to the non-payer, 10 days have passed, and no objection has been filed, the document is presented for execution to the bailiff. The bailiff controls all similar resolutions and monitors the fulfillment of the requirements stated in them.

The document often does not indicate the date from which it becomes legally binding. As a standard, this is 10 days after its signing, but in practice it can be transferred to the bailiff much later.

Stages of an order that is being executed:

• The decision has been made;
• Time to appeal from the non-payer;
• Transfer of the document to bailiffs at the place of residence of the non-payer;
• Launching enforcement proceedings if the requirements are not met voluntarily;
• The material condition is assessed;
• The required amount is collected by force.

With voluntary debt repayment, the process consists only of first three points, after which the case is closed.

Deadline for execution of a court order

Considering what is stated in Article 21 of the Federal Law "On Enforcement Proceedings", the document must be handed over to the bailiff within three years from the date of its signing. This means that the term for the execution of a court order to collect a debt is no more than three years. If during this time the document was lost, not transferred, enforcement proceedings will not be able to open. But there are very few such cases in practice, since the lender will not stand idle for three years.

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Lenders (private person, housing and communal services, Sberbank, bank Tinkoff and other credit institutions) are not charitable foundations. They always strive to repay the loaned money. There are several ways to influence debtors: through negotiations, by applying to the courts (world and general jurisdiction), by selling debt to collectors.

Of these methods, the most accessible and, at the same time, simplest is to obtain a court order in the world court. Here:

• minimum financial costs for the plaintiff;
• short review period (5 days);
• the case is not considered on the merits, in connection with which the presence of the plaintiff and the defendant is not provided;
• the amount set by the creditor is transferred to the court order automatically;
• the verdict of the justice of the peace has the same legal force as that issued by the district court performance list.

For reference: creditors are in no hurry to use this method because of one pitfall: when the order is canceled, the paid state duty, the so-called tax on court decisions, is not returned to the plaintiff (when it is accepted into production, the duty is transferred to the debtor's shoulders).

The order of procedural actions when issuing a court order

Life often brings surprises. When the loan was made, the debtor had every reason to pay the debt regularly. However, the illness of one of the family members, job loss, maternity leave (if the borrower is a woman), as well as other reasons disrupt the loan repayment schedules.

Under these conditions, the fact of the appearance of a court order for the debtor becomes a shock. He, as a rule, does not understand what it is, how he appeared (did not receive a summons to the court session), how to react: to reconcile or protest. The population of Russia does not know about their rights in such situations.

Let's fill in the gap in legal education and consider the situation when the court ruled to recover the debt on the loan. What should the defendant do next, how to challenge the verdict of the justice of the peace?

A court order appears during a simplified consideration of a case for the return of debt on a loan. There is no legal process as such. The justice of the peace examines the documents submitted by the bank: the loan agreement, the loan repayment schedule, the accrued penalties, and within five days is obliged to make a sole decision - to issue a court order to the creditor for the enforcement of all types of debt (loan body, interest and amounts of sanctions) on the loan through the FSSP .

At the same time, he is obliged to send a notice to the debtor about the issuance of an order to start the process of forced collection of the debt. The addressee has only 10 days to object to the decision of the judge, which is much less than with the usual litigation. Legislators justify such a period by the fact that in order to cancel the court order, it is not necessary to collect any documents. It is enough to simply announce your disagreement without giving a reason.

Before people who received such a notice, but are poorly educated in legal field, the question immediately arises whether it is necessary to prepare an objection to a court order to recover debt on a loan.

Is it worth canceling the issued order in principle?

The appearance of an order of the justice of the peace immediately creates a lot of problems for the debtor:

• a ban on leaving Russia;
• an inventory of the property and financial losses during its sale (always sold below market value);
• repeated contacts with an employee of the FSSP;
• payment of the state duty paid by the plaintiff to the budget when filing a claim with the court;
• payment of all accrued fines, sometimes accrued illegally.

Therefore, the order should be appealed in any case, even if the thought of the inevitability of debt repayment is sitting inside. It definitely won't get worse. Cancellation of the order will allow the debtor to receive some preferences.

• Start negotiating debt restructuring with the creditor. The very fact of the beginning of negotiations indicates the desire of the debtor to pay the remaining debt. In such cases, most banks go towards the debtor and revise the terms of the loan agreement. As a result, the debtor has more convenient lending conditions (the monthly amount of repayment of the loan taken decreases) and, importantly, there is no need to pay the accrued fines and penalties - creditors almost always cancel their accrual.
• The credit institution's refusal to negotiate or the lack of agreed positions on changing the terms of the contract gives the debtor several months of respite while documents are being prepared for the court of general jurisdiction. At the same time, the proceedings themselves last several months, especially if the process is correctly delayed. During this time, very often the defendant's financial problems disappear, and he manages to pay the balance of the debt, which means savings on state duty, fines and penalties.
• Personal participation in litigation enables the debtor to defend his interests and argue for the abolition of fines and penalties, as well as a forced revision of the loan repayment schedule (debt restructuring). In some cases, having received documentary evidence of the defendant's arguments, the judge recommends that he start the bankruptcy procedure for an individual.
• In the course of the proceedings, the court often cancels the penalties accrued by the bank, as a result of which only the body of the loan and interest on it will have to be returned.
• In practice, often after the cancellation of the order, creditors stop working to return the debt - more expensive for themselves.

How to write and file an application for annulment of a court order

Having concluded that it is necessary to appeal the verdict of the world court, a practical question arises before the defendant, how to cancel the court order to recover the debt on the loan? There are no difficulties here. It is enough to write a statement of objection to this form of proceedings within 10 days.

On the one hand, the document is filled out in any form: it is not necessary to indicate specific reasons for objecting to the order, on the other hand, it is filled out on a special form, which indicates:

• Number and address of the justice of the peace;
• Information about the applicant (full name, place of registration);
• Reason for contact - brief information about the order (number and date of issue), the amount of debt;
• Information about the debt collector and the debtor;
• Grounds on which the judge's verdict should be set aside. Here you can indicate specific reasons: disagreement with the amount of the debt, the method of collection, the consideration of the case in absentia. You can not indicate the reasons at all, but write that the applicant does not agree with the signed order - this is enough;
• Art. 129 Code of Civil Procedure of the Russian Federation, on the basis of which the objection is written;
• Please cancel the issued order.

Sample application.

At the end of the petition, the date of writing the application is put, after which the paper is signed.

An objection can be delivered to the magistrate in two ways:

• Bring it to the court office, where to register it, and take a copy with the date and registration number with you;
• Send by mail, preferably by letter with notification. Here the date of the postmark confirms the time of filing the petition. Even if the letter reaches the justice of the peace in a month, the statutory period of 10 days for an objection will be met.

Attention: to protect yourself from surprises, lawyers advise:

• draw up an application in 3 copies;
• attach to it the envelope in which the order of the justice of the peace came, if the letter was sent without notification of receipt, to calculate the period provided to the debtor for objection (10 days).

How likely is it that the issued order will be canceled

The simplified procedure for considering a claim on the merits in a magistrate's court, without a plaintiff and a defendant, provides for the same simple mechanism for canceling a judgment. If the debtor did everything correctly and in a timely manner, there is no reason for the justice of the peace to uphold his decision - the order will be unconditionally canceled.

There are very few reasons why the verdict of the court will be upheld:

• The defendant did not wish to object - the debt would have to be paid in any case;
• The 10-day period for filing an objection about disagreement with the order has expired (not many people know that this period is being restored, as at the end of the article);
• The debtor does not understand the essence of the judge's decision and does not know what to do after receiving a notice of a signed order for the enforcement of a debt;
• Mistakes were made while writing the application. For example, data on the place of consideration of the case are incorrectly indicated, inaccuracies were made in the personal data of the applicant or the reasons for going to court.

Attention: in order to guarantee the cancellation of the court order for the collection of debt on the loan, a sample application can be downloaded in this article.

Actions of the defendant after the cancellation of the order

Having received an application to cancel his verdict, the justice of the peace is obliged to cancel it within 1-2 days and notify all interested parties about this: the creditor, the bailiff service and the debtor. From this moment on, all actions for the forced collection of debt should be stopped.

However, the FSSP will learn about a change in the situation only after a few days (sometimes a few days turn into several weeks). During this time, the bailiff can greatly ruffle the nerves of the debtor and his family members. To prevent this from happening, it is better to deliver a copy of the decision to cancel the order to the bailiffs yourself - the law allows you to take several certified copies from the office of the Magistrate's Court.

Sometimes in the office of the FSSP they are asked to attach to the submitted documents an appropriate statement on the termination of enforcement proceedings. It is not necessary to write it, but, nevertheless, it will be better if it is executed - this speeds up the process of passing papers through the bureaucratic machine.

What to do if the deadline for canceling an order has already expired

The issuance of a verdict by a judge of the world court to collect a debt on a loan automatically includes a 10-day period for objecting to a court order. However, for a number of reasons, this time may be lost. In this case, it is possible to restore the specified period.

Note that the time for filing an application with a request to cancel the order for compulsory repayment of the loan does not start counting from the moment it is issued to the creditor, but from the date when the defendant becomes aware of this. This may be a letter from the court or a signature on the documents of the bailiff about familiarization with the materials of the enforcement proceedings. By the way, the situation with the bailiff is typical - the letter is either late or does not reach at all.

The subsequent actions of the debtor are described in the Code of Civil Procedure of the Russian Federation (Article 256):

• a petition is written to the court for the renewal of the deadline;
• at the same time, three forms of objection to the issued order are filled out;
• documentary confirmation of the reasons for the failure to submit the application is being prepared;
• all papers are transferred to the court office or sent there by Russian Post.

The deadlines will be changed if it is proved that the debtor was physically unable to complete the application within the specified deadlines due to:

• Diseases - a certificate from a doctor or from a medical institution;
• Being on a business trip - a copy of the travel certificate or an extract from the order from the place of work;
• Receipt of a letter with notification by another family member - signed for the letter and forgot to give it to the addressee;
• Actual residence at a different address. The loan agreement indicates the place of permanent registration, which does not coincide with the place of residence. The letter is sent to the address specified in the contract. Therefore, the debtor could not physically receive it. Confirmation of this situation can be various payment documents with the name of the debtor and the address of his actual location (for example, zhirovki).

Attention: if the debtor learned about the order independently before the received letter, the period is calculated from the date of delivery of the notice.

If the reasons are not valid, there will be no change to the deadline.

Conclusion

For the lender easy way to return your money - to receive an order for the enforcement of a credit debt. In this case, the debtor should not hesitate to file an objection to the court's verdict. Application forms can be taken directly from the court office or downloaded and printed from Internet resources ( the application can be completely written by hand, but according to the form of the form - there are no prohibitions on this).

If the deadline is overdue, there are opportunities to restore it. To do this, an appropriate application is written to the name of the judge with the attachment of documents confirming the validity of the reasons for which the debtor could not file an objection in a timely manner.