Judicial Order for Debt Collection: Sample

A court order to collect a debt is a very tricky tool, to which credit organizations resort to get money from the debtor.

Most citizens who have rarely encountered ships do not understand the specifics of this type of decision. We will try to explain most easily what a court order is about recovering a debt.

Decision or order - what's the difference?

Resolution in the form of an order has the following features:

1. It is published on the basis of documents that are indisputable from the point of view of the law, for example, a loan agreement, an organization license, etc.
2. The consideration of cases takes place without participants. The judge will not hear any arguments or justifications from the debtor.

This means that the case was decided not in favor of the defendant a priori.

If the court sees evidence of a party without appeals and other material, then there can be no doubt what will happen next - the issuing of a court order to collect the debt. A citizen paid it or not, maybe the contract is signed by another person - it's of no interest to anyone. Let's ask the question: is this consideration fair?

Hence the conclusion: the court order to recover the debt is not a judicial decision based on the adversarial nature of the parties and the equality of all before the Law.

Conditions of occurrence

This form of determination is issued when the applicant's claim meets one of the following conditions:

1. The transaction is executed in writing, for example, a loan agreement between the borrower and the lender.
2. The demand is based on notarized documents, for example, creditors for the debtor's debts.
3. Claims for alimony.
4. On recovering the amount of arrears on wages, etc.

Thus, a court order to collect a debt can be made by a judge in the sole case without the participation of the parties. Now about how to appeal it.

Can not I appeal? We will cancel

If you carefully look at the court order to recover the debt - the sample contains a curious inscription: "The court order is not subject to appeal". Legally unprepared citizens make only one conclusion from this formulation - arguing is useless.

Indeed, it is impossible to appeal such an order, but under the civil procedural code it can be canceled. This item, for obvious reasons, does not contain a judicial definition.

Cancellation Policy

The cancellation of the order is envisaged by a special procedure - it is enough simply to write an objection to the judge who made the decision, that the citizen does not agree with the ruling. There are no explanations, comments, excuses to do. The law also states: if the defendant does not agree with the decision - the judge must cancel it.

Procedural terms

The time period for writing an objection to a court order is limited. The debtor is obliged to write a corresponding objection within ten days of receipt. If you do not have time in time, then it's quite problematic to restore the time. Hence, we will have to pay, as they say, in full, with all fines, penalties, penalties that could be reduced in court. They can sometimes run up so much that the sum of the main debt will seem "copecks."

Did not know about the trial! What to do?

The most common situation is when citizens do not know anything about the judge's decision on their case. But, as they say, ignorance does not absolve from responsibility.

Courts should be warned by registered mail with notifications of the order and timing of the decision. But often it happens that the debtor learns about the meeting only when bailiffs have blocked all bills. And it is also good that they left money for bread, sometimes they take everything off to a penny in violation of federal laws.

But we will not consider the proceedings with the Federal Bailiff Service. It is important for us to find out what to do when a citizen really did not know anything about the court order, and the ten-day period established by law came out. There really is a way out.

Restoration of procedural terms

In order to be able to file an application for a court order to recover a debt, you must first write a relevant application for restoring the missed procedural ten-day period.

This can be done either as a single document or as separate documents. The decision for each is taken separately, that is, the judge first decides: whether to restore the deadline, and only then cancels the order. Without a relevant petition, the court will not consider the case. There will come a response with various excerpts of laws and regulations, in which one small, but the most important wording will be lost: the court order to recover the debt under the loan is not canceled, as the procedural period is missed. Translated into a "publicly available" language, it follows that: "we did not cancel the decision, because you yourself did not write a petition for the restoration of the term."

Reasons for the restoration of deadlines

The reasons for which the court will allow to file an objection are several:

1. Business trip.
2. Disease.
3. Illiteracy.
4. Another reason that the court will seem respectful.

As for the first two points, here it is more or less clear. Illiteracy does not mean legal illiteracy, as many people think: they say, I'm not a lawyer, so I do not understand anything. Here we mean the inability to read and write.

If a citizen really did not know anything about the court decision because he was not informed, it falls under the fourth point - another reason that is recognized by the court as valid. This is due to the fact that the offices of the world courts send correspondence by ordinary letters, which are lost on the way to the addressee (unless, of course, the decision was sent at all). There are a lot of cases under consideration by justices of the peace, hence similar problems.

Sample application for debt collection by court order

If the creditor is not returned debt obligations, then, attaching the necessary written documents confirming the transaction, he can apply at the place of residence of the debtor. In the upper right corner, you must specify the following data:

• Name of the court.
• Applicant's data.
• Place of registration.

Further from the middle there should be: "Application for collection of debt on a debt receipt". And below is the essence of the claims on the basis of the evidence provided. For example, citizen AA Petrov, who lives and is registered at the address: ... (further it is necessary to indicate the data), borrowed the amount of money, which is confirmed by receipt. To date, the required amount has not been returned. On the basis of the foregoing, I ask you: to demand from the citizen Petrova A.A. to return the money, as well as the state fee in the amount of: ... (further specify the amounts).

Remember that the state duty for debts is paid initially by the plaintiff, and only when the case is resolved in his favor is it transferred to the defendant. After the requirements, it is necessary to indicate in the attachment documents proving the applicant's position: loan agreements, promissory notes, bills of exchange, and other documents confirming the right of claim.

conclusions

We hope that we have explained in an accessible language what is a court order to collect debt obligations. Recall that this is not the final decision, which can not be canceled.

The court order is a simplified form of the claim for debts, which both parties recognize. But if the citizen does not agree with this form of decision, which is taken by the judge alone without the participation of the parties, then it can be canceled without explanation of the reasons by the appropriate petition.