Objection to the court order: practice questions

Any judgment can be appealed. The issued act can always be appealed to a higher authority. It also happens when you submit an objection to a court order. In what form it is done and how you can protect your rights - let's talk about this in the article.

The concept of

Before filing a complaint, it is necessary to understand what a court order is. The CCP answers this question. If to explain in simple language, then such a production can recover a sum of money or movable property. And the debtor is summoned to the court session, and in general there is no such meeting. This is a simplified form that is used in the world court. Thus, the debtor is already faced with the fact that they send him a letter with a copy of this decision. But there may be an objection to a court order. Let's consider this question.

Term

If you do not agree with the decision, then there is a limitation of the period within which a complaint must be filed. This is a period of 10 days, during which you can submit an objection to a court order. Do not be scared if the deadline is missed. You can still try to restore it. In this case, you have to petition before the court with the motivation of why you missed this period.

Formal bases

If the time is right for you, there may be other reasons why you may be refused acceptance. First of all, this is an incorrectly formulated objection to a court order. It is important to understand that the court is obliged to cancel the order if there are objections from you. But the fact is that the plaintiff can demand execution in the context of the lawsuit, so the matter may not be solved. It is necessary to write at once in the objection the motivation for why the court order should be canceled - this is a reserve for the future, if a lawsuit is filed against you.

Content

An objection to a court order is made in the following form. In the "cap" write the number of the court site that issued such a definition, your name, surname, patronymic, registration address and address of actual residence, telephone. You already know the title of the document. Then follows the main part, which begins with when you received a court order (exact number), as well as with respect to what (for example, repayment of debt). Then you state that you do not agree with the above, and then follows the reasoning part why you came to this conclusion. In conclusion, ask to cancel this court record, put a number and signature.

Conclusion

If you missed the deadline, then, as already mentioned, it can be restored. But there is also an appellate procedure, within which you can also appeal. It should be said that an objection to a court order must be drawn up by a professional lawyer. If you are confident in your abilities, then, of course, you can try yourself. But if there are problems, which in most cases involve motivation, then contact a lawyer. Such services are not very expensive, because mandative production is the simplest type. Thus, objections are the main opportunity for appeal, which gives a virtually 100% chance that the decision will be canceled.