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Statement on the restoration of the missed deadline: a sample of writing, the procedure for filing, valid reasons for the restoration of terms

In the civil process it often happens that the defendant learns about the trial not from the agenda by mail, but from the bailiffs. And it is good that they still contacted debtors before the seizure of bank accounts and seizure of property. Often life brings unpleasant surprises, when instead of the promised notice of salary comes an alert about writing off money to pay the debt. After that, citizens try to defend their rights, but all the terms are missed. What to do in this situation? There is a way out - a statement on the restoration of the missed deadline. Is there any point in it and how to write the petition - in detail further.

Recovering missed procedural deadlines: is there a chance?

According to the civil procedure code, if the deadline for filing is out, in certain cases the court can make a concession. The first thing you need is to write a statement on the restoration of the missed deadline. Without it, any procedural action, the terms for which came out, the court will not be considered. Even if a person is a thousand times innocent, and the judge will understand this, he simply has no right to revise the verdict without a relevant motion (decision) on the restoration. Otherwise, it will be a gross violation of the lawsuit.

Therefore, one should not think that "the judge is bad and unjust" if he rejected the decision because of missed deadlines. Know: this is the norm. The solution is to write a statement on the restoration of the missed deadline.

Where should I serve?

Many are experiencing difficulties: where to file a petition? The application for the restoration of the missed period shall be submitted to the place where the case will be examined. For example, the magistrate of the district No.XX Leninsky district of Any city issued a court order. The deadline for its cancellation is 10 days. The citizen did not have time to write an objection to the cancellation for a good reason. As a result, he submits a petition for restoration to the magistrate of district No. 5 and an objection.

Cassation - a special order

However, it should be borne in mind that the restoration of the deadline for filing a cassation appeal is an exception to the general rules. To apply, you must first obtain permission for this in the court of first instance, where the case was examined. This is a special order, which deals only with cassation. For example, a citizen lost the district court, then an appeal. The next instance is the cassation. Despite the fact that the complaint must be submitted directly (in contrast to the appeal, which is filed through the district court), it will be necessary to restore the time in the district court. After the first instance takes a decision on the restoration, it must be appended to the cassation complaint and submitted directly to the appropriate regional presidium of the court.

To whom they restore

In accordance with the Civil Procedural Code of the Russian Federation, it is necessary to have a reason why the terms were violated. These include:

  • Disease.
  • Business trips.
  • Illiteracy. It means the inability to read, write, count, and not ignorance of legal laws and terms, as many people think.
  • Another reason that the court will seem satisfactory.

Often the latter is ignorance of the court session. That is, citizens are not warned, as a result of which they miss deadlines. Often this is the sin of world judges when issuing court orders. Most statements are related to them.

Sample recovery deadline

In the application it is necessary to write about the following:

"Such a number of such and such a court considered case No.XXX on the claim of Bank" I want "against citizen Ivanov II I received a court order under which I am obliged to return to the Bank" I want "a sum of money under a loan agreement in the amount of 5000, 23 rubles, as well as state duty - 300.09 rubles.

A copy of the court order I received only a certain number, as a result, I was missed the deadline for filing an objection. Before that, I did not get any copies. I did not know anything about the decision. Together with this application (petition) I will be objected to a court order.

On the basis of the foregoing, I ask:

  • Recover the missed procedural deadline for filing an objection.

Application:

  1. Copy of the passport;
  2. Copy of the objection on the number of persons participating in the case ".

Number, signature. And that's all. Our statement is written. Of course, you can specify references to laws, but this is not necessary.

Correspondence decision

There is a simplified form of decision-making, it is difficult to cancel it and restore the deadline for cancellation. This is a correspondence decision. According to the law, an objection is filed within seven days. In the case of a pass, it is also permitted to restore the period. However, not everything is so simple: if more than 38 days have passed, namely the period when the time limit for appeals has passed, then the right to serve will not be restored. So decided the Supreme Court in 2015. The only thing that can be done in this case is to restore the right to appeal. But it is worth considering that it is submitted through the court that issued the initial verdict.

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