The court order. The Essence of Decree Production

A court order is nothing but a court decision handed down by a judge alone, the basis of which is a statement on the collection of financial debts, as well as the demand for movable property from the debtor .

The court order is enforced in the appropriate order of execution of judicial decisions. A special feature of the court order is the absence of the need to prosecute the parties when hearing the explanations, and, accordingly, the proceedings themselves.

In the orderly proceedings, the parties are not the defendant and the plaintiff, as is customary in the proceedings, but the debtor is the person from whom the collection of the debt is required, and the creditor himself or the claimant who applied to the court. Cases about recovery of financial debts, as a rule, are in production at the judges of the peace, who act individually. There are a number of circumstances in which a single judge of a district court issues a court order, these include:

· Withdrawal of the magistrate.

· Lack of possibility to refer the case to another justice of the peace.

· Absence of judges of the peace in the district and other conditions stipulated by law.

The court order is issued based on the documents submitted by the claimant. The procedure for issuing an order is called mandative production.

The court order excludes the existence of certain debates and difficulties, so it can also be easily canceled. The order, or rather its copy, is sent to the debtor, who has the right to appeal the court order within ten days.

Cancellation of court order

The cancellation of the order issued by the judge is governed by the CCP, art. 129. The reason for cancellation is the objection from the debtor, received within 10 days from the date of the decision. The court gives explanations to the recoverer that now the claimed claim can be brought repeatedly, but already as a lawsuit. Copies of the decision on cancellation of the order are sent to both parties within three days after the removal.

Hence, if the debtor does not agree with the requirements of the court order, it can easily cancel it within the prescribed period. As for the time limit, it is necessary to correctly understand the importance of 10 days allocated by law. The fact is that the presence of a court order of the debtor must be notified in an official manner, namely, a registered letter comes to the post office , in the receipt of which the person must sign. The ten-day period will begin counting from the moment of signing the notice of receipt of a copy of the court order. A regular letter in a mailbox is not a notification for a simple reason that it could simply be stolen or mistakenly placed in another box, which implies your complete ignorance of the existence of a court order. A debtor has the right to cancel such an order even after a year.

What should you do if you receive notice of a court order? First of all, you need to save the envelope with the stamp of the post office, which indicates the date it was received. In the time allotted for the law, one should work to form an objection about his disagreement with the court order. Objection can be sent in 2 ways: independently bring to court or sent by registered mail, with a notice. In no case can you use simple dispatch, the court may not receive letters, and there are no special reasons for reacting to them by the court.

Having made such simple manipulations, you can cancel the court order. When specifying the reason for an objection, it is not necessary to write down in detail all of your position, it is sufficient to briefly point out the need to provide documentary evidence from the creditor on the amounts of penalties, fines and penalties claimed.