Cancellation of a court order to collect debts for housing and communal services

Practicing lawyer and author of 242 articles on the site

Publication date: 2018-06-04 Update date: 2019-05-03

Having a debt for utilities, you can always encounter unexpected deductions of funds from your source of income. The absence of court hearings to consider the tenant’s debts is not an indication that the debtor is not forced to repay the existing overdue payment amounts.

A copy of the court order may also not reach the addressee intentionally or accidentally. If these facts are present, it means that debts are withheld through the issuance of a court order.

You can defend your rights by writing an application to cancel a court order on utility bills using an example template that is widely available on legal websites.

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The concept of a court order

This is a special type of result of the work of the judicial body, which is enshrined in Article 121 of the Code of Civil Procedure. Made by a single judge. The basis for this is a completed application from the creditor with the necessary mandatory attachments. The creditor's appeal must contain undisputed demands with the provision of indisputable evidence of the existence of monetary claims.

The resolution is adopted without holding meetings or inviting the parties to provide explanations to the court on the merits of the issue under consideration. This means that the defendant is deprived of the opportunity to defend his interests in personal presence at the proceedings and to provide objections to the facts provided by the plaintiff. The legal explanation for this procedure for considering the case is the absence of the subject of the dispute, which makes the presence of the parties unnecessary.

Based on the order issued, the amount of money specified in the application is collected from the debtor; the limitation is the threshold of the amount of debt, which does not exceed 500 thousand rubles. Debt amounts exceeding this amount are not accepted for collection through a court order.

Such a resolution is both a decision on the case under consideration and an executive document. In turn, on the basis of the received writ of execution, the claimant has the right to initiate enforcement proceedings for the forced withdrawal of amounts ordered by the court.

What to do after the court order is canceled?

If the court order is canceled, further collection of the debt is possible only through legal action. Moreover, since the order is both a court decision and an executive document, the collection process that has begun is terminated until a claim is filed and satisfied in the case.

Consequences of canceling the order for the claimant

​The decision to cancel the order is formalized by a ruling of the magistrate. The definition explains to the claimant the main consequence of the decision - the emergence of the right to assert their claims by filing a claim. Whether or not to take advantage of this right is the decision of the creditor. If he does not use it, there will be no further progress in the collection procedure.

Copies of the ruling are sent to the claimant and the debtor within 3 days from the date of the decision.

From the position of the claimant, the cancellation of the court order is an undesirable decision , which entails the need to file a lawsuit in court. The prospect is a significantly longer trial and a high degree of probability that the court will not satisfy the claims in full.

Here we are talking about the risk of reducing the amount of the penalty, and sometimes its complete exclusion from the amount of the claim. In addition, the courts often meet debtors halfway and satisfy their requests to establish an installment plan (deferment) or to determine the most beneficial procedure for the debtor to repay claims in another form.

Because of this, it is believed that legal proceedings are a more preferable option for debtors.

Are there any positive aspects for the claimant when canceling the order? Their presence and features depend on the nature of the requirements and the circumstances of the case. But, taking into account judicial practice, two general points can be distinguished:

1. Often, not all requirements can be included in an application for a court order, and sometimes the applicant himself does not do this, fearing that the court will not satisfy them in full. In this regard, claims are not particularly limited. Depending on the circumstances of the case, you can include in them not only the principal debt, interest on loans or borrowings, but also collect a penalty, interest for the use of other people's funds, compensation for moral damage, the amount of lost profits, direct damages and some other amounts based on the type and terms of the contract. Of course, filing demands does not mean that they will be satisfied, but you can fight in court. Order proceedings do not provide such opportunities.
2. Canceling the order leaves a chance for an out-of-court settlement of the debt problem. Of course, such a solution is a compromise. But sometimes it is more effective to repay at least the main debt at the least cost than to open a long, costly process with unclear prospects. Here it is appropriate to remember that the main task is to repay the debt, and the court decision still needs to be executed, which can be problematic.

Consequences of canceling an order for the debtor

Filing objections to the execution of an order is a common practice. However, sometimes debtors do not really understand why this is being done and perceive the cancellation of the order as a mandatory action. This is wrong.

When preparing and filing an objection, the debtor must clearly understand what and how he will do next. After all, the problem with debt will not go away. Therefore, the task is not simply to cancel the order, but to use this opportunity to your advantage.

What can be done by canceling an order:

1. Claim proceedings involve personal and (or) through a representative participation in a full-fledged trial. The debtor has the opportunity to personally convey his position to the court, argue it and prove it.
2. As part of the claim proceedings, you can file objections to the claim or file a counterclaim - that is, take an active position in the process and outline your demands on the claimant.
3. Practice shows that when considering a claim, courts often reduce the claims made by the plaintiff and (or) exclude some of them from the list of satisfied ones. The burden of proof here lies with the debtor, but the very opportunity to do so is a positive thing.
4. In court, it is possible to achieve a mitigation of the procedure for executing a court decision compared to the standard one. In most cases, this is exactly what the debtor is counting on. And for good reason.

What should the claimant and the debtor do when canceling an order?

Considering the main consequence of canceling the order - the opportunity to re-state claims in the form of a claim, the claimant must determine for himself whether to exercise this right or not. The debtor has no choice but to wait for further decisions and actions of the claimant, and if he files a claim, prepare for the trial.

Some particular nuances:

1. If it so happens that the order is canceled simultaneously with the restoration of the deadline for filing objections and enforcement proceedings are already underway at this point, the debtor must take measures to terminate it. To do this, you should send the bailiff a copy of the judge's ruling to cancel the order along with an application to terminate the proceedings. You must refer to clause 5, part 2, art. 43 of the Law on Enforcement Proceedings.
2. If the order is cancelled, the state fee is not refunded, but its amount can be counted against the amount of the state fee paid when filing a claim. This aspect should be reflected in the calculation of the amount of the claim (state duty) and in the statement specified in the claim or in a separate petition document.

Filing a claim by a claimant is subject to a 3-year statute of limitations. This means that the claimant does not necessarily have to go to court again immediately after the order is cancelled. But, on the other hand, time is precious. And if you postpone making a decision, it is only to try again outside of court to reach an agreement with the debtor.

Perhaps the seriousness of the debt collector’s intentions will make him more accommodating, and it will be possible to find a mutually beneficial solution to repay the debt. If a compromise is found, it is necessary to draw up a written agreement and notarize it.

If the debtor refuses the agreement or fails to comply with the terms of the agreement, nothing will prevent you from filing a lawsuit.

Source: https://law03.ru/society/article/sudebnyj-prikaz-otmenen

Actions of the debtor when receiving documents from the court

Regardless of the fact that this type of court decision is indisputable, the received document is subject to appeal, and the possibility of its cancellation exists. The appeal procedure is as follows:

1. Receive case materials from the court.
2. Within 10 days from the date of receipt, file an objection addressed to the magistrate who made the decision. The reason for missing the appeal deadline can only be a valid reason, officially confirmed. For example, the defendant’s illness is confirmed by a certificate of incapacity for work. You can also restore the deadline for filing objections by proving that the debtor did not receive an official letter.
3. Hand over the completed objections personally to the court office, with a note on the second copy indicating receipt of the document, indicating the incoming number and a transcript of the name of the responsible court official. Another way to deliver written objections is to send them to the court by mail. It is important that the shipment takes place by registered mail with notification and a list of attachments.

In the case of an already accomplished fact of enforcement proceedings, it is necessary to apply to the court with an application to cancel the results of the proceedings. The reason is the debtor’s failure to receive the papers, which led to the impossibility of reviewing them. At the same time, a petition is filed for the provision of case materials in two copies.

At the same time, the debtor must know that when drawing up his objections, justification for his actions is not required. The law provides the right to cancel an order only on the basis of disagreement, which, based on Article 129 of the Code of Civil Procedure, is an indisputable right of a citizen.

The reason for the appeal may be the need for a delay to find the necessary funds to repay the debt or disagreement with the amount declared to be withheld. There are no exceptions when a penalty is imposed on a person who is not related to the debt.

Also, disagreement on the part of the debtor creates a controversial issue that should be considered in the standard manner. Based on the canceled document, the court does not begin legal proceedings to consider the subject of the dispute on its own initiative.

In turn, the creditor has the right to re-apply for a resolution in the general manner. The obtained time can be used by the debtor to prepare for the process and collect information in his favor. Another important point may be the evasion of payment of all duty costs, the obligation of which arises upon the entry into force of the resolution. A canceled court order makes it possible to resolve the debt issue voluntarily.

In the event of deductions that have occurred and if there is a decision to cancel the court order, the debtor has the right to initiate a reversal of the decision with the return of amounts that, in the opinion of the debtor, were illegally collected. This happens by filing a separate claim with the magistrate.

Consideration of the objection on its merits

When considering all objections from the debtor, the court takes into account many factors. They are mainly related to the evidence provided. Given the importance of the issue for both parties, the court considers such appeals quite quickly.

The fact is that on the one hand there is the claimant, who suffers losses due to lack of payment for the services provided, and on the other, there is the debtor, who may be deprived of comfortable living conditions and convenience in housekeeping for no reason. Therefore, such meetings are held over several days. For most situations, the period does not exceed 10 days from the date of filing the complaint.

Receiving a court order is not a cause for despair. You should collect documents confirming the defendant’s case as quickly as possible and go to court to annul the decision. You can appeal not only the fact of having a debt, but also its size, as well as the amount of penalties. If all evidence is presented, the court will side with the applicant.

How to cancel a decision correctly

An application to cancel the order is submitted personally by the citizen who is the defendant in the case or through registered mail. If the interests of the defendant are represented by another person, a power of attorney is required to certify the authority of the representative.

The recipient of the application is the court authority that made the relevant decision.

There are no specific requirements for the form of objection in court proceedings. There are no legal restrictions, but based on the general rules of office work, it is important to comply with the following conditions:

• the applicant’s data is filled out in full, the address of actual residence and contact information are also indicated;
• the document should be entitled: “Objections”;
• the main part is devoted to reasoned (not necessarily) disagreement with the published document;
• in the petition part, it is necessary to clearly indicate the request to cancel the decision;
• The appeal is signed by the applicant personally and the date of writing is indicated.

There is no requirement to pay a state fee when submitting an application.

The judge must issue a decision on the submitted application no later than three days after registration of the application. If the debtor refuses to issue a canceling order, he may appeal to the arbitration court with a complaint against the court of first instance. The following documents are attached to the complaint:

1. A court order for debt collection with evidence of the date of receipt of the papers.
2. An application to cancel the order with supporting information about its submission to the court.
3. Resolution on refusal to cancel an unlawfully adopted document.

When applying to arbitration, a citizen pays a state fee of 300 rubles.

The practice of canceling orders benefits debtors, as it is a kind of delay for making the right decision or carrying out preparatory measures before upcoming litigation with utility companies.

Utility debt is a nuisance that anyone can face. Timely payment of receipts is the responsibility of the tenant or owner. If the terms of the contract are ignored by the owner or tenant, the law sides with the management company. The management company has the right to demand money with the help of a higher authority. It is possible to avoid debt repayment, since the law provides for the cancellation of a court order to collect debts for housing and communal services.

New rules for recovery based on a court order

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The general provisions for the provision of public services are described in Government Decree No. 354 (as amended in 2019). The document also specifies the maximum duration of non-payment without consequences. Then the manager has the right to initiate debt collection proceedings. In 2020, a new procedure, approved in 2020, is in effect - before this, the system worked on a different principle.

Old practice

Previously, the law had a more favorable attitude towards defaulters.

For each debtor, the management company was obliged to take a number of actions:

• send a written notification of the existence of a debt, or notify in person (by an employee of the management company);
• provide an opportunity to fully repay debts within a calendar month;
• propose to enter into an installment agreement for partial repayment at the end of each billing period.

For respectable citizens, such a mechanism was gentle, since there are more opportunities to find money and pay off the debt. However, this freed the hands of malicious defaulters. The management company could go to court for recovery only after these attempts at settlement and with confirmation in the form of signatures on notices and copies of agreements. This allowed some debtors to evade payments for several years.

Today

The procedure has changed in 2020. The participation of the defaulter before filing a claim was simply excluded. The organizations are requesting a court order. The issue of his extradition is considered quickly and unilaterally.

The updates are described in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2016, which approved a new notification and collection process:

1. Three billing periods must pass from the onset of debt formation. Until this moment, the Criminal Code does not have the right to initiate the procedure.
2. After 3 months of non-payment, a notice is given. It indicates the amount of unpaid utilities with recommendations for repayment, usually a specific date. The opinion that such a notice must be served in person is erroneous. It is not recommended to draw analogies with a summons to the military registration and enlistment office here. Timely payments for housing and communal services are the responsibility of a citizen, who must independently control the occurrence of an unpaid balance (Housing Code of the Russian Federation, Article 153).
3. If the organization's recommendations are not implemented or ignored, its representative goes to court. The reason is indicated, documents confirming the existence of the debt are attached - statements, receipts.
4. An important difference from the old procedure is that the court does not summon both parties. Review takes place within 5 working days (Article 126 of the Code of Civil Procedure)
5. The management company is given a copy of the court order. The highest authority makes a decision in favor of the organization and gives the opportunity to collect the debt.

As a result, it is almost completely impossible to influence the proceedings. It is difficult to avoid the return of funds, so the defaulter can only challenge the court order to collect the debt for housing and communal services. But first you need to understand the essence of the document and what you need to follow to resolve the problem.

Watch the video: “Cancellation of an order to collect debt for housing and communal services.”

Explanation of the term “court order”

The document is mentioned in the Code of Civil Procedure of Russia. Based on Art. No. 121 – a court ruling has the force of an executive act.

Features of the order in litigation with housing and communal services:

1. Availability of grounds - a statement from the management company with evidence of the validity of the claims in the form of attachments.
2. The defendant in the claim is not invited, based on the irrefutability of the plaintiff’s claims. The logic is there - there are no fees for utility services, which is already a violation. The debtor's opinion is not taken into account here.
3. According to the issued order, you can recover no more than half a million rubles of debt.

A court order for housing and communal services debts has several functions:

• decisions on a claim - issuance means recognition of the rightness of the plaintiff-creditor;
• executive – sufficient to begin the process of paying off debts;
• grounds for initiating enforcement proceedings.

The speed of processing an application is the main danger for those who, for some reason, are really not aware of the existence of unpaid utilities. The first alarm bell may be receiving a copy of the decision by mail (the duty of the magistrate - Article 128 of the Code of Civil Procedure of Russia).

In this case, the situation has already been resolved in favor of the Criminal Code. After canceling the court order to collect the debt for housing and communal services, it is allowed only within a certain period of time - 10 days (Article 129 of the Code of Civil Procedure). The request for cancellation must be justified.

Pay or dispute

One should not think that by expanding the rights of management companies, the legislator has worsened the situation of home owners and tenants. After receiving a copy of the debt collection order, they have the opportunity to voice their objections. This must be done in writing, no later than 10 days from the date of receipt of the document.

In order to file an objection, you do not need to collect or attach any documents. This can be done later. As a rule, a simple statement of your disagreement with the order or the existence of objections is sufficient. This is enough for the judge to cancel the issued document.

But this is not the end of the debt collection story. If the HOA or management company does not receive the payments due, they will file a claim in court. Its consideration already requires the presence of both parties, including the debtor.

The meeting is adversarial in nature, that is, the defaulter has the opportunity to present documents that confirm his reluctance to pay. For example, if the amount of payments does not correspond to the figures adopted at the general meeting. Or if the tariffs for services are unreasonably high. You can also object to the accrued penalty.

But, as practice shows, a small part of debtors file objections. Most people prefer to pay off their debts. Or he discovers that the required amount has been forcibly debited from his salary account. Bailiffs collecting debts under court orders have the right to contact the bank with such a demand.

Grounds for appeal

It is desirable that the factors for appealing the court order really exist, otherwise it will be problematic to meet the deadline. Usually one or more possible options are selected.

Disagreement with the amount

The most popular solution. Sometimes the Criminal Code mistakenly indicates the amount to be paid. In some situations, it is unlawful to charge fines and penalties. If the funds specified in the order do not coincide with one’s own vision of the state of the personal account, the decision must be challenged.

To do this, you must have receipts on hand. Experts recommend putting them in a separate folder from the very beginning so that you can present data for several years at once. The more information you can collect, the more justified your position.

Postponement

Sometimes it is not possible to repay the debt within the deadlines established by the management company, and then by the court, for good reasons. They may be the lack of registration in the region, serious illness or other unforeseen factors.

It is better to check with a lawyer about the possibility of a deferment for each case. A legal specialist will tell you what documents need to be prepared for a response to the court.

Limitation of actions

Usually, an attempt to collect old debt is a tool of unscrupulous management companies and homeowners associations. Often such lawsuits are filed to close holes in an organization's budget. A characteristic feature is that before contacting a higher authority, employees of the management company for a long time, in a persistent and aggressive manner, convince the citizen that he is obliged to pay all the arrears, threaten to turn off public services, and so on.

However, no one has canceled the limits of the claim period. When receiving a court verdict regarding old debts, you can safely appeal to this concept. According to clause 1 of Article 196 of the Civil Code of the Russian Federation, the period is three years.

Usually, as a result of consideration of an appeal from a consumer utility, the debt is frozen. They will not be able to collect it, but only until the first violation of the payment procedure. The next time you miss it, the amount will be added to the amount of the new debt. Therefore, it is better to solve the problem of the unpaid balance, request a recalculation or gradually pay off.

Order form

The executive act is drawn up in the form specified in Art. No. 124 Code of Civil Procedure of Russia. If the received copy does not correspond to them, then the decision can be successfully challenged. Most likely, this will only work once, because a simple mistake in drawing up an order will not help the debtor.

The creditor has the right to appeal again to a higher authority. At the same time, the likelihood that the verdict will again be drawn up incorrectly is minimal.

Consequences of the entry into force of a court decision

The management company must also provide justification for issuing the document.

However, it is easier for the creditor to do this, since a statement is sufficient, which indicates:

• name of the court;
• information about the organization;
• debtor data;
• history of the debt and its relevance - attached documents;
• an agreement with a housing and communal services company, which allows you to demand payment.

If doubts arise regarding the license to operate a management company, the court may return the application, in accordance with Art. 125 Code of Civil Procedure of Russia.

If all the necessary papers are available, then a fairly small number of receipts for the latest billing periods. The court order is issued in 2 copies. The first is handed over to the plaintiff, a copy is sent to the debtor in the form of a notice. The second one is certified by the official seal and sent to the local bailiff department.

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Algorithm of actions for challenging

The easiest way is to pay off the debt. However, it is only suitable for situations where a situation arose due to the user’s carelessness. In other cases, the court's decision should be challenged.

You must act immediately upon receiving a copy of the order. From this moment, a countdown of 10 days is initiated, after which it will not be possible to change the situation in your favor.

If it is impossible to appeal the decision during this period, then there must be valid circumstances:

• long business trip;
• being in a medical facility;
• other reasons.

The highest authorities must be notified about this. If there is evidence, the period has the right to be extended.

An application is being drawn up to cancel the court order to collect housing and communal services debt. The appeal should be submitted to the higher authority that made the previous decision.

You can deliver documents to the office:

• on one's own;
• through a representative authorized by a power of attorney;
• by registered mail - a less preferable option, since it takes longer and there is a risk of losing the postal item.

As a result, the court order will be terminated - the bailiff service will not be able to describe the property or close accounts. In the eyes of the law, from this moment a controversial situation is formed - in addition to the previously unconditional position of the management company, the opinion of the other side appears.

For your information: you can find a notice in the box about the start of enforcement proceedings. If a copy was not received earlier, then you must immediately apply for a stay of collection. Usually in such situations the bailiffs agree with the applicant.

Immediately after submitting the application, it is worth preparing an evidence base - checks, receipts, certificates. They will be needed in the next step. After the order is canceled, the manager will file a second claim, which will be considered during standard litigation. In the process, you will have the opportunity to prove your case, but only if there are grounds for this.

To achieve a decision in favor of the debtor, you need to:

• submit your application on time;
• give compelling reasons;
• do not make mistakes when forming papers.

The last point often causes problems due to the rush in which the appeal is prepared.

Rules for drawing up an application for cancellation

Despite the lack of strict frameworks, it is worth adhering to the drafting recommendations.

The text of the application must indicate:

1. Header with information about the applicant and the authority. You need to fill out your passport and contact information. The letter should be addressed to the magistrate who decided to issue the order.
2. Link to the resolution - details, date of issue.
3. A text detailing the reasons, entitled “Objection.”
4. The requirement to accept a document for analysis, with the signature of the citizen and the date of application.

The magistrate reviews the application within 10 working days and makes a decision. If it is drawn up correctly, then the order will be canceled due to the citizen’s disagreement (Article 129 of the Code of Civil Procedure of Russia).

To avoid mistakes, it is better to draw up an application for cancellation of a court order for the collection of housing and communal services debt according to the sample.

Note: the parties in the document must be referred to strictly as “debtor” and “collector”. Otherwise, the application may be rejected due to non-compliance with the form.

Preparing an objection

Further events develop differently. The emergence of a controversial issue does not oblige the magistrate to begin legal proceedings. The management company will be notified of the termination of the collection procedure. After which the service organization has the right to file a second claim. The result is a standard court hearing with the participation of the defaulter and a representative of the manager.

The initiative can also come from the debtor. If he disagrees with the claims of the housing and communal services, he has the right to write an objection to the court order to collect debts for housing and communal services.

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Thus, the very fact of a claim against a citizen is protested. If the outcome is positive, debts may be written off or a repayment procedure may be established.

It is important to have time to collect a package of papers and evidence. After receiving notice of the order and preparing to cancel it, there are about three weeks left to collect them.

Required documentation and deadlines for submission

An application with relevant attachments must be submitted within ten days from the receipt of a copy of the order, or within the extension period established by the court.

The list of required documents should include:

• objection to the statement of claim for the collection of debt for housing and communal services;
• receipts, checks, extracts as proof of correctness;
• documents, forms confirming the impossibility of timely payment;
• power of attorney, if the papers are transferred by a third party.

The review takes place within 10 days, after which the court remains to make a decision and notify the applicant.

State fee for appeal

An application with documents is submitted without a fee. They only pay for going to arbitration if the magistrate court refuses to revoke the order. Then the state duty is 300 rubles, according to Art. 333.19 Tax Code of the Russian Federation.

Despite the undeniability of the claims, there is no need to give up or worry when receiving a notification. The main thing is to quickly submit a correctly written objection to the court order from the housing and communal services sector according to the sample and competently protest the position of the Criminal Code.

Watch the video: “How can you cancel a judge’s order to collect debt for housing and communal services.”

The only legal document that must be satisfied, regardless of the reasons and arguments given, is an application to cancel the court order. In this article we will explain the rules of preparation, deadlines and grounds for filing, as well as other nuances associated with this document.

Court order and procedure for initiating its issuance

Bankers and wives who apply for alimony are very fond of using a court order as a measure of influence. A court order is issued by a judge without the presence of the defendant and plaintiff, independently. The defendant and the court decision are notified by mail, sending him a copy of the court decision.

In establishing this procedure for legal proceedings, the state was guided by good intentions, in order to facilitate and speed up the trial. But I take into account the situation that has developed at the moment, and it is clearly not in favor of the defendants, they wanted the best, but it turned out as always. Creditors are very happy to use this nuance in the judicial system as a way to collect the maximum from the debtor.

Circumstances in the event of which a court order is issued:

• transactions with a simple written form (bank loan agreements);
• notarized transactions;
• collection of alimony if there is no dispute about paternity;
• recovery of unprovided payments, if accrued (compensation for vacation, financial assistance, wages and other payments under the Labor Code of the Russian Federation).

The procedure for a plaintiff to obtain a court order is as follows:

• sending an application to the magistrate for debt collection (sent to the court district at the location of the plaintiff);
• making a decision by the judge.

When sending an application, the plaintiff (most often a bank) attaches to it the entire package of documents confirming the debt. In the case of bank lenders, along with the loan agreement, all the papers are attached, which include commissions, penalties and even state duties. The judge always sides with the plaintiff and, as a result, the borrower must pay a huge amount. The court order will state that the entire amount must be recovered from the debtor, but at the end of the order there is a note that the defendant can provide objections.

Actions if a court order is issued against you

Cancellation of a court order is the direct responsibility of the judge if objections are received from the defendant. Therefore, having received a court order, you should never panic. Actions in case of receiving a court order:

1. When receiving a notification, be sure to mark it with the exact date and time.
2. Open the correspondence and read it in the presence of the presenter, and only after that sign for receipt.
3. Immediately draw up and submit an objection (application to cancel the court order).

What actions should be taken next?

The Code of Civil Procedure does not speak about the procedure for considering an application to cancel a court order. However, this appeal is considered immediately upon receipt by the magistrates' court.

If enforcement proceedings have already been initiated, care should be taken to suspend the case. It is better to do this on the day of filing objections, by contacting the bailiff with a request to suspend enforcement proceedings. This can be done in the form of a petition.

When a court cancels a court order for utility services, this does not mean that the conflict is settled. Next, the resource supplying organization or management company can file a claim to collect the debt from the owner of the residential premises. And then all your arguments need to be confirmed in objections to it.

Naturally, documentary evidence will also be needed regarding the actual amount of the amounts, the expiration of the statute of limitations, and errors in calculations.

How to write an application to cancel a court order for debt collection

In any court district of magistrates, on a special information stand there is a sample application for the cancellation of a court order. The application form can be obtained from the site secretary. But it’s better to prepare in advance and come to the station with ready-made objections. Therefore, we will tell you how to write objections correctly:

1. The header is filled in with the details of the person filing the objection, as well as the addressee’s details.
2. The date the court order was issued.
3. Description of the contents of the order.
4. A note indicating an objection to the execution of a court decision.
5. Reference to legal norms, namely to Article 129 of the Code of Civil Procedure of the Russian Federation.
6. Date of receipt of a copy of the court decision.

It is not necessary to indicate the reasons for objections in detail; you can limit yourself to standard phrases.

It should also be taken into account that it is better to send objections to the court in person, through the judge’s secretary or his assistant. If you send an application via Russian Post, you should definitely take care of sending a registered letter with notification of receipt. Otherwise, it will be impossible to prove timely sending of objections.

How to write a statement correctly

In order for the application to be accepted by the magistrate, it must be written correctly, in compliance with the established requirements.

The application process will look like this:

1. Let's find out in which court the hearing took place. This information can be obtained from the loan agreement, from the bank or from the court order itself. Additional information can be obtained on the FSSP website.
2. Obtain a form to cancel the court order. This can be done at the court office or downloaded from the website.
3. Complete the document. In the header of the application it is written to whom it is addressed (no. of the court district, full name of the magistrate), who is the claimant, the debtor.
4. In the text of the document, reference is made to the number and date of the court order and the grounds for its cancellation are written. The grounds may be: disagreement with the amount of debt presented by the bank for collection, expression of disagreement that the case was considered without the presence of the debtor, that the debtor was not informed about the ongoing paperwork, etc. According to the law, the debtor can simply indicate the fact of disagreement with the decision made, this should be enough to cancel the court order. Write the reason for cancellation: art. 129 Code of Civil Procedure of the Russian Federation. As a result, a request to cancel the order is written in the application, and copies of documents (for example, a court order) are attached, if necessary. The application is signed by the debtor and dated.
5. You can submit your application by visiting the court office in person. In this case, the application is submitted in 3 copies, one of them is marked with the appropriate acceptance note, stamp and signature of an authorized employee, and it is returned to the debtor. The applicant will also be able to send the document by registered mail with a list of the attachments and a return receipt.

Sample application to cancel a court order

A standard application to cancel a court order looks like this:

Application for cancellation of a court order to the Magistrate of the judicial district. from the debtor. residing at: . by court order dated __ ____ ____, case no.

__ ____ ____ the magistrate of court district No. _____ issued a court order, in accordance with which _____ was collected from me to pay off the debt ____________. The court order was issued at the request of the claimant _____. I object to the execution of this court order because I do not agree (why I do not agree - any reasonable reason). Based on Art. 129 of the Code of Civil Procedure of the Russian Federation, the judge cancels the court order if the debtor raises objections regarding its execution within ten days from the receipt of a copy of the court order. A copy of the court order was received by me ______. Considering the above and guided by Art. 129 Code of Civil Procedure of the Russian Federation, I ask:

Cancel the court order of the magistrate of court district No. ______ dated _____ on the recovery of _____ ________ (money) to pay off the debt ___________.

If an application is submitted along with an objection to cancel the enforcement proceedings, it should look like this:

To the magistrate of judicial district N ____ ________________________________ district _______________________________ region _______________________________________ (full name of the judge) _______________________________________ (address of the judicial district)

Claimant: ___________________________ (name or full name) address: _______________________________, telephone: ___________, fax: __________, email address: ______________

Debtor: ______________________________ (name or full name) address: _______________________________, telephone: ___________, fax: __________, email address: ______________

Representative of the debtor: _______________ (data taking into account Article 48 of the Civil Procedure Code of the Russian Federation) address: ________________________________, telephone: ___________, fax: __________, email address: ______________

Case N _____________

OBJECTION to a court order

“__”___________ ____, the justice of the peace of ______________________ judicial (full name) section N _______ __________ judicial district _____________________ region, on the basis of the considered application for a court order dated “__”___________ ____, a court order was issued for the recovery of _______________________________________________ (amounts of debt under the agreement dated “__”___________ ____, alimony, arrears of taxes, fees, etc.) in favor of _________________________________ with ______________________________ in (name of the collector) (full name of the debtor) in the amount of _____ (__________ ), including: ________________________________ - in the amount of _____ (__________); ________________________________ - in the amount of _____ (__________), as well as on the collection of expenses for payment of state duty in the amount of _____ (__________). The debtor does not agree with the court order dated “___”_____ ____ and with the requirements set out in the application for a court order dated “__”___________ ____, because: ________________________________________. (specify reasons) Based on the above and guided by Art. Art. 128, 129 of the Civil Procedure Code of the Russian Federation,

The court order dated “__”___________ ____ for the collection of ________________ (the amount of debt under the agreement dated “__”___________ ____, alimony, arrears of taxes, fees, etc.) is canceled completely.

Attachments: 1. Copies of documents confirming the stated arguments. 2. A copy of the representative’s power of attorney (if the objection is signed by the debtor’s representative).

"__"___________ ____ G.

_______________________/_________________/ (signature) (full name)

Example of an application form:

To the magistrate of judicial district No. ____ __________ district of the city _______________

Debtor: ____________________ (full name) Address: _____________________________ Telephone: ___________________________

Claimant: ____________________ (full name) Address: _____________________________ Telephone: ___________________________

Application for cancellation of a court order

By court order No. _____________ (if known) dated ___ _______ 2014 in favor of the claimant ___________________ (name of the bank or other organization), the debt under loan agreement No. _________________ dated ______________ (if known) was recovered from me, __________________ (full name) in the amount of _______________ rubles . I object to the issuance of a court order due to the fact that the bank incorrectly calculated the amount of the debt, and the penalty calculated by the bank is clearly disproportionate to the violation committed. Based on the said court order, the bailiff of the ____________________ department (name of the department) initiated enforcement proceedings No. _______________ (from the resolution). According to Article 43 of the Federal Law “On Enforcement Proceedings”, enforcement proceedings are subject to termination if the court adopts an act to terminate the execution of the enforcement document issued by it. Based on the above, in accordance with Art. 129 Code of Civil Procedure of the Russian Federation, art. 43 Federal Law “On Enforcement Proceedings”,

1. Cancel court order No. ________ dated __________________ 2. Terminate enforcement proceedings No. ________________ dated _____________.

00.00.0000 __________________ /___________________/ (signature) (full name)

What are the consequences of such an order for the defaulter?

After the claimant, represented by the utility service, submits a court order to the FSSP, the bailiff is obliged to:

• open enforcement proceedings, informing the claimant and the debtor about this by sending copies of the resolution;
• provide the debtor with time to voluntarily comply with the court order.

Important! If the debtor voluntarily does not comply with the court order, the bailiff:

• carries out the necessary measures to search for the debtor’s property, wherever it is located and whatever its contents;
• restricts the debtor’s travel outside the country for the purpose of evading execution of a court decision;
• seizes movable and immovable property that belongs to the debtor by right of ownership;
• evaluates the seized property and puts it up for public auction for sale;
• the proceeds are transferred to the account of the collector to repay the debtor's debt. The remaining amount of money is returned to the debtor, having previously covered the costs of enforcement proceedings.

These measures are applied without fail in the framework of enforcement proceedings. In case of disagreement, the debtor has the right to appeal the actions of the bailiff to the senior bailiff or to the court that issued the court order.

If the debtor has the status of “large family” or “poor”, this will not save him from the legal actions of the bailiff.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Actions to cancel an order that has entered into legal force

When, for some reason (sometimes beyond the control of the defendant), the 10 days allotted by law for objections have already expired and the court order has entered into force, and you do not agree with it, then there is a way to influence the situation. it is required to strictly follow the actions described in Article 256 of the Code of Civil Procedure of the Russian Federation:

1. We are writing a petition to the court to restore the missed procedural deadline.
2. We send him to the courthouse.

But in order for the court to grant this petition, you will have to provide a compelling reason for missing the time allocated by law to object. List of reasons why the court usually grants a motion:

1. It was not you personally who received the order. For example, a postman in a hurry gave it to your grandfather, and he, having signed for you for receipt, forgot to give it to him.
2. Illness (required with supporting document).
3. Business trip (you will need a certificate from your place of work).

Often, debtors, if they do not receive a copy of the order, learn about its entry into force from bailiffs at the execution stage. By providing the judge with evidence that you did not receive a copy of the order, you can count on its cancellation on the basis of Articles 443-445 of the Code of Civil Procedure of the Russian Federation.

Reviews and comments to the article “Cancellation of a court order for debt collection: sample”:

Sep 10, 2019adminlawsexp

Document submission deadline

The legislation in force in the Russian Federation provides interested parties (debtors) with the opportunity to cancel a court order within 10 (ten) days.

Usually the day of receipt of the document is considered:

• The date on which the court issued the order
• The date when the order was actually served on the party (debtor)

Naturally, in rare cases, a copy of the order issued by the court falls into the hands of the “debtor” on the same day when it is accepted, so the standard in this case is the date when the “debtor” receives this document by mail or in person.

The judge will have the opportunity to cancel the current order only if there is an application for its cancellation received by the court within the period specified by law.

Remember! It is still possible to extend the period allotted for canceling the order. But at the same time, the interested party must provide evidence that it was missed for compelling reasons.

The following are sufficient grounds for extending the period:

• If the debtor at the time the order was issued and it came into force was not in the city due to being on vacation or a business trip
• A person's stay in hospital treatment at a medical facility. institutions
• Cases of death of relatives of the “debtor”

In this case, the interested party must provide the magistrate with appropriate confirmation of the occurrence of these circumstances, recognized as valid, due to which it was not possible to protest the order in a timely manner.