The decision on the recovery of movable property or the recovery of a sum of money made by a judge solely has the name “court order”. A sample of its design and filing, as well as all related nuances, will be considered in the article.
Despite the fact that judicial practice in this area is not yet perfect, judges of the Russian Federation have increasingly begun to resort to this particular form of dispute resolution.
What are the benefits?
A court order, in contrast to the same lawsuit, has a number of advantages.
Firstly, the price. When filing a claim, the plaintiff must pay to the treasury of the state. a fee commensurate with the amount claimed. The calculation of payments is described in the same article, but for convenience there are many online calculators that will do this accurately and much faster. The cost of state. the fee for an application for a court order to recover alimony, a sample of which we will consider as an example, is halved.
Secondly, time saving. Since the judge considers the case individually, without the presence of the plaintiff and the defendant, then, respectively, both parties do not need to cut their personal time and spend on being in the courtroom.
It is immediately worth noting that in those cases where the presence of the plaintiff or defendant is necessary to defend their position, a court order, a sample of which is presented below, is not issued.
Thirdly, speed. The decision to take a court order takes place quickly, in 5 days, not taking into account the day it was submitted to the court registry.
Requirements by which a court order may be issued
As noted above, the field of activity for issuing a court order is strictly limited. That is why where the parties must prove their position, for example in criminal, administrative and a number of civil cases, a court order does not make sense.
Code of Civil Procedure of the Russian Federation contains an exhaustive list by which a court order may be issued . Sample requirements include:
- Transactions certified by a notary (agreement, contract).
- Written transactions (pledge, deposit, etc.).
- Alimony claims (with the condition that there is no need to attract other persons. For example, in order to establish paternity using DNA analysis and the subsequent recovery of alimony, you must file a full-fledged lawsuit and go through the entire judicial process).
- Application for the collection of accrued but not paid vacation pay, sick leave, wages.
- Applications for the payment of debts for housing services.
As can be seen from the above list, the decision is issued on applications related to the collection of funds where one side is the debtor and the other is the creditor. In order to decide on such cases, the presence of the parties in the process is not necessary. It is immediately clear who the victim is, so the judge only needs documentary evidence of the debt.
Court Order Statement
An application for the issuance of an order is submitted to the court according to the general rules for filing a claim. Consider the sample on the example of a claim for alimony.
Statement: court order to recover alimony
Due to the fact that the court order simultaneously plays the role of a writ of execution, the application must indicate all personal information that is usually written in the writ of execution: location, birth, day, year and month of birth, as well as place of work ( if known).
In addition, the appeal must indicate the requirement, on the basis of which the applicant appeals to the court, and documents confirming the legality of these requirements, as well as other supporting materials.
Declare correctly
The court order statement, a sample of which is listed below, includes a detailed description of the situation. The more accurately the arguments are presented, the easier it will be for a judge to make a decision. At the same time, you should not indicate unnecessary points and nuances that are not related to the case.
For example, a correctly compiled statement includes the following information: "the marriage was terminated between me (name) and the defendant (name). The defendant does not pay child support, does not contain the child."
Wrong document: "we got married with the defendant in such and such a year, lived happily ever after, until my husband started walking / drinking / drinking, etc." Everything that does not concern business is aside.
In the submitted application for a court order for the recovery of alimony, the sample is only roughly oriented according to the law. Specific links to articles for each case are selected individually.
The presented option can be used as a model, the issuance of a court order on which was already in judicial practice.
A list of copies of the attached documents (in this case in triplicate) is necessarily attached to the application. If the marriage is dissolved, then the certificate of registration is not attached. A certificate from the housing authorities is taken from the passport authorities of DU, and its validity is maintained for 10 days.
Child support order
A foreclosure order is issued during the working week and has the effect of a writ of execution. That is, after receiving it, you must take a copy of yourself, write a statement for execution, attach the original and send it to the bailiffs.
It is worth noting that the debtor, who received a copy of the order, even if he was not notified in advance, has the right to express his objections to the court decision within 10 days. To do this, he must submit a response application. The court order for the recovery of alimony (the sample is presented above) will be reviewed by the same judge who worked with them earlier. Of course, unfounded accusations of force will not rise, but documented facts may well affect the change in the order.
Summarizing the above, it can be noted that a court order, a sample of which was approximately presented in the article, is a procedure much less costly and easier than a full-fledged lawsuit.