A debt collection order is a very tricky tool that credit organizations resort to in order to get money from a debtor.
Most citizens who have rarely encountered courts do not understand the features of this type of decision. We will try to explain in the most accessible way what a judicial
recovery order is
.Decision or order - what is the difference?
The decision in the form of an order has the following features:
- It is published on the basis of documents that are indisputable from the point of view of the law, for example, a loan agreement, an organization’s license, etc.
- Consideration of cases takes place without participants. The judge will not hear any arguments, excuses from the debtor.
This means that the case is not decided in favor of the defendant a priori.
If the court sees evidence of one party without appeal and other materials, then there is no doubt what will happen next - the issuance of a court order to recover a debt. The citizen paid or not, maybe the contract was completely signed by another person - this is of no interest to anyone. We ask a question: is such a fair consideration?
Hence the conclusion: a court order to recover a debt is not a court decision on the basis of the competitiveness of the parties and the equality of all before the Law.
Conditions of occurrence
This determination form is issued when the applicant's claim meets one of the following conditions:
- The transaction is in writing, for example, a loan agreement between the borrower and the lender.
- The requirement is based on notarized documents, for example, creditors for the debts of the testator.
- Requirements for child support.
- On collecting the amount of arrears of wages, etc.
Thus, a court order to recover a debt can be issued by a judge solely without the participation of the parties. Now about how to appeal it.
You can’t appeal? Will cancel
If you carefully look at the court order for debt collection - the sample contains a curious inscription: "The court order is not subject to appeal." Legally unprepared citizens make only one conclusion from this formulation - it is useless to argue.
Indeed, it is impossible to appeal such an order, but according to the Code of Civil Procedure it can be canceled. This paragraph judicial determination, for obvious reasons, does not contain.
Cancellation Policy
The cancellation of the order is provided for in a special order - it is enough to simply write an objection in the name of the judge who made the decision that the citizen does not agree with the ruling. No explanations, remarks, excuses are needed. The law says so: if the defendant does not agree with the decision, the judge must cancel it.
Procedural deadlines
The time limits for writing an objection to a court order are limited. The debtor is obliged to write an appropriate objection within ten days from the date of receipt. If you don’t have time in time, then restoring the deadlines is quite problematic. This means that you have to pay what is called, in full, with all the fines, penalties and forfeits that could be reduced in court. They can sometimes run so many that the amount of the main debt seems "penny."
I did not know about the court! What to do?
The most common situation is when citizens do not know anything about a judge’s decision in their case. But, as they say, ignorance does not exempt from responsibility.
Courts must warn by registered letters with notifications of the order and time of the decision. But it often happens that the debtor finds out about the meeting only when the bailiffs have blocked all accounts. And it’s good that they left money for bread, sometimes they withdraw everything from the accounts to the penny in violation of federal laws.
But we will not consider proceedings with the Federal Bailiff Service. It is important for us to find out what to do when the citizen really did not know anything about the court order, and the ten-day period established by law came out. There really is a way out.
Recovery of procedural terms
In order to be able to file an application for a court order to recover a debt, you must first write the corresponding application for the restoration of the missed procedural ten-day period.
This can be done as a single document, or separate. The decision for each is taken separately, that is, first the judge decides whether to restore the term, and only then cancels the order. Without an appropriate petition, the court will not consider the case. An answer will come with various excerpts of laws and decrees in which one small, but most important wording is lost: the court order to recover the loan debt has not been canceled, because the procedural term has been missed. Translated into the "publicly available" language, it follows from this that: "we did not cancel the decision, since you yourself did not write a request to restore the term."
Reasons for recovering deadlines
There are several reasons why the court will allow an objection:
- Business trip.
- Disease.
- Illiteracy.
- Another reason that the court will consider valid.
As for the first two points, here it is more or less clear. Illiteracy is not meant to mean legal illiteracy, as many people think: they say that I'm not a lawyer, that means I don’t understand anything. This refers to the inability to read and write.
If a citizen really did not know anything about the court decision because he was not informed, then this falls under the fourth paragraph - another reason that the court recognized as valid. This is because the offices of the magistrates' courts send correspondence in ordinary letters, which are lost on the way to the addressee (unless, of course, the decision was sent at all). There are a lot of cases pending before justices of the peace, hence the similar problems.
Sample debt collection by court order
If the creditor is not returned the debt, then, having attached the necessary written documents confirming the transaction, he can apply at the debtor's place of residence. In the upper right corner you must specify the following data:
- The name of the court.
- Applicant details.
- Place of registration.
Further from the middle should be: "Statement on the collection of debts under a debt receipt." And below, the essence of the requirements is described on the basis of the evidence provided. For example, citizen A. Petrov, residing and registered at: ... (further details are required), borrowed the amount of money, which is confirmed by a receipt. To date, the required amount has not been returned. Based on the foregoing, I ask: to demand from a citizen A. Petrov, to return the money, as well as the state duty in the amount of: ... (further indicate the amount).
Remember that the state duty on debts is paid initially by the plaintiff, and only when the case is resolved in his favor, it is transferred to the defendant. After the requirements, it is necessary to indicate in the appendix documents proving the applicant’s position: credit agreements, promissory notes, bills of exchange, as well as other documents confirming the right of claim.
conclusions
We hope that we have explained in plain language what a court order for collecting debt obligations is. Recall that this is not a final decision that cannot be undone.
A court order is a simplified form of a claim for debts recognized by both parties. But if a citizen does not agree with this form of decision, which is adopted solely by the judge without the participation of the parties, then it can be canceled without explaining the reasons by appropriate application.