In civil proceedings it often happens that the defendant learns about the lawsuit not from the summons by mail, but from the bailiffs. And it’s good that they still contacted the debtors before the arrest of bank accounts and the seizure of property. Often life brings unpleasant surprises when, instead of the promised salary notice, a notification comes about writing off money to pay the debt. After this, citizens try to defend their rights, but all the deadlines are missed. What to do in this situation? There is a solution - a statement on the restoration of the missed deadline. Does it make sense and how to write a petition - in more detail below.
Recovery of missed procedural terms: is there a chance?
According to the Code of Civil Procedure, if the deadline for filing has passed, in certain cases the court may make an assignment. The first thing to do this is to write a statement to restore the missed deadline. Without it, any procedural action, the deadlines for which have expired, will not be considered by the court. Even if a person is innocent a thousand times, and the judge understands this, he simply has no right to reconsider the verdict without an appropriate petition (decision) for restoration. Otherwise, it will be a gross violation of the trial.
Therefore, it is not necessary to think that a “judge is bad and unjust” if he rejected the decision due to missed deadlines. Know: this is the norm. The way out is to write a statement on the restoration of the missed deadline.
Where to file?
Many have difficulty: where to apply? An application for the restoration of a missed deadline shall be submitted where the case will be considered. For example, the justice of the peace plot No. XX of the 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 to the magistrate of plot No. 5 a motion for restoration and an objection.
Cassation - special order
However, it should be borne in mind that the restoration of the deadlines for filing a cassation appeal is an exception to the general rules. To file it, you must first obtain permission for this in the court of first instance, where the case was examined. This is a special order that applies only to cassation. For example, a citizen lost a district court, then an appeal. The next instance is cassation. Despite the fact that the complaint must be filed directly (as opposed to the appeal that is filed through the district court), it will be necessary to restore the deadlines in the district. After the first instance decides to reinstate it, it must be attached to the cassation appeal and filed directly with the relevant regional presidium of the court.
To restore
In accordance with the Code of Civil Procedure of the Russian Federation, it is necessary to have a reason why the deadlines were violated. These include:
- Disease.
- Business trips.
- Illiteracy. This refers to the inability to read, write, count, and not ignorance of legal laws and terms, as many people think.
- Another reason that the court seems satisfactory.
Often, the last is ignorance of the court hearing. That is, citizens are not warned, as a result of which they miss deadlines. Often, justices of the peace sin in issuing court orders. Most of the applications are related to them.
Missed Deadline Recovery Sample
The statement should write something like the following:
“On such and such a date, the court examined case No. at the claim of Bank I want against citizen Ivanov II. A court order was passed, according to which I am obligated to return to 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.
I received a copy of the court order only on such and such a date; as a result, I missed the deadline for filing an objection. Prior to this, I did not receive any copies. I knew nothing of the decision. Together with this statement (application) I will file an objection to the court order.
Based on the foregoing, I ask:
- Restore the missed procedural deadline for objection.
Application:
- Copy of the passport;
- Copy of the objection on the number of persons participating in the case. "
Number, signature. And that’s all. Our application is written. You can, of course, specify references to laws, but this is not necessary.
Correspondence decision
There is a simplified decision-making form, which is difficult to cancel and restore the deadlines for cancellation. This is an absentee decision. According to the law, an objection is filed against him within seven days. In case of a pass, it is also allowed to restore the term. However, not everything is so simple here: if more than 38 days have passed, namely the period when the deadlines for filing an appeal have passed, then it will no longer be possible to restore the right to file. So the Supreme Court ruled in 2015. The only thing that can be done in this case in order to assert one’s rights is to restore the right to appeal. But it is worth considering that it is submitted through a court that issued the initial verdict.