Application for cancellation of a court order on a Russian standard loan. What happens after the court order is canceled The court order of the Russian standard was canceled

Most citizens, having received a loan, fulfill the conditions in good faith and on time loan agreement. However, there are often cases when, due to certain life circumstances (loss of job, illness, etc.), the borrower is unable to fulfill his obligations for some time. In these cases, most often, the bank turns to the magistrate and begins a simplified debt collection procedure.

Why do banks turn to the magistrate?

An appeal by a creditor (bank) to a magistrate is a very simple procedure that does not require any special legal support or the presence of the debtor and creditor during the proceedings. The decision is made almost automatically. The creditor's claims will be satisfied with almost 100% probability, since the basis of the claim is the loan agreement. The method is very fast. The magistrate makes a decision within five days.

After making the appropriate decision, the bailiffs immediately begin to execute the order, since they do not need another executive document. About availability court order citizens are usually informed by letter by mail or they learn about it after a bailiff’s visit.

By stopping payment of your loan debts, you knew that your creditor would act, but, nevertheless, receiving a notice is always an unpleasant surprise. Turn off your emotions. Sit down and count to ten. You have two options:

agree with the decision and forced payment of the debt;
challenge the order.

It’s generally not difficult to challenge an order, but think about whether you need it. Disputing will not eliminate the debt or reduce it if the bank is right (and this is most often the case). But, on the other hand, canceling the decision has positive aspects:

you have time to try to restructure the debt;
the opportunity to simply “play out time” during which you hope for a change in your life circumstances;
if the loan amount is not very large, the likelihood that the bank will go to court with a classic claim is not very high, since this is a complex and quite expensive procedure;
a good lawyer in ordinary proceedings will be able to get the court to reject the bank’s excessive demands;
finally, the time gained can be used to remove property from seizure.

In the event that you decide to act, how to cancel a court order to collect a loan debt, read on.

The main thing, as always, in legal practice is deadlines. You don't have much time to think and act. Only ten days from the date of receipt of the notification. The clock starts ticking from the moment the bailiff receives the letter or your signature. By the way, there are common cases when the borrower does not receive a notification due to an incorrectly specified residential address in the loan agreement. Write the address correctly!

You always need to act. Below we will show how to cancel a court order if it is with the bailiffs. This situation is not at all hopeless, and is even typical.

The grounds for extending the period are very limited. They must be documented. This is usually:

disease;
being on a business trip;
other compelling reasons for not receiving the notice.

These reasons are not always taken into account, so you must act quickly. Actions should begin with drawing up and submitting an application. Doesn't exist legally required sample applications to cancel the court order of the magistrate, although you can sometimes obtain a corresponding form from the court office. We will provide below an application to cancel a court order, a sample of which is accepted in judicial practice.

NNNNNN Vladivostok, Timofeeva st., 11, apt. 32

to cancel the court order

copy of the passport

It is necessary to refer to a specific court order, or even better, attach a copy of it.

What is important to keep in mind when drawing up documents: The motivation for cancellation should be short, simple and clear. It could be:

disagreement with the amount of debt;
disagreement with the collection method;
objections regarding personal absence when making a decision;
finally, just without motivation reasons.

The application can be sent by mail, but practice shows that it is better to personally take it to the World Court and register it in the court office.

If the notification is received from the bailiff and the FSSP has already begun enforcement proceedings, then the application should request its cancellation:

To the magistrate of court district No. XXXX

Northern district, Vladivostok

NNNNNN Vladivostok, st. Zaozernaya, 34

KONDRATIEV Sergei Timofeevich

NNNNNN Ekaterinburg, Timofeeva St., 11, kV.32

to cancel the court order

By court order No. XXXX of the magistrate of precinct No. XXXX of the Northern district, Vladivostok, dated August 21, 2017, a decision was made to recover S.T. from Kondratyev. in favor of PJSC "ХХХХbank" under agreement No. ХХХХХХХХ dated September 12, 2015, a debt in the amount of 456,000 rubles. (four hundred fifty-six thousand rubles).

I, Sergey Timofeevich Kondratyev, ask you to cancel this order, since the amount of the specified debt is too high.

Based on Article 129 of the Code of Civil Procedure of the Russian Federation, I ask:

CANCEL COURT ORDER No. XXXX dated August 21, 2017.
TERMINATE EXECUTIVE PROCEEDINGS No. XXXXX.

copy of order No. XXXX dated August 21, 2017
copy of the passport

The magistrate, after making the appropriate decision (usually the borrower’s requirements are satisfied), draws up required document within a few days. All documentation can be obtained from the office.

Cancellation of a court order to collect debt on a loan (sample):

No. ХХХХХ from ХХ.ХХ.ХХХХ

Magistrate of precinct No. ХХХХ Northern district, Vladivostok Topchiev V.V., having considered the appeal of Sergei Timofeevich Kondratiev for cancellation court decision at the request of PJSC XXXXXbank to collect a debt from it in the amount of 456,000 rubles. (four hundred fifty-six thousand rubles)

PJSC XXXXbank applied to the court on August 18, 2017 with an application for a court order to recover from S.T. Kondratyev. debt under the loan agreement in the amount of 456,000 rubles. (four hundred fifty-six thousand rubles).

On August 21, 2017, the magistrate issued a court order and sent it to S.T. Kondratyev. Within the time limits established by law, from Kondratyev S.T. an application was received asking for the cancellation of this order.

Guided by Article 129 of the Code of Civil Procedure of the Russian Federation, the magistrate

Cancel court order No. ХХХХ dated August 21, 2017 on the recovery from Kondratyev S.T. debt in the amount of 456,000 rubles. (four hundred fifty-six thousand rubles).

Justice of the Peace __signature___ Topchiev V.V.

Samples of statements of claim and claims

To the magistrate of court district No.___

District of the city ____________________

from the debtor _____________________________, residing

by the address: _____________________________________________

by court order dated _____________, case No. ___________

G. The magistrate of court district No. _____________ issued a court order, in accordance with which _______________ was collected from me to pay off the debt under the loan agreement ________________ dated ___________________. 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 with the amount of debt (further indicate the reason: when applying for a loan, I was imposed additional service– insurance, the bank wrongfully withheld a commission for issuing a loan, I do not agree with the amount of fines and penalties, I believe that the plaintiff charged a disproportionate penalty. If none of the above suits you, then indicate the following: I need to receive documents, evidence on which the plaintiff bases his claims). Thus, I believe that my rights were violated.

The simplified procedure for issuing a court order should not violate my constitutional right to legal protection, providing, in particular, the opportunity for everyone to personally defend their interests in civil proceedings on the basis of adversarialism and equality of the parties (Part 1 of Article 46, Part 3 of Article 123 of the Constitution of the Russian Federation). Thus, in accordance with current legislation, I have the unconditional right to personally defend myself against the claimant’s claim in the normal adversarial process.

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. I received a copy of the court order __________________.

Considering the above and guided by Art. 129 Code of Civil Procedure of the Russian Federation,

Cancel the court order of the magistrate of judicial district No. ________ dated _______________. about collecting _____________ rubles from me. __ kop. to repay the debt under the loan agreement.
Revoke the court order from the Bailiff Service.

Attachment: copy of the court order in civil case No. _____________ dated ______________.

Date signature Full name

Hi all. Today we will look at the question of what happens after the court order is canceled. What actions are required by the debtor? What does a bank or microfinance institution do in case of cancellation?

I have already devoted many articles to court orders and you, my subscribers, I think, already clearly understand what a court order is, in which cases it should be canceled and in which it should not. I also wrote about the peculiarities of canceling a court order if the 10-day deadline is missed.

What does a bank or microfinance organization do when a court order is canceled?

As you already know, almost all banks and microfinance organizations first apply for a court order for loans up to 500,000. Why does this happen? Firstly, it's cheaper. Secondly, most of the court orders are not canceled by the debtors (for various reasons) and the bank, through the bailiffs, receives the required amount with inflated penalties and fines.

If the debtor cancels the court order, the bank goes to court with a statement of claim. The bank can go to court either a month after the cancellation or a year later. In our practice, the shortest period for filing a claim was about a month. MFOs are much less likely to go to court due to objective reasons.

Find out ways to write off debts

What should a debtor do when canceling a court order?

As soon as you have received a judge's ruling to cancel the court order, you must, of course, take it to the bailiff (if enforcement proceedings have been initiated). Be sure to make copies for yourself.

If you canceled the court order within 10 days, then simply keep the ruling for yourself.

Most importantly, you must check your email regularly so as not to miss statement of claim from the bank. After all, the lawsuit will again include fines and penalties in addition to the main debt. In this case, you must write an objection.

Can a claimant re-apply for a court order?

For the same reasons it cannot.

How to get money back after canceling a court order

This procedure is possible in the order of reversing the execution of a court decision; I will write about this in more detail in an upcoming article.

P.S. Dear subscriber, what other questions remain regarding the court order? Perhaps I missed something? Write your questions below in the comments.

Best regards, Alexander Izotov. Service VELES.

Often, the loan debtor does not receive a summons to appear in court as a defendant, but immediately receives news about the issuance of a court order. It is important to distinguish between these two completely different requirements. If in the first case there are still at least several months before receiving a court decision, then in the second case there is almost no time to submit an objection to the court and discover that money has been written off from bank cards This debt can be repaid in just a few weeks. Below we will tell you what to do if a court order to collect loan debt has already been issued.

Why is it beneficial for a bank to obtain a court order?

Typically, bank lawyers go to court to issue a large volume of court orders in one package - according to credit debts when the period during which the bank generally expects voluntary repayment of the debt from the borrower has passed. You need to understand that a court order is already an executive document and it can be almost immediately sent to the bailiff service to foreclose on existing accounts and property. By default, the judge has no doubt about the creditor’s claims against the debtor, because they are confirmed by copies of the loan agreement and other documents about the debtor’s violation of his obligations. If, when filing and considering a claim, the creditor must prove the existence and validity of the debt and interest, then in the case of a court order, the consideration of the case takes place without interviewing the parties or even their appearance in court.

In most cases, the borrower takes a passive position and does not have the ability or desire to argue about the existence of the debt. That is why writ proceedings are so convenient and credit organization, and the court.

I received a court order to collect a loan debt - what should I do? Appeal and cancellation of a court order

Articles 128-129 of the Civil Procedure Code indicate the necessary actions of the debtor. A court order can be canceled by indicating to the court that the rights of the debtor have been violated. To do this, you need to apply to the reception office of the relevant court. His address is indicated in the text of the court order. The main thing here is to act very quickly.

Partial debt repayment

Skipping the statute of limitations

Possible deadline for canceling a court order

Only within ten days from the moment the debtor receives a copy of the court order can an objection be submitted. This period begins to run from the date indicated in the notification of the registered letter. After this period, the bank turns to bailiffs. The bailiff may seize existing bank accounts and write off funds from them. If such accounts cannot be found, other methods of influencing the debtor are used: they seize movable property and real estate, travel outside the state is closed.

If the ten-day period for filing a complaint against the court order has passed, in order to appeal you must indicate that you did not receive it. Such applications are often denied. Then it is necessary to file a complaint against the court order with the cassation authority.

What objections to the court order will the court accept?

In general, no special grounds are needed to challenge a court order. Moreover, there is no need to attach supporting documents. It is enough to declare one of the following circumstances, and they will have to be proven after the hearing on the case is scheduled. It can be:

Partial debt repayment

Forgery of documents - loan agreement or others

Disagreement with the amount of accrued interest

Skipping the statute of limitations

Other inconsistencies found in the text of the court order

What happens after the court order is lifted?

The judge makes a decision to cancel the court order and sends copies of it to the parties. In this case, the creditor has the opportunity to file a claim in court on the same subject and usually exercises this right. During litigation, the debtor has the opportunity, for example, to present arguments to reduce the amount of debt or to recognize the loan agreement as not concluded. The trial in this case can last several months. With the appropriate setup, a competent lawyer will be able to drag out the process for up to a year or more. To do this, you need to seek qualified help in time.

What to do if you are in another city?

All the described actions can be performed by registered mail with notification and a list of attachments addressed to the court.

Which courts accept applications for a court order?

Cases regarding the issuance of judicial orders, regardless of the amount of debt, are dealt with by the magistrates' courts at the location of the debtor. At the same time, only cases with a debt amount of up to 500,000 rubles can be resolved by order.

Court orders are issued not only in cases of loans. You can obtain a court order to collect alimony, receive accrued wages or collection of debts on utility bills or taxes.

Court order on bank loan

An effective method of collecting overdue debt is judicial system. All banking and state organizations served lawsuits. A quick and easy way to do this is to go to the Magistrates' Court. Cases are won, even if the defendant is absent.

The plaintiff, having received performance list, transmits the document to the FSSP service. There, bailiffs deal with the debtor. In practice, defendants manage to cancel a court order without any problems. This can be done within one day.

How to cancel a court order that has entered into legal force?

Step-by-step instruction

Do not confuse a court order with a statement of claim. The statement of claim cannot be canceled, but it can be contested.

Find out where the hearing took place

As a rule, this happens at the location of the bank or branches in the region. Full information They will provide it at the bank itself, and they can also familiarize you with the court order there.
It is recommended to re-read the loan agreement; lenders often indicate the address of the court, where in the event of an emergency controversial situation there will be a trial.
If the bank refuses to provide information, you must go to the FSSP department at the registration address and see the bailiff who is conducting enforcement proceedings. He will explain everything: where the trial took place, when, the full name of the judge, the amount of debt, payment terms.

Information on enforcement proceedings can be found on the FSSP website.

Fill in the data field, select the region and click “Find”.

Enter the code from the picture and click “Submit”.

Study the result carefully, as information about the debtors may be the same.

If necessary, click the “Pay” button, select a method and follow the instructions payment system.

Office

All claims, objections, and any documentation are accepted by the court through the Chancery Department. You cannot serve the papers directly to the judge. An application to cancel the order is filled out and submitted to this department.

Form to cancel a court order

A sample of correct completion is posted on the information board. The form is issued at the office or downloaded and filled out in advance via the Internet.

When filling out an objection, you must indicate the reason for canceling the court order. Since the procedure is simplified, the defendant does not need to justify his actions.

It is enough to express disagreement with:

court decision on the amount of debt;
ignorance of the completed hearing;
impossibility of personal presence during the proceedings.

In fact, the court will accept any justification for cancellation that the plaintiff provides in the petition. Next, the completed form is handed over to the office staff and attached to the file.

All samples are filled out in duplicate, the second document is stamped with acceptance and returned to the defendant.

Bailiffs

If, on the basis of a court decision, enforcement proceedings were previously initiated, it is necessary:

take the second cancellation application form (where there is a stamp indicating acceptance of the application);
come to the FSSP department (in person for an appointment with the bailiff in charge of the case or at the office);
write a statement about the completion of the proceedings and the return of the seized property or funds.

No need to wait for cancellation judicial act, everything is decided in one day. In the morning you wrote a statement to the court, you immediately go to the bailiffs.

Term

The cancellation procedure is carried out in statutory period – 10 working days. In practice, the period can be increased, but not more than 14 days.

Plaintiff's actions

The plaintiff has the right to re-apply to the court. If the earlier decision is canceled, the appeal will be filed using the claim form. It cannot be canceled. The defendant will have to contact lawyers and determine a defense strategy:

reduce the penalty in accordance with,
collect evidence of the impossibility of payments,
sell property to pay off debt;
seek a judicial stay;
speak to ;
try to reach a settlement agreement.

Cancellation of an order by mail

If the trial took place in another city, then an application to cancel the order can be sent by mail. The letter is sent with a description of the attachment and a notification of delivery.

In this case, the postal receipt will be legal document, confirming the fact of writing the petition. The judge will consider the claim in a working manner.

Cancellation times will be extended due to postal services. Minimum period delivery of the document to another city, at least three days.

pros

The amount of debt is fixed and cannot be increased.
It can be easily canceled independently without involving lawyers.

Minuses

The trial takes place without the participation of the defendant.
It is impossible to influence the final amount of the debt.
There is a surprise effect when .

If the debtor was unable to cancel the court decision in time, it is necessary to restore the procedural deadlines. The basis is Article 112 of the Code of Civil Procedure of the Russian Federation.

It is necessary to understand that the reason for missing the deadline must be valid, otherwise the application will not be accepted.

Such situations include:

disease;
long business trip;
living in another city;
ignorance of the court decision.

Before going to court if the appeal deadline is missed, you should consult with a lawyer specific to the situation.

Debt collection

By loan

Banks are the main plaintiffs in writ proceedings. Firstly, it is cheaper than filing a claim. Secondly, there is the effect of surprise. Debtors, upon learning that they have been convicted, panic and begin to pay.

Experienced collectors treat people by suggesting that all property will be seized. Also, emphasis is placed on sending the writ of execution to the accounting department of the organization where the person works. Taken together, such actions lead to the fact that some borrowers pay.

A court order to collect a loan debt is easy to cancel. Don't believe everything the collection departments say. Their only goal is to convince the borrower to close the overdue loan. Also, since 2016, there has been a law that seriously limits the rights of collection agencies.

For utility bills

Utility services also resort to debt repayment orders. But if the defaulter decides to cancel such an order, it will not be for long. Soon the management companies will submit a second application and this will be a lawsuit. Can't cancel.

Then why cancel it? And in order to return the written-off and seized money to personal accounts and have time to withdraw them. After all, the fact that there was a trial will become clear when... In the future you will have to pay the debt.

Enforcement proceedings

If the writ of execution is with the bailiffs and proceedings have been initiated, you must write an application for cancellation. This is done on the same day as filing a petition to cancel the order.

If the bailiffs refuse to return the money or property, a statement is written to the prosecutor's office or addressed to the head of the department. He will be punished for the actions of his employees.

Advice! Don’t be afraid to communicate with the FSSP, all actions are controlled and obeyed Federal law No. 229. Any deviation is considered a violation of your rights and will result in legal proceedings. If you still do not want to communicate with court representatives, contact a lawyer. All questions will be resolved for you.

Video - instructions on how to cancel a court order:

Bottom line

All court documentation is transmitted through the office.
You can cancel a court order yourself, without the help of lawyers, and without overpaying extra money.
Don't forget the importance of your reasons for canceling. We advise you to write that you do not agree with the amount of debt and consider it too high. This will be enough to overturn the decision.
If the trial took place in another city, you can appeal the conclusion by mail.
Government structures Unlike commercial ones, if the order is cancelled, a statement of claim is immediately filed.

If you need specialist advice or have questions about the topic of the article, describe the problem in the comments.

You can always contact the site’s duty lawyer. We will definitely help and answer your questions.

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. It is the claimant's decision whether to exercise this right or not. 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 high degree the likelihood that the court will not satisfy the demands in full. Here we're talking about 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 litigation is 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 considering judicial practice, two general points can be distinguished:

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 credits or loans, but also collect a penalty, interest for the use of someone else’s in cash, 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.
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 lowest cost than to open a long, costly process with unclear prospects. It is appropriate to remember here that the main task- repay the debt, but 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:

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.
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.
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.
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:

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.
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.

The claimant is subject to a 3-year period for filing a claim. limitation period. 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.