A writ to recover the debt – a very clever tool resorted to by credit institutions with the aim to obtain money from the debtor.
the Majority of citizens who have rarely faced the courts do not understand the peculiarities of this kind of solution. We will try most available to explain what the court order on collecting of a debt.
The Resolution in the form of order has the following features:
This means that the case is not resolved in favor of the defendant a priori.
If the court sees evidence of one of the parties without appeal and objections of the other materials, there is no doubt what will be next - a court order to recover the debt. Pay a citizen or not, maybe the contract is signed by another person – it's not interesting. Ask the question: is this review fair?
Hence the conclusion: a writ to recover the debt – is not a judicial decision on the basis of adversarial proceedings and the equality of all before the Law.
This form of definition is issued when the applicant meets one of the following conditions:
Thus, a writ for the recovery of the debt may be imposed by a judge unilaterally without participation of the parties. Now about how to appeal.
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If you look closely the court order about the debt collection – the sample contains a curious inscription: “the Court order not subject to appeal". Non-legally trained citizens make only one conclusion from the wording – it is useless to argue.
Indeed, to appeal the order impossible, but the civil procedure code it can be undone. This item is a judicial determination, for obvious reasons, does not.
The cancellation of the order are special order – simply write an objection to the name of the judge who took the decision, that the citizen does not agree with the adopted definition. Any explanations, comments, excuses not to do. The Law States: if the defendant does not agree with the decision – a judge is obliged to cancel.
The Time by which written objection to the court order, is limited. The debtor shall, within ten days of receipt to write an objection. If time does not catch, then reset the timing quite problematic. So, you will have to pay what is called, in full, all fines, penalties, penalties that could reduce in the court. They can sometimes charge so much that the principal amount of seem “penny”.
The Most common situation, when citizens do not know anything about the judge's decision in their case. But as they say, ignorance is no excuse.
The Courts must notify by registered mail with notification on the procedure and the solution time. But it often happens that the debtor finds out about the meeting only when the bailiffs have blocked all the accounts. And well, they left money for bread, sometimes shoot from the accounts of every penny in violation of Federal laws.
But proceedings with the Federal court bailiffs service will not be considered. It is important for us to figure out what to do when the citizen really knew nothing about the court order and the statutory ten days left. The solution really is.
To be able to apply for a court order to recover the debt, you must first write a petition for reinstatement ten days.
This can be done as one document, and separate. Each is taken separately, that is, first, the judge decides whether to remember a term, and then cancels the order. Without proper motion, the court will not consider the matter. The answer will come with different extracts of laws and regulations which get lost little one, but the most important formulation: a writ to recover the debt on the loan is not cancelled as missed procedural term. Translated into “public”, it follows that: “we reversed the decision because you do not write the petition for restoration of term”.
Reasons why the court will allow you file an objection, a few:
Regarding the first two points, is more or less understandable. Under illiteracy means not legal illiteracy, as many think, saying that I am not a lawyer so don't understand. This refers to the inability to read and write.
If the citizen really knew nothing about the judgment because he was not informed, then it falls under the fourth paragraph – another reason, which is recognized by a court as valid. This is because the office of the magistrates ' courts to send correspondence ordinary letters that got lost on the way to the recipient (unless, of course, the decision actually sent). Cases pending before justices of the peace, very much, hence such problems.
If the creditor does not return the debt, attach the necessary written documents confirming the transaction, he may apply at the place of residence of the debtor. In the top right corner must provide the following information:
Further from the middle must be: “Statement of recovery of arrears ious”. And below is described the essence of the requirements on the basis of the evidence provided. For example, Petrov A. A. citizen, resident and registered address: ... (now you should see the data) borrowed money, evidenced by a receipt. To date the required amount is not returned. Based on the above request: request from citizen Petrov A. A. to return the money and also the state duty in the amount: ... (next point).
Remember that stamp duty on debt is paid initially by the plaintiff, and only when resolution of the case in its favor it is passed on to the defendant. After the requirements needed in the application, specify the documents proving the position of the applicant: loan agreements, debentures, promissory notes and other documents supporting the claim.
I Hope that we in accessible language explain what the court order on recovery of debt. Recall that this is not a final decision that cannot be undone.
The Court order – a simplified form of requirements on debts that both sides recognize. But if a citizen does not agree with this form of the solution, which is accepted by a single judge without the participation of the parties, it can be cancelled without explanation appropriate application.
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TR: https://tostpost.com/tr/hukuk/10407-mahkeme-karar-bor-talep-rnek.html
UK: https://tostpost.com/uk/zakon/10404-sudoviy-nakaz-pro-styagnennya-borgu-zrazok.html
ZH: https://tostpost.com/zh/the-law/6358-the-court-order-on-debt-collection-sample.html
Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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