How to cancel a court decision? Procedure

The court order is issued in a simplified form, without hearing the arguments of the parties. But if the decision made does not suit one of the parties to the claim, under Art. 129 of the Code of Civil Procedure of the Russian Federation, it can be appealed. Cancellation of a court order is possible if there is strong evidence. How to file a complaint and what is the period for appealing the court order of the magistrate?

Important! If you are considering your own case related to the cancellation of a court order, then you should remember that:
All cases involving consumer fraud are unique and individual.
Understanding the basics of the law is useful, but does not guarantee results.
The possibility of a positive outcome depends on many factors.

In what cases is a court order issued?

A court order is issued in the following cases:

debts under a notarized transaction;
debt under a transaction fixed in writing;
official demands for payment and failure to receive it by the notary;
payment of child support for minor children;
payment of alimony for parents of retirement age by their adult children;
payment of wages and other payments to the employee under the Labor Code, as well as compensation for violation by the employer of the deadline for payment of wages, vacation, dismissal payments and other payments under the Labor Code;
payment of FSSP expenses related to the search for the defendant;
payment of debt for housing, utilities and telephone services;
payment of mandatory payments and contributions from members of a partnership or cooperative.

Court order for debt collection

A court order is a simplified form of legal proceedings in which a decision is made without the participation of the parties by a single judge. After receiving the order, the debtor has the right to either pay it off or appeal to the cassation court. If a letter arrives at the court with a mark of non-receipt, the court order comes into force within 10 days from the last day it was in the mail.

Payment of the debt is made according to the amount of the debt and the details specified in the court order.

The debt collection procedure is carried out as follows:

The judge makes a decision on the considered application from the claimant.
A 10-day period passes from the date of receipt of the order for the defendant to appeal the document.
The documents are submitted to the FSSP at the place of registration/residence of the defendant.
Enforcement proceedings open - the final stage of the civil process.

If the debtor does not pay the debt and does not file a complaint to cancel the court order, you should:

a visit by a bailiff to the defendant’s residence address to assess his financial condition;
forced debt collection.

Important!
An appeal against a court order occurs within 10 days after receiving the order and before the order enters into legal force.

Appealing a court verdict in a criminal case

It is important to know: for an appellate court judge to change the sentence to a more lenient one or cancel it altogether means indirectly reproaching the trial judge, the prosecutor who signs the indictment, and the investigators for unprofessionalism. The judge will not agree to this unless he presents the most compelling arguments when appealing the court verdict. And not just present, but arrange them properly.

Lawyers face this regularly. Appealing a verdict in cassation and supervision The main difference between appealing a court verdict in a criminal case in cassation and supervision is that a verdict is being appealed that has already entered into legal force. The court of cassation examines the legality of the sentence (Article 401.1 of the Code of Criminal Procedure of the Russian Federation).

The company's lawyers will provide:

Acceptance for consideration of an appeal against a conviction (more precisely, in accordance with the provisions of the Code of Criminal Procedure of the Russian Federation, its circumstances).
There are high chances of revision of individual charges.
Restoring the deadline for filing a cassation appeal.

Time limit for appealing a sentence One of the key mistakes of an accused who plans to challenge a sentence (whether it has entered into legal force or not) is the assertion that there is time to file an appeal. This is not so: there is usually very little of it. Especially if a person wants to file a complaint against a court decision, violation of regulations and inconsistency of the decision with the circumstances of the case, while under house arrest or in a pre-trial detention center, and even does everything himself. What does it mean? Even if you are 100% right, the slightest flaw in the documents and the appeal will be ineffective, so you should think about involving a lawyer. This is a specialist who is interested in obtaining results in a criminal case, for which he is ready to make every effort. Be prepared for it to be difficult. But if you do everything right and meet deadlines, you will still be able to achieve something.

How can an experienced lawyer help, how does he work? An ordinary citizen cannot appeal a court verdict in a criminal case, because formalism reigns everywhere, which means “working on paper.” For the sake of investigator statistics, courts sometimes make decisions that imply a more severe punishment than may be the case. It's all about the solidarity of these authorities. A lawyer is a disinterested person and therefore always acts strictly in the interests of his client.

If you contact a lawyer at the very beginning, you may not need to file an appeal. A professional lawyer will be able to prevent the case from going to court or “destroy” it right there. The fact is that investigators often carry out procedural actions with violations, and this is the reason for making a strict decision.

Cancellation of a court order

A court order does not come into force provided that:

materials evidencing the stated claim have not been submitted;
the plaintiff did not pay the state duty;
the form and content of the requirement do not comply with the law;
place of residence or location of the debtor outside the Russian Federation;
there are grounds for dispute about the law.

The judge must notify the judge of the refusal to accept the court order within three days from the date of the decision. In this case, after the cancellation of the court order, the collector has the right to re-submit claims for payment of debts to the same debtor.

How to overturn a district court decision by filing a supervisory appeal?

By way of supervision, you can only appeal the ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, if it was issued.
Only the determination made based on the results of consideration of the complaint can be appealed. Thus, it is impossible to overturn the decision of the first instance court or overturn the decision of the district court!

The supervisory appeal is filed with the Presidium of the Supreme Court of the Russian Federation within a period not exceeding 3 months from the date of the ruling by the judicial panel of the Supreme Court of the Russian Federation.

The decision to transfer a complaint to the Presidium of the Supreme Court of the Russian Federation is initially made by the judge alone.

The decision to refuse to submit a complaint for consideration may be canceled by the Chairman of the Supreme Court of the Russian Federation or his deputy.

Options for considering a case on a supervisory complaint: – A supervisory complaint may be returned without consideration on the merits. – A ruling was issued to refuse to transfer the complaint for consideration at a court hearing of the Presidium of the RF Armed Forces. – A ruling was made to transfer the supervisory complaint for consideration and the complaint was considered by the Presidium of the Supreme Court of the Russian Federation, and the corresponding resolution was issued.

Cancellation of a court order that has entered into legal force

After the court order comes into force, you can appeal it in the appellate court, provided that:

the debtor had valid reasons for missing the deadline for appealing the order;
the debtor did not receive the order forms.

Cancellation of a court order occurs in the following order:

Writing a complaint about disagreement with a court order.
Filing an appeal by mail or in person to the court. The state fee in cases related to challenging a court order is not paid regardless of whether the order has entered into force or not.

Neither the plaintiff nor the defendant is summoned to court. From the date of receipt of copies of the complaint to cancel the order, the parties may send their written objections and additions to the court, but only until the date of consideration of the complaint by the court.

Resolving the issue of canceling a court order.

Cancel court decisions

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We have many different decisions to cancel illegal or violated court decisions and rulings.
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Cancellation of a decision made by the court, or rather, its cancellation, can occur in the following cases:
1. When the court makes a decision in absentia . This could be the case if, for example, the defendant was sent a summons, but to the wrong address, due to postal failures the notification letter did not arrive, the defendant did not know about the trial or it was impossible to appear for good reasons, etc.

2. When challenging the decision of the court of first instance. The grounds for reversing a court decision may be:

incomplete clarification of circumstances relevant to the case;
failure to prove circumstances relevant to the case that the court considered established;
discrepancy between the conclusions set out in the decision and the circumstances of the case;
violation or incorrect application of substantive law or procedural law
failure to apply the law to be applied;
application of a law that is not subject to application;
misinterpretation of the law;
consideration of the case by the court in an illegal composition;
consideration of the case in the absence of the plaintiff or defendant,
failure to properly notify of the time and place of the court hearing;
violation of language rules;
adoption by the court of a decision on the rights and obligations of persons not involved in the case;
failure to sign the decision by a judge or one of the judges if the case was considered by a collegial panel of judges, or signing of the decision by judges other than those indicated in the decision;
the absence of the minutes of the court hearing in the case or its signing by the wrong persons;
violation of the rule on the secrecy of the conference of judges when making a decision.

Of course, many procedural violations occur. But they are not always grounds for overturning decisions of the courts of first instance.

As statistics show, the following are subject to cancellation:

· Absentee decisions (according to clause 1) - about 80%;

but this is only in cases where, when reviewing the decision, the defendant presented a complete evidence base, and, if necessary, put forward his own independent demands.

· Decisions made in violation of the law (under paragraph 2) - about 35%.

There are many options for discussion here; it is impossible to create a single systematization. It is important to correctly write a complaint to a higher court.

Advice from a lawyer.

If you want to annul a court decision, it is doubly difficult than it could be in the first instance. Therefore, before you write something yourself and submit raw material, thinking about the miracle and truth of justice, the court must be helped. In order for justice to truly take place, it is necessary to provide evidence of everything that is essential for the annulment of the decision. This could be an address, a travel document, sick leave, documents proving you are right, expert opinions, answers to queries, new facts and evidence, etc. Everyone has their own.

When challenging a default judgment, everything is a little simpler. But at the same time it’s more difficult, because there won’t be another chance. When canceling a decision of the court of first instance, you will not be able to do without an experienced lawyer or advocate. After all, already at the first instance it is clear that in your previous composition someone could not prove anything (you or your representative). It is necessary to entrust the matter to a competent specialist. It is better to spend a sum of money on a professional than to lose the subject of the dispute. We advise you to contact us for help.

Is it possible to appeal a court order?

The appeal occurs within a period of up to 10 days, which starts from the day the debtor receives the document by mail.

To appeal a court order, you need to:

Write an application to cancel the order, citing your own reasons for the objection.
Submit an application to the court in which the decision was made.
Wait for the appeal to be considered by the magistrate and a verdict is rendered.

But, if the defendant previously signed the notification of receipt of the court order and after 10 days has not contested it, then the claim will be rejected on the basis of a decision that has already entered into legal force.

How to overturn a court decision in 2018

If we talk about imprisonment, it cannot exceed 2/3 of that specified in the article of the Criminal Code for a particular criminal act. The mere fact of agreement with the accusation, even if it was obtained under pressure, significantly limits the possibilities of appealing the court verdict. According to the law, challenge it, justifying the complaint by the fact that the circumstances of the case, the evidence were incorrectly interpreted, and the severity of the punishment does not correspond to the severity of the crime. Thus, the lawyer does not have many opportunities to mitigate the punishment and obtain a review of the court's decision. However, with our legal support, the client does not have to worry.

Refund of state duty upon cancellation of a court order

If the court rejects the application for a court order or returns the order to the claimant, then the state duty must be returned. If the court accepts and considers the application, and only subsequently the order is canceled, then according to the Code of Civil Procedure of the Russian Federation, the state duty is not returned to the claimant.

When re-applying to the magistrate's court on the same issue, the claimant may not pay the state duty if:

the state fee was not returned;
less than three years have passed during which the state duty was paid and the initial decision was made;
The new application is accompanied by the original one, indicating payment of the state duty.

The judge overturned his own decision that had entered into force. Absurd? no, reality!

I won’t presume to guess what exactly Irina would answer (but it’s not a fact that she would not agree with you on the first two questions - nothing definite in this regard follows from her answer. I think that, most likely, she did not answer directly the first questions, since any answer to them does not change the conclusion on the main issue - the legality of the judge's cancellation of the default judgment.

There is no contradiction between my answers to the first three questions and the answers to the following questions. As I already wrote, Part 1 of Article 237 of the Code of Civil Procedure of the Russian Federation binds the defendant’s right to file an application to cancel a default judgment only with the moment of receiving a copy of the decision and nothing else. This establishes the unconditional (!) right of the defendant to file an application to cancel the default judgment within seven days after receiving a copy of the decision. This is exactly his RIGHT. The fact that, due to the fault of the court, the defendant learned about the decision only after it entered into force cannot in any way serve as a basis for depriving him of this right.

Yes, the courts recognize the party as properly NOTIFIED in the situation you described, so we can say that in this part the court had a legal basis for issuing a default judgment. But let's look at Article 242 of the Code of Civil Procedure of the Russian Federation - the basis for canceling a default judgment is that “the defendant’s failure to appear at the court hearing was caused by valid reasons,” and not the court’s failure to take measures to notify. And in your situation, the return of the summons by mail confirms that the court took appropriate measures to notify the defendant (and nothing more is required from the court), but the defendant did not receive the summons and did not know about the day of the court hearing. And since he did not know, then the reason for his non-appearance may well be considered valid.

Let me draw your attention to the fact that I agreed with your opinion on the third question with a reservation. )))) But this is not important. The fact is that even if the judge did not have the right (due to the lack of grounds provided for in Article 242 of the Code of Civil Procedure of the Russian Federation, to cancel his decision in absentia), this illegality does not give the parties any additional grounds for appealing this unfounded (and, due to this, illegal) court ruling. And the law, I repeat, does not allow an appeal against this court ruling. This is the will of the legislator, which he prescribed in the Code of Civil Procedure. We may consider it right or wrong, be indignant or rejoice, but this is the law and it is what it is.

By the way, I will say that judges are usually very willing to cancel their decisions in absentia - since absentee decisions are usually made on the basis of arguments and evidence of only one side and, therefore, there is a very high probability that in cassation the defendant will bring some arguments, according to in which the decision turns out to be unfounded (with all the ensuing consequences in the form of poor performance of the judge). And the cancellation of a default judgment by the judge himself does not in any way affect the negative reporting of the judge. Taking this into account, I can only give advice to exercise caution in the matter of giving consent to a judge making a decision in absentia (which Marina had already said before me, albeit in different words).