How to write an application to cancel a court order

An effective method for collecting overdue debts is the judicial system. All banking and government organizations are filing 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 the writ of execution, submits 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

1. As a rule, this happens at the location of the bank or branches in the region. Full information will be provided at the bank itself, and they can also familiarize you with the court order.
2. It is recommended to re-read the loan agreement; lenders often indicate the address of the court where, in the event of a controversial situation, the proceedings will take place.
3. 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 of the 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.

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Reasons for reversing a court decision

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.

There is no need to wait for the judicial act to be cancelled, everything is resolved 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 within the period established by law – 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 Art. 333 Civil Code of the Russian Federation,
• collect evidence of the impossibility of payments,
• sell property to pay off debt;
• seek a judicial stay;
• contact independent assessment experts;
• 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 a legal document confirming the fact that the petition was written. The judge will consider the claim in a working manner.

Cancellation times will be extended due to postal services. The minimum period for delivery of a document to another city is at least three days.

pros

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

Minuses

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

Appeal the entered decision after several years

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.

About disciplinary action

to cancel the punishment that was applied to an employee who committed a violation in the workplace orally . It is imperative to issue an order to lift the penalty (we talked about how to draw up an order for a disciplinary sanction in a separate article).

The reason for the cancellation of a penalty may be an unreasonable imposition and the disagreement of the employee in respect of whom it was applied.

The basis may be:

• a statement from the employee (including the labor dispute commission), which he can write and attach to it any other papers proving his innocence;
• order of the labor inspectorate in accordance with Art. 357 of the Labor Code of the Russian Federation, issued after an inspection at the request of the employee;
• a judgment made after a trial in court.

An example of an order to cancel a previously issued collection order.

An employee can appeal a disciplinary sanction within a month from the date of receipt. If there is evidence of innocence, the administration of the enterprise is obliged to issue a document annulling the disciplinary sanction.

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 trick people into believing that all their property will be seized, including their only home. 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 2021, Federal Law No. 230 has been in effect, seriously limiting 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 the funds on the cards are blocked. 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 a complaint to the FSSP addressed to the head of the department. He will be punished for the actions of his employees.

Advice! Do not be afraid to communicate with the FSSP, all actions are controlled and subject to 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:

ORDER

Uryupinsk

On amendments to the order of Monolit CJSC dated 05/03/2013 No. 85 “On approval of the regulations of the customer service group”

In connection with the dismissal of the head of the sales department, Serebryakova E.E. and leading specialist of the procurement department R.D. Molotkova. order:

1. The order of Monolit CJSC dated 05/03/2013 No. 85 “On approval of the regulations of the customer service group” is amended and paragraph 3 of this order is stated in the following wording.

Approve and put into effect the regulations on information services for regular customers. Responsibilities for maintaining news and advertising mailings are assigned to the following employees:

• leading specialist OK N.O. Solovyova
• Deputy Head of the Procurement Department A.I. Kapitonova
• sales department specialist P.M. Myasnikov."

1. The order of JSC Monolit dated May 3, 2013 No. 85 “On approval of the regulations of the group for customer service” is declared invalid.

Pay attention to another example - an order to cancel a business trip. Since it relates to orders for personnel, it does not have a unified form and is compiled in any form, but on the official letterhead of the organization.

LIMITED LIABILITY COMPANY "KALMAR"

(LLC "Squid")

Bottom line

1. All court documentation is transmitted through the office.
2. You can cancel a court order yourself, without the help of lawyers, and without overpaying extra money.
3. 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.
4. If the trial took place in another city, you can appeal the conclusion by mail.
5. State structures, unlike commercial ones, if the order is canceled, immediately file a statement of claim.

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.

ORDER

Kaliningrad

On the cancellation of the business trip of Vitka S.S.

Due to the loss of the need for a business trip, I order:

1. Business trip of the chief specialist of the public relations department S.S. Vitke in Warsaw, issued by order No. 27-a dated April 25, 2014, cancel.
2. Control over the proper execution of this order is entrusted to the chief accountant R.M. Korochkin.

Reason: official letter about the cancellation of the seminar dated May 10, 2014.

The proposed samples will help you when drawing up your order to cancel a previously issued order.