Judicial order for debt recovery. Bank credit order

STATEMENT

on the submission of a court order to recover the debt under the loan agreement

On March 1, 2013, a loan agreement was concluded between the plaintiff and the defendant (hereinafter referred to as a loan agreement), according to which the defendant assumed the obligation to return the plaintiff with the money amount obtained by them in the amount of 5,000,000 rubles in the following dates:

2,500,000 rubles. - no later than July 01, 2013
2,500,000 rubles. - no later than January 01, 2014

Broadcast money confirmed by the reception. IN set time The cash by the defendant was not returned.

In accordance with paragraph 6 of the loan agreement for each day of the delay of payment, penalties are charged in the amount of 0.5% of the unpaid amount. The calculation of the amount of interest and the amount of the requirement is given in the annex to this statement. The amount of interest for the delay in return of the loan as of the submission date of the statement is 500 thousand rubles.

The total amount of requirements for this application is 5,500 thousand rubles.

In accordance with art. One-sided refusal to fulfill the obligation and one-sided change of its conditions are not allowed, except in cases provided for by law.

In accordance with Part 1 of Article 810 of the Civil Code of the Russian Federation, the borrower is obliged to return the lender the resulting loan amount within and in the manner provided for by the loan agreement.

In accordance with Part 1 of Article 122 of the Code of Civil Procedure of the Russian Federation, the requirement is based on a notarized transaction, the applicant is issued judicial order.

Based on the above, in accordance with Article 309, Article 310, Article 810 of the Civil Code of the Russian Federation, Article 122 of the Code of Civil Procedure of the Russian Federation,

I ask the court:

1. Making a judicial order for recovery from the defendant in favor of the plaintiff monetary sum in the amount of 5500 thousand rubles. Based on the loan agreement of 01.03.2013.

2. To recover from the defendant in favor of the plaintiff costs for the state duty.

Applications:

Calculation of the amount of the claim
Loan agreement
Cash receipt

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Job of Judicial Page No.

_______________ district __________

__________________________________

Charger: FULL NAME

Registered: _____________________

____________________________________

Debtor:

FULL NAME / OR NAME OF THE ORGANIZATION

Amount Requirements: __________ rubles.

State duty: _____ rubles

STATEMENT

about issuing a court order

"___" ___________ 20__ years I concluded with FULL NAME / S LLC _____ (OGRN _______), represented by general Director FULL NAME, Treaty on the provision of an interest-free loan in the amount of _______ (_________ thousand) rubles for _____ months / year.

The specified circumstance is confirmed by the loan agreement from _____ and the receipt / receipt for receipt № ___ from _____

In accordance with paragraph ____, the borrower's loan agreement undertakes to return the lender the resulting loan amount after the expiration date specified in paragraph ____ of this Agreement.

Considering that the money was transferred to the debtor ______ years, its obligations to return the loan amount of FULL NAME / LLC "___________" should have fulfilled ______ years, but so far money in the amount of ____ (_____ thousand) is not returned to the debtor.

During the negotiations with the debtor, no specific periods of fulfilling their obligations for the return loan did not report.

In accordance with Part 1 of Art. 807 of the Civil Code under the loan agreement One party (lender) transfers to the ownership of the other party (borrower) money or other things defined by generic signs, and the borrower undertakes to return the goal of the same amount of money (the amount of the loan) or an equal number of other things they received the same kind and quality. The loan agreement is considered concluded from the moment of transferring money or other things.

In accordance with Part 1 of Art. 810 Civil Code of the Russian Federation The borrower is obliged to return the lender the received loan amount on time and in the manner provided for by the loan agreement.

According to para. 3 tbsp. 122 Civil Procedure Code of the Russian Federation The judicial order is issued if the requirement is based on a transaction committed in simple writing.

Based on the above and guided by Article 807,810 of the Civil Code of the Russian Federation, Art. Art. 121 - 124 Code of Civil Procedure of the Russian Federation,

1. Assign the judicial order to recover from FULL NAME / LLC "_______" to my benefit of the debt under the loan agreement from _________ in the amount of ________ (__________) rubles

Application:

1. Associate interest-free loan from ______

2. Receipt to the receipt and cash order number ____ from _______

3. Recipment confirming the payment of state duty.

Customized production is a simplified procedure for consideration some categories Affairs in abbreviated time. Cases are considered by the judge alone, without a call to the parties.

Concept

The essence of the judicial order is revealed in Art. 121 Civil Procedure Code of the Russian Federation and Art. 229.1 of the Arbitration Procedure Code of the Russian Federation. The basis for it is the statement of the claimant for the recovery of money.

The order is simultaneously verdict and executive document.

Types of disputes

Consider what are the types of penalties:

alimony;
arrears, fines, taxes and other mandatory payments;
on transactions committed in simple writing or certified notarized;
wages;
expenses incurred by the debtor's search, a child selected by the debtor in accordance with the court decision;
requirements on a notarized promissory bill.

The limit on the amount of claims is established: 500 thousand rubles when considering in world judges and 400 thousand rubles - in arbitration.

The procedure for filing a judicial order for debt collection

The order is issued by the global judge at the place of residence of the defendant. The exception is only cases of recovery of alimony for the maintenance of the child, according to which you can contact the place of your registration or permanent residence.

If the place of residence of the respondent is unknown, then contact the court follows the last well-known place to stay in the Russian Federation.

With a dispute between legal entities, the case is considered in the Arbitration Court at the place of registration of the organization.

Documents for issuing a court order:

statement.

Compiled in simple writing. Be sure to indicate: details and names of the judicial site, F.O.O. persons, names of the organization and contact information of the Parties, a description of the situation and requirements for the recovery of debt;

receipt about the payment of state duty.

For the issuance of a judicial order of a fee of 50% less than when considering the case in accordance with the procedure for claim. The size of the duty is indicated in Article 333.19 of the Tax Code of the Russian Federation. Details can be taken in the Office or on the Site website;

copy of the passport (first page and registration);
evidence confirming the position of the applicant.

For example, if we are talking about the recovery of alimony, the evidence will be the child's birth certificate, where the defendant is specified as a father, a copy of the marriage certificate / on the termination of marriage, the certificate of paternity (if parents do not consist or previously in registered relationships).

A package of documents can be submitted personally through a proxy representative, or by registered letter with notice.

If the judge returned the statement, since the incomplete set of documents is presented, then you can react with complete set Papers.

The definition of a refusal to accept the application is made if:

the defendant lives outside the Russian Federation;
the requirement is not subject to consideration in order of ordinary production;
after studying the documents, the judge found that there is a dispute between the parties.

Deadlines

After receiving documents within 5 days (10 days in arbitration), a court order is made. The grounds for making are undisputed documents, so the case is considered without a call to the parties, the judge is solely.

The document is drawn up in 3 copies: for the court, the applicant and the debtor. Instances are sent to parties by mail.

What to do the debtor who has received a court order?

In accordance with the Code of Civil Procedure of the Russian Federation by the person who received a prescription is 10 days to appeal. For this, it is necessary to apply to the court, where the ruling was issued, with an objection.

If the term is missing for a good reason, then you can contact a petition for restoring the period and attach written evidence: documents on staying on a business trip, in the hospital treatment in the hospital.

Objection

The document is drawn up in free writing. The main thing is to point out his disagreement with the rendered decision.

The legislation does not make the claims to ensure that the objection was motivated and reinforced by evidence.

When submitting an objection, the state duty is not necessary to pay.

Cancellation of the court order to recover the debt

When an objection is received, the judge makes a definition of cancellation. The definition explains the applicant's right to resolve the dispute in the order of claim in the court of general jurisdiction.

No later than 3 days (5 days in case the parties - legal entities) from the moment of determining the copy of the document are sent to the parties.

If in a 10-day term of objections from the defendant did not arrive, the prescription enters legal force. To execute the decision, the applicant should address the judge for issuing a second copy of the ruling already with the stamp. At the request of the recoverer, the order can be directed to the bailiffs in paper or electronic form.

On the basis of the document, bailiffs open executive production. The respondent is given the opportunity for 5 days to voluntarily fulfill obligations, with refusal to the debtor, the methods of forced debt collection are applied.

Problem situations on mutual settlements with counterparties are found particularly often in modern practice. The main reasons for the accumulation of debt - financial inconsistency, inappropriate spending of funds, personal intent of the debtor. The most optimal option for the creditor is the submission of a lawsuit. The competent authority will consider the appeal and will decide on the forced recovery of debt from the defendant. For this reason, it is necessary to know what force is the court order to recover the debt with legal entity, citizens.

Nuances of formation

Federal legislation protects the rights, interests, freedom of citizens and legal entities. The counterparties conclude agreements with the condition of timely execution of obligations, and after a minor time, refuse their execution. For example, the company agreed to supply materials, the customer signed a contract for the manufacture of products. Due to breakdown, the buyer will lose reputation. The lender carries significant losses, it turns out on the verge of a financial crisis.

Current debts are formed on housing and communal services, purchase and sale agreements, supply, civil and family obligations, loans and many others. The most popular disputes on the services of banks, microcredit companies. Take off the borrower can like financial organizationand in acquaintances, relatives. For debts related to several persons, solidarity is underway. An example of such transactions can be considered loans with the assignment.

To resolve the dispute in a short time with minimal financial losses, a system of ordinary litigation. Chapter 11 of the Code of Civil Procedure of the Russian Federation regulates the procedure for filing, issuing, the procedure for entering into force of court decisions. According to Art. 121 of this Code, p. 229.1 APC of the Russian Federation Judicial order - a decision made by the arbiter sole.

You can recover monetary assets, property, costing no more than half a million rubles. All requirements are measured in national currencyDebts in dollars and euros are subject to recalculation to ruble equivalent. The order is an executive form, shall be implemented according to the procedure established by law.

It is not rare to recover various debts necessary judicial

When to file a claim

We list the grounds for the initiation of production:

Disrupted the procedure for execution of a transaction certified by a notary.
The arrangement of the parties to the relationship is concluded in writing (in a row, lending, sale, etc.).
The notary office worker protests the action of the bill due to the impossibility of its execution.
The former spouse is a lawsuit for the recovery of alimony to ensure children who have not achieved adulthood.
The application of the lender contains the demands on the return of debts accumulated by labor relationship from the employer.
The federal executive authority declares compensation for the costs of operational and search works on the detection of the debtor, his property, a child.
The worker requires payment of interest for violating the timing of wages and other payments due to him in the Labor Code.
The plaintiff appeals to the court for recovery of debt for utilities, telephone communicationOverhaul.
Members of the Partnership, real estate owners in the construction cooperative do not carry out mandatory payments and contributions.

For example, the Bank presented the requirements for the heir to the debtor's heir to pay credit unreleased. Today, many disputes are formed due to receipts by overhaul apartment buildings. Residents refuse to pay regular payments and wink debts. Employees can refer to the unpaid salary from the unfair employer through the court.

Procedure for consideration

The judicial order is issued according to the requirements of an indisputable nature, confirmed by documents that are legally binding. For example, unpaid debt is considered to be justified if there is a credit contract signed by the parties, debt receipt, the child's birth certificate, etc. The case is conducted on the initiative of the lender without the participation of the parties in meetings. This embodiment of disputes is simplified, takes a minimum time.

After filing the claim, it will be considered by the judge

A priori court recognizes the debtor guilty and obliges to pay the accumulated debts. The proceedings do not imply contests, presentation of mutual requirements, reproaches, listen to arguments. If a filed lawsuit is accompanied by form confirming the fact of the occurrence of the obligation, the judge will satisfy it. Tasse the existence of debt can form accounting: acts, overhead, agreements, reconciliation, etc.

The statements corresponding to the above conditions are submitted to the court in accordance with the jurisdiction (Article 123 of the Code of Civil Procedure of the Russian Federation) are considered by the global judges or arbitration. main feature Production is a five-day term for solving. The dispute is taken to the trial only after the payment of state duty in the amount of half of the standard claim (Article 333.19 of the Tax Code of the Russian Federation).

Validity

According to Article 196 of the Civil Code of the Russian Federation, a total three-year period of lawsuit is established for relationships. Individual labor disputes are considered within the deadlines established by Art. 392 TK RF, no later than the year since their occurrence. For taxes, the period of claims does not work.

By the court decision, the duration of the period to protect the rights, interests of the affected party can be extended, restored. According to Article 204 of the Civil Code of the Russian Federation lawsuit Interrupted when applying for ordinary production. According to the claims presented under the criminal case, the judge will reject the application until the administration of punishment.

Like any executive document, the judicial order has limited lawsuit. Let's start with the fact that the form is issued five days later from the moment of registration of the statement of the chancellery of the court. The defaulter is given a ten-day deadline to arrange a complaint by decision.

Under art. 21 ФЗ №229 dated 02.10.2007 G. The recoverer is provided with thirty-six months to present a copy of the order for execution. According to this draft law, the addition is carried out by performing actions for a two-month period, which directs the notice to the parties to the dispute. If the plaintiff made a delay, the document loses force and is not accepted for processing.

It is worth noting that the document is in public service FSSP to actual debt repayment or confirmation of circumstances that prevent its execution. When returning a form without the recovery, the lender receives an updated date of presentation.

The claim has a claim has for a debtor as its disadvantages and pluses

Positive and negative moments for the defendant

Customized production does not imply the direct participation of the conflicting parties in a court session, so the borrower receives a copy of the document on the fact. Further, it should be found out what to do if a court order came to recover overdue debt on the bank loan.

Legislation provides a deadline for challenging the content of the document, the size of the requirements, the circumstances of the transaction. It is in this that the first positive moment Such judicial trial. The second plus - the recoverer did not attract collectors to recovery. Therefore, no one will be intrusing to call, write, threaten. In addition, ordinal production protects the defaulter from the loss of the apartment, since the debt is insignificant.

A big mistake of the defaulter is the adoption of the order of the order, as due. It is necessary to carefully familiarize themselves with the amount of debt, the validity of the conclusions. If there is a chance of overstrying debt arreed, you need to immediately apply the petition of the judge. Banks benefit from lending to citizens, and then collect debts on the orders, since the majority of debtors absolutely do not know their rights, do not delve into the nuances of the requirements.

Undoubtedly, it is more profitable for debtors to bring the case to enforcement proceedings, because in this case the defendant participates in the proceedings, submits counter claims. In addition, the court disassembled in detail in the circumstances of the dispute, confirms the validity of the debt. The borrower will be able to ask for deferments, installments, restructuring outstanding debt, to apply for a decrease in penalties, penalties.

Credit organizations are not interested in pulling time when debugs, as the rating, profitability of activities in general depends on the efficiency of their work. Therefore, banks, seeking not overdue recovery, as soon as possible turn into a world court and, fifteen days later, begin to return loans. And the debtors expect the most negative consequences: from the loss of money, to confiscation of property.

Additional advantages

According to Art. 129 Code of Civil Procedure of the Russian Federation The debtor has the right to appeal to the decision of the judge and demand its cancellation. To cancel the action of the document, it suffices to prevent informed claims, evidence of innocence, the lack of debts. After that, the Court annuls the form and invites the parties to the dispute to initiate the statement of claim to resolve the problem.

The debtor may challenge the decision

The big plus of debt claims by order is the reduced size of the state duty. When making a positive decision legal costs Located in the debtor, so according to ordinary production, the payer will return half the size of the standard budget collection.

If the defendant fully agrees with the requirements of the recoverer, is ready to repay them in a compulsory order, the order will become the best solution. First of all, the borrower does not need to spend time and money for visits to court, in the second - the potential risks and costs are reduced. This means that the debtor is finished with minimal costs compared with the standard procedural proceedings, do not have to pay lawyers to protect rights.

Rules for issuing, execution

To get an order for the recovery of money, the return of property that is at the disposal of the unfair debtor, you need to apply for the established form to court. Lawyers, practitioners consultants will help in drawing up this form, will take into account all the requirements and nuances of laws. The form can be downloaded via the Internet on open portals absolutely free. A sample document is also issued in the court office.

We list the basic details, the presence of which is mandatory in this past:

Full name of the court, a charter, defendant.
The magnitude of the present debt, the scope of requirements.
Documentary rationale claim.
Calculation of pennels, penalties.
List of applications.
Date, applicant signature.

The court will refuse to satisfy the application, if the form, deadlines, the conditions of its submission are not met. On the return of appeal without execution, the arbitrator makes a decision for three days. A copy of the corresponding definition is sent to the charter. In this case, the lender does not deprive the right to turn over the protection of its rights. Then a new case will be initiated.

The application must be drawn up in accordance with the established rules.

Form structure

The order is compiled according to the standard template and contains the following information:

The number of ordinary production, the date of the decision of the solution.
Name territorial judicial authority, artist name.
Information about the participants of the dispute.
Regulatory act that allows you to satisfy the claim.
The magnitude of the debt to be matured, the list of objects for refund.
The amount of sanctions, penalties, fine.
State duty, recovered in favor of the lender, the state.
Payment details of the charter.
The repayment scheme is arreed.
Debt formation timing.

In relation to disputes on the recovery of alimony, information about children, passport details of the debtor and the place of employment are made. The form is published in two copies on a sheet with special protection, one remains in the case file, and the second is transmitted to the creditor. The debtor receives a copy of the form certified by the established procedure. The size of the deduction is prescribed as a percentage or solid currency.

Entry into force

When the debtor for ten days does not impose objections to the court decision, it enters into legal force. The procedure for issuing a document is regulated by Art. 130 Code of Civil Procedure of the Russian Federation. The blank is assigned to the stamp print, is transmitted to the hands of the lender. To obtain the form, the recoverer must contact the court office after the expiration of the deadlines for appeal. It is important that the lender must control the time interval independently, the notice will not be directed.

After making a decision to work, service bailiffs enter

According to an additional application, the order may be aimed at fulfilling the bailiffs. Modern technologies In 2018, it allows you to do this by electronic communication channels, which will significantly reduce the dates for the return of debts.

If the state duty is subject to compensation not by the debtor, but due to pay to the federal or regional budget, at the same time an executive list is issued. The template is also transmitted to the execution of FSSP, but already at the initiative of the court, not a recoverer. For the destination does not matter from whom the form entered.

Implementing a solution

The execution of a judicial order for the forced recovery of outstanding debt is the prerogative special service - FSSP. The judicial order is the basis for the initiation of enforcement proceedings, which the attractive resolution is addressed about. Within the framework of the case, the civil servant is investigating the debtor, his property, housing, assets, if necessary for children. The attractment can attend the home address of the defendant, calling him the day of the extension.

Next, it should be found out if there is a court decision on the recovery of debt that the debtor expects further. First of all, the recovery is drawn to money. Pickup sends request credit organizations, tax ServiceTo find out whether the respondent is owned by settlement accounts, deposits, and whether they have a free balance.

When there is not enough money or they are missing, the Contractor sends a decision to keep debts from the income of the defaulter, including wages, pensions, profits from business activities. Pensioners will not be able to avoid legitimate measures, hold from social payments. Non-working citizens will extinguish debts at the expense of the benefit from the state. For workers, the limit of wages from wages is established: up to 50% for all arrears and no more than 70% on alimony, moral harm.

Extreme Measure for debt - arrest, confiscation and implementation of property facilities. In this case, there are restrictions on assets, the recovery of which is prohibited. The full list is contained in Art. 446 Code of Civil Procedure of the Russian Federation. You can not pick up the only housing, vital items, awards from the borrower. The law prohibits select seeds, vehiclesnecessary to move disabled.

There are special points on the execution of orders during the bankruptcy procedure. In this case, the competition manager is repaying the debts of the Organization in the Registry Priority. Repayment sources are determined according to the balance sheet.

Bailiffs can hold means for almost any sources of debtor's income

At any stage of the dispute, the parties may come to a decision on the conclusion of a forgiveness agreement. Then the debtor's accounting will issue an inconsistency of arrears and reflect the operation with the corresponding wiring. The required adjustments are also included in the creditor accounting.

From judicial practice

According to statistics, the most popular proceedings under simplified procedure for 2017 - the recruitment of debt pays, loans, loans, alimony. In 2018, despite the severity of law, prohibitions and threats of Putin V.V., employers actively violate the rights of workers. Therefore, the number of claims for the recovery of debts on the salary, reimbursement of interest for violation of the periods of payment has repeatedly increased.

According to a significant proportion of statements of recovery, the court takes a positive decision. But this situation is not a guarantor of the strict execution of the document from the debtor. There are often cases of submission of objections, petitions, requirements for cancellation. The saline is deeper and more often studied legal nuances, Therefore, have a better idea of \u200b\u200bour own rights and powers.

Banks enjoy the right to judicial protection on a par with ordinary citizens. They may collect debts with non-payers by all legitimate waysIt is important to know the procedure for recovery of debt. One of these loan return options is a judicial order for the recovery of a loan debt. What to do in this case?

It is necessary to know that this order is made without proceedings and notification of the parties, the debtors do not know about the procedure of recovery until they receive a similar document, so you will almost not be prepared for its preparation for obtaining it.

Order proceedings - Legal aspects of the procedure

As the law establishes (Russian Code of Civil Procedure), the order is an act of justice, which the judge makes it onemand alone according to an indisputable requirement if its amount does not exceed half a million rubles.

The order for recovery is equal to the court decision, it is obligatory for the execution by government agencies, commercial enterprises, citizens.

It differs from the decision made by the results of the proceedings:

To make it no need to participate the plaintiff and the defendant, therefore it is not prepared for the consideration of the dispute, or the meeting.
It is made only on the amount established in the law, not higher than half a million rubles, the undisputed nature of which is confirmed by the documentation.
When it is executed, an executive list is not issued, forced recovery is carried out by order.

A document on the written request of the recoverer is issued, which indicates all the characteristic claims (the names of the judiciary, personal data and addresses of the Parties, the applicant's claims and their evidence).

Application according to the rules of jurisdiction, characteristic of claims:

The magistrate is a debt to fifty thousand rubles.
In the district court, with the amount of the requirement of fifty one thousand.

For appeal to be paid to the duty in the amount of half the amount, which is established to consider similar in the nature of the claim.

The law is given by the law of five working days. A document is printed in two authentic copies, decorated in a special form.

It indicates:

Business number and date of compilation.
The name of the judicial body and the FIO of the judge.
Personal information of the parties (FULL NAME, addresses, place of birth and work - for citizens; name, legal and actual address - for organizations).
Legislative act that allows you to satisfy the requirements.
The size of the precipitated amount, penalties, penalty, state duty.

A copy of the order will be sent by the debtor in ten days from the date of refinement.

In some cases, the judge may refuse to issue an order. This happens if:

The request specified by the debtor is not included in the list of requirements for which the document is allowed.
The debtor lives or is abroad.
From the meaning of the application it is clear that it contains a legal dispute.

Under such circumstances, the court makes a definition. According to the law, the judge is given for three days. A similar judicial act is permitted to appeal as an act of a court that prevents the consideration of the dispute. Further, executive production takes place, where the case and the recovery of debt bailiffs are transmitted.

Requirements when it is allowed to do without proceedings

If a court order came to recover the debt on the loan, the fact that the debtor depends depends on the requirement for which he was rendered. It is permitted to take advantage of the right to initiate ordinary production (Russian Code of Civil Procedure, Article 122) when collecting funds, if the debt was formed as a result of non-fulfillment:

Notarized contract, transaction concluded in writing.
A notary launched bill (with default, non-acceptance, undulation).
Aliminal obligations of parents before children, if the dispute is not combined in nature with the establishment and challenge of parental relationships or involvement of unauthorized persons.
Obligations on the employee of the accrued wage or compensation for late issuance of earnings.
Responsibilities for paying housing and communal services, making fees for communication.
By payment of contributions and payments established for participants of the HOA or HCC.
By payment of expenses government agenciessuffered by them as a result of the search for the debtor, the defendant, the child.

In addition, it is allowed to request an order and if desired to remove your own property from someone else's illegal ownership. In this case, it is necessary to prove the nature of ownership of items that retired from the ownership of the applicant.

Judicial order for the recovery of debt on the loan - what to do after it is received

Another difference of the order from the claimation of debt is the procedure for its cancellation - to cancel it easier. For this, it is enough to send an application for disagreement with its execution. The debtor can cancel this paper in a period not exceeding ten days from the date of receipt.

In that situation, when the debtor will declare about the desire to cancel the decision, the court shall be made a definition of its abolition, which indicates the right of the recoverer to request debt in claim. A copy of the act is sent to the parties three days after adoption.

If the debtor did not have time to notify the justice body of disagreement with the recovery imposed by this document, the court conveys the second original of the order to the applicant for its execution. The recoverer may ask the court to send paper by bailiffs.

By law since September 2015, it is allowed to do this in the form of an electronic document, but only on condition that an electronic copy is signed digital signature judges. Obtaining judges of signatures is determined by special laws and subtitle acts.

Legal practices of courts on issues and cancellation of judicial acts

Customized production is intended to facilitate the procedure for making acts of justice, because the stage of standard consideration of the dispute is seized.

Sometimes officers, making his decision in this form, incorrectly apply legal norms on refusal to issue an order. In this situation, the actions of the judge are not the debtor, but the applicant.

Thus, the city court of Blagoveshchensk Amur region, examined the materials of complaints of MTS OJSC on the abolition of the definition of the magistrate on refusal to issue a court order, established:

The applicant appealed to the magistrate with a statement about the initiation of ordinary production against Leusin D.V. In order to recover from him a debt for communication services.
The recoverer was denied the issuance of a document, because the applicant did not provide evidence of debt and the statement sees a dispute about the right. The conclusion of the judge, on the legal conflict between the parties, was made due to the provision of services at a zero balance on the telephone number of the debtor (that is, in debt).
The plaintiff believes that this position is incorrect, because the deal is concluded in writing in the form of an agreement to join the rules for the provision of communication services of MTS OJSC. These rules are a public offer, they have the possibility of receiving services without payment (on credit).
The plaintiff documented his arguments about the unfoundedness of the definition of the magistrate.

After the study of all materials of the case, the court ruled on the satisfaction of the complaint, canceled the definitions and sent the case file for re-consideration. Important role Play times limitations for the recovery of debt.

If you have come a court order to recover the debt on the loan, what to do you will be prompting on the site site - free legal assistance online. Employees of the portal competent lawyers with experience in order production.

They will help to make an application for disagreement with the execution of the document, will explain why it is to be submitted, in which order is considered, what decision is entitled to make a judge.

Consultation takes place in online mode, you do not have to spend time searching for a law firm - you will immediately learn how to do you, so if you received a court order to recover the debt on the loan what you already know. Do not hesitate, contact our specialists who will provide you with qualified help absolutely free!