The procedure for issuing a court order to collect a debt. Features of drawing up a court order for debt collection

Willful defaulters on a loan may face the fact that a court order will be sent to them to collect the debt. There are only 10 days to cancel it, after which it will be quite legal to seize the collateral from the borrower or seize his accounts.

Court order - what the law says

The peculiarities of the functioning of a court order are regulated by Chapter 11 of the Code of Civil Procedure of the Russian Federation. In particular, it indicates such characteristic features as:

the order is issued by the judge alone, without the participation of the debtor and creditor;
simplified legal proceedings are implied, i.e. the decision is made only on the basis of the documents provided;
the amount under a court order to collect a debt cannot be more than 500 thousand rubles - if the limit is exceeded, a claim must be filed;
the cost of the state duty is reduced by 2 times compared to a standard claim;
the creditor can claim both cash and movable property(i.e. collateral);
the order is also an executive document – i.e. if it is available, you can easily initiate appropriate proceedings (in other words, give it to a bailiff, who will collect money from the defaulter).

What is a court order for debt collection and how is it issued?

Filing an application for a court order

Direct issuance procedure of this document listed in federal legislation. In general, the procedure for obtaining a court order to collect a loan debt is quite simple for the plaintiff.

He needs:

collect documents confirming the existence of obligations (agreement, receipt, etc.);
pay the state fee;
submit an application to the magistrate’s court at the defendant’s place of residence (this is why banks issue loans only to people with local registration - otherwise it is problematic for them to go to court);
wait for a decision to be made - usually it is ready within 2-3 weeks, but a lot depends on the workload of the court.

Debt collection through a court order - sample document

The requirements for which a court order for debt collection is issued include: notarized transactions or executed in the form of a receipt, alimony, unpaid wages and debts for housing and communal services.

By loan and receipt

A court order can force you to repay any debt. Most often, banks resort to it to receive payment from the borrower for a loan in cash or by credit card.

For housing and communal services

But often to similar practice management companies also resort to collect debts for housing and communal services, private creditors, managers of consumer credit cooperatives, microfinance organizations, etc. The reason is the ease of obtaining a document and further production.

Entry into force and duration

As soon as a court order for debt collection is issued, the 10-day period for it to enter into legal force begins. For example, if it was issued on October 15, then on October 26 the creditor may well turn to the bailiffs to initiate proceedings for collecting money or property.

In this case, the defendant must be notified of the existence of the order within this very 10-day period. If he protests the order, it will be canceled and the claimant will have to file a full-fledged lawsuit.

Issuance of a court order for debt collection

But often the issuance of a court order to collect a debt is generally carried out without the participation of the responding party. As a result, he must pay the creditor according to court decision, the borrower learns from the bailiffs who came to his home or work.

But even in this case, the defaulter can still cancel the order by filing a petition with the judge to extend the deadline. True, this only works if there is an appropriate reason that will be accepted by the judge, for example, the payer was in the hospital or even went abroad and therefore could not react in any way.

What is the difference between a lawsuit and a court order for debt collection?

Procedure for notifying the debtor

Most often, courts notify defendants of the decision taken by mail. A copy of the order is sent to your home address by registered mail with notice. As soon as the debtor signs for its receipt, the 10-day period sufficient for appeal begins.

If the defendant did not receive the letter (ignored the notification), then it is returned to the court, and the period for the order to enter into force begins from this date.

In practice, the creditor rarely waits 10 days and is not at all interested in whether the defendant has received his copy of the order from the court. He simply takes it to the bailiffs, and they open production.

If the borrower does not agree with the court decision, then failure to comply with the terms of entry into force will serve as one of the reasons for canceling the court proceedings. However, the order itself will need to be challenged separately.

The statute of limitations for the order is 3 years. If during this period the creditor does not take any action to collect the debt, then it becomes invalid.

Where to see if there is a court order for debt collection

There are several options for where to view a court order for debt collection:

on the FSSP website in the Enforcement proceedings section;
on the website of the local magistrates court;
at the clerk's office in court.

The lender also has its own copy. Most often, debtors find out that they became defendants in court and lost the case from the creditor or from the bailiffs. And the only document they see is the bank's copy.

To get your sample and try to protest it, you need to contact the office and apply for a court order to collect the debt. Since the court sent the original by mail, such applicant will be issued a duplicate, about which there will be a special notification.

But from a legal point of view, the original and the duplicate are equivalent, so there is no problem with this.

Actions of the debtor when issuing a court order

Having received their sample court order to collect the amount of debt, defendants begin to panic and do not know what to do.

Strictly speaking, there are only two options to respond here:

repay all outstanding debt within the specified time frame;
appeal the decision and get the court order overturned.

Most often, debtors, having seen the order, prefer not to get into trouble and pay everything due. This is done simply by transferring funds to the bank details attached to the document.

Be sure to take your copy of the order signed by the cashier or a check - this will serve as proof that the debt has actually been repaid (it will help if the payment got stuck somewhere and did not reach the creditor).

According to statistics, debt collection through a court order is the most effective method achieve payment. People prefer not to deal with the courts and urgently find the money they need.

But in fact, it is possible to appeal the order. And it’s even necessary if the creditor has accrued too much high interest or made a mistake. This will help achieve a more adequate consideration of the situation.

It happens that a court order is issued to the wrong person - in this case, of course, there is no need to pay anything.

What will happen if you do nothing

There is also a conditional third way - simply not to react to the order and continue not to pay. But this has its unpleasant consequences.

So, a court order has been received to collect the debt on a receipt or on a loan. It identifies specific individuals and deadlines payment of obligations. However, the payer did not respond in any way within 10 days, and the order came into force.

Further development events are:

the plaintiff submits the order to the bailiff service;
they initiate enforcement proceedings;
the bailiff addresses the debtor, explains his rights and obligations, and reveals his intentions regarding payment;
If the debtor is hiding, then a statement is filed with the police to search for him.

If the debtor refuses to pay or begins to avoid meetings with bailiffs, then:

bailiffs seize his accounts and seize funds to cover the debt;
if there are no accounts, the arrest is imposed on real estate or a car until obligations are paid (most often this is done when collecting debts for housing and communal services through a court order - seized property cannot be sold, mortgaged, donated, etc.).
the debtor's ability to fly abroad is limited.

As a last resort, bailiffs can simply come to your home and seize property or cash. Money. But this last resort and it is implemented quite rarely. The property is then sold at auction. If there are any left over from the sale of property available funds, then they are returned to the payer.

How to appeal and cancel a court order

To cancel a court order to collect a debt, you must meet several conditions:

the order must not enter into legal force (i.e. the 10-day period must not have passed);
you must agree that there is indeed a debt.

To cancel an order, a counter-statement sent to the court in which the defendant asks to cancel it is sufficient. The order will be canceled immediately after it is registered.

How to correctly draw up an application to cancel a court order to collect a loan debt

What is it for? After all, the debt will still remain; moreover, the borrower will express his agreement with the existence of obligations. Cancellation of a debt collection order can be useful for several reasons:

the creditor will have to draw up a full-fledged statement of claim, and this is a waste of time and money; perhaps it will be easier for you to come to an agreement;
you will get the necessary time to get money and pay off the debt;
if the case goes to trial, you will be able to reduce the amount of the creditor's claims, for example, reduce the number of fines imposed.
you will be able to protect the collateral property.

Conclusion

Some lawyers tend to view a debt collection order as a kind of “mini-lawsuit.” This is true. It’s easy to get it - you just need to submit documents about the reality of the debt to the court and draw up an application. The order has the force of a writ of execution, and according to it you can demand the return of funds or collateral through the bailiffs. If there is no response from the debtor, his accounts and property may be seized. The order can be protested by simply filing an application - the main thing is to meet the 10-day deadline for it to come into force.

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 it is customary for a given bank to expect voluntary repayment debt from the borrower. You need to understand that a court order is already 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 doubts 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 upon submission and consideration statement of 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 opportunity 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 necessary actions 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 the bailiffs. The bailiff can seize existing bank accounts and write off funds from them. If such accounts cannot be found, other methods of influencing the debtor are used: movable and immovable property are seized, travel outside the state is prohibited.

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.

You took out a consumer loan, paid it off regularly, and then for some reason... You receive an order by mail or through a bailiff, and nightmares begin to haunt you that you will not be able to cover the debt and will remain on the street in the literal sense of the word. You should not give in to panic ahead of time.

Statistics say that only 10% of people in our country know and use their rights, and we want this number to increase with you.

So what rights do you have and how can you use them? To understand this, let's look at a few questions:

What is this order?
How to get a?
What is needed to cancel a debt collection order?

This is a document that is issued by a judge in response to a foreclosure application. financial resources from the debtor. It is also assumed that it can be issued based on a contract that is in writing. All lending agreements are concluded exclusively in this form.

A court order is also an executive document. This means that the bank does not have to receive its performance list separately. The resolution is already the basis for the bailiff service to take appropriate measures to collect the specified amount from the debtor.

Obtaining a court order

Court order on application financial institution must be provided within five calendar days from the moment the application is filed with the court.

This paper should be submitted to the magistrate, or at the location of your bank’s office, if the agreement provides for such jurisdiction, or at the borrower’s place of residence, if it is not specified.

It should be clearly understood that the issuance of a court order occurs without preliminary proceedings. No one is called to the meeting to resolve their differences.

Financial institutions benefit from this form of collection. Obtaining a court order is a quick, simple and inexpensive procedure, as you can see if we describe everything point by point.

Make a statement that you have received a court order;
Attach a photocopy of all documentation confirming the conditions;
Pay the state fee, which will be half of the total amount provided for the prosecution of the lawsuit;
Deliver the papers to a magistrate near the location of the debtor or financial company;
Submit the order to the enforcement service; the order itself will arrive within five days.

Cancel

With the receipt procedure court order We figured it out, but what about its cancellation?

We can immediately reassure you: this procedure is not as scary and complicated as you may imagine it to be. All you need to do is write the appropriate application. But let's look at this in more detail.

Find out about the order

How do you know if you have been given an order? There are two possible ways:

A. The court will mail a copy of the order to you at the address listed in loan agreement. Let us immediately note that orders are almost never received this way.
B. You can find out about the existence of the order personally from the bailiff. This option is the most common. You will be presented with a notice of production.

The reason will be indicated in the document itself. The ruling will be reviewed by a judge in your area or city.

Term

In both cases, deadlines should be kept in mind. You have the right and opportunity to cancel this order only within 10 calendar days from the time it was received. The following nuances must be taken into account:

If the order has arrived by email, you have at your disposal only ten days to cancel it;
If you have received a resolution to initiate enforcement proceedings from a bailiff, then you have many times more time. In both options, your actions boil down to one thing: you need to obtain a copy of the order by contacting the magistrate on the basis of which the decision was made. You can receive a copy on the same day if the order is still fresh. If the case is already in the archive, a copy will be in your hands 2-5 days after application.

To receive it, simply write an application.

Statement

When you have received a copy of the order, we proceed to cancel it. To do this, you need to submit an application (petition) to the magistrate. The essence of this statement practically reduced to a formal basis. All you have to do is write that you have objections to the court order and describe the reason why you disagree with it.

And finally, cancellation

Having received such a paper, the magistrate will be forced cancel your order. But you should not think that by taking these actions, you will be able to feel like the master of the situation and like a bad dream. You will only get a reprieve. Bailiffs They will take you off the radar only until the bank files a claim.

Pros and cons of obtaining and canceling a court order

Benefits for the lender:

An opportunity to save time, since the receipt period will be 5 days;
Financial benefit. The lender pays only half the state duty.
You can draw up an application with the help of a lawyer, using a free sample found on the Internet.
There is no need for a dispute or a court hearing;
The creditor's claims will be satisfied 100%;
Absence of a writ of execution in the case;
According to statistics, half of orders are not cancelled.

Negative sides:

This method can only handle consumer loans or credit cards, but not pledges and sureties;
the order costs nothing to cancel even after a two-year period.

Advantages of cancellation for the borrower:

This will not cause you any difficulties. Write a statement within 10 calendar days and you can magically turn back time.
After cancellation, this enforcement proceeding is interrupted.

Borrowers should also be aware of the disadvantages of this measure:

The penalty and interest continue to accrue, and as a result, the amount of debt does not decrease at all;
This does not solve the problem, but only gives invaluable time to understand what to do next.
Instead of going to court with claims, some not very decent banks often sell loans;
It is better to resort to this measure if you are saving money for full payment with creditors.

Video instruction

Detailed instructions for canceling a court order are in the video below.

Based on Article 122 of the Code of Civil Procedure of the Russian Federation, it is possible to collect debt under a transaction that was concluded in ordinary written form (for example, by receipt). To issue a court order, an application is drawn up (a writing sample can be found), to which all available evidence and additional business papers related to the debt are attached, including.

Court order for debt collection

In an application (a sample is published on the Internet) for the issuance of a court order for a debt, written in the name of a magistrate, the applicant indicates:

surname, first name, patronymic;
information about place of residence;
reason for contacting;
date and signature.

The application for issuance is accompanied by written evidence (sample agreement, sample receipt, etc.), accompanying papers, and a receipt for payment of the state duty.

What is a debt collection order?

The transaction is described in the usual form (loan agreement, purchase and sale agreement, debt receipts) and certified by signatures. The relationship between the parties is not notarized, also state registration according to the sample is not needed.

Written transactions are concluded between legal entities in the Russian Federation, in civil cases, if the amount is more than 10,000 rubles. When choosing a proceeding, you need to know that the debtor can file objections regarding the execution of a court order regarding the debt. Where can I find the application? A sample can be viewed on the websites; the paper is submitted to the judicial institution at the defendant’s place of residence.

Application for a court order for debt collection - how to draw up a sample?

You can find a sample application for issuing a debt on websites on the Internet.

Submission of documents for extradition (Article 96 of the Code of Civil Procedure of Russia) is necessary if:

wages have been accrued but not received by the employee;
funds are compensated for searching for the debtor, child, defendant;
debt for payment of housing and communal services, telecommunications, radio broadcasting services is collected;
issuing an order assigning child support;
The cost of the defective product will be refunded.

Objection to a court order to collect debt on a loan

If the judge does not accept the application for the issuance of papers, the applicant has the right to apply again. Lawyers will tell you how to draw up an objection to a debt collection order and a sample.

Court decision on debt collection under a loan agreement and interest

When the judge accepts the documents, a court case is opened, during which documents on debt collection are issued (provided within 3 days). Judicial proceedings according to a certain procedure and is considered without calling the disputing parties.

State duty

The value of the claim on the debt is not important. When submitting papers for issue (a sample receipt can be printed), a state fee is paid in the country's currency, amounting to 50% of the same payment for claims. To calculate the amount, you need to calculate the state duty for the statement of claim and subtract half.

You can use the calculation calculator. A copy of the order for debt collection and a copy of the claimant's application are sent by registered mail to the debtor's residential address.

Court order to collect debt from the debtor

If certain grounds exist, the judge may return the debt petition without consideration. For example, if the applicant has not eliminated the shortcomings of the submitted business papers. Also, if the application was submitted by an incapacitated person or a citizen who does not have a power of attorney to conduct the case.

By receipt

The collector may request the issuance of a claim for debt collection based on a receipt written by the debtor (you can view a sample on the websites).

For housing and communal services

Debt can also be recovered for unpaid housing and communal services (HCS). In this case, the debt is charged taking into account inflation, which is calculated by the housing and communal services accountant.

By loan

What to do if a court order comes to collect a loan debt? The debtor can come to court to consider a debt case and petition for a reduction in penalties and fines (Article 333 of the Civil Code of the Russian Federation). The civil servant makes a decision on consumer loans. Typically, a claim is not filed for a loan issued for more than 3 years.

For taxes

Requests for collection of property tax, transport and other types of taxes must be submitted within a certain time. Limitation of actions debt is three years.

According to the loan agreement

Individuals and legal entities can enter into a cash loan agreement (sample attached). If the agreed amount has not been paid on time, the creditor can apply for a release of debt and interest.

The procedure for filing an application for a court order for debt collection

The debtor has the right to file an appeal about the debt and his objections. Such a paper (specialists will help you draw up a sample) is provided to the authorities within ten days after the decision made by the judge. The application to cancel the court order must describe the situation and circumstances regarding the unfoundedness of the requirements.

Writ proceedings are a simplified procedure for consideration individual categories cases in a short time frame. Cases are considered by a judge alone, without calling the parties.

Concept

The essence of the court order is disclosed in Art. 121 of the Civil Procedure Code of the Russian Federation and Art. 229.1 of the Arbitration Procedural Code of the Russian Federation. The basis for it is the plaintiff’s statement to collect money.

The order is both a verdict and an executive document.

Types of disputes

Let's look at what types of penalties there are:

alimony;
arrears, fines, taxes and other obligatory payments;
for transactions made in simple written form or certified by a notary;
wages;
expenses incurred to search for the debtor, a child taken from the debtor in accordance with a court decision;
requirements for notarial protest of a bill.

A limit has been established on the amount of claims: 500 thousand rubles when considered by magistrates and 400 thousand rubles in arbitration.

The procedure for filing a court order for debt collection

The order is issued by the magistrate at the defendant's place of residence. The only exceptions are cases of collection of alimony for child support, which can be filed at the place of your registration or permanent residence.

If the defendant’s place of residence is unknown, then the court should be addressed at his last known place of residence in the Russian Federation.

In case of a dispute between legal entities, the case is considered in arbitration court at the place of registration of the organization.

Documents for issuing a court order:

statement.

Compiled in simple written form. Mandatory indication: details and name of the court district, full name. persons, names of organizations and contact information parties, description of the situation and requirements for debt collection;

receipt of payment of state duty.

The fee for issuing a court order is 50% less than when considering a case through a claim proceeding. The amount of the duty is specified in Article 333.19 of the Tax Code of the Russian Federation. Details can be obtained from the office or on the court’s website;

copy of passport (first page and registration);
evidence supporting the applicant's position.

For example, if we are talking about collecting alimony, then the evidence will be the child’s birth certificate, where the defendant is indicated as the father, a copy of the marriage certificate/divorce certificate, a certificate of paternity establishment (if the parents are not or were previously in a registered relationship).

The package of documents can be submitted in person, through a representative by proxy, or by registered mail with notification.

If the judge returned the application because it was presented incomplete set documents, you can apply again with a complete set of papers.

A decision to refuse to accept an application is made if:

the defendant lives outside the Russian Federation;
the claim is not subject to consideration in the order of writ proceedings;
After examining the documents, the judge determined that there was a dispute between the parties.

Deadlines

After receiving the documents, a court order is issued within 5 days (10 days in arbitration). The basis for the decision is indisputable documents, so the case is considered without calling the parties, by a single judge.

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

What should a debtor who has received a court order do?

In accordance with the Code of Civil Procedure of the Russian Federation, the person who received the order has 10 days to appeal it. To do this, you must appeal to the court where the decision was made with an objection.

If the deadline is missed for a good reason, then you can apply for restoration of the period and attach written evidence: documents about your stay on a business trip, inpatient treatment in a hospital.

Objection to a court order

The document is drawn up in free written form. The main thing is to indicate your disagreement with the decision made.

The law does not require that an objection be motivated and supported by evidence.

There is no need to pay a state fee when filing an objection.

Cancellation of a court order for debt collection

If an objection is received, the judge issues a ruling on cancellation. The ruling clarifies the applicant's right to resolve the dispute through litigation in a court of general jurisdiction.

No later than 3 days (5 days if the parties - legal entities) from the moment the ruling is made, copies of the document are sent to the parties.

If no objections are received from the defendant within 10 days, the order comes into force. To enforce the decision, the applicant should contact the judge for the issuance of a second copy of the decision with an official seal. At the request of the claimant, the order can be sent to the bailiffs in paper or electronic form.

Based on the document, the bailiffs open enforcement proceedings. The defendant is given the opportunity to voluntarily fulfill his obligations within 5 days; if he refuses, methods of forced collection of the debt are applied to the debtor.