A sample application for the cancellation of a court's absent judgment. Appeal against the absent judgment

How to cancel a judgment in absentia? Should I despair if all the terms for filing an appeal have passed? This issue is of concern to many today, as litigation related to violations of debt obligations has become more frequent. We will try to disassemble the action plan in more detail, and we will also present a possible example of an application for the abolition of a court's absent judgment. But first of all, what is a similar form, than it differs from full-scale verdicts.

The concept of

An absentee court decision is a special simplified procedure for making a decision on a specific case. To make a verdict on this form, the following conditions must coincide:

• Obligatory consent of the plaintiff.
• The absence of a defendant who was warned by all the rules of procedural legislation.
• The dispute in question arose from civil legal relations, that is, on the claim.

The first paragraph provides for the writing of an appropriate appeal on the consideration of the case in the absence of the plaintiff. Such examples of applications to the court can be drawn up without experience and knowledge. There are no special requirements for writing. It is enough simply to notify the court in free form. This would mean that the applicant is not against such a form of decision, and, naturally, in such cases the defendant's consent is not necessary, since such a decision is made when he fails to appear.

Difference from the order

The absentee decision is, in fact, the same verdict of the district court, in contrast to the court order. What is the difference between them?

A court order is a verdict of a justice of the peace. It can easily be canceled by writing an objection without explaining the reasons. In this case, the applicant will have to file a new claim with a higher authority. It is the district court.

The abolition of the absentee decision necessarily involves a repeated, "normal" examination of the case in the near future in the same instance.

Difference from full-time solutions

The difference between the absentee decision and full-time is:

• Procedural examination of the case.
• Terms of appeal and cancellation.
• The entry into force of a lawful decision.

Procedural differences

With regard to the procedural examination of the case, it is all clear - the judge without hearing the parties, on the basis of the applicant's written evidence, makes a decision. For the plaintiff, as a rule, they are advantageous, since the evidence and opinions of the other party are not heard, and, therefore, do not affect the outcome of the case in question.

Full-time solution implies competitiveness of the parties. Here you can challenge the claims, produce evidence, file petitions, call witnesses, etc.

Time for appeal and cancellation

The order and the sample of the application for cancellation of the absentee court decision will be considered below, but for the time being we will list the differences in the terms of appeal and cancellation.

Appeal for such a verdict is given for 7 days more than full-time. This is due to the possibility of canceling the decision, by presenting powerful arguments for this. These include:

• Respectful cases of failure to appear in court: illness, business trip, rest in another city, etc.
• Arguments that need to be listed for the expediency of such cancellation: list the evidence and objections that may lead to a new outcome of the case.

Myths and reality about coming into force

Incorrect interpretation of laws creates myths among inexperienced lawyers and legally illiterate citizens about the entry into force of a court's absent judgment. According to the civil procedure code, it comes into force within a month after the time for filing an appeal. However, the respondent can do this within seven days from the time he received the notification. It is the last phrase that generates errors among the "interpreters" of the laws, and they hope that if they do not receive a judicial verdict in their hands, the decision will never enter into legal force. Such illusion will continue until the moment when bailiffs block bank accounts and seize the debtor's property.

In fact, it is really given 7 days for the cancellation of such a decision. From this moment, thirty days before the appeal is dismissed. For example, if today the court took place, then only after 38 days the decision will come into force.

If the respondent submitted within seven days the application for annulment of the absent decision, if the refusal is made 30 days are counted from the moment of the negative verdict on cancellation.

The procedure for appealing an absent judgment

The most common mistake in filing a complaint is to send it directly to the appellate instance. Appeal of the absentee decision takes place through the court where the verdict was taken.

Specific examples of applications to the court for filing an appeal can be found in its secretariat. We will consider only the correspondence solution.

Sample application for cancellation of absentee court decision

The application for cancellation looks like this:

• In the right upper corner write the name of the court, for example, "Barabinsky District Court of Mezhdurechensk". Below is indicated the procedural person (from the defendant) and personal data.
• Below in the middle: "Application for cancellation of the absentee court decision".
• It is further stated that "in the proceedings of the court there is a civil case on the lawsuit ... (it is necessary to enter the plaintiff's data and his demands.) In my absence, the court issued a" such-and-such "decision in absentia ... (hereinafter it is necessary to indicate the operative part of the verdict). Was caused by objective circumstances, as I was on a business trip, and in order to pass a lawful decision, I will present proofs of refutation of the requirements, on the basis of the above, I ask you to cancel the earlier decision. "
• After the application it is necessary to allocate the application, in which there will be evidence or circumstances that can change the initial verdict. It can be information from medical institutions, extracts from the work record book, checks, payment receipts, tickets, travel orders, etc.

The above example of the application to annul the court's absent judgment does not contain in the attachment a receipt for payment of the state duty, since this procedural action is not subject to any charges. How much is considered this statement? About this further.

Terms of consideration

Consideration of the application for cancellation of the absentee court decision takes place within ten days from the day it is registered in the office. All interested parties are notified of the place and time of consideration. The order of all actions in a civil dispute is as follows:

1. A correspondence solution is considered.
2. A statement is being written about its cancellation.
3. Decisions are taken on the application.
4. In the case of a positive verdict, a new trial is scheduled. Then everything depends on the court. Will remain either to appeal, or to enjoy the successful outcome of the case.

The main feature of the correspondence solution for the plaintiff

If you need someone, and you decided to demand money through a court that took a decision in absentia - remember that this is not the final verdict. Its main "chip" - at any time the debtor may appear and cancel it. With this it is difficult to do anything.

One of the solutions, in which the absentee decision will be "iron" and irrevocable, is to prove that the defendant deliberately evades the judicial agenda. For example, the plaintiff himself should send a courier of the postal service, who will personally notify the respondent. If the debtor shirked, the courier can be interviewed in the presence of a notary and document the testimony.

The Civil Procedure Code provides that the cancellation of absentee decisions can only be in cases of good reason for non-appearance. The main one is ignorance of the court session. The courier insurance will limit this loophole, it is necessary to give other reasons why the defendant ignored the court. An excuse in the spirit of "sick child" will not have legal force without confirmation by the necessary certificates from the medical institution.

It is necessary to remember one thing - it is better to pay on debt obligations before the creditor goes to court. This will free the debtor from compulsory payment of state duty and commission. Requirements for debtors are getting tougher every year in Russia. Today, there are proposals to deprive them of their driver's license, in addition to existing restrictions. Therefore, you should not postpone, but rather pay the debts and not deal with the courts.

We hope that we answered all the questions. Remember: the one who owns the information - owns the world.