The court order: a sample of filling out an application for his extradition

The decision on demanding movable property or collecting the monetary sum, handed down by the judge alone, has the name "court order". A sample of its design and filing, as well as all the accompanying nuances will be considered in the article.

Despite the fact that the judicial practice in this area is not yet perfect, the judges of the Russian Federation have increasingly resorted to this form of dispute resolution.

What are the advantages?

The court order, unlike the same claim, has a number of its advantages.

First, the price. When filing an action, the plaintiff must pay the state treasury to the state treasury. The duty is commensurate with the claimed amount of the claim. The calculation of the payment is described in the same article, but for convenience there are many online calculators that will do this unmistakably and much faster. The cost of state. The fee for applying for a court order for recovery of alimony, a sample of which we will consider as an example, is reduced by half.

Secondly, saving time. Since the judge considers the case solely, without the presence of the plaintiff and the defendant, then, respectively, both parties do not have to find their own time and spend for the presence in the courtroom.

It should be noted right away that in cases where the plaintiff's or defendant's presence is necessary to defend his position, a court order, a sample of which is presented below, is not rendered.

Third, the speed. The decision to accept the court order is quick, in 5 days, not considering the day it was submitted to the court's office.

Requirements for which a court order can be issued

As noted above, the field of activity for issuing a court order is strictly limited. That is why, where the parties must prove their position, for example in criminal, administrative and a number of civil cases, the court order does not make sense.

The Code of Civil Procedure of the Russian Federation contains an exhaustive list on which a court order can be issued . A sample of requirements includes:

• Transactions certified by a notary (agreements, contracts).

• Transactions in writing (pledge, deposit, etc.).

• Applications for recovery of alimony (with the proviso that there is no need to involve other persons, for example, in order to establish paternity using DNA analysis and subsequent recovery of alimony, it is necessary to file a full-fledged claim and undergo the entire judicial procedure in full).

• Application for the collection of accrued, but unpaid vacation, sick leave, wages.

• Applications for payment of debts for housing and communal services.

As can be seen from the above list, the decision is issued on applications related to the demand for funds where one party is a debtor and the second is a creditor. In order to make a decision on such cases, the presence of the parties in the process is not necessary. It is immediately clear who is the victim, therefore it is enough for the judge only to document the fact of the debt.

Statement of the court order

An application for issuing an order is submitted to the court on the general rules for filing a claim. Consider the sample on the example of the application for recovery of alimony.

Statement: court order for recovery of alimony

Due to the fact that the court order simultaneously plays the role of the writ of execution, all personal information, which is usually prescribed in the execution sheet itself: location, birth, day, year and month of birth, as well as the place of work activity ( If known).

In addition, the request must specify the requirement on the basis of which the applicant applies to the court, and documents confirming the legality of these requirements, as well as other supporting materials.

Declare correctly

The application for a court order, a sample of which is listed below, includes a detailed description of the situation. The more precise the arguments are, the easier it will be for the judge to make a decision. At the same time, it is not necessary to indicate unnecessary moments and nuances that do not concern the case.

For example, a well-written statement includes such information: "On a certain date, the marriage was terminated between me (Name) and the Respondent (Name)." The defendant does not pay the Alimony, the child does not contain ".

Wrong document: "We married the defendant in such and such a year, lived happily ever after husband began to walk / drink / riot, etc." Everything that does not concern the matter, aside.

In the submitted application for a court order on recovery of alimony, the sample only roughly approximates the legislation. Specific links to articles for each case are selected individually.

The presented version can be used as a model, the issuance of a court order on which has already been in judicial practice.

The list of copies of the attached documents (in this case in triplicate) is attached to the application necessarily. If the marriage is terminated, then the certificate of registration is not applied. Information from the housing authorities is taken from the passport officers of the DU, and its effect is retained for 10 days.

The court order on collecting the alimony

The court order for recovery is issued within a working week and has the force of the writ of execution. That is, after receiving it, you need to withdraw a copy of yourself, write an application for execution, attach the original and send it to the bailiffs.

It is worth noting that the debtor who received a copy of the order, even if he was not notified in advance, is entitled to express his objections to the court's decision within 10 days. To do this, he must submit a response statement. The court order for recovery of alimony (the sample is presented above) will be reviewed by the same judge who worked with them earlier. Of course, there are no unfounded accusations of force, but the facts, documented, can very well affect the change in the order.

Summarizing the above, it can be seen that the court order, a sample of which was roughly presented in the article, is a procedure much less expensive and easier than a full-fledged lawsuit.