The limitation period is the term for protecting one's rights and interests in court. In accordance with Article 196 of the Civil Code of the Russian Federation, the total period is set at three years. Missed deadlines can be restored in court if there is documentary evidence that the reason for the omission was sufficiently valid.
It is necessary
- - application;
- - passport;
- - certificates confirming the respect for missing the deadline.
Instructions
Step 1
If the limitation period for filing claims against the defendant has expired, you have the right to restore it. To do this, you will have to apply to the arbitration court with a statement, since the right to appeal to justice has no statute of limitations and limitations.
Step 2
In the application, indicate when the limitation period expired, and for what reason you were not able to file a statement of claim in a timely manner so that your rights and legitimate interests were protected in court. The application is drawn up in a standard form and does not have a unified form, therefore, in a free form, describe all your requirements that you are submitting to the court.
Step 3
Attach certificates, other documents confirming that the missing deadlines were quite respectful. This may be a certificate from a medical institution confirming your illness, in connection with which you were not able to promptly initiate a case to consider the issue of protecting your rights and legitimate interests. If you were in another city or country, obtain documentary evidence from the Federal Migration Service. When serving a sentence in a correctional labor institution or when performing compulsory or contract service in the Armed Forces of the Russian Federation, present a certificate.
Step 4
The court may also recognize other reasons as sufficiently valid to restore the statute of limitations. Based on the order, you will be able to reopen the case and file a claim to protect your legal rights and interests.
Step 5
You have the right not to apply for the restoration of the statute of limitations, if the defendant does not object and does not mention that the statute of limitations for collection has expired. In this case, file a claim for collection.
Step 6
If your claim was denied, you have the right to appeal to higher authorities and demand a reconsideration of the issue of restoring the statute of limitations.
