Still, Russian legislation is partly not devoid of humanity to this day. If you receive a certified copy of a court order from a judge to recover from you, for example, the amount owed to the bank or ex-wife, you have the right to appeal this document if there are good reasons for this.
Instructions
Step 1
Receive a certified copy of the order by letter of notification. Sign the receipt for it. Be sure to keep the envelope, as you can appeal the order within 10 days from the date of its receipt (based on article 128 of the Code of Civil Procedure of the Russian Federation). This date will subsequently be determined by the postmark.
Step 2
If you have conclusive evidence that the applicant's claims or claims to the procedure for calculating the debt are unlawful, you can appeal the court order by writing an objection and sending it to the court that is considering this case.
Step 3
Since there is no uniform form for drawing up objections to a court order yet, draw up it, guided by the general rules when drawing up statements, complaints and other official appeals.
Step 4
In the upper right corner, indicate the name of who you are drawing up this document. A judge can hear civil cases or be a representative of an arbitration tribunal. Indicate the district in which the proceedings are being conducted and the name of the judge. Next, indicate on whose behalf this document was drawn up (your name and home address).
Step 5
Begin the substantive part of your objection with the title of the document and the number of the court order that you are challenging. Next, indicate the date of receipt of the letter with the order and briefly outline the essence of the claims of the claimant. After that, you must indicate what specific objections you have in the case and on the basis of which documents (indicating their list).
Step 6
Finally, ask to overturn the order. Attach to the objection originals or certified copies of documents confirming the illegality of the claims of the claimant.
Step 7
According to Article 129 of the Code of Civil Procedure of the Russian Federation, if an objection regarding the execution of the court order is received from you within the prescribed time frame, the judge will explain to the claimant that his case can now be considered only in court on a general basis. Certified copies of the cancellation of the order will be sent to you and the other party no later than three days from the date of such a decision.
