In civil proceedings, one form of judgment is a court order. It is issued when the case is indisputable and does not cause particular difficulty. However, this does not mean that the court order cannot be appealed.
What is considered a court order
A court order is a decision taken by a judge alone, without summoning the parties and holding court hearings. In the order proceeding, in contrast to the claim, the parties are the claimant and the debtor. The court order is accepted at the request of the debtor, which is submitted to the court, taking into account the requirements of jurisdiction established by law. For filing this application, you must pay a state fee in the amount of 50 percent of its amount provided for a similar claim.
A court order may be issued in relation to claims related to the collection of funds or the reclamation of movable property. The necessary conditions for the adoption of the court order are the absence of a dispute on rights between the parties, as well as the permanent residence (stay) of the debtor in the Russian Federation.
In what cases a court order is issued
Current legislation sets out a clear range of requirements in respect of which a court order can be issued. These, in particular, include the requirements:
- arising from transactions concluded in written (simple and notarized) form;
- promissory notes arising from a protest made by a notary in non-payment, non-acceptance or undated acceptance;
- on the recovery of alimony without challenging the fact of paternity (motherhood);
- on the collection from the employer in favor of the employee of payments and compensations related to labor legal relations;
- on the collection of arrears on payments to the budget from citizens.
Is it possible to appeal against a court order
Cancellation of the court order is possible by filing written objections by the debtor regarding its execution. This must be done within 10 days from the date of receipt of a copy of the court order. The objections should cite those arguments that, in the debtor's opinion, indicate the absence of debt, and also confirm the facts of the existence of a dispute about the right. The application is made to the name of the judge who issued the order. The state duty is not paid for filing objections.
If the debtor misses the specified period, the court order will enter into legal force and may be presented by the recoverer or the court for compulsory execution.
The court issues a ruling on the cancellation of the court order. In this case, the dispute arisen between the parties is subject to consideration in the ordinary course of action.
