Due to some peculiarities of the legislation of the Russian Federation, which allow a magistrate, in accordance with Part 2 of Article 126 of the Code of Civil Procedure of the Russian Federation, to issue a court order without proceeding and calling the parties, many citizens find themselves in a difficult situation. Since, for example, the creditor bank or the Management Company can claim to settle with you in the amount they need. Thus, a court decision may also oblige you to pay the inappropriately requested amounts. So what can you do? Write an objection urgently.
Necessary
- A computer
- Printer
Instructions
Step 1
Compose the text of the objection, having read the example of such a document (link at the end of the article). Since there is no single form for it, follow the general rules for formalizing official letters, but do not forget to indicate the mandatory points that should be contained in any appeal to the court.
Step 2
Start with the design of the introductory part, traditionally located in the upper right corner of the sheet. Here the initial details of the parties are indicated in the format "to" and "from whom". Therefore, write to the "Justice of the Peace" of such and such a site, its location, the name and initials of the judge (who made the judgment on your case). Next, indicate the details of the plaintiff, and then the defendant. Here you need to write the full name of the legal entity or the full name of the individual. The last point should tell you the number of the case on which the decision was made.
Step 3
Start filling out the substantive part by indicating the title of the document "Objections to the execution of a court order". The first point is to tell you the date you received the order and briefly describe its contents. Next, describe the essence of your objections, based on the lack of evidence of your guilt or the unlawfulness of the plaintiff's claims. Tell the judge the grounds that allow you to challenge the plaintiff's claim. Provide a link to the regulations of the current legislation.
Step 4
Finally, ask the judge to overturn your opponent's order. Take out the "Appendix" section as a separate item, in which list the attached documents (or their copies). This could, for example, be a date-of-delivery envelope to confirm compliance with the legal deadline for filing objections.
