A court order, handed down solely by a judge on an application for the recovery of money or property from a debtor without a trial, is called a court order. It speeds up the process of legal proceedings and is applied in exceptional cases.
Necessary
- - an application for a court order;
- - receipt of payment of the state duty;
- - documents confirming your requirements.
Instructions
Step 1
The list of cases in which a court order can be issued is indicated in Art. 122 of the Civil Procedure Code of the Russian Federation. So, the judge issues a court order if your claim is based on a notarized transaction or a transaction recorded in simple written form.
Step 2
Also, a court order will be issued when collecting back taxes and other mandatory payments, when paying alimony for minor children, unpaid wages to the employee, at the request of the internal affairs bodies, tax inspection or bailiff.
Step 3
Submit your application for foreclosure in writing. When preparing an application for foreclosure, indicate in it the information established by p. 124 of the Civil Procedure Code of the Russian Federation, your data (full name, place of residence), the name of the court, the requirements put forward to the opposite side, the grounds for them, documents that confirm your requirements.
Step 4
Attach the necessary documents to the application and file a lawsuit on a general basis. Make sure that the number of copies of the application corresponds to the number of debtors.
Step 5
For filing an application for foreclosure, pay a state fee in the amount of 50% of the cost of claims, which, in case of a positive solution to the issue, will be compensated by the other party. However, you do not have to pay the state duty when it comes to the payment of alimony, payment of wages, claims of tax authorities for arrears, etc.
Step 6
Within 10 days, the judge considers your application, sends it to the debtor and makes a decision to refuse or issue a court order. If a court order is issued, you will receive a second copy with the official seal. The court order has the force of an executive document and requires immediate implementation. If the judge denied you an order, you have the right to file an ancillary complaint against it.
