Legal encyclopedia. Letter C

COURT ORDER

- judicial decision, which the judge made solely on the basis of the application.

SP is issued in the event that:

1) the requirement is based on a notary

A certified transaction;

  1. The demand is based on the transaction in simple written form;
  2. The claim is based on the protest of a bill in default or non-acceptance;

4) a claim for recovery

Alimony;

5) a claim for recovery from citizens

Arrears on taxes and fees;

6) a claim for recovery

Accrued but not paid wages

Fees;

7) declared by the internal affairs body about

Recovery of expenses incurred in connection with the

Search of the defendant or debtor.

The advantage of the court order is that it is served in court and is paid with a state fee of 50% of the rate. The application shall specify:

1) the name of the court;

2) the name of the recoverer and its place

Residence;

3) name and place of residence

The debtor;

4) claims of the recoverer;

5) documents that confirm

Validity of requirements;

6) list of attached documents.

A judge may refuse to accept an application in

Case, if:

1) the place of residence of the debtor is for

Limits of the Russian Federation;

2) documents are not provided that

Confirm the claimed requirements;

3) in the application, a dispute is

Law;

4) the state fee has not been paid.

SP is taken out without trial and summoning the parties within 5 days from the date of receipt of the application.

SP contains:

1) production number and date of delivery

Order;

2) the name of the court and the initials of the judge;

  1. Name and place of residence of the recoverer;
  2. Name and place of residence of the debtor;

5) the amount of money that is due

Recovery;

  1. The amount of the penalty;
  2. The amount of state duty.

SP is compiled on a special form in two copies, which are signed by the judge. A copy of the order is sent to the debtor, who can submit objections within 10 days, and the second copy, certified by the stamp of the court, is issued to the recoverer.

The judge cancels SP if the debtor receives objections within the established time limit. Copies of the decision to cancel the order are sent to the parties within 3 days. The canceled claim can be presented in the order of the proceedings.


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