How to write an objection to the court order

Due to some peculiarities of the legislation of the Russian Federation, which allow a magistrate under part 2 of article 126 of the code of civil procedure of the Russian Federation to issue a court order without trial and calling parties, many people find themselves in a difficult situation. Because, for example, the creditor Bank or the Management company may qualify for settlement you need volume. Thus, the court may oblige you to pay and illegal requested amount. And what do you do? To write urgently objecting.

How to write an objection to the court order
How to write the appeal complaint and objections to it
How to take a statement from the court
How to write a response to the petition

You will need

Computer
Printer

Instruction

Compose the text of the objection, reading the example of registration of such document (link at end of article). Since a single form for it does not exist, follow the General rules of formatting official letters, but do not forget to specify the mandatory items that must be included in any appeal to the court.

Start with the registration of the introductory part, traditionally placed in the upper right corner of the sheet. Here indicate the initial details of the parties in the format of "to" and "from whom". Therefore, write "a magistrate" such a parcel, its location, the name and initials of the judge rendered judgement in your case). Next, specify the details of the plaintiff and then the defendant. Here you need to write the full name of the legal entity or full name of physical. The last paragraph should provide the case number under which the decision was rendered.

A substantial part of start to fill with mentioning the title of the document "Objections to the enforcement of court orders." The first item on the report the date you receive the court orderand briefly describe its contents. Then describe the essence of your objections based on the insufficiency of the evidence of your guilt or illegality of the plaintiff. Tell the judge the grounds on which you contest the plaintiff's claim. Provide a link to the normative legal acts of current legislation.

In the concluding part will go to the judge with a request to cancel a court ordermade on the statement of your opponent. A separate item, remove the section "Application", which will list the attached documents (or their copies). This, for example, may be an envelope surrounding the date of delivery to confirm compliance with the terms provided by law for filing objections.

Note

Be very attentive to deadlines and not delay the appeal to the magistrate with the objection. Because by law you play it only ten days of receipt of the order. So save the envelope and attach a copy of the objection with the date of receipt.

Useful advice

According to articles 128 and 129 of the civil code you can bring to the world court reasoned objections to the execution of the court order, and it will be automatically cancelled. And you will be able to discuss with the lender the validity of his claims and amount of debt.

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