Advice 1: 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
You will need
  • Computer
  • Printer
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.
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.

Advice 2 : How to make order cancellation

Often, enterprises need to cancel an order or other document, and a separate paragraph. It is necessary to issue the order of cancellation. If we are talking about the abolition of the order, the standard form. When invalidated an internal document of the organization, to order the abolition of a unified form does not exist.
How to make order cancellation
You will need
  • A4 paper, pen, documents, the seal of the organization, cancel the document.
The officer writes the name of the first person of the company a memo with the request to cancel the document or individual item by specifying its number, date, name and reason you must perform this action, puts his signature by writing the surname, name, patronymic, position. The note serves as a basis for the issuance of the order cancellation.
As in any other order, the order cancellation email a full and abbreviated name of the organization in accordance with the constituent documents, the surname, name, patronymic of a physical person, if the firm is a sole proprietorship.
In capital letters write the title of the document - the order, assign the personnel number and date of publication.
Specify, the cancellation of a document you issue an order, enter its number, date of preparation and name.
Write the reason for which the document is cancelled or changes are made in a separate paragraph.
In the administrative part, after the word "order", fill the necessary items. If you issue orders cancelling the document, which has not yet entered into force, write, cancel it by typing in its number, date and name. When canceling a document is valid, then write what you recognize it as invalid, specifying its number, date and title. If you cancel, the document is not completely, but only its separate paragraph, write that it amends, put its number, date and title. Specify the paragraph number and write the new edition. The second point of order on amendments to the document will be declared invalid. In the last paragraph of the order for cancellation of the document put the control over its execution to the responsible person, enter his surname, name, patronymic, title of the structural unit, in which the decorated officer.
The basis of the order is a memo, in which is prescribed the cause of cancellation of the document or individual item. Specify the date of its writing.
The order for cancellation of the document or individual item is signed by the head of the company, stating the position title, surname and initials, sealed by the organization.
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