Unfortunately, modern judicial practice shows that our citizens learn about the court not from the subpoena ordering to appear at the meeting, but from representatives of the Bailiff Service. And it's good that they try to contact the debtor in advance, they are warned. Often people are presented with “surprises” in the form of a bank account lockout, property seizure, seizure of things, detention at the border.
The argument in the format “I did not know anything, which means it is illegal” does not work. A court decision and, as a consequence of this, enforcement proceedings are taken regardless of whether the correspondence reached the defendant or not. What to do in this situation? Indeed, often defendants find out about decisions when all possible appeal deadlines have ended. There is only one way out - to write an appropriate request for an extension of time. Next, we will tell you if this is realistic, and we will also provide a sample application for the restoration of the missed deadline. But first things first.
“I did not know about the court, why is the decision made?”
Citizens, who for the first time act as a defendant in some property matters, do not understand why a decision is made without their consent. Of course, their ignorance is a good reason for not appearing in court. However, this is no reason to postpone the decision. The logic is simple: the court in the civil process takes into account the interests of the plaintiff. The defendant, as a rule, is beneficial to delay the process. Therefore, the adoption of a procedural norm in which it will be forbidden to make a decision without a defendant will lead to the collapse of many processes. Debtors, alimony, etc. will be "lost" for many years, and the courts will be postponed for decades. In order to be able to assert their rights in the absence of knowledge of the lawsuits, the restoration of procedural terms is provided. We will analyze further how to write such a request.
Sample application for the restoration of a missed deadline
There are no specific requirements and rules in the preparation of the application. If you are not a lawyer, you should not think that only he can write correctly. Of course, we are for professionals to provide qualified assistance, but such a statement can be made independently. A sample application for the restoration of a missed deadline may look something like this: “In Volgodonsky District Court of the Volgograd Region (names, characters, numbering invented) a civil case No. 780/16 of 10/10/2015 was filed on the claim of OJSC Lender Bank against S. Ivanov. FROM.
The court decided: to prematurely terminate the loan agreement between me and Bank Lender OJSC, recover the amount of the principal debt - 89 093.09 rubles, interest on the loan - 39 909.40 rubles, interest - 9 000.33 rubles, as well as the state fee - 4 897.33 rubles.
I knew about the time of the hearing, but I believe that I have a good reason. 10/08/2015, I suffered a stroke. As a result, he was in intensive care and could not be present in court. They wrote me out only on 11/15/2015, in connection with this I missed the deadlines for filing an appeal. Along with this application, I file an appeal.
Based on the foregoing, in accordance with Article Art. 205, 112 Code of Civil Procedure of the Russian Federation, I ask:
- Satisfy this request for extension.
- Take the appeal and consider it on the merits.
Application:
- Copy of the passport.
- A copy of the application by the number of interested parties.
- Help and a copy of the medical history from medical institutions.
A sample application for the restoration of a missed deadline may be written differently. The main thing is that it must necessarily contain information about the decision of the first instance, the reasons that will allow to restore the deadline for submission, a request. At the bottom of the application, you must specify the necessary documents, evidence.
The petition is filed with the complaint.
Remember that a complaint must be submitted along with the renewal application, for which the restoration of the procedural deadlines is necessary. This is due to the fact that such a request is considered with her. That is, the petition is considered first, and if it is satisfied by the court, the main complaint will be considered.
Causes
There are several reasons why the restoration of procedural terms is possible:
- disease;
- business trip, work relocation;
- illiteracy;
- other reason recognized by the court as valid.
The law does not have a restrictive framework. Any reason that the court considers valid will be grounds for extending the time limit for filing an appeal against any decision. As a rule, if the defendant did not know about the court, there is no personal signature on the mail-back about the acceptance of judicial correspondence, such a case is considered by the courts to be respectful.
What does illiteracy mean?
Illiteracy is understood not as a lack of experience in litigation and legal knowledge, but as an elementary inability to write, read, count, etc.
There are few such individuals today, but they are found. Many similar cases are observed among representatives of small nations.
Application processing term
According to the Code of Civil Procedure of the Russian Federation, there are no exact deadlines for considering a request for restoration of the possibility of appeal. The court within ten days from the date of filing gets acquainted with the request and decides on the time and place of the meeting for its consideration.
This is due to the fact that courts are often very busy. Therefore, it is not possible to determine a strict framework. The Supreme Court ruling on the restoration of missed procedural deadlines does not contain information on how long they should be considered. Therefore, everything is left to the discretion of the first instance.