Objection to court order: issues of practice

Any court decision may be appealed. The issued act can always be appealed to a higher authority. The same thing happens when you submit objections to a court order. In what form this is done and how you can protect your rights - we will talk about this in the article.

The concept

Before you file a complaint, you need to understand what a court order is. GIC gives an answer to this question. If to explain in simple terms, then such a proceeding can recover a sum of money or movable property. Moreover, the debtor is not summoned to the court session, and indeed there is no such meeting. This is a simplified form that is used in a magistrate's court. Thus, the debtor is already facing the fact when they send him a letter with a copy of this decision. But there may be an objection to a court order. Consider this issue.

Term

If you do not agree with the decision, then there is a time limit within which a complaint must be made. This is a period of 10 days during which you can submit an objection to a court order. Do not be alarmed if a deadline is missed. You can still try to restore it. In this case, you must petition the court with a reason why you missed this period.

Formal grounds

If everything is in order with the deadline, then there may be other reasons why you may be refused. First of all, this is an incorrectly drawn objection to a court order. It is important to understand that the court is obliged to cancel the order if objections are received from you. But the point is that the plaintiff may demand execution within the framework of the lawsuit, therefore, the matter may not be decided on this. It is necessary to write right away in objection the reason why the court order should be canceled - this is a reserve for the future if a lawsuit is filed against you.

Content

The objection to the court order is composed as follows. In the "heading" write the number of the judicial section that made this determination, your name, surname, patronymic, registration address and address of actual residence, phone. You already know the name of the document. The following is the main part, which begins with when you received the court order (exact number), as well as in relation to what (for example, debt repayment). Then you declare that you do not agree with the indicated, and the motivation part follows why you came to this conclusion. In conclusion, ask to cancel this court act, put the number and signature.

Conclusion

If you missed a deadline, then, as already mentioned, it can be restored. But there is also an appeals procedure, within the framework of which it is also possible to appeal. It should be said that an objection to a court order should be drawn up by a professional lawyer. If you are confident in your abilities, then, of course, you can try it yourself. But if there are problems that in most cases are related to motivation, then consult a lawyer. Such services are not very expensive, because order production is the most simplified type. Thus, objections are the main possibility of appeal, which gives a practically 100% chance that the decision will be reversed.