What to do if it is necessary to file a statement of claim, and all the procedural deadlines have already been reached? Or another situation - the court made a decision, and the citizen did not even suspect the process. The result is blocking of bank cards, accounts, seizure of property, seizure of things, etc. Of course, the law provides for the extension of the right to file claims and complaints. But for this there must be good reason for restoring a missed deadline. We will talk about them in more detail in this article.
Good reasons to restore a missed deadline (Code of Civil Procedure of the Russian Federation): unlawful actions of a court
Judicial practice in our country shows that often the deadlines are missed through the fault of the bodies administering justice. Of course, they can be understood and referred to as overloaded. However, personally for a citizen whose rights, in his opinion, are violated, this will be an insignificant factor. His own situation is important to him. The rest are not interested in him.
What are the most common violations committed by the courts, interpreted as valid reasons for the restoration of a missed term? There are several of them:
- The court did not inform, according to the law, the time and place of the proceedings. As a result of this, one of the parties was unable to attend the meeting.
It is noteworthy that in the reasoned decisions the phrase is constantly present, in the absence of the defendant, that he “was duly warned about the time and place of the court session”. However, in reality this often does not happen.
- The court did not inform at all that the case in question was at its disposal. This reason is close to the first in meaning.
- The most common case is a copy of a court decision made late. We will talk more about this later.
Later production of a copy of the court decision
Good reasons for recovering a missed deadline include the late production of a copy of a court decision. Recall that the court ruling should be made immediately after the process. But, of course, without a reasoned decision not to make a quality complaint.
Many professional lawyers in the forums claim that it is not necessary to wait for a copy of the manufacture. Like, you were present at the meeting. However, there are cases when a judge attaches certain petitions and evidence to the case, but this is not reflected in the reasoned decision.
Often the courts go to the next "trick". Knowing that no more than five days are given for making a copy of a reasoned decision, they inform the interested party that it was sent by mail. It is difficult to prove or disprove it, since such letters are not recorded electronically.
What to do when the court drags on the production of a copy of a reasoned court decision?
There are several ways to protect yourself from illegal actions (or rather, inaction) to violate the deadlines for making a reasoned court decision:
- Indicate in the claims or petitions of claims the request not to send copies by mail. Then, in case of delay, you can submit a private complaint to the panel of judges, attaching this statement as an argument. In this case, the standard phrase “the court made and sent everything on time, but it was lost somewhere in the mail”, will not withstand any criticism.
- Immediately after the trial, write a copy application. This must be done for several days in a row for 5 days. Believe me, the staff of the apparatus are the first to make copies for such citizens, since nobody wants extra troubles and proceedings in our country.
However, a court violation is not the only problem. There are other good reasons for recovering a missed deadline.
Serious illness
The disease is directly related to the personality of the participant in the process. In order for the court to grant the request for the submission of legal proceedings, it is necessary to prove this fact. You can submit certificates from medical institutions, copies of medical history, etc.
Helplessness
Deterioration of health, injuries, fractures - all these, of course, are good reasons for restoring the missed deadline for appeal. However, there is such a thing as helplessness.
By it can be understood:
- Mental or emotional instability that prevented timely delivery. Such cases often occur with the loss of loved ones due to the detection of serious illnesses in a person, with financial bankruptcy, etc. We advise in such cases to seek the help of a psychiatrist for examination. He can issue a certificate in which he confirms this condition. No need to be afraid, this does not mean that the person has become crazy, and he should be sent for treatment if he turned to a psychiatrist for help. Cases of severe shock in such situations, on the contrary, are the norm for mentally healthy people.
- Being under hypnosis, in a trance.
- The use of narcotic drugs as prescribed by the attending physician.
Family circumstances
Reasons related to family circumstances are also interpreted as valid reasons for restoring the missed deadline for going to court. These may include:
- Disease, death of loved ones.
- Living in another region while caring for relatives, moving with a minor child for his treatment.
- Care for a seriously ill patient, etc.
Emergencies and conditions
Sometimes natural elements interfere with litigation. For example, a hurricane blocked several settlements with snow, as a result of which residents were captured by the elements. The circumstances that may be interpreted by the court as good reasons for restoring the missed statute of limitations may include: floods, fires, earthquakes, as a result of which citizens could be evacuated to safe places, which did not allow submitting a statement of claim or complaint on time.
Business trip or work in another region
A long business trip to another city may also cause you to miss procedural deadlines. Unlike other cases (except illness), this one is prescribed directly in the law (Article 112 of the Code of Civil Procedure of the Russian Federation), without the veiled wording “other cases at the discretion of the court”.
All good reasons for the restoration of the missed deadline for filing a claim are specified in Art. 112 Code of Civil Procedure of the Russian Federation, and a business trip among them is clearly stated. Therefore, having evidence on hand (copies of orders, waybills , etc.), you can be calm in restoring deadlines.
Change of residence with a new registration, as well as relocation due to studies, work, etc. are also interpreted by the courts as a significant reason for missing the deadlines.
Illiteracy
Illiteracy, many of our citizens naively believe the lack of a legal education, as well as ignorance of legal terms, norms, calculation dates, etc. This is not so. Illiteracy is rather the inability to write, read, count, etc. People who do not understand (literally) what is written fall into the category of “illiterate”, from the point of view of law.
This is relevant for some indigenous peoples of the north, small national peoples, etc. Many of their representatives live in their native places from generation to generation, they cannot read ordinary newspapers, not to mention complicated legal documents.
Good Reasons to Recover Missed Deadlines for an Organization
As they say, before the law everyone is equal, but some are more equal. This applies to legal entities. There are no valid reasons for the restoration of the missed deadline for the organization. Firms must have a permanent body, representatives, executives, etc. But large or medium-sized companies are one thing, small individual entrepreneurs are another.
An individual entrepreneur, despite his legal status, is actually the same citizen as an individual. He can get sick, get into an accident, go on a business trip, etc. However, unlike ordinary citizens, he cannot restore the right to file a complaint or claims. Many, of course, consider such a rule unfair, but nothing can be done about it.
In fact, the main difference between the individual entrepreneur and the individual in the status of work. One works for himself, the other for someone. An individual entrepreneur may not have employees, and his work is sometimes more difficult and less paid than the same for citizens employed in large firms. In this regard, the logic is not equating the IP to large companies, from the point of view of the procedural legislation on the restoration of the deadlines for filing complaints.
Good reasons to skip for heirs
We list the main good reasons for the restoration of the missed term of inheritance. There are two aspects here: whether the future heir knew about the inheritance for the prescribed six months or not.
In the event that the future "lucky man" knew about his new condition, then one of the reasons listed above in the article will be a good reason for the restoration. However, jurisprudence shows that the courts rarely satisfy such motions. They refer to the fact that in six months it was possible to find time for the appropriate procedure, unless, of course, the future heir was in a coma all this time.
Another nature of the restoration of cases - the heir did not know about the new status for six months. For example, the fact of the death of a relative was hidden from him, he was not dedicated, and he could not learn about it on his own. For example, lives in another region, country, etc.
In this case, the courts are more willing to restore the terms of inheritance, since it is objectively clear that the rights of such citizens will be violated in case of refusal.