Objection to a court order to collect debts for housing and communal services

Practicing lawyer and author of 242 articles on the site

Publication date: 2018-06-04 Update date: 2019-05-03

Having a debt for utilities, you can always encounter unexpected deductions of funds from your source of income. The absence of court hearings to consider the tenant’s debts is not an indication that the debtor is not forced to repay the existing overdue payment amounts.

A copy of the court order may also not reach the addressee intentionally or accidentally. If these facts are present, it means that debts are withheld through the issuance of a court order.

You can defend your rights by writing an application to cancel a court order on utility bills using an example template that is widely available on legal websites.

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The concept of a court order

This is a special type of result of the work of the judicial body, which is enshrined in Article 121 of the Code of Civil Procedure. Made by a single judge. The basis for this is a completed application from the creditor with the necessary mandatory attachments. The creditor's appeal must contain undisputed demands with the provision of indisputable evidence of the existence of monetary claims.

The resolution is adopted without holding meetings or inviting the parties to provide explanations to the court on the merits of the issue under consideration. This means that the defendant is deprived of the opportunity to defend his interests in personal presence at the proceedings and to provide objections to the facts provided by the plaintiff. The legal explanation for this procedure for considering the case is the absence of the subject of the dispute, which makes the presence of the parties unnecessary.

Based on the order issued, the amount of money specified in the application is collected from the debtor; the limitation is the threshold of the amount of debt, which does not exceed 500 thousand rubles. Debt amounts exceeding this amount are not accepted for collection through a court order.

Such a resolution is both a decision on the case under consideration and an executive document. In turn, on the basis of the received writ of execution, the claimant has the right to initiate enforcement proceedings for the forced withdrawal of amounts ordered by the court.

○ I received a court order, what should I do?

A court order is a court decision made by a single judge on the basis of an application for the collection of sums of money or for the recovery of movable property from the debtor according to the requirements provided for in Article 122 of this Code, if the amount of money to be recovered or the value of the movable property subject to recovery does not exceed five hundred thousand rubles (clause 1 of article 121 of the Code of Civil Procedure of the Russian Federation).

Thus, this is a special type of judgment that is made without a trial. This means that the defendant does not have the opportunity to argue in his favor and thereby protect his own interests. Given this peculiarity of the case, a court order can only be issued on certain issues.

As a rule, these are disputes over the repayment of debts (loans, alimony, arrears in salary payments, etc.). The court makes a decision on the basis of the received application and documents certifying its competence (loan agreement, receipt, certificate of debt, etc.).

Despite such peremptory nature of the document, a court order can also be appealed and have it cancelled. You can appeal an order only within 10 days from the date of its delivery. Therefore, immediately after receiving the document, you need to write an objection addressed to the judge who made the decision.

As a rule, such cases are resolved in the magistrate’s court at the defendant’s place of residence. But if the agreement with the debtor stipulates the possibility of changing jurisdiction, the petition can be considered at the place of registration of the applicant. So, to maximize your chances of success, you need to:

• Write an objection as soon as possible.
• Keep the envelope with the received order (as proof of compliance with the appeal deadlines).
• Take your application personally to the court or send it by registered mail, keeping the receipt confirming the date of sending.

If you learned about the order from the bailiffs, you need to:

• Contact the judge with a request to cancel it, indicating that the document was not received on time.
• Submit a petition to the court for the issuance of an order in two copies;

Actions of the debtor when receiving documents from the court

Regardless of the fact that this type of court decision is indisputable, the received document is subject to appeal, and the possibility of its cancellation exists. The appeal procedure is as follows:

1. Receive case materials from the court.
2. Within 10 days from the date of receipt, file an objection addressed to the magistrate who made the decision. The reason for missing the appeal deadline can only be a valid reason, officially confirmed. For example, the defendant’s illness is confirmed by a certificate of incapacity for work. You can also restore the deadline for filing objections by proving that the debtor did not receive an official letter.
3. Hand over the completed objections personally to the court office, with a note on the second copy indicating receipt of the document, indicating the incoming number and a transcript of the name of the responsible court official. Another way to deliver written objections is to send them to the court by mail. It is important that the shipment takes place by registered mail with notification and a list of attachments.

In the case of an already accomplished fact of enforcement proceedings, it is necessary to apply to the court with an application to cancel the results of the proceedings. The reason is the debtor’s failure to receive the papers, which led to the impossibility of reviewing them. At the same time, a petition is filed for the provision of case materials in two copies.

At the same time, the debtor must know that when drawing up his objections, justification for his actions is not required. The law provides the right to cancel an order only on the basis of disagreement, which, based on Article 129 of the Code of Civil Procedure, is an indisputable right of a citizen.

The reason for the appeal may be the need for a delay to find the necessary funds to repay the debt or disagreement with the amount declared to be withheld. There are no exceptions when a penalty is imposed on a person who is not related to the debt.

Also, disagreement on the part of the debtor creates a controversial issue that should be considered in the standard manner. Based on the canceled document, the court does not begin legal proceedings to consider the subject of the dispute on its own initiative.

In turn, the creditor has the right to re-apply for a resolution in the general manner. The obtained time can be used by the debtor to prepare for the process and collect information in his favor. Another important point may be the evasion of payment of all duty costs, the obligation of which arises upon the entry into force of the resolution. A canceled court order makes it possible to resolve the debt issue voluntarily.

In the event of deductions that have occurred and if there is a decision to cancel the court order, the debtor has the right to initiate a reversal of the decision with the return of amounts that, in the opinion of the debtor, were illegally collected. This happens by filing a separate claim with the magistrate.

Further consideration of the case

One should not think that by expanding the rights of management companies, the legislator has worsened the situation of home owners and tenants. After receiving a copy of the debt collection order, they have the opportunity to voice their objections. This must be done in writing, no later than 10 days from the date of receipt of the document.

In order to file an objection, you do not need to collect or attach any documents. This can be done later. As a rule, a simple statement of your disagreement with the order or the existence of objections is sufficient. This is enough for the judge to cancel the issued document.

But this is not the end of the debt collection story. If the HOA or management company does not receive the payments due, they will file a claim in court. Its consideration already requires the presence of both parties, including the debtor.

The meeting is adversarial in nature, that is, the defaulter has the opportunity to present documents that confirm his reluctance to pay. For example, if the amount of payments does not correspond to the figures adopted at the general meeting. Or if the tariffs for services are unreasonably high. You can also object to the accrued penalty.

But, as practice shows, a small part of debtors file objections. Most people prefer to pay off their debts. Or he discovers that the required amount has been forcibly debited from his salary account. Bailiffs collecting debts under court orders have the right to contact the bank with such a demand.

The period during which a court order for debt on utility payments can be challenged is 10 calendar days from the date of notification of the payer about collection.

After a court order is issued, it comes into force immediately and is presented for execution. However, the law provides the debtor with a 10-day period during which to file an application to cancel the court order. The period begins to run from the day when the debtor was notified of the adoption of this type of judgment.

However, as practice shows, a utility company, having received a court order, immediately submits it for execution. Therefore, the debtor learns about such a court verdict earlier from the bailiff than he receives a notification by mail from the court about the collection of the debt from him in favor of the debtor.

In the procedure for challenging an order, it is important to have documentary evidence of receipt of the application for its cancellation in the court office (a mark on the copy of acceptance) or postal mail (receipt and list of attachments). In this case, the likely date for consideration of the application will be known.

There is currently no clear regulation of the timing of consideration of applications to cancel court orders for utility debts.

Judicial practice shows that they are usually considered as quickly as possible. As a rule, it is 10 days.

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Further consideration of the case will depend on the defendant’s line of defense and whether he agrees with the existence of the debt and its amount. If you agree, then over the course of several meetings a court decision will be made to recover funds. Until the writ of execution is handed over to the bailiffs, the debtor has the opportunity to pay this amount voluntarily, without taking into account additional fees.

If a citizen does not agree with the amounts attributed to him, he must collect and present evidence of the absence of debt. Such evidence includes:

• paid receipts;
• bank statement for the specified period
• an extract from the Unified State Register of Real Estate or a purchase and sale agreement, if the apartment was purchased relatively recently.

In addition, it is advisable to appear at the court hearing (on your own or send a representative) or present all your objections in writing, if this is not possible. Failure to appear at a court hearing without a good reason is a bad idea if the defendant has a desire to somehow convey his point of view to the court.

If a judgment has already been made in favor of the plaintiff, and the amount of debt is disproportionately large, then the defendant has the opportunity to ask the court for payment in installments. To do this, you need to write a petition and provide reasonable arguments as to why the court should grant it. The same applies to debt collection under a writ of execution.

How to cancel a decision correctly

An application to cancel the order is submitted personally by the citizen who is the defendant in the case or through registered mail. If the interests of the defendant are represented by another person, a power of attorney is required to certify the authority of the representative.

The recipient of the application is the court authority that made the relevant decision.

There are no specific requirements for the form of objection in court proceedings. There are no legal restrictions, but based on the general rules of office work, it is important to comply with the following conditions:

• the applicant’s data is filled out in full, the address of actual residence and contact information are also indicated;
• the document should be entitled: “Objections”;
• the main part is devoted to reasoned (not necessarily) disagreement with the published document;
• in the petition part, it is necessary to clearly indicate the request to cancel the decision;
• The appeal is signed by the applicant personally and the date of writing is indicated.

There is no requirement to pay a state fee when submitting an application.

The judge must issue a decision on the submitted application no later than three days after registration of the application. If the debtor refuses to issue a canceling order, he may appeal to the arbitration court with a complaint against the court of first instance. The following documents are attached to the complaint:

1. A court order for debt collection with evidence of the date of receipt of the papers.
2. An application to cancel the order with supporting information about its submission to the court.
3. Resolution on refusal to cancel an unlawfully adopted document.

When applying to arbitration, a citizen pays a state fee of 300 rubles.

The practice of canceling orders benefits debtors, as it is a kind of delay for making the right decision or carrying out preparatory measures before upcoming litigation with utility companies.

Utility debt is a nuisance that anyone can face. Timely payment of receipts is the responsibility of the tenant or owner. If the terms of the contract are ignored by the owner or tenant, the law sides with the management company. The management company has the right to demand money with the help of a higher authority. It is possible to avoid debt repayment, since the law provides for the cancellation of a court order to collect debts for housing and communal services.

Deadlines

We have already indicated above that the period for canceling a court order for debt collection is 10 days from the date of its receipt by the debtor. However, guided by Art. 256 of the Code of Civil Procedure of the Russian Federation, you can write an application later - within 3 months, but even the expiration of this period is not a reason for the court to refuse to accept the application written by the debtor to cancel the order.

The “trick” is that you need to provide the judicial authority with compelling, valid reasons for the delay in filing your claim, for example, attach documents about your stay during this period in the following places:

• Business trip.
• Outside the country.
• On inpatient treatment.
• Accommodation at a different address, etc.

That is, perhaps for some reason you did not receive a copy of the court order in person and this must be proven. To help the debtor in the current situation with missed deadlines, Art. 443-445 Code of Civil Procedure of the Russian Federation. Apply to the bailiffs. A sample application can be downloaded from our website ().

If enforcement proceedings are initiated, then ignoring the demands of the bailiffs can lead to negative results for the debtor, so it is better to do everything voluntarily and then go to court with an objection.

New rules for recovery based on a court order

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The general provisions for the provision of public services are described in Government Decree No. 354 (as amended in 2019). The document also specifies the maximum duration of non-payment without consequences. Then the manager has the right to initiate debt collection proceedings. In 2020, a new procedure, approved in 2020, is in effect - before this, the system worked on a different principle.

Old practice

Previously, the law had a more favorable attitude towards defaulters.

For each debtor, the management company was obliged to take a number of actions:

• send a written notification of the existence of a debt, or notify in person (by an employee of the management company);
• provide an opportunity to fully repay debts within a calendar month;
• propose to enter into an installment agreement for partial repayment at the end of each billing period.

For respectable citizens, such a mechanism was gentle, since there are more opportunities to find money and pay off the debt. However, this freed the hands of malicious defaulters. The management company could go to court for recovery only after these attempts at settlement and with confirmation in the form of signatures on notices and copies of agreements. This allowed some debtors to evade payments for several years.

Today

The procedure has changed in 2020. The participation of the defaulter before filing a claim was simply excluded. The organizations are requesting a court order. The issue of his extradition is considered quickly and unilaterally.

The updates are described in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2016, which approved a new notification and collection process:

1. Three billing periods must pass from the onset of debt formation. Until this moment, the Criminal Code does not have the right to initiate the procedure.
2. After 3 months of non-payment, a notice is given. It indicates the amount of unpaid utilities with recommendations for repayment, usually a specific date. The opinion that such a notice must be served in person is erroneous. It is not recommended to draw analogies with a summons to the military registration and enlistment office here. Timely payments for housing and communal services are the responsibility of a citizen, who must independently control the occurrence of an unpaid balance (Housing Code of the Russian Federation, Article 153).
3. If the organization's recommendations are not implemented or ignored, its representative goes to court. The reason is indicated, documents confirming the existence of the debt are attached - statements, receipts.
4. An important difference from the old procedure is that the court does not summon both parties. Review takes place within 5 working days (Article 126 of the Code of Civil Procedure)
5. The management company is given a copy of the court order. The highest authority makes a decision in favor of the organization and gives the opportunity to collect the debt.

As a result, it is almost completely impossible to influence the proceedings. It is difficult to avoid the return of funds, so the defaulter can only challenge the court order to collect the debt for housing and communal services. But first you need to understand the essence of the document and what you need to follow to resolve the problem.

Watch the video: “Cancellation of an order to collect debt for housing and communal services.”

Debt for utility bills after the court order is canceled

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Since 2020, obtaining a court order to collect debts for housing and communal services has become widespread. Utility workers saw this as an effective opportunity to pay off the huge debts of the population, despite the fact that the debt is not always indisputable.

The main advantage of the order is the speed of obtaining a court decision, which is also an executive document, and therefore the speed of starting enforcement measures.

But for debtors, this results in completely different consequences - the impossibility of personally participating in the process and challenging the debt, debiting funds from cards and accounts, introducing restrictions and prohibitions, which they often learn about only from bailiffs or third parties.

Housing and communal services organizations can apply to the court to obtain an order if two mandatory conditions are met:

• the debt does not exceed 500 thousand rubles;
• non-payments (delay) are more than 3 months.

Typically, utilities work according to the following scheme:

1. They wait 3 months. If payments for services are not renewed, a written notice is prepared and sent to the debtor - a kind of claim. Typically, the notice indicates, among other things, the amount of the debt, its structure (breakdown) and the period for repayment, as well as measures that can be taken - restriction, termination of services, the accrual of a penalty (penalty) and collection of the debt in court.
2. They are waiting for the debtor to voluntarily repay the claim within the allotted time. If nothing happens, they consider approaching the magistrate for an order. This stage sometimes lasts 3-6 months, and often a year or more - much depends on the order adopted or established in a particular municipality, locality, in the organization of housing and communal services and other circumstances. At the same stage, it is widely practiced to consider issues of installment or deferment of debt repayment, but, of course, if the debtor himself is interested in this. In some cities and regions there are special commissions in this regard, especially when it comes to debts to municipal housing and communal services enterprises.
3. If the debtor's inability or unwillingness to repay the debt is obvious, obtaining a court decision is inevitable - it is only a matter of time.
4. A court order is received in just 5 days from the date of application.
5. 10 days from the moment the debtor receives a copy of the order, it comes into force and can be immediately submitted for foreclosure on property, funds and income.

It is possible to challenge a court order to collect a debt for utility bills by canceling it, without allowing the commencement of enforcement proceedings, only within the 10 days indicated above. And this is where problems often begin:

• the order came to an address where the debtor does not actually live;
• the letter from the court got lost somewhere along the way;
• the debtor was on vacation, a business trip, or somewhere else, but not at home;
• other circumstances did not allow receiving the order.

The result of all this is the expiration of the deadline for challenging the order. And in this situation, debtors simply do not know what to do, especially when write-offs from cards, accounts have already begun, or bailiffs have come to seize property.

A thorough study of the issue does not always guarantee a positive outcome. On our website you can get the most detailed consultation on your issue from our lawyers for free through an online form or by phone in Moscow (7-499-350-97-04) and St. Petersburg (7-812-309-87-91 ).

How to challenge an order

Three situations are possible:

1. The order has not entered into force.
2. The order has entered into force, but you have grounds to restore the missed deadline for its cancellation.
3. The order has entered into force, and you understand that there are no valid reasons for reinstating the term, or the magistrate has already denied you this.

The first situation is the simplest. It is necessary to promptly prepare a written objection addressed to the magistrate who issued the order. Samples are available online, but they can also be found in the court itself.

When drawing up an objection, it is enough to refer to your disagreement with the amount of debt for utility bills. There is no need to invent and confirm anything, make calculations and provide evidence.

You just need to state your disagreement - this is enough for the judge to make a decision to cancel the order.

The second situation is more complicated, but all is not lost here. In addition to the objection, it is necessary to prepare an application for the restoration of the missed deadline, be sure to indicate good reasons for this and confirm them with documents.

When considering the objection, the judge will also consider the issue of restoring the term.

Cancellation of the order will entail the termination of enforcement proceedings, if they have already begun, the removal of all restrictions, prohibitions and the cancellation of enforcement measures.

The third situation is a more serious problem. It is impossible to cancel the decision, but you can challenge the court order to collect housing and communal services debts in cassation. In this case, you will have to seriously think about the grounds for considering the case in cassation and overturning the court decision.

Considering that the writ proceedings are accelerated and simplified, there is no trial as such, the parties do not participate and do not present evidence in the process, it is extremely difficult to find any grounds for reviewing the order in cassation.

And do not forget that appealing to cassation will not suspend enforcement proceedings, so if the goal is to delay debt collection, then it is better to immediately go to court on this matter, rather than delay the process.

Let's consider the option when tenants allowed the formation of overdue debts for payment of housing and communal services. It would seem that the owner is responsible for the debts; in this case, the owner is the municipality. But in reality, everything is not quite like that.

In the Civil Code of the Russian Federation, as well as in the Housing Code of the Russian Federation, there are no norms that would oblige the municipality to reimburse management companies for the debts that were incurred in paying housing and communal services from tenants.

The tenant is obliged to pay housing and communal services on time, this follows from the provisions of the social tenancy agreement, as well as clause 5, part 3, art. 67 Housing Code of the Russian Federation, Art. 678 Civil Code of the Russian Federation.

When, after a divorce, the second spouse moves out of the apartment, and the housing itself belongs not only to the parents, but also to the children, the parents are obliged to bear the costs of maintaining the children’s share together.

If the spouse who has moved out does not want to pay for the children’s share, then this money can be recovered from him through a recourse claim, or as a debt, if the spouse remaining with the children pays only his share of the obligatory payments.

In the eyes of the law, children until they reach the age of 18 are not responsible for their maintenance. This responsibility rests with their parents, guardians, and other legal representatives.

We suggest you read: How to find out whether property has been seized by bailiffs

Thus, it is impossible to bring a claim for collection of housing and communal services debt against a minor; you can file claims in court against his legal representative. The legal representative of the minor will be recognized as the appropriate defendant.

Housing and communal services represent a list of services necessary to create residential conditions at the site. This includes hot and cold water supply, heating, gas supply, electricity supply, etc.

The need, procedure, rules, terms and methods of payment for housing and communal services are specified in a number of regulations that make up the Housing Code of the Russian Federation.

For example, Article No. 153 of the Housing Code of the Russian Federation explains the obligation of citizens to pay for services for living on site, and Article No. 156 describes the amounts charged as payment for housing and communal services (housing and communal services).

Article 153. Obligation to pay for residential premises and utilities

Article 156. Amount of payment for residential premises

It is important for a citizen living in the territory of this state to know the above nuances of paying for utility services. This is due to the fact that in case of arrears in payments, he will be subject to administrative liability.

Is it possible

From June 1, 2020, changes were introduced into the Housing Code of the Russian Federation, which, first of all, relate to the collection of payments for utility services.

According to these changes, in case of non-payment, the body that acts as the supplier of housing and communal services will file an application with the court. As a result, the taxpayer may face a court order for debt on utility bills.

It is worth noting that in some constituent entities and regions of the Russian Federation, the judicial practice of applying orders for debt payment for housing and communal services has been used for more than five years, and in others it has only recently come into force.

Application for a court order to collect debts for utilities

Explanation of the term “court order”

The document is mentioned in the Code of Civil Procedure of Russia. Based on Art. No. 121 – a court ruling has the force of an executive act.

Features of the order in litigation with housing and communal services:

1. Availability of grounds - a statement from the management company with evidence of the validity of the claims in the form of attachments.
2. The defendant in the claim is not invited, based on the irrefutability of the plaintiff’s claims. The logic is there - there are no fees for utility services, which is already a violation. The debtor's opinion is not taken into account here.
3. According to the issued order, you can recover no more than half a million rubles of debt.

A court order for housing and communal services debts has several functions:

• decisions on a claim - issuance means recognition of the rightness of the plaintiff-creditor;
• executive – sufficient to begin the process of paying off debts;
• grounds for initiating enforcement proceedings.

The speed of processing an application is the main danger for those who, for some reason, are really not aware of the existence of unpaid utilities. The first alarm bell may be receiving a copy of the decision by mail (the duty of the magistrate - Article 128 of the Code of Civil Procedure of Russia).

In this case, the situation has already been resolved in favor of the Criminal Code. After canceling the court order to collect the debt for housing and communal services, it is allowed only within a certain period of time - 10 days (Article 129 of the Code of Civil Procedure). The request for cancellation must be justified.

How to appeal a court order for utility debts

How to cancel a court order from a magistrate to collect rent arrears? The first and most important rule is meeting deadlines. The owner has 10 calendar days to submit a response to collect the debt for housing and communal services. And this period is calculated from the next day after which the notification from the court was received.

When the specified period is missed, it can be extended. However, practice shows that there must be compelling and documented reasons for this.

There is also a second point. An application to cancel a court order to collect debts on utility bills is submitted to the magistrate’s court that issued it. In this case, the appeal will be considered by the judge who made this decision.

Challenging writ proceedings should not be confused with an appeal. It is submitted specifically to the court decision to a higher authority. And besides, unlike this method of appeal, you will need to pay a state fee.

When challenging a court order for utilities, you need to make sure that there is clear evidence that the application was received by the court office or sent by mail. Then you can know the likely date for consideration of the debtor’s objections.

Grounds for appeal

It is desirable that the factors for appealing the court order really exist, otherwise it will be problematic to meet the deadline. Usually one or more possible options are selected.

Disagreement with the amount

The most popular solution. Sometimes the Criminal Code mistakenly indicates the amount to be paid. In some situations, it is unlawful to charge fines and penalties. If the funds specified in the order do not coincide with one’s own vision of the state of the personal account, the decision must be challenged.

To do this, you must have receipts on hand. Experts recommend putting them in a separate folder from the very beginning so that you can present data for several years at once. The more information you can collect, the more justified your position.

Postponement

Sometimes it is not possible to repay the debt within the deadlines established by the management company, and then by the court, for good reasons. They may be the lack of registration in the region, serious illness or other unforeseen factors.

It is better to check with a lawyer about the possibility of a deferment for each case. A legal specialist will tell you what documents need to be prepared for a response to the court.

Limitation of actions

Usually, an attempt to collect old debt is a tool of unscrupulous management companies and homeowners associations. Often such lawsuits are filed to close holes in an organization's budget. A characteristic feature is that before contacting a higher authority, employees of the management company for a long time, in a persistent and aggressive manner, convince the citizen that he is obliged to pay all the arrears, threaten to turn off public services, and so on.

However, no one has canceled the limits of the claim period. When receiving a court verdict regarding old debts, you can safely appeal to this concept. According to clause 1 of Article 196 of the Civil Code of the Russian Federation, the period is three years.

Usually, as a result of consideration of an appeal from a consumer utility, the debt is frozen. They will not be able to collect it, but only until the first violation of the payment procedure. The next time you miss it, the amount will be added to the amount of the new debt. Therefore, it is better to solve the problem of the unpaid balance, request a recalculation or gradually pay off.

Order form

The executive act is drawn up in the form specified in Art. No. 124 Code of Civil Procedure of Russia. If the received copy does not correspond to them, then the decision can be successfully challenged. Most likely, this will only work once, because a simple mistake in drawing up an order will not help the debtor.

The creditor has the right to appeal again to a higher authority. At the same time, the likelihood that the verdict will again be drawn up incorrectly is minimal.

Consequences of the entry into force of a court decision

The management company must also provide justification for issuing the document.

However, it is easier for the creditor to do this, since a statement is sufficient, which indicates:

• name of the court;
• information about the organization;
• debtor data;
• history of the debt and its relevance - attached documents;
• an agreement with a housing and communal services company, which allows you to demand payment.

If doubts arise regarding the license to operate a management company, the court may return the application, in accordance with Art. 125 Code of Civil Procedure of Russia.

If all the necessary papers are available, then a fairly small number of receipts for the latest billing periods. The court order is issued in 2 copies. The first is handed over to the plaintiff, a copy is sent to the debtor in the form of a notice. The second one is certified by the official seal and sent to the local bailiff department.

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Algorithm of actions for challenging

The easiest way is to pay off the debt. However, it is only suitable for situations where a situation arose due to the user’s carelessness. In other cases, the court's decision should be challenged.

You must act immediately upon receiving a copy of the order. From this moment, a countdown of 10 days is initiated, after which it will not be possible to change the situation in your favor.

If it is impossible to appeal the decision during this period, then there must be valid circumstances:

• long business trip;
• being in a medical facility;
• other reasons.

The highest authorities must be notified about this. If there is evidence, the period has the right to be extended.

An application is being drawn up to cancel the court order to collect housing and communal services debt. The appeal should be submitted to the higher authority that made the previous decision.

You can deliver documents to the office:

• on one's own;
• through a representative authorized by a power of attorney;
• by registered mail - a less preferable option, since it takes longer and there is a risk of losing the postal item.

As a result, the court order will be terminated - the bailiff service will not be able to describe the property or close accounts. In the eyes of the law, from this moment a controversial situation is formed - in addition to the previously unconditional position of the management company, the opinion of the other side appears.

For your information: you can find a notice in the box about the start of enforcement proceedings. If a copy was not received earlier, then you must immediately apply for a stay of collection. Usually in such situations the bailiffs agree with the applicant.

Immediately after submitting the application, it is worth preparing an evidence base - checks, receipts, certificates. They will be needed in the next step. After the order is canceled, the manager will file a second claim, which will be considered during standard litigation. In the process, you will have the opportunity to prove your case, but only if there are grounds for this.

To achieve a decision in favor of the debtor, you need to:

• submit your application on time;
• give compelling reasons;
• do not make mistakes when forming papers.

The last point often causes problems due to the rush in which the appeal is prepared.

Rules for drawing up an application for cancellation

Despite the lack of strict frameworks, it is worth adhering to the drafting recommendations.

The text of the application must indicate:

1. Header with information about the applicant and the authority. You need to fill out your passport and contact information. The letter should be addressed to the magistrate who decided to issue the order.
2. Link to the resolution - details, date of issue.
3. A text detailing the reasons, entitled “Objection.”
4. The requirement to accept a document for analysis, with the signature of the citizen and the date of application.

The magistrate reviews the application within 10 working days and makes a decision. If it is drawn up correctly, then the order will be canceled due to the citizen’s disagreement (Article 129 of the Code of Civil Procedure of Russia).

To avoid mistakes, it is better to draw up an application for cancellation of a court order for the collection of housing and communal services debt according to the sample.

Note: the parties in the document must be referred to strictly as “debtor” and “collector”. Otherwise, the application may be rejected due to non-compliance with the form.

Preparing an objection

Further events develop differently. The emergence of a controversial issue does not oblige the magistrate to begin legal proceedings. The management company will be notified of the termination of the collection procedure. After which the service organization has the right to file a second claim. The result is a standard court hearing with the participation of the defaulter and a representative of the manager.

The initiative can also come from the debtor. If he disagrees with the claims of the housing and communal services, he has the right to write an objection to the court order to collect debts for housing and communal services.

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Thus, the very fact of a claim against a citizen is protested. If the outcome is positive, debts may be written off or a repayment procedure may be established.

It is important to have time to collect a package of papers and evidence. After receiving notice of the order and preparing to cancel it, there are about three weeks left to collect them.

Required documentation and deadlines for submission

An application with relevant attachments must be submitted within ten days from the receipt of a copy of the order, or within the extension period established by the court.

The list of required documents should include:

• objection to the statement of claim for the collection of debt for housing and communal services;
• receipts, checks, extracts as proof of correctness;
• documents, forms confirming the impossibility of timely payment;
• power of attorney, if the papers are transferred by a third party.

The review takes place within 10 days, after which the court remains to make a decision and notify the applicant.

State fee for appeal

An application with documents is submitted without a fee. They only pay for going to arbitration if the magistrate court refuses to revoke the order. Then the state duty is 300 rubles, according to Art. 333.19 Tax Code of the Russian Federation.

Despite the undeniability of the claims, there is no need to give up or worry when receiving a notification. The main thing is to quickly submit a correctly written objection to the court order from the housing and communal services sector according to the sample and competently protest the position of the Criminal Code.

Watch the video: “How can you cancel a judge’s order to collect debt for housing and communal services.”

The only legal document that must be satisfied, regardless of the reasons and arguments given, is an application to cancel the court order. In this article we will explain the rules of preparation, deadlines and grounds for filing, as well as other nuances associated with this document.

Court order and procedure for initiating its issuance

Bankers and wives who apply for alimony are very fond of using a court order as a measure of influence. A court order is issued by a judge without the presence of the defendant and plaintiff, independently. The defendant and the court decision are notified by mail, sending him a copy of the court decision.

In establishing this procedure for legal proceedings, the state was guided by good intentions, in order to facilitate and speed up the trial. But I take into account the situation that has developed at the moment, and it is clearly not in favor of the defendants, they wanted the best, but it turned out as always. Creditors are very happy to use this nuance in the judicial system as a way to collect the maximum from the debtor.

Circumstances in the event of which a court order is issued:

• transactions with a simple written form (bank loan agreements);
• notarized transactions;
• collection of alimony if there is no dispute about paternity;
• recovery of unprovided payments, if accrued (compensation for vacation, financial assistance, wages and other payments under the Labor Code of the Russian Federation).

The procedure for a plaintiff to obtain a court order is as follows:

• sending an application to the magistrate for debt collection (sent to the court district at the location of the plaintiff);
• making a decision by the judge.

When sending an application, the plaintiff (most often a bank) attaches to it the entire package of documents confirming the debt. In the case of bank lenders, along with the loan agreement, all the papers are attached, which include commissions, penalties and even state duties. The judge always sides with the plaintiff and, as a result, the borrower must pay a huge amount. The court order will state that the entire amount must be recovered from the debtor, but at the end of the order there is a note that the defendant can provide objections.

Actions if a court order is issued against you

Cancellation of a court order is the direct responsibility of the judge if objections are received from the defendant. Therefore, having received a court order, you should never panic. Actions in case of receiving a court order:

1. When receiving a notification, be sure to mark it with the exact date and time.
2. Open the correspondence and read it in the presence of the presenter, and only after that sign for receipt.
3. Immediately draw up and submit an objection (application to cancel the court order).

How to write an application to cancel a court order for debt collection

In any court district of magistrates, on a special information stand there is a sample application for the cancellation of a court order. The application form can be obtained from the site secretary. But it’s better to prepare in advance and come to the station with ready-made objections. Therefore, we will tell you how to write objections correctly:

1. The header is filled in with the details of the person filing the objection, as well as the addressee’s details.
2. The date the court order was issued.
3. Description of the contents of the order.
4. A note indicating an objection to the execution of a court decision.
5. Reference to legal norms, namely to Article 129 of the Code of Civil Procedure of the Russian Federation.
6. Date of receipt of a copy of the court decision.

It is not necessary to indicate the reasons for objections in detail; you can limit yourself to standard phrases.

It should also be taken into account that it is better to send objections to the court in person, through the judge’s secretary or his assistant. If you send an application via Russian Post, you should definitely take care of sending a registered letter with notification of receipt. Otherwise, it will be impossible to prove timely sending of objections.

Sample application to cancel a court order

A standard application to cancel a court order looks like this:

Application for cancellation of a court order to the Magistrate of the judicial district. from the debtor. residing at: . by court order dated __ ____ ____, case no.

__ ____ ____ the magistrate of court district No. _____ issued a court order, in accordance with which _____ was collected from me to pay off the debt ____________. The court order was issued at the request of the claimant _____. I object to the execution of this court order because I do not agree (why I do not agree - any reasonable reason). Based on Art. 129 of the Code of Civil Procedure of the Russian Federation, the judge cancels the court order if the debtor raises objections regarding its execution within ten days from the receipt of a copy of the court order. A copy of the court order was received by me ______. Considering the above and guided by Art. 129 Code of Civil Procedure of the Russian Federation, I ask:

Cancel the court order of the magistrate of court district No. ______ dated _____ on the recovery of _____ ________ (money) to pay off the debt ___________.

If an application is submitted along with an objection to cancel the enforcement proceedings, it should look like this:

To the magistrate of judicial district N ____ ________________________________ district _______________________________ region _______________________________________ (full name of the judge) _______________________________________ (address of the judicial district)

Claimant: ___________________________ (name or full name) address: _______________________________, telephone: ___________, fax: __________, email address: ______________

Debtor: ______________________________ (name or full name) address: _______________________________, telephone: ___________, fax: __________, email address: ______________

Representative of the debtor: _______________ (data taking into account Article 48 of the Civil Procedure Code of the Russian Federation) address: ________________________________, telephone: ___________, fax: __________, email address: ______________

Case N _____________

OBJECTION to a court order

“__”___________ ____, the justice of the peace of ______________________ judicial (full name) section N _______ __________ judicial district _____________________ region, on the basis of the considered application for a court order dated “__”___________ ____, a court order was issued for the recovery of _______________________________________________ (amounts of debt under the agreement dated “__”___________ ____, alimony, arrears of taxes, fees, etc.) in favor of _________________________________ with ______________________________ in (name of the collector) (full name of the debtor) in the amount of _____ (__________ ), including: ________________________________ - in the amount of _____ (__________); ________________________________ - in the amount of _____ (__________), as well as on the collection of expenses for payment of state duty in the amount of _____ (__________). The debtor does not agree with the court order dated “___”_____ ____ and with the requirements set out in the application for a court order dated “__”___________ ____, because: ________________________________________. (specify reasons) Based on the above and guided by Art. Art. 128, 129 of the Civil Procedure Code of the Russian Federation,

The court order dated “__”___________ ____ for the collection of ________________ (the amount of debt under the agreement dated “__”___________ ____, alimony, arrears of taxes, fees, etc.) is canceled completely.

Attachments: 1. Copies of documents confirming the stated arguments. 2. A copy of the representative’s power of attorney (if the objection is signed by the debtor’s representative).

"__"___________ ____ G.

_______________________/_________________/ (signature) (full name)

Example of an application form:

To the magistrate of judicial district No. ____ __________ district of the city _______________

Debtor: ____________________ (full name) Address: _____________________________ Telephone: ___________________________

Claimant: ____________________ (full name) Address: _____________________________ Telephone: ___________________________

Application for cancellation of a court order

By court order No. _____________ (if known) dated ___ _______ 2014 in favor of the claimant ___________________ (name of the bank or other organization), the debt under loan agreement No. _________________ dated ______________ (if known) was recovered from me, __________________ (full name) in the amount of _______________ rubles . I object to the issuance of a court order due to the fact that the bank incorrectly calculated the amount of the debt, and the penalty calculated by the bank is clearly disproportionate to the violation committed. Based on the said court order, the bailiff of the ____________________ department (name of the department) initiated enforcement proceedings No. _______________ (from the resolution). According to Article 43 of the Federal Law “On Enforcement Proceedings”, enforcement proceedings are subject to termination if the court adopts an act to terminate the execution of the enforcement document issued by it. Based on the above, in accordance with Art. 129 Code of Civil Procedure of the Russian Federation, art. 43 Federal Law “On Enforcement Proceedings”,

1. Cancel court order No. ________ dated __________________ 2. Terminate enforcement proceedings No. ________________ dated _____________.

00.00.0000 __________________ /___________________/ (signature) (full name)

Debt for utility bills after the court order is canceled

In 2020, the Housing Code of the Russian Federation was supplemented with amendments regarding the requirements for payment of debts for housing and communal services.
The utility service provider has the right to apply to the court for an order to collect the debt. In some Russian regions this practice has been in effect for a long time, in others it began to be actively used when legislative amendments came into force. This fact will become known to him only upon receipt of an order issued against him or forced debiting of funds from his bank account to pay off the debt.

Housing and communal services companies have the right to go to court to issue a court order in 2020, subject to two conditions:

• The amount of debt does not exceed 500 thousand rubles.
• The debt period is at least 3 months.

You can avoid this turn of events if you pay your rent on time. If the order has already been issued, it is possible to cancel its entry into force.

Having found a legal basis for canceling the received deed, the debtor should study how to cancel a court order for utility payments. The procedure is carried out upon application.

Certain rules and requirements are established for its registration. The completed application must be submitted to the court that issued the order for utility debts.

The period for challenging a court order is 10 days. The beginning of its course is the date of notification of the debtor about the collection. It is important to submit your application within this period.

If a citizen did not manage to submit an application within the prescribed period for a good reason, the court will be able to extend it. The validity of the reason must have evidence.

Read about

recalculation of utility bills in case of temporary absence

.

How to arrange installment payments for utility services? See here.

The likelihood of the court order being canceled depends on the correct execution of the application. It is important to note that it cannot refer to the disputing parties as plaintiff and defendant. The use of these terms in simplified legal proceedings does not comply with the norms of the Code of Civil Procedure of the Russian Federation. As a result, the document may be returned without consideration.

The “Debtor” acts as a defendant in writ proceedings. Instead of the plaintiff (housing and communal services company), the “Collector” is indicated.

The applicant must provide the following information on the form:

• The date the order was issued.
• Full name of the judge who issued the act.
• Court precinct number.
• The locality in which the court is located.
• Type of debt collection – for housing and communal services.
• Claimant's name.
• Full name of the debtor.
• The amount of recovery specified in the judicial act.
• Grounds for canceling the order (reason for disagreement).
• Compiler's signature.

Each application detail must be written in the appropriate place on the form.

The text is divided into three sections:

• Document header. This part contains the name and coordinates of the judicial authority, as well as information about the parties to the dispute: the claimant and the debtor.
• Main part. The details of the judicial act and its content are reflected here. The amount of debt to be recovered must be indicated, broken down by composition: main debt for housing and communal services, penalties, etc.
• Next, you should describe in detail the essence of the disagreements that have arisen and the reasons for disagreement with the order. In their presentation, it is necessary to rely on the grounds for challenging the document: the time of existence of the debt, its indicated amount and the actual size.
• Final part. Contains the applicant's request to cancel the court order, a list of attachments, and the personal signature of the originator.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

So, first of all, it is important for an individual who wants to challenge a court order on a legal basis to have a basis for carrying out the procedure.

Next, you need to write a corresponding statement. His form is filled out according to certain criteria.

Then it should be taken into account that a written application can only be submitted to those judicial authorities from which an order was received regarding debts for payment of housing and communal services. The review will be carried out by the magistrate who previously issued the order.

Having taken note of these nuances, the payer of utility services can safely submit an application to the authorities that issued a court order for the debt of payment of utility and housing payments.

A decision to revoke an order will only be made if the basis for challenge is a valid reason provided for by law in the relevant law. But this will not be the end of the proceedings.

After all, the utility service provider can file a claim against the payer, and the latter will be forced to collect all kinds of evidence that the order does not correspond to reality. For example, receipts for payment of all housing and communal services - gas, water supply, heating, electricity, etc.

As stated above, the statement is the primary basis for consideration of the situation by the judicial authorities. It is important for a citizen who needs to challenge a court order for housing and communal services debt to correctly draw up this act. The likelihood of cancellation largely depends on a well-formed application to challenge a court order.

The form must contain the following data entered by the housing and communal services payer:

1. The date of the court order for the debt;
2. Full name of the magistrate who issued the order;
3. Court precinct number;
4. The city in which this federal body is located;
5. Type of collection (housing and communal services, alimony, arrears of taxes, fees, etc.);
6. Name of the claimant;
7. Name of the debtor;
8. The amount of the penalty in accordance with the order;
9. The reason for the debtor’s disagreement with the court order;
10. Applicant's signature.

Please note! Satisfaction of an application to cancel a court order regarding debt for housing and communal services depends on the literacy of the document.

According to Article 125 of the Civil Procedure Code of the Russian Federation, the court has the right to refuse to accept an application:

• absence of documents confirming the absence of debt or the state fee was not paid when submitting this application;
• the statement contradicts the requirements of the civil legislation of the Russian Federation;
• the application contains a requirement that is not in Article 122 of the Code of Civil Procedure of the Russian Federation;
• a citizen who permanently lives in the territory of another state.

Refusal to accept an application must be issued within three days from the date of filing it with the court.

Practice shows that the opportunity to resolve the issue of utility debts is equally convenient for both management companies and magistrates. Therefore, the number of such statements will only increase from 2020.

Collection takes place in the following form:

• the bailiff sends a copy of the document on the commencement of enforcement proceedings on the debt for housing and communal services by registered mail;
• within 5 days the debtor can deposit the necessary funds voluntarily;
• upon expiration of the allotted period, enforcement begins.

The debt can be written off from the bank account, which will become known to the bailiffs. If there are none, then movable property can be described and sold. In case of large amounts of debt, real estate and car are seized. The debtor may not be allowed to go abroad, etc.

However, there are situations when the debtor objectively does not have the opportunity to pay the debt. There is no need to sell real estate or things. The law makes it possible to get a deferment. To do this, immediately after receiving a copy of the decision from the bailiff, submit an application to the FSSP.

about the author

Valery Isaev

Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal profession, he has conducted many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.

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Although there is no clearly established form for the document, you should still not neglect the basic elements of such documents, which relate to content and structure:

• The header of the document contains: the name and address of the court to which the application is submitted, the name of the debtor (by court order): full name, registration address and contact information. Remember that when writing this application, the parties will be referred to as “claimant” and “debtor,” just as in a court order. Otherwise, this may serve as a reason for refusing to accept the application for consideration under the civil legislation of the Russian Federation;
• in the content of the application you must write the number, date and essence of the court order that you want to cancel. In this part, be sure to indicate the amount of debt under the order, and also break down the debt into parts: debt and penalties;
• in the explanatory part, which comes after the content, information is provided regarding the debt itself and the reasons for non-payment. Please note that they must be respectful (unemployment status, period of incapacity, etc.);
• regarding the requirements, the applicant (debtor) asks the judge to cancel the previously issued decision (court order);
• applications. This part lists all the documents that are evidence of the application and are attached to it. Such documents may include: an extract from the medical history, a certificate of income, a court order and others;
• and the applicant's signature on the application.

We suggest you read: How to reschedule a court hearing in a civil case

Actions to cancel an order that has entered into legal force

When, for some reason (sometimes beyond the control of the defendant), the 10 days allotted by law for objections have already expired and the court order has entered into force, and you do not agree with it, then there is a way to influence the situation. it is required to strictly follow the actions described in Article 256 of the Code of Civil Procedure of the Russian Federation:

1. We are writing a petition to the court to restore the missed procedural deadline.
2. We send him to the courthouse.

But in order for the court to grant this petition, you will have to provide a compelling reason for missing the time allocated by law to object. List of reasons why the court usually grants a motion:

1. It was not you personally who received the order. For example, a postman in a hurry gave it to your grandfather, and he, having signed for you for receipt, forgot to give it to him.
2. Illness (required with supporting document).
3. Business trip (you will need a certificate from your place of work).

Often, debtors, if they do not receive a copy of the order, learn about its entry into force from bailiffs at the execution stage. By providing the judge with evidence that you did not receive a copy of the order, you can count on its cancellation on the basis of Articles 443-445 of the Code of Civil Procedure of the Russian Federation.

Reviews and comments to the article “Cancellation of a court order for debt collection: sample”:

Sep 10, 2019adminlawsexp

Step-by-step instructions for canceling

Let's look at the debtor's steps to cancel the order step by step.

1. The first thing to do is to write an objection as soon as you receive the letter from the court. It is impossible to delay the challenge, since the law allocates a certain period for the appeal procedure - only 10 days.
2. An objection to a court order must be sent to the court in which the case was heard. It is better to bring it to the court office in person, since sending it by registered mail may not arrive on time or get lost.
3. Along with the objection, you can attach documents on the basis of which the debtor does not agree with the claims of the claimant. You can also indicate the reasons for disagreement in the text of the objection. However, this is not necessary, since Article 129 of the Code of Civil Procedure of the Russian Federation states that for cancellation, the debtor’s disagreement, expressed in writing, is sufficient.
4. An application to cancel a court order must be submitted to the court office. It will be reviewed within 3 days. After this, the court will suspend the case until the circumstances are clarified and cancel its decision.
5. A copy of the order to cancel the decision is sent to the claimant within 3 days. The claimant may file a second claim with the court with the same demands. In this case, the case is no longer considered in absentia, but in the manner of claim proceedings.

If the collection case has already been sent to the FSSP, then the debtor who received the document canceling the order needs to contact the bailiffs so that they suspend the enforcement proceedings.

An employee of the FSSP notifies the court of the cancellation of the order, but this information may not reach them in a timely manner. Therefore, the debtor is recommended to take care of notifying the bailiffs himself.

Canceling a court order to collect housing and communal services debt gives the apartment owner time to repay, and also allows him to defend his rights and interests at court hearings. It is worth considering that cancellation does not at all deprive the claimant of the right to demand the return of the amount from the debtor.

If the court finds these demands justified, then the result of the hearing may be forced collection of the debt with the property and personal funds of the owner, recalculation, debt restructuring or deferment of payment.