In civil proceedings, it is often the case that the defendantlearns about the trial not from the agenda by mail, but from the bailiffs. And it is good that they still contacted the debtors before the arrest of bank accounts and the seizure of property. Often life brings unpleasant surprises when, instead of the promised salary notice, an alert about writing off money to pay the debt comes. After that, citizens are trying to defend their rights, but all deadlines have been missed. What to do in this situation? There is a way out - a statement about the restoration of the missed deadline. Does it make sense in it and how to write a petition - in detail below.
Recovery of missed procedural deadlines: is there a chance?
According to the Code of Civil Procedure, ifdeadline for filing out, in certain cases, the court may make a concession. The first thing you need to do is to write a statement about the restoration of the missed deadline. Without it, any procedural action, the deadlines for which have been issued, will not be considered by the court. Even if a person is innocent a thousand times, and the judge will understand this, he simply does not have the right to review the verdict without a corresponding petition (decision) on restoration. Otherwise it will be a gross violation of the trial.
Therefore, it is not necessary to think that “the judge is bad and unfair” if he rejected the decision due to missed deadlines. Know: this is the norm. Exit - write a statement about the restoration of the missed deadline.
Where to file?
Many have difficulty:where to file a petition? An application for the restoration of the missed deadline is submitted to where the case will be considered. For example, the justice of the peace of plot No. XX of the Leninsky district of the city of Lyubogo issued a court order. The deadline for its cancellation is 10 days. The citizen did not have time to write an objection to the cancellation for a good reason. As a result, he submits a petition for restoration and objection to the magistrate of the plot No. 5.
Cassation - a special order
However, it is worth bearing in mind that recoverydeadlines for filing a cassation appeal is an exception to the general rules. To submit it, you must first obtain permission for this in the court of first instance, where the case was considered. This is a special order, which concerns only cassation. For example, a citizen lost a district court, then an appeal. The next instance is cassation. Despite the fact that the complaint must be filed directly (as opposed to an appeal that is filed through the district court), it will be necessary to restore the deadlines in the district court. After the first instance decides on restoration, it must be attached to the cassation appeal and filed directly with the relevant regional court presidium.
To restore
In accordance with the Code of Civil Procedure of the Russian Federation, it is necessary to have a reason for which the deadlines were violated. These include:
- Disease.
- Business trips.
- Illiteracy. This refers to the inability to read, write, count, and not ignorance of legal laws and terms, as many think.
- Another reason, which seems satisfactory to the court.
Often the last is ignorance aboutcourt hearing. That is, citizens are not warned, as a result of which they miss deadlines. Often, this is the justice of the peace when issuing court orders. Most applications related to them.
Sample Restore Missing Deadline
In the application, you must write something like the following:
"Such a number such a court has considered the case№ХХХ on the claim of the Bank "I want" to the citizen Ivanov I.I. A court order was adopted, according to which I am obliged to return to the Bank “I want” a sum of money under a loan agreement in the amount of 5000.23 rubles, and also a state tax - 300.09 rubles.
I only received a copy of the orderon such a date, as a result, I missed the deadline for filing an objection. Before that, I did not receive any copies. I did not know anything about the decision. Together with this application (petition), I will file an objection to the court order.
Based on the above, I ask:
- Restore the missed procedural deadline for filing an objection.
Application:
- Copy of the passport;
- A copy of the objection on the number of persons involved in the case. "
The number, signature. And that's all. Our statement is written. You can, of course, provide links to laws, but this is not necessary.
Correspondence decision
There is a simplified form of decision making,it is difficult to cancel and restore deadlines for cancellation. This is a decision in absentia. According to the law, an objection is filed to him within seven days. In case of a pass, it is also allowed to restore the time limit. However, this is not so simple: if more than 38 days have passed, namely, the period when the deadlines for filing an appeal have passed, then the right to file can no longer be restored. So ruled the Supreme Court in 2015. The only thing that can be done in this case in order to defend your rights is to restore the right to appeal. But it is worth considering that it is filed through the court that issued the initial verdict.
