In the civil process it often happens that the defendantlearns about the trial not from the agenda by mail, but from the bailiffs. And it is good that they still contacted debtors before the seizure of bank accounts and seizure of property. Often life brings unpleasant surprises, when instead of the promised notice of salary comes an alert about writing off money to pay the debt. After that, citizens try to defend their rights, but all the terms are missed. What to do in this situation? There is an exit - a statement on the restoration of the missed deadline. Is there any point in it and how to write the petition - in detail further.
According to the Civil Procedure Code, ifthe time limit for filing is out, in certain cases the court can make a concession. The first thing you need to do is write a statement about the restoration of the missed deadline. Without it, any procedural action, the terms for which came out, the court will not be considered. Even if a person is a thousand times innocent, and the judge will understand this, he simply has no right to revise the verdict without a relevant motion (decision) on the restoration. Otherwise, it will be a gross violation of the lawsuit.
Therefore, one should not think that "the judge is bad and unjust" if he rejected the decision because of missed deadlines. Know: this is the norm. The solution is to write a statement on the restoration of the missed deadline.
Many are experiencing difficulty:where to file a petition? The application for the restoration of the missed deadline is submitted to the place where the case will be examined. For example, the magistrate of the site No.XX Leninsky district of Any city 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 to the magistrate of district No. 5 and an objection.
However, it should be borne in mind that the restorationThe deadline for filing a cassation complaint is an exception to the general rules. To apply, you must first obtain permission for this in the court of first instance, where the case was examined. This is a special order, which deals only with cassation. For example, a citizen lost a district court, then an appeal. The next instance is the cassation. Despite the fact that the complaint must be submitted directly (in contrast to the appeal, which is filed through the district court), it will be necessary to restore the time in the district court. After the first instance takes a decision on the restoration, it must be appended to the cassation complaint and submitted directly to the appropriate regional presidium of the court.
In accordance with the Civil Procedural Code of the Russian Federation, it is necessary to have a reason why the terms were violated. These include:
Often the latter is ignorance ofcourt session. That is, citizens are not warned, as a result of which they miss deadlines. Often this is the sin of world judges when issuing court orders. Most of the statements are related to them.
In the application it is necessary to write about the following:
"Such a number of such a court considered the case№XXX on the claim of the Bank "I want" to a citizen Ivanov II. A court order was issued, under 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, as well as a state duty - 300.09 rubles.
I received a copy of the court order onlyof such and such a number, as a result, I missed the deadline for filing an objection. Before that, I did not get any copies. I did not know anything about the decision. Together with this application (petition) I will be objected to the court order.
On the basis of the foregoing, I ask:
Number, signature. And that's all. Our statement is written. Of course, you can specify references to laws, but this is not necessary.
There is a simplified form of decision-making,it is difficult to cancel and restore the deadline for cancellation. This is a correspondence decision. According to the law, an objection is filed within seven days. In the case of misses, it is also permitted to restore the period. However, not everything is so simple: if more than 38 days have passed, namely the period when the time limit for appeals has passed, then it will be impossible to restore the right to file. So decided the Supreme Court in 2015. The only thing that can be done in this case is to restore the right to appeal. But it is worth considering that it is served through the court that issued the initial verdict.