Absentee court decision. The cancellation of the absentee court decision. The procedure for appealing against a court decision in absentia

The court made a decision in absentia, how to be in suchsituation? Today, there are many legal disputes related to violation of debt obligations. Therefore, this topic is of concern to many people. We will try to answer how the court's decision is canceled. What you need to know when faced with this form of verdict. But first about what it is.

The concept of

The absentee decision is a simplified form of acceptancea judicial decision that involves the absence of parties at a meeting. But it is worth noting that this is not a court order, despite the apparent similarity in the decision-making procedure. The order comes from the courts of the world, which are lower in the hierarchy than the district courts, which basically and take out the court's judgment in absentia. The sample is no different from the usual one, except for the phrase "absentee decision", and the mention that the plaintiff was not against such a form of verdict.

Terms of delivery

The absentee decision is made only in certain cases:

The plaintiff himself agreed to a similar form of verdict. About what it threatens him, we'll talk a little later.
The defendant is not present at the meeting, although he was duly warned about the place and time.
The disputes in question should be civil in nature and be based on a statement of claim. That is, decisions on criminal and administrative cases can not be made in absentia.

In which case the absent decision is not made

There are certain cases when the absentee court decision can not be rendered:

There are several defendants in the case, and at least one of them appeared in the courtroom.
The plaintiff is against such a form of consideration of the case.
Claims have been amended.

Pros and cons of the plaintiff in making an absent judgment

We have already noted above that an absentee court decision is taken when the plaintiff is not against such a consideration of cases. But what are the benefits of it?

The most important thing is the rapid decision-making in hisbenefit. This form assumes that evidence will be presented only by the plaintiff. No arguments or objections from the defendant will follow. As a rule, such decisions are taken immediately, during the first meeting, the claims are satisfied in full.

In addition to the pluses, there are obvious shortcomings for the plaintiff:

An absentee court decision may be quashed even after all the legal time limits for appeal.
Respondent with a competent strategy can delay all processes.
The legal force of the court's absent judgment comes later than in the case of the full-time case.

Entry into force: Myths and Reality

Some citizens misinterpret laws. Hence the myth of when the described solutions come into force. According to the Civil Procedure Code, the verdict is final, when 30 days have elapsed from the filing of the annulment of the decision in absentia. But these actions need to be done only after receiving a civil "verdict" in their hands.

This interpretation suggests that, by fleeing fromofficial notification, you can defer entry into its validity at any time. But this theory is broken about the steadfastness of bailiffs who block bank accounts and arrest property.

In fact, a decision in absentia comes into forceafter the final terms for filing an appeal, that is after 37 days. Seven is given for the abolition of the absentee decision, 30 for an appeal after this deadline. If the debtor still tried to appoint a full-time court session, then in this case 30 days for filing an appeal will begin with the refusal to cancel the absentee decision.

Cancellation Policy

The cancellation of the absentee court decision takes place through the authority that passed the verdict. There may be certain grounds for this:

A good reason for non-attendance: business trip, illness, moving, change of residence, etc.
Evidence and circumstances, upon presentation of which the verdict may be different: references, receipts, indicators of witnesses, etc.

Before canceling the decision, the court will consider all the arguments - whether it is necessary at all to make a new procedural action, or it is pointless and you can leave everything unchanged.

Therefore, before attempting to cancel, it is necessary to consult how best to do this.

Example of cancellation

After receiving the application by the court, within ten days there should be a cancellation of the absentee court decision. The sample of filing to the court will look like this:

In the production of "Our" district court "our"edge is the case on the suit Petrova P. P. to Ivanov II on the reimbursement of five (five) thousand rubles. On December 31, 2015, the court ruled in absentia on the return of five thousand rubles to Petrov P. P., the payment of fines and penalties of five hundred rubles, as well as the payment of a state fee of fifteen rubles. The decision was sent to me at the address: Novosibirsk, ul. Street 1. Failure to appear in court is caused by my business trip to Sakhalin, in confirmation of this I provide a copy of the order from my work, as well as airline tickets confirming my being there. In order to pass a lawful decision, the court will present the facts in a refutation of the plaintiff's claim. Namely: receipt in receipt of Petrov P. P. the necessary amount of debt. In accordance with Art. Art. 237, 242 of the Civil Procedural Code of the Russian Federation. Please: Cancel the absentee judgment of December 31, 2015 on Petrov P. P.'s suit and resume the consideration of the case on the merits. Application:

Ticket for the plane - flight Novosibirsk - Vladivostok.
Receipt in receipt of the necessary amount of debt by Petrov P. P..

Appeal against the absent judgment

If the court does not satisfy the application for cancellation, then it will be necessary to seek justice in the appeal.

Appeal against a court decision in absentia is necessaryto exercise through the first instance. The main mistake of people defending their rights without the participation of professional lawyers is that they submit a complaint directly to the appellate instances. Of course, according to the civil procedure, they are refused, and the deadline for re-submission is limited to thirty days.

To file an appeal against a decision in absentiaa court is needed through the receiving authority. For example, the district court of the city passed a verdict. Appeal must be submitted to the Judicial Collegium of the Regional Court. The complaint must be sent to the same district court. He himself will send all the necessary materials to the regional one.

If the court refused to overturn the court's absent judgment,then it should not be challenged in an appeal. It just does not make sense. If the defendant has something to show as evidence that will change the situation in his favor, it is better to refer them to an appeal, and there to fight for their rights.

Missed deadlines for filing, what should I do?

Very often when making an absent judgmentcitizens miss all terms for appeals. This is due to the fact that they learn about such decisions only from bailiffs, during actions on the writ of execution.

The Supreme Court of the Russian Federation ruled that respectThe reason for the pass does not cancel the decision itself. It is necessary to write the relevant petitions on the restoration of the missed procedural deadlines for filing an application to cancel the absentee decision.

the court rendered a judgment in absentia

I'll have to write two statements simultaneously in onecourt. One - to restore the timing of the filing, the other - the process itself, for which the first was written. You can combine them into one general, but you must specify both in the request.

Then there are two completely different judicialactions. One of them is the restoration of deadlines. If it is not satisfied, you can forget about absentee decisions and, through a private complaint, try to get the right to file. If the time is restored, and the verdict is not canceled, then you will have to appeal. But for this, it is also necessary to restore the deadline for the filing of a new procedural action. Again in the court of first instance it is necessary to bring two different statements. The first is an appeal, the second is the restoration of a missed procedural deadline for filing. Without these procedures, courts are not allowed to review cases.