A sample application for restoring a missed period. Does it make sense to file?
Unfortunately, modern judicial practiceshows that our citizens learn about the court not from the summons ordering to appear at the meeting, but from representatives of the Bailiff Service. And it's good that they try to contact the debtor in advance, warn them. Often people are presented with "surprises" in the form of blocking a bank account, seizing property, seizing things, detaining them on the border.
Argument in the format "I did not know anything, but,it means it's illegal "does not work. The decision of the court and, as a consequence, the enforcement proceedings, are taken, regardless of whether the judicial correspondence has reached the defendant or not. What to do in this situation? After all, often the defendants learn about the decisions, when all possible terms of appeal ended. The only way out is to write an appropriate request for an extension of the deadline. Next, we will tell you whether this is realistic, and also provide a sample application for restoring the missed deadline. But first things first.
"I did not know about the court, why the decision was made?"
Citizens, who for the first time act in a roledefendant in certain cases of property nature, do not understand why a decision is made without their consent. Of course, their ignorance is a good reason for not appearing in court. However, this is not an excuse to postpone the decision. The logic is simple: the court in the civil process takes into account the interests of the plaintiff. As a rule, it is advantageous for the defendant to delay the process. Therefore, the adoption of a procedural rule, in which without a defendant will be prohibited from making a decision, will lead to the collapse of many processes. Debtors, alimony, etc., will be "lost" for many years, and the courts will be postponed for decades. In order to be able to assert their rights in the absence of knowledge of the trials, it is envisaged that the procedural deadlines will be restored. How to write a similar request, we will analyze further.
A sample application for restoring a missed period
Certain requirements and rules when draftingthere is no petition. If you are not a lawyer, do not think that only he can write competently. Of course, we are for the professional help provided by professionals, but such a statement can be made independently. A sample application for restoring a missed period may look something like this: "In the Volgodonsky District Court of the Volgograd Region (names, characters, numeration was invented) civil case No. 780/16 of 10.10.2015 was held on the claim of OJSC Bank" Creditor "to Ivanov S. FROM.
The court decided: terminate the loan agreement between me and OJSC Bank "Creditor", recover the amount of the principal debt - 89,093.09 rubles, the interest for using the loan - 39,909.40 rubles, the penalty fee - 9,000.33 rubles, and the state duty - 4,897 , 33 rubles.
I knew about the time of the court hearing, howeverI believe that I have a valid reason. 08.10.2015 year I suffered a stroke. As a result, was in intensive care and could not be present in court. I was discharged only on 15.11.2015, in connection with this I missed the deadline for filing an appeal. Together with this petition, I am lodged with an appeal.
Based on the foregoing, in accordance with Art. Art. 205, 112 of the Code of Civil Procedure of the Russian Federation, I ask:
- Satisfy this request for an extension of the term.
- Accept the appeal and consider it on the merits.
- Copy of the passport.
- A copy of the application for the number of interested parties.
- References and a copy of medical history from medical institutions.
A sample application for the restoration of a missedterm can be written in a different way. The main thing is that it must contain information about the decision of the first instance, the reasons that will allow to restore the deadline for submission, please. At the bottom of the attachment, you need to specify the necessary documents and evidence.
A petition is filed with the complaint
Remember that together with the application for renewala complaint must be filed, for which it is necessary to restore procedural deadlines. This is due to the fact that such a request is considered together with it. That is, the petition is first considered, and if the court satisfies it, the main complaint will be considered.
The reasons for the restoration of procedural deadlines are possible, several:
- business trip, working move;
- other reason recognized by the court as respectful.
The Law does not have any restrictive framework. Any reason that the court deems valid will be the basis for extending the time limit for filing an appeal against a decision. As a rule, if the defendant did not know about the court, there is no personal signature on the postal counter about accepting the judicial correspondence, such a case is considered valid courts.
What does illiteracy mean?
Illiteracy is understood not as a lack of experience in legal proceedings and legal knowledge, but elementary inability to write, read, count, etc.There are few such individuals today, but they are encountered. Many such cases are observed among representatives of small nations.
Term for consideration of the application
Exact deadlines, according to the CCP RF, for considerationThere are no applications for restoring the possibility of appeal. The court within ten days after filing acquaints itself with the request and decides on the time and place of the meeting for its consideration.
This is due to the fact that courts are often veryare loaded. Therefore, it is impossible to determine the strict framework. The Supreme Court ruling on restoring the missed procedural deadlines does not contain information on how long they should be considered. Therefore, everything is given at the discretion of the first instance.