The court order is nothing more than as a court order issued by a single judge, which is the basis for the recovery of financial indebtedness, as well as for the recovery of the debtor's movable property.
court order is to be executed in the proper order of execution of court rulings.A feature called writ no need for an oral hearing at the hearing of explanations and, consequently, of the proceeding.
in writ proceedings the parties do not act the defendant and the plaintiff, as is customary in adversary proceedings, and the debtor - the person with whom you want to debt collection, and he lender or creditor who lodged an application to the court.Cases involving the collection of financial debts, as a rule, are in production at the magistrates who act alone.There are a number of circumstances in which a court order makes the single judge of the district court, these include:
· Withdrawal magistrate.
· No possibility to transfer the case to another magistrate.
· Lack of justices of the peace in the region and other conditions provided for by law.
court order shall be made on the basis of the documents submitted by the collector.The procedure for issuance of the order called writ of production.
court order excludes the presence of certain debates and difficulties, so it can also be easily undone.Order, or rather a copy is sent to the debtor, which appears the right to appeal a court order within ten days.
Cancel writ
cancel the order imposed by the judge, it is governed by Code of Civil Procedure, art.129. The reason for the cancellation is the objection from the debtor, arrived within 10 days from the date of issuance.Vzyskatelja court gives an explanation of what is now the stated requirement can be re-charged, but as action proceedings.Copies of the decision to cancel the order is sent to both parties within three days after the issuance.
So, if the debtor does not agree with the requirements of the court order, he could easily cancel it within the prescribed period.As for the term, it is necessary to correctly understand the meaning assigned by law 10 days.The fact that the existence of a court order is necessary to inform the debtor in an official manner, namely, the post comes a registered letter, to obtain that person must sign.Ten days countdown starts only from the moment of signing the notice of receipt of a copy of a court order.Normal letter in the mailbox is not a notification for the simple reason that he could just steal and mistakenly put in another box that requires your complete ignorance of a court order.This debtor has the right to cancel the order, even after a year.
What to do if you receive a notice about the court order?The first step is to save the envelope with the stamp of the post office, which indicates the date of its receipt.In the time allotted by law to work hard to make objection to its disagreement with the court order.The objection can be sent in 2 ways: alone bring to court or send by registered mail, be sure to notice.In no case can not use the simple administration, the court may not receive the letter, and respond to the court for no particular reason.
Making these simple manipulations, you can cancel a court order.When specifying the reasons for the objection is not necessary to paint the detail all of your position, you need to briefly point out the need to provide documentary evidence by the lender of the amounts claimed penalties, fines and penalties.
