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Publication date: 09.05.2024
Obtaining and canceling a court order
Legal service "Consultant" provides legal services for obtaining a court order and its cancellation.
A court order is a special form of a court decision, which is issued on the basis of statements regarding certain claims and which has a special procedure for appeal by way of its cancellation.
Injunctive proceedings are an independent and simplified type of court proceedings in civil proceedings.
In this type of proceeding, the court decides the case of recovery of money from the debtor or claim of property without holding a court session in favor of the person who has the right to claim.
The court issues a court order based on the application of the person entitled to the claim, without summoning the debt collector and the debtor, based on the documents attached to the application.
The right to apply to the court for the issuance of a court order:
An application for the issuance of a court order can be submitted by a person who has the right to claim, as well as bodies and persons who are legally granted the right to apply to the court in the interests of other persons.
Requirements for which a court order can be issued.
A court order can be issued by the court only in the event of a claim, the list of which is clearly defined by the Civil Procedure Code of Ukraine. Such requirements are:
1. demand for recovery of the amount of wages and average earnings accrued but not paid to the employee during the delay in the calculation;
2. demand for compensation for the costs of searching for the defendant, the debtor, the child or the debtor's vehicles;
3.a demand for the collection of arrears for the payment of housing and communal services, electronic communication services, television and radio broadcasting services, taking into account the inflation index and 3 percent per annum charged by the applicant on the amount of arrears;
4. a requirement to collect alimony in the amount of one quarter for one child, one third for two children, half of the earnings (income) of the payer of alimony for three or more children, but no more than ten subsistence minimums per child of the appropriate age for each child, if this requirement is not related to establishing or disputing paternity (maternity) and the need to involve other interested parties;
5. a requirement to collect alimony for a child in a fixed amount of 50 percent of the subsistence minimum for a child of the appropriate age, if this requirement is not related to establishing or disputing paternity (maternity) and the need to involve other interested parties;
6. demand for the return of the cost of goods of inadequate quality, if there is a court decision, which has entered into force, establishing the fact of the sale of goods of inadequate quality, passed in favor of an unspecified circle of consumers;
7. demand to a legal entity or a natural person - an entrepreneur for debt recovery under a contract (other than the provision of housing and communal services, electronic communication services, television and radio broadcasting services) concluded in written (including electronic) form, if the amount requirements do not exceed one hundred amounts of the subsistence minimum for able-bodied persons.The order of injunctive proceedings:
An application for the issuance of a court order is submitted to the court of first instance according to the general rules of jurisdiction established by the Civil Procedure Code of Ukraine.
The form and content of the application for the issuance of a court order must meet the requirements established by the norms of the Code.
The court issues a court order on the merits of the stated claims without holding a court session and summoning the debt collector and the debtor.
The court will refuse to issue a court order if the statute of limitations has expired from the moment the right of claim arises.
Also, the court will refuse to issue a court order if the court failed to establish the place of residence (residence) of the natural person - the debtor, registered in accordance with the procedure established by law.
The court order is not subject to appeal in the appellate procedure, but may be canceled in the manner prescribed by the Code.
Cancellation of court order
Within fifteen days from the date of delivery of the court order to the debtor, the debtor has the right to submit an application for cancellation of the court order.
Legal service "Consultant", in the case of complete or partial unfoundedness of the debt collector's demands, will ensure the cancellation of the court order by submitting an appropriate application.
If you have specific questions or need legal assistance, I recommend that you seek legal advice.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of the situation, will ensure the representation of interests in state authorities or the court, will take part in a court hearing in any city of Ukraine. By contacting us, you can get a legal opinion on your case. A lawyer's oral consultation or written consultation will provide an answer about the possibility or not of the possibility of achieving a positive result in your case.
