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Publication date: 15.05.2024
UNEXPECTED COURT DECISION.
WHAT SHALL I DO?
In a quiet room, where the time is counted only by the click of an old clock, the knocking of the mailbox is heard. The letter that arrived carries the weight of surprise - a court decision that can change everything.
When justice knocks unexpectedly?
Sometimes life offers scenarios that even the best playwrights could not foresee. A court decision can come like a thunderbolt out of the blue, when a person does not even know about the existence of court proceedings. This can happen due to errors in the postal system, an incorrect address, or when documents are served to the wrong person.
The court can make a decision in absentia regarding your rights, freedoms or legal interests based on the evidence available in the case, if the following conditions exist simultaneously:
1) If you, as the defendant in the case, have been properly notified of the date, time and place of the court hearing. After all, the day of service of the court summons is not only the day of service of the court summons under receipt, but also the day of placing a note in the postal message about the absence of a person at the address of the location, place of residence or stay of the person registered in accordance with the procedure established by law, if this person has not notified court of another address.
2) You, as the defendant, did not appear at the court session without valid reasons or without notifying the reasons.
3) You, as the defendant, did not file a response to the statement of claim;
4) The plaintiff does not object to the decision of the case in absentia.
A lawyer is your guide in the labyrinths of the law:
A lawyer, as an experienced guide, will take responsibility for navigating the complex currents of legal procedures.He will help prepare the necessary documents, represent your interests in court and make every effort to protect your rights.
Your steps after receiving an unexpected court decision:
1. Appeal to a lawyer.
Without wasting time, contact a qualified attorney who can assess the situation and advise on the best course of action.
2. Acquaintance with case materials.
Carefully review all documents related to the judgment to understand the basis and reasons for the judgment.
3. Preparation of documents for appeal.
The lawyer will determine what evidence is necessary to initiate the application for review of the default judgment and what evidence and arguments are required to challenge the court decision on the merits of the dispute. It will help to collect all the necessary evidence and documents that can help you in the case.
4. Submission of an application for review of a decision in absentia.
An application for review of a decision in absentia can be submitted within thirty days from the date of the announcement of the decision, or within twenty days from the date of delivery of the full court decision in absentia.
The application for review of the decision in absentia must correspond to the form and content established by the norms of the Civil Procedure Code of Ukraine.
If the application for review of the decision in absentia is satisfied, the court cancels the decision in absentia and assigns the case to trial in the court of first instance according to the rules of legal proceedings.
If the court leaves your application for review of the decision in absentia without satisfaction, you will have the right to challenge the court decision in the appeal procedure.
5. Participation in court hearings.Be prepared to attend all court hearings to present your arguments and position in person. At your request, a lawyer can go to court ( lawyer in court ) and represent your interests without your participation.
An unexpected court decision can cause excitement and anxiety, but don't lose hope. The law and experienced lawyers are on your side. With their help, you can restore justice and protect your rights.
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 court and will participate in the court session in any city of Ukraine. Protection in court, defense in court ( lawyer for court, representative in court ) and legal proceedings with a lawyer are a guarantee of quality protection of your rights and interests.
