— Knowing the Law May Save a Life —

How disputes are solved

If the judicial act entered into force, the objection to the court order is not filed. The debtor missed the deadline for filing the objections, and the judge refused to regard the reasons for the omission as valid. In this case, the court order will take effect. If the debtor does not agree with the order, you need to prepare a cassation appeal. The complaint must contain compelling reasons for the appeal. In order for the case to be referred to cassation, it is necessary to confirm the violation by the magistrate in the complaint: procedural norms, material norms. The complaint is directed to the presidium of the regional or equivalent court through the first instance. First, the appeal will be considered by a judge of the regional court (or an equal to him). The judge will refer the complaint and the case to the collegium if he considers the debtor’s arguments justified. (Otherwise, the judge will issue a refusal ruling, which cannot be appealed). The board will consider the appeal without calling the parties, but if necessary, it can hear the claimant and the debtor. At the stage of cassation, it is more difficult to protect the interests of the debtor than before the entry into force of the order. Therefore, it is better to try to have time to go to court in a timely manner. A sample objection to a court order will help you prepare.