Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Appealing a court order
Appealing a court order, as one of the types of court decisions, makes it possible to protect your rights in a simplified manner and without unnecessary legal costs and time. As a rule, a widow’s order is issued as part of the consideration of the case in a documentary manner, without summoning the other party. However, in order for the court to issue a court order for its subsequent presentation to the debtor, it is necessary that the dispute itself meets a certain list of criteria. Below we will examine this issue in more detail.
When can a person receive a court order?
A court order may be issued to a person (debtor) in cases where a creditor (collector) applies to the court with a claim that is considered undisputed. The claims that can be applied to the court in writ proceedings must meet the conditions set out in Article 161 of the CPC of Ukraine. Therefore, an application for a court order must concern the following issues:
- recovery of accrued but unpaid wages;
- recovery of debts for payment of housing and communal services, communications and television;
- compensation for expenses related to the search for the debtor (his transport), child;
- recovery of child support;
- return of the cost of goods of inadequate quality.
In addition, such claims must be based on a written transaction and confirmed by accompanying documentation (for example, bank receipts). It is also important when submitting an application for a court order to check whether the monetary claim corresponds to the amount for which injunctive or summary proceedings are permitted. For detailed information, please contact our lawyer for advice.
The possibility of canceling a court order: what does the law say about it?
In order to properly ensure a person’s rights to appeal (cancel) a court order, the current Code of Civil Procedure of Ukraine provides for the following procedure for the court:
- first, the court duly notifies the debtor of the issuance of the order by means of communication;
- second, the court no later than the next day after the document is issued sends its copy to the debtor (necessarily by registered letter with notification of delivery).
Important to know! The term for appealing this type of court decision is quite short – only fifteen days from the date of delivery of its copy. However, if the debtor proves the existence of a dispute between him and the creditor, it will be possible to transfer the consideration of the case to simplified claim proceedings, where the terms are somewhat longer.
How to properly prepare an application for cancellation of a court order?
Such an application is the only way to stop the forced execution of a court order without a full consideration of the case. It must be drawn up in accordance with the requirements of Article 171 of the Code of Civil Procedure of Ukraine and contain the following information:
- name of the court to which it is filed;
- identification of the parties (debtor and creditor);
- details of the order;
- reference to circumstances indicating the complete or partial unfoundedness of the claims;
- legal justification for the existence of a dispute (if necessary);
- reference to evidence with which the debtor justifies his objections;
- list of attached documents.
As already noted above, the debtor has only two weeks to prepare his response. At the same time, the law provides for cases when he may extend this period. This is possible primarily when a person proves that the court order was improperly sent to him (the debtor did not receive a copy of the court order by mail in the form of a registered letter with notification of delivery).
Support for appealing a court order: what services does a commercial law lawyer provide?
Advisory support
A lawyer in such cases provides comprehensive legal assistance, the first stage of which is an introductory consultation for the client. This service is primary for determining a defense strategy and involves:
- analysis of a copy of the received court decision;
- assessment of the legal grounds for canceling the document;
- study of the legal risks of further appeal;
- formation of a clear procedure for action (from preparing an application to cancel the court order to submitting a petition to the court for renewal of procedural deadlines).
Filing an application to cancel the court order
Given his practical experience and appropriate qualifications, a business lawyer can:
- clearly indicate the unfoundedness of the collector’s claims;
- form an evidentiary base confirming the correctness of the debtor’s legal position;
- ensure proper notification of the collector’s submission of a request (to avoid unnecessary problems);
- represent the client’s interests in court (in particular, in simplified claim proceedings).
Representation of the client’s interests in a case in a lawsuit
If the debtor proves the existence of a dispute with the collector regarding the amount (or even the existence) of the relevant debt, the court must decide to transfer it to consideration in a lawsuit. In such a case, the commercial lawyer will:
- prepare a claim/response to the claim;
- take part in all court hearings;
- prepare all appropriate procedural documents to confirm the legal position of the party (statements, motions, responses, etc.).
To find out the cost of a lawyer’s services for appealing (cancelling) a court order, please fill out the form below.
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Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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