Cancellation of court order

A court order is a simplified form of a decision issued by a court based on a creditor’s application in the order of injunction proceedings in accordance with the Civil Procedure Code of Ukraine. A court order may be issued if exceptional claims are made, in particular:

1. collection of unpaid wages;
2. compensation for arrears for housing and communal services;
3. awarding child support in the appropriate amount;
4. refund of the cost of poor-quality goods, etc.

There are often cases when the debtor, in respect of whom the relevant order has been issued, wishes to appeal it in the manner prescribed by law. In the article below, we will examine the main issues of this topic in more detail.

What are the grounds for canceling a court order?

An appeal against an order is possible if there are weighty and justified grounds, in particular when it comes to:

1. incorrect calculation of the amount of debt (may concern both the principal amount of the debt and accrued fines, penalties, inflation index);
2. the debtor’s lack of obligation to pay for specific housing and communal services (if the debtor is not the owner of the property for which the debt is accrued, or did not live in the relevant housing during the period of the debt, and in other cases);
3. legitimate grounds to consider the applicant’s claims unfounded (in particular, when they are based on unreliable facts or incorrect application of the current law);
4. failure by the court itself to comply with the norms of procedural law (for example, the claims are not subject to consideration in the order of injunctive proceedings).

Depending on the specific case and circumstances, there may be other weighty grounds. For a thorough analysis of your situation and certainty in the possibility of initiating the appropriate procedure, we recommend that you seek advice from a lawyer at “Prikhodko and Partners”.

What is the procedure for canceling a court order?

Application for cancellation of a court order

The procedure for canceling a court order begins with the debtor submitting an application to the court, the main requirements for which are specified in Article 170 of the Civil Procedure Code of Ukraine. Such a document is submitted to the court in writing and must necessarily contain information about:

• the name of the court that issued the relevant order;
• the identity of the debtor (required – full name, location, means of electronic communication) or representative (a power of attorney or a contract for the provision of legal assistance is also attached to confirm the authority);
• the court order that is being contested (number, date of issue);
• the unfoundedness of the collector’s claims with a statement of the relevant arguments and justifications.

The application must also include a receipt for payment of the court fee, a request for renewal of the missed deadline for submitting the relevant application (if necessary).

Term for initiating the procedure for annulling a court order

It is necessary to appeal a court order on the grounds specified above without delay, since it enters into force fifteen days after the debtor receives a copy of it. After this period, no application shall be submitted, except for valid reasons for missing the deadline.

Grounds for refusal to consider the application

The court may refuse to appeal a court order in the following cases:

• first, the application was filed after the expiration of the established period and the debtor did not file a petition for renewal with confirmation of the validity of the reasons for the omission;
• secondly, the application was improperly completed (the necessary information is missing, there is no signature of the debtor or his representative, mandatory documents are not attached);
• thirdly, the application was filed by a person who is obliged to register an electronic account in the Unified Judicial Information and Telecommunications System (UEITS), but did not do so.

Why should you contact the lawyer “Prikhodko & Partners” in cases of annulment of a court order?

Contacting a lawyer in cases of annulment of a court order is a good decision for many reasons. A qualified lawyer has experience and deep knowledge in the field of law, in particular in matters related to injunctive proceedings, is well versed in all the nuances of the legislation and current judicial practice. This will help in formulating an effective defense strategy in the shortest possible time. Also, the lawyer “Prikhodko & Partners” uses an individual approach to resolving each specific issue, which involves the following steps:

• a thorough analysis of the situation;
• qualified preparation of the application and its submission through the ESITS system;
• assistance in collecting and correctly processing the evidence base;
• representation of the client’s interests in court;
• advisory support at all stages of the case.

Additionally, challenging a court order on your own can be a complicated process, and hiring qualified attorneys will save you time and effort by leaving legal matters to professionals. It will also significantly increase your chances of protecting your rights and interests.

Given the tight deadlines for canceling a court order, timely contact with a lawyer is the key to effective protection. Prikhodko & Partners Law Firm will provide you with a professional to prepare documents for court in the shortest possible time. To find out the cost of a lawyer’s support, fill out the form below.