Loan Court passed without me - what to do?

Thus, the trial of the loan passed without your participation. Most likely, of the decision, you will learn in a few months, when you will be contacted by the bailiff to demand money. Is it possible to reverse the decision if the court has passed without you? Yes, the law provides such an opportunity, but in contrast to the usual judicial process requires more complex steps, and you will have virtually no margin for error. If you properly prepare a document or file a they are not in the instance, or skip designated law terms - to rectify the situation after that even an expert can not.

In order not to miss this opportunity, the best solution - immediately contact the credit lawyer. Believe me, at this point really requires the involvement of a professional who is familiar not only with the letter of the law, but also established practice in your area. At a minimum, you need to consult a lawyer on the phone, but it is better to come to a personal welcome. If for some reason you decide to act on its own, you need to perform these steps.

01. The first thing to learn from the bailiff's name and address of the court, which deals with your business, as well as the number of the case. If the court about the last you have learned from another source (for example, you were sent by mail solution), it is necessary to find out the same information - the name of the court and the case number.

02. Then you need to come to court and ask for the case file for review; better pre-call to the office, to clarify the visiting hours and other details. Having received the case, you need to take pictures of all his sheets, so you can study them at home in a relaxed atmosphere (or later pass a lawyer).

03. In studying the case materials necessary to pay attention to the name of the final document of the trial - "default judgment" or simply a "solution". The judge may use any of the two procedures, and if you're not a lawyer, then the difference can only be set on the title of the document. Depending on whether there is the word "correspondence" in the title of this document, you will need to take a completely different steps.

04. If the decision is referred to as "correspondence", then you need to apply to the Court of First Instance an application for default judgment set aside. This statement should not just ask for the cancellation, but also list specific reasons why you do not agree with the decision. If the court satisfies this statement to begin a second trial on the loan, but with your participation.

05. If the word "correspondence" in the original decision is no, then you need to use another procedure - appellate review. In this case, you have to apply to a higher level - the Court of Appeal. An appeal will only take one meeting, and immediately makes a determination - to leave the previous decision in force, or reduce the amount of payment.

It should be understood that at each step there are many nuances and to understand all the details can only be a professional lawyer. For example, if missed deadline of a document, in some cases this problem is fatal, and in others - missed deadline can without difficulty to recover. In order to properly prepare the documents, in addition to the letter of the law is necessary to know the current practice.

Many nuances are different in different regions of Russia, so it is important not to rely on general recommendations on the internet and talk to a lawyer practicing in your city. Specialized professionals can provide information not only about the peculiarities of the region as a whole, but even of each district court. If you are in Moscow or the Moscow region, you can ask us for telephone advice, but the most effective option - it is, of course, come to the personal reception of a credit lawyer.

No comments:

Post a Comment