To cancel the correspondence decision of the court to make a statement to the courtthat issued the decision. The statement must outline the facts which could be provided by defendant and could affect the decision of the court in that case, if the defendant was personally present at the hearing. You should also indicate reasons that prevented the defendant to be present at the hearing, which adopted the decision.
Support all your assertions with references to the relevant articles of the code or provisions of other regulatory legal acts. Specify how your rights have been violated. The court is obliged to respond to the statement. In the case of recognition of your argument substantiated by correspondence of the decision of the court is abolished, the proceedings will resume.
The need for cancellation of a default judgment often suggests that procedural deadlines for appeal in cassation was skipped. Therefore, together with the petition for cancellation of the decision in absentia the court must ask the court for the restoration of missed deadlines. To do this, write a letter to the judge, in whose production is the case, indicating the reasons for missed procedural deadline set by law to appeal against the decision of the court.
Remember that the court only considers valid reasons. Do not refer to facts that do not matter to the court and on the facts, not playing any role for making another decision in your case. Possibly beef up your word documents. If a subpoena is presented to you after the hearing was held, attach it to the application (on the agenda must always be the delivery date). If you were on the hospital treatment for serious illness – submit a certificate from a medical institution.
Advice 2: How to appeal a default judgment
If the defendant, notice of the hearing, did not appear in court and did not disclose a valid reason preventing him from attending the case can be reviewed without it. The court shall render the ruling on trial in absentia. The decision in this case is also considered in absentia.
The absentia is not much does not differ from ordinary proceedings, when all parties are present. The hearing takes place in a General manner, examines the evidence presented by the persons participating in business, considered their arguments. Based on the review materials, the court makes a decision. A copy of the default judgment shall be sent to the Respondent by mail with acknowledgment of receipt no later than three days from the date of this decision. Examine the operative part: it should include the terms and procedure provided for the filing of an application to set aside default judgment.
Don't miss the deadlines. The defendant is given seven days to apply to set aside a default judgment. The period starts from the date of delivery of copy of decision. The content of the statement is established by the CPC RF. The document must include the following information: the name of the court that made the decision, the name of the person filing the statement, the reasons for which the Respondent could not attend the court, requesting the annulment of the default judgment and the list of documents attached to the application.
Please contact the office of the court with as many copies of statements, how many of those involved in the case. State fee not have to pay. Make sure your copy has set the mark of acceptance by court of the statement. Within ten days after submission it will be considered by the court. After this will be assigned to a new session, you will be notified of the time and place of the meeting. In the new hearing the court will either cancel the default judgment, or makes a determination about refusal in satisfaction of your claim.
It is also possible to appeal a default judgment of the court of cassation. If you have not filed an application for cancelling the court decision, you are given ten days after the expiration of submission of the application to set aside a default judgment. If the application was filed, you can file the appeal within ten days after the court's determination to refuse to grant the application.
The cassation complaint must contain the name of the court to which it is addressed, the name of the Complainant, the indication of the contested judgment, the grounds on which it is appealed, and a list of documents attached to the complaint. Submit a complaint to the office of the court which rendered the default judgment, attaching receipt of payment of the fee. The number of copies of a complaint is determined by the number of persons involved in the case. The court will review your complaint and make a determination about the direction of it in the Supreme court, leaving without movement, or the refusal of acceptance and will notify you in accordance with the law.