Cancellation of the court order
Writ production has advantages in terms of saving time and money, which is of great importance in debt collection, but, unfortunately, it also has disadvantages as the possibility of revoking a court order.
According to Part 1 of Article 142 of the CPC, according to which a judge cancels a court order if the debtor objects to the stated claim within the prescribed period, or if another person, whose rights and obligations are affected by the court order, submits a statement about the inconsistency of the court order with the requirements of the law.
For example: by a ruling dated January 26, 2015, based on the application of Bank Center Credit JSC, the court order of the Pavlodar City Court dated February 14, 2013 on the recovery of unpaid wages from Center for Window Technologies LLP in favor of P.A.A. was canceled.
Canceling the order, the court reasoned that according to paragraph 16 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated 03/20/2003 No. 2 "On the application by courts of certain norms of civil procedure legislation", regardless of the content of the objection, the judge is obliged to make a ruling on the cancellation of the court order.
By another judge of the same court, by a ruling dated March 27, 2015, the application of Bank Center Credit JSC to cancel the court order of the Pavlodar City Court dated September 15, 2014 to recover wage arrears from IP F.V.A. in favor of U.I.A. was refused.
The refusal to cancel the court order is motivated by the judge by the fact that the applicant has not provided documentary evidence that the debtor is absent, has not provided specific, substantiated arguments that he has a legitimate right to apply to the court for the cancellation of the court order, which, in his opinion, affects his legitimate interests.
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