Debt collection from the owners of the premises for the maintenance of the common property of the condominium facility
Writ proceedings are expedited proceedings in civil cases with indisputable requirements. The task of writ proceedings is to protect violated rights in a timely manner through a simplified application review procedure.
Features and difference of writ proceedings from claim proceedings:
- preparation for the consideration of the case is not being carried out, the court session is not being held, the minutes of court sessions are not kept;
- a limited range of requirements in respect of which writ proceedings are permissible (Article 140 of the CPC);
- a court order on the merits of the stated claim is issued by a judge within three working days from the date of receipt of the application to the court, the extension of the time limit for issuing a court order is not provided for by law.;
- the writ proceedings do not provide for the possibility of termination or suspension of proceedings in the case;
- a court order has the force of an executive document;
- the parties in the writ proceedings are the recoverer and the debtor, not the plaintiff and the defendant
- the court order that ends the writ proceedings is not subject to appeal, appeal in appeal, cassation, or supervisory review.
In accordance with part 2 of Article 147 of the CPC, the debtor has the right, within ten days from the date of receipt of a copy of the court order, to send objections to the stated claim to the court that issued the order using any means of communication.
According to Article 148 of the CPC, a judge cancels a court order if the debtor objects to the stated claim within the prescribed period, which he issues a ruling on. In the ruling on the cancellation of the court order, the judge clarifies that the claimant's stated claim may be brought in the order of the claim proceedings. Copies of the ruling on the cancellation of the court order are sent to the parties no later than three days after its issuance.
The judge cancels the court order if, in the absence of the debtor, a statement is received from the person whose rights and obligations are affected by the court order, stating that the court order does not comply with the requirements of the law.
The decision to revoke the court order is not subject to appeal or appeal.
In accordance with Article 143 of the CPC, the judge refuses to accept an application for a court order on the grounds provided for in Article 153 of the CPC.
According to part 3 of Article 143 of the CPC, the decision to refuse to accept the application does not prevent the applicant from filing a claim on the same claim in the order of the claim proceedings.
A ruling on the refusal to accept an application or the return of an application for the issuance of a court order is not subject to appeal or appeal.
In accordance with Articles 143 and 153 of the CPC, the judge refuses to accept the statement of claim if:
1) the application is not subject to consideration and resolution in civil proceedings;
2) there is a court decision that has entered into legal force, issued in a dispute between the same parties, on the same subject and on the same grounds, or a court ruling on the termination of proceedings in connection with the plaintiff's rejection of the claim or on the approval of a settlement agreement between the parties or an agreement on the settlement of a dispute (conflict) through mediation;
3) there is an arbitration or arbitration court decision adopted in a dispute between the same parties, on the same subject and on the same grounds, and the court has become aware of this.
According to Article 143 of the CPC, the judge returns the application for a court order on the grounds provided for in Article 154 of the CPC.
In addition, the judge returns the statements in cases where:
1) the stated requirement is not provided for in Article 140 of this Code;
2) the debtor is outside the jurisdiction of the courts of the Republic of Kazakhstan;
3) documents confirming the stated claim have not been submitted;
4) there is a legal dispute that cannot be resolved on the basis of the submitted documents.;
5) the form and content of the application do not meet the requirements of Article 141 of this Code;
6) the application has not been paid for by the state fee.
The ruling on the return of the application for the issuance of a court order does not prevent its re-filing after the elimination of the deficiencies that served as the basis for the return.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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