Appeal to the economic court. Order production

Appeal to the economic court. Custom production

Your company has manufactured and delivered products to Cactus.

Your company has completely fulfilled its part of the contract.

Your counterparty did not fulfill its contractual obligations and did not pay for the received goods.

The company must go to the economic court, with a claim for recovery of debt from an opponent.

It is necessary to prepare a lawsuit, wait a couple of months until the court considers it. And the money is needed now.

What is the alternative? Given the latest legislative innovations in the business process - there are such alternatives.

The economic court may consider your monetary claims not in the order of the claim, but of the writ proceedings.

What is a writ?

  1. According to the results of this production, a court order is issued, which is also a decision of the court, only its particular form.
  2. The person who owns the right to claim money can apply for the issuance of such an order.
  3. The applicant and the debtor in this proceedings may be legal entities and FOPs.

Speaking in a simple way, this is claim proceedings, but vice versa. In the lawsuit you file a lawsuit, the court listens to you, your opponent, then makes a decision, which is subject to appeal by the dissatisfied party. In the court proceedings, the court considers your claims and if you have not violated any formalities, it issues an order. If the debtor does not agree with the order, he signals this to the court, which is obliged to cancel his order.

What criteria should the money requirement meet?

  1. • Based on a contract concluded in writing (including electronic) form.
  2. • The amount of the claim does not exceed one hundred times the subsistence minimum for able-bodied persons (for 2018 it is set in Ukraine in the amount of UAH 1921).

How to write an application to the court?

The statement must specify:

  • • exact name of the economic court;
  • • the full name of the company of the debtor, its location, including the zip code, EDRPOU code, numbers of communication means, official email and email addresses, if known;
  • • The same is true of your company;
  • • Name and place of residence of the representative if the application is submitted by him;
  • • the claimant’s requirements listing the circumstances on which they are based.

What should be attached to the application?

The following documents are attached to the application:

  • • evidence of payment of state duty;
  • • authority of the representative - if the statement is signed by him;
  • • a copy of the contract for which a debt collection claim is made;
  • • other evidence confirming the circumstances by which you substantiate your claims.

So, the statement is written, the application package is formed, and the court accepted it for consideration.

How fast is the application being reviewed?

Superfast! Not later than five days from the moment of his entering the court. At the same time, the consideration is held without a meeting, without notice and participation of the parties.

The result of the application is the issuance of the order. Two features are interesting here:

  1. Consideration of your requirements in fact, as well as their validity does not occur. Moreover, the court is obliged to indicate this information in the text of the order.
  2. The order cannot be filed with the appeal, but it can be canceled based on the debtor’s subsequent statement.

Thus, it turns out a curious situation in which your debtor already owes you not only under the contract, but in fact, already by a court decision, but still does not know anything about it.

When will he be pleased with such results of the trial? When and how will the debtor get the order? This procedure is regulated by law.

The court sends the order to your debtor at its official email address, or by registered letter with acknowledgment of receipt or a valuable letter with an attachment list, no later than the day after the order is issued, if he does not have an official email.

At the same time with a copy of the order, the court sends him a copy of your application, including its annexes.

The day when your opponent receives an order is the day of his delivery, which coincides with the day of his signature in the notification of the delivery of the letter.

How does your debtor have the right to respond to an order if it is upset by the content of the order?

He has the right, within fifteen days from the date of receipt of a copy of the order and its annexes, in writing to file an application for its cancellation to the court that issued the order.

At the same time, the content of such a statement is similar to the content of the application for issuing an order.

What should the court do when it receives an application from the debtor to cancel the order?

The court in this case, there are two options:

  1. If the application is filed after fifteen days from the date of receipt of the copy of the order, and the debtor could not justify the validity of missing this period, the court returns the application to your opponent.
  2. If the court has no reason to return the application of your opponent, it makes a decision to cancel the order, which explains to you the right to go to court with the same requirements in a simplified lawsuit procedure. In the decision to cancel the order, the court, at the request of the debtor, decides on the question of a reversal of the execution of the court order, if it is fully or partially executed.

What happens if your debtor did not respond by receiving the order and did not write anything to the court?

If the court does not receive an application from the debtor to cancel the court order within five days after the expiration of the term for its filing, the court order becomes valid.

The court within five days from the date the court order enters into force sends a copy (text) to your address.

This is actually a brief and complete procedure.

On the one hand it is tempting. There are the necessary documents - you are preparing a statement, and the court, having considered it on formal grounds, is obliged to issue an order.

On the one hand, it is convenient, but on the other hand, it is beneficial: the court, after all, is the moment to formally consider and issue an order on disputed documents. And then the debtor can “oversleep” this order, that is, to receive and not to submit an angry statement to the court in time.

And from the third party - how to look. After all, if the debtor responded in writing to the order - the court, for the same formal reasons, is obliged to cancel it. Regardless of whether the disputed documents confirming the debt or not.

Do you doubt your ability?

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