Court Order: For Which Debts You Can Obtain a Court Decision Without a Hearing
A court order is a special form of court decision issued in the order of summary proceedings based on the consideration of claims defined by law. Unlike the lawsuit procedure, this process is simplified: the case is considered without a court hearing, without summoning the applicant and the debtor, and without hearing their explanations, explained the press service of the Kherson Court of Appeal.
According to Article 160 of the Civil Procedure Code of Ukraine, a court order is issued based on the consideration of claims specified in Article 161 of the Civil Procedure Code of Ukraine and is subject to enforcement according to the rules established for the execution of court decisions. That is, it simultaneously serves as a court decision and an enforcement document.
Summary proceedings are applied in cases where the claim is documented and belongs to the list directly defined by law. In particular, this concerns the collection of accrued but unpaid wages; alimony; debts for housing and communal services, telecommunications services, television and radio broadcasting services; compensation for expenses for locating the debtor, child, or vehicle; return of the cost of goods of inadequate quality; and other claims provided for in Article 161 of the Civil Procedure Code of Ukraine.
An application for issuing a court order is submitted to the court of first instance according to jurisdiction rules. The court verifies its compliance with the requirements of the Civil Procedure Code of Ukraine and the presence of documents confirming the declared claim. Based on the review, the court decides to issue a court order or to refuse its issuance.
A court order is not subject to appeal. At the same time, the debtor has the right to submit to the court that issued it an application for cancellation within 15 days from the day of receiving a copy of the order and attached documents. This rule does not apply to certain categories of orders, in particular regarding the collection of alimony provided for in paragraphs 4 and 5 of part one of Article 161 of the Civil Procedure Code of Ukraine.
If the court order is canceled, the applicant may apply to the court with the same claims in the order of lawsuit proceedings. Thus, summary proceedings are intended for quick judicial protection in cases where the claim is defined and supported by evidence, and not for resolving complex disputes between parties.
Claims for Which a Court Order May Be Issued
According to Article 161 of the Civil Procedure Code of Ukraine, a court order may be issued only in cases defined by law:
- Labor claims — for the collection of accrued but unpaid wages and average earnings for the period of delayed payment.
- Claims for compensation of search expenses — for the defendant, debtor, child, or debtor's vehicles.
- Alimony claims — for the collection of alimony in a specified amount, if they are not related to establishing or disputing paternity or maternity and do not require the involvement of other interested persons.
- Claims for the collection of debts for housing and communal services — including inflation indexation and 3% annual interest if such charges are provided by law.
- Claims for the collection of debts for telecommunications services, television, and radio broadcasting services.
- Claims for the return of the cost of goods of inadequate quality — provided there is a court decision that has entered into legal force regarding the fact of sale of such goods.
- Certain contractual monetary claims — if they are based on a written contract, filed against a legal entity or individual entrepreneur, and do not exceed 100 times the subsistence minimum for able-bodied persons.
Thus, a court order is a tool for simplified and prompt judicial protection in civil proceedings. Its advantages are speed of consideration, absence of a court hearing, and the possibility of subsequent enforcement. At the same time, if there is a dispute over the right, such claims are considered in lawsuit proceedings.
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