Writ Proceedings
Legal services for representing interests in writ proceedings.
Writ proceedings are a separate type of legal proceedings carried out in civil proceedings. At the end of writ proceedings, a court order is issued, which has the force of an independent judicial decision in civil cases, the range of which is specifically defined by procedural legislation.
A limited list of cases when an application for the issuance of a court order, and not a claim, is submitted to the court under Art. 122 of the Code of Civil Procedure of the Russian Federation and chapter 29.1 of Arbitration Procedural Code. These are the so-called indisputable claims, conclusions about the legitimacy of the claims on which the court will draw from the analysis of documents.
A court order may be issued to courts of general jurisdiction in the following cases:
1) a claim is based on a notarized transaction;
2) a claim is based on a transaction made in a simple written form;
3) a claim is based on a notary's protest of the bill of non-payment, non-acceptance and undated acceptance;
4) a claim has been made for the recovery of alimony for minor children, not related to establishing paternity, contesting paternity (maternity) or the need to involve other interested parties;
5) a claim has been made for the recovery of wages accrued but not paid to the employee, vacation pay, dismissal payments and (or) other amounts accrued to the employee;
6) the territorial body of the federal executive body for ensuring the established procedure for the operation of courts and the execution of judicial acts and acts of other bodies has filed a claim for the recovery of expenses incurred in connection with the search for the defendant, or the debtor, or the child;
7) a claim has been made for the recovery of accrued but not paid monetary compensation for violation by the employer of the established deadline, respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;
8) a claim has been filed for the collection of debts for payment of housing and utilities, as well as telephone services;
9) a claim has been made for the collection of mandatory payments and contributions from members of an association of homeowners or a building cooperative.
Arbitration courts issue a court order in cases in which:
1) claims arise from non-fulfillment or improper fulfillment of the contract and are based on documents submitted by the claimant establishing monetary obligations, which are recognized by the debtor, but not fulfilled if the value of the stated claims does not exceed 400 000 (four hundred thousand) rubles;
2) a claim is based on a notary's protest of a bill of non-payment, non-acceptance and non-dating of the acceptance, if the price of the stated demand does not exceed 400 000 (four hundred thousand) rubles;
3) a claim has been made for the collection of mandatory payments and sanctions, if the total amount of the amount of money to be collected does not exceed 100 000 (one hundred thousand) rubles indicated in the application.
