Valid reasons for the failure of a defendant or plaintiff to appear in court in a civil case, liability and consequences of missing a court hearing

The most common reason for delaying the trial is the failure of persons involved in the case to appear. But what actions does the court take if the plaintiff fails to appear at the court hearing?

Persons participating in the case, including the plaintiff, are summoned to court and notified of the place and time of the court hearing. At the time appointed for the hearing of the case, the judge opens the court session, and the secretary of the court session reports to the court which of the persons summoned in the civil case has appeared, whether the persons who did not appear have been notified, and what information is available about the reasons for their absence.

In accordance with the provisions of Art. 6 of the Federal Code of Law “On the Judicial System of the Russian Federation”, calls from federal courts, magistrates and courts of the constituent entities of the Russian Federation are mandatory for all state authorities, local governments, public associations, officials, other individuals and legal entities without exception and are subject to strict execution throughout territory of the Russian Federation.

In case of failure to appear, the persons participating in the case are obliged to notify the court of the reasons for the failure to appear and provide evidence of the validity of these reasons (Part 1 of Article 167 of the Code of Civil Procedure of the Russian Federation).

If the plaintiff does not appear at the court hearing and there is no information about the notice regarding him, the hearing of the case is postponed in any case. The same applies to other participants in the process. Also, the trial of the case is postponed if the reasons for failure to appear are considered valid.

The court may also postpone the hearing of the case at the request of a person participating in the case due to the failure of his representative to appear for a valid reason.

At the same time, according to Part 3 of Art. 167 of the Code of Civil Procedure of the Russian Federation, the court has the right to consider the case in the event of the failure of any of the persons participating in the case and notified of the time and place of the court hearing, if they do not provide information about the reasons for the failure to appear or the court recognizes the reasons for their failure to appear as disrespectful.

In addition, the plaintiff has the right to ask the court to consider the case in his absence and to send him copies of the court decision.

Reasons for failure to appear in court

In cases where the summoned person does not appear at the trial, the court ascertains the reasons for the failure to appear. Such reasons can be respectful and disrespectful - they have different consequences.

At the beginning of the trial, the secretary reports to the court who appeared at the trial, how the participants in the meeting were notified and for what reasons they did not appear. After which the court determines whether these reasons are valid. Based on this, it is determined whether the person needs to be held accountable for failure to appear or whether he can be notified again.

Why it is not advisable to ignore subpoenas from court

Filing a lawsuit may be the only way to resolve the dispute, albeit forcibly. It is the party's responsibility to appear in court. The judge is obliged to inform where and when the hearing is taking place. If the plaintiff and defendant do not appear, the law provides for certain negative consequences.

If the plaintiff fails to appear for the second time in a row, the case is automatically terminated, and he will have to start all over again. If the statute of limitations has passed, this may not be possible.

Failure of a defendant to appear in court in a civil case may result in the case being resolved entirely without his participation.

Release from liability

Persons may be released from liability for failure to appear at a court hearing in two cases: with inadequate notification and if there are good reasons for failure to appear.

To find out how a person was notified of the process, the judge checks the case materials and examines the evidence of notification of the parties. Such evidence includes:

notification receipts,
information about sending a registered letter,
notification of delivery,
telephone messages and telegrams,
report on sending a message by fax,
other recorded information proving delivery of the judicial notice.

If such information is absent from the case materials, the person who failed to appear cannot be held liable for failure to appear at the trial. The court should decide whether to postpone the court hearing, since consideration of the case in the absence of the person who failed to appear may lead to a violation of his rights.

In May 2021, the Supreme Court reminded the courts that considering a case without proper notification of the parties is a gross violation of procedural law. The RF Supreme Court overturned the ruling of the court, which considered the case in the absence of the plaintiff, despite the request of his representative to postpone the hearing.

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Valid reasons for failure to appear in court

The legislator does not regulate what reasons for failure to appear are valid. Therefore, respect is determined by the courts independently, on the basis of evaluative concepts.

Mandatory attendance at the meeting

The presence of the participants in the case, especially the plaintiff and defendant, provides them with the opportunity to defend their position. The summons is sent in advance, and, therefore, the party has the opportunity to pre-notify about the impossibility of appearing on the appointed day.

If a defendant fails to appear in court in a civil case, there are two options for the development of events:

The party reports an inability to attend the trial and it is adjourned.
The party does not react in any way to the court’s call, and the case is resolved without its participation.

The failure of a defendant to appear in court in a civil case must be justified and respectful from the point of view of the court. For example, the summons arrived too late, and there was no time to take time off from work and/or seek legal assistance.

Liability provided for failure to appear of persons participating in the case

The law provides for liability in the form of a fine or monetary penalty for persons who fail to appear in court for unexcusable reasons.

But this requires the simultaneous coincidence of two circumstances:

The person failed to appear at the court hearing for an unexcused reason;
The person was duly notified of the need to appear in court.

What happens if you don't appear in court? The issue of imposing a fine or monetary penalty is considered in a court hearing, and a ruling or resolution is issued based on the result. It is worth noting that the application of such a measure of liability is the right of the court, and not its obligation.

If a witness has been fined for failure to appear at a hearing, this determination can be appealed by filing a private complaint.

Another measure used against a “truant” is a judicial summons. If a participant in the proceedings does not want to come to court on his own, then bailiffs go to his place of residence or place of work and forcibly bring this person to court.

This measure cannot be applied to children under 14 years of age, pregnant women, or persons who, for health reasons, cannot participate in a court hearing.

Witness liability

The liability of witnesses for failure to appear at a court hearing is provided for in all branches of procedural law:

Part 2 Art. 168 Code of Civil Procedure of the Russian Federation – a fine of 1000 rubles;
Part 2 Art. 157 Arbitration Procedure Code of the Russian Federation and Part 1 of Art. 119 of the Arbitration Procedure Code of the Russian Federation - a fine not exceeding 2,500 rubles.
Art. 117 of the Code of Criminal Procedure of the Russian Federation - monetary penalty not exceeding 2500 rubles
part 8 art. 51 CAS RF and Art. 122 CAS RF - a fine not exceeding 5,000 rubles.

Example from practice. When considering a criminal case, a penalty of 2,500 rubles was imposed on the witness. The witness did not agree with such a punishment because he did not appear at the court hearing for a good reason, as he was on sick leave. But the appellate court did not accept the arguments of the complaint, because the witness was repeatedly summoned to court, and during the arrest he refused to go with the bailiff. In addition, the witness did not report the reasons for his absence and did not provide medical documents confirming the validity of the reasons.

What are state and public responsibilities?

By virtue of Part 1 of Art. 170 of the Labor Code of the Russian Federation, the employer is obliged to release the employee from work while maintaining his place of work (position) for the duration of the performance of state or public duties if, in accordance with the Labor Code and other federal laws, these duties must be performed during working hours.

Two obligations of the employer in relation to such employees follow from this provision:

1) release them from work;

2) keep their place of work.

What are state and public responsibilities? The Labor Code refers to them, in particular:

participation of workers in collective negotiations, preparation of a draft collective agreement, agreement (Article 39);
consideration of labor disputes as a member of the commission (Article 171);
donating blood and its components as a donor (Article 186);
participation of members of elective collegial bodies of trade union organizations who are not exempt from work, as delegates in the work of congresses, conferences, participation in the work of elective collegial bodies of trade unions, and, if provided for by a collective agreement, also short-term trade union training (Article 374 );
participation in the resolution of a collective labor dispute by employees who are members of the conciliation commission, labor arbitrators (Article 405).

Other federal laws include such responsibilities:

carrying out and ensuring emergency rescue and other urgent work in the event of mobilization;
fulfilling the duties of a registered candidate for an elective position to be filled in a state authority or local government body;
performing the duties of a member of an election commission or referendum commission to participate in the preparation and conduct of elections, referendums;
performance of military duties, including calling to the military registration and enlistment office, medical examination, military training, etc.;
participation of teaching staff in the Unified State Examination;
participation in fire extinguishing or service (duty) by volunteer firefighters;
appearance before the bodies of inquiry, preliminary investigation, prosecutor's office, tax inspectorate or court as a witness, victim and his legal representative, expert, specialist, translator and attesting witness;
performing the duties of a jury or arbitration assessor.

Consideration of the case in case of failure of the plaintiff to appear

The court may resolve the case in the absence of the plaintiff if he asked to resolve the claim in his absence. Such situations arise when the plaintiff has a representative whom he completely trusts to conduct the case, or when the plaintiff lives in another city and cannot appear at the court hearing. An application to consider the case in the absence of the plaintiff is submitted to the court before the trial.

If the plaintiff does not appear at the trial 2 times

If the plaintiff did not ask to consider the claim without him, did not come to court twice, and the defendant does not ask to consider the case on the merits, then the judge will leave such a claim without consideration, guided by Art. 222 Code of Civil Procedure of the Russian Federation.

A ruling that leaves a claim without consideration cannot be appealed to a higher court. Such a determination can be canceled by filing an application for its cancellation with the same court. In this case, it is necessary to provide the court with evidence that confirms the valid reasons for failure to appear.

How to act as a defendant

It makes no sense to report your failure to appear in court by telephone; it is better to write a written statement outlining your circumstances. A document has meaning, unlike words, which are not recorded anywhere. Moreover, court employees deal with dozens of people every day, and someone’s call can easily be lost in the secretary’s memory. Even if the call is not forgotten, it is still considered a failure of the defendant to appear in court in a civil case without a valid reason.

And the written application must be accompanied by certificates and other documents that can confirm the validity of the absence in court.

Consequences of missing a court hearing

If someone interested in the outcome of the case misses the court hearing for an unexcused reason, the judge will decide to postpone the trial. But in case of repeated failure to appear, the court has the right to consider the case in the absence of this person. This means that the chance to defend one’s position and protect one’s rights and interests will disappear.

Consequences of missing a process in administrative proceedings

The consequences of failure to appear for persons participating in the case and their representatives are described in Article 150 of the CAS RF. If the defendant, an individual, repeatedly fails to appear at the trial, the judge can issue a summons against him and postpone the hearing. If the representative of the participant in the case does not appear at the trial again, then a fine will be imposed on him.

Article 122 of the Code of Arbitration Procedures of the Russian Federation specifies the upper limits for the amount of fines imposed on persons participating in the case. Fines for failure to appear in the process are quite high and reach 100 thousand rubles. For citizens, the maximum fine is 5 thousand rubles. The issue of imposing a court fine is resolved in a separate court hearing, as a result of which a ruling is made.

Reference. A ruling to impose a court fine can be appealed by filing a private complaint within 30 days of receiving a copy of the ruling.

Consequences of skipping a trial in a criminal trial

If the defendant, victim or witness does not appear at the trial of a criminal case, then a summons may be issued against them. Failure of a witness to appear in court in a criminal case for an unexcused reason will result in a fine of 2,500 rubles.

Consequences of the trial for the debtor after the trial

We always advise members of the NGO "GVP": - if you do not have money to pay your debts to banks - get the bank to sue you, because the consequences of the trial are not as terrible as they seem.

If you decide to have the Bank sue you, the court hearing takes place, and the decision comes into force, the next stage of debt management begins for you.

Now it doesn’t matter whether you were able to win something in the trial or not - the order of further actions is more important for you.

The order of your actions after the completion of the trial.

After the trial, the writ of execution (court decision) is sent to the bailiff service, where enforcement proceedings will be initiated against you (against the debtor). From this moment on, the Bank ceases to exist for you from the point of view of debt collection. He has no right to bother you regarding loan repayment, since you are already dealing with bailiffs. And all questions that arise in the future regarding enforcement proceedings must be resolved with the bailiff leading your case.

According to the current legislation, in enforcement proceedings, the debtor and the collector (Bank) have equivalent procedural rights, with the only difference being that the debtor is obliged to pay the debt as a party to the court decision.

According to the laws of the Russian Federation, the debtor’s lack of property or funds that can be recovered to pay the debt is not a crime! This fact should be used for your own benefit!

In order to be in an advantageous position, even before the moment of enforcement proceedings, it is necessary to withdraw all property and those funds that may be subject to collection. From the moment of receipt of the writ of execution, the bailiff has 3 days to put the court decision into effect. During this period, the enforcement service must send a resolution to initiate enforcement proceedings to both the creditor bank and the debtor.

Remember that the safety of your property assets depends entirely on the correctness and timeliness of your actions. Be prepared to meet bailiffs “penniless.”

Bailiffs

There is absolutely no need to be afraid of bailiffs . These are not collectors who play the role of “bouncers” and are ready to collect everything from you to pay off your debt, right down to gold crowns. The bailiff service belongs to the executive authorities and operates exclusively within the framework of existing legislation . We can say that these are bureaucratic officials who, in addition to yours, have thousands of similar cases on their hands that require consideration and control. But, despite being bound by the rules of the law, they also have their rights, and besides, they, too, are people, so you should under no circumstances disappoint, mess with them, or avoid meeting them.

After transferring your loan case to the bailiff , the latter will initiate enforcement proceedings. Naturally, a representative of the law will need to meet with you . under any circumstances miss this meeting or be late ! And although bailiffs are usually overwhelmed with work, they plan such conversations, adding them to their daily schedule. Being late or ignoring such an invitation can be regarded as disrespect for the bailiff himself, and as indifference to the progress of the case. And this is not at all beneficial to you, as a low-income debtor who is asking for a deferment of debt payment.

The fate of your property and salary directly depends on the impression you made on the bailiff at the first meeting!

At the first meeting you will become familiar with the contents of the writ of execution. From the mouth of the bailiff you will learn that your debt must be repaid within the next five days. Otherwise (if the deadlines are not met), you will be charged another 7% (of the debt amount) of the enforcement fee. (Often, this is the amount of penalties imposed on the debtor.)

An enforcement fee is considered a penalty that a bailiff has the right to impose on a debtor who has committed an offense. The maximum possible amount of recovery that can be imposed in the relevant resolution is not higher than the mentioned 7% of the total debt. With the right approach, you can try to reduce it.

It should be understood that the amount of the penalty must correspond to the offense committed. Therefore, a debtor whose late payment of obligations is small has the right to a reduction in the amount of the enforcement fee.

If the bailiff decided to “squeeze all the juice” out of the debtor, the latter has the right to demand a review of the amount of the enforcement fee in court . And in court, the nature of the offense, the degree of guilt of the offender, the amount of damage caused, the financial (property) situation of the debtor and other significant factors will be taken into account.

To the bailiff for the first time.

The first meeting with the bailiff, which, if things go well, may be the only one, is very important for the debtor. It is during this visit that the most difficult issues can be resolved, which in the future could cause many problems. Frankly speaking, the bailiff doesn’t need any controversial issues, much less problems. This executive service employee is interested in ensuring that the debtor does not hide from him, behaves within the framework of current legislation and humbly, despite his plight, pays off the loan little by little.

The standard picture that could be seen five to ten years ago in the bailiff’s cabin is a table, chairs, cabinets, bedside tables littered with folders, and even mountains of folders near the walls and on the windowsill. It's unlikely that anything has changed today. And this is a normal picture for executive services. Indeed, despite the fact that, according to current standards, a bailiff must consider only 25 court decisions per month, he considers about 80-100 such cases.

Remember that the motivation that encourages the bailiff to diligently do his job is practically absent. This is due to low wages and a weak regulatory framework. All this can work to your advantage.

And if the bailiff does not want to shoulder all your problems, and most often this is what happens, he himself will tell you how and what needs to be done so as not to fall into the ranks of malicious defaulters. Of course, if you really are unable to repay the debt within the 5 days allotted for this matter.

Actions of the bailiff

For anyone who is unable to repay the loan amount, as they say, here and now, the bailiff will offer to write an Undertaking to repay the debt amount within a strictly defined period. Further decision-making depends entirely on the character of the bailiff: if this person himself turns out to be kind, you can bargain for a deferment of up to six months.

For those who do not currently have a job or are working part-time, but unofficially, the bailiff will recommend registering with the City Employment Center in order to receive unemployment benefits.

How to talk to the bailiff?

Talking about how bad your life is, what a tragic financial situation you have is a MUST! You can cry for the good of the cause. Of course, if it is appropriate.

After the touching story, do not forget to ask the bailiff, looking at him with eyes full of sorrow: “Now will you describe all our property? Are we going to stay on the street?

There are not many possible answers to this question:

This is required by law! I must do this without fail.
Not yet, but we will do this without fail if you suddenly decide to violate your obligations and begin to delay paying the debt.

The bailiff will also be interested if you have property at home that should be seized. Be prepared for this and answer correctly! In your house you may have an old computer (very necessary for work), an iron, a toaster, a TV (also old) and other small household appliances. One of the large things can be called a refrigerator. He is not subject to arrest.

Don't be surprised if the bailiff asks about your relationship with your neighbors. He may simply want to record them as witnesses who were allegedly present during the inspection of your apartment. It is precisely “to want to write down”, and not to go, find and invite them to inspect your apartment in real conditions. The bailiff, who believed your words and did not want to undertake tedious trips around the city, has already drawn all the conclusions for himself. He will personally fill out a protocol for the inspection of your apartment and ask you to sign it. All! The question is closed!

There is no need to panic if the bailiff expresses a desire to come to “visit” you. As they say, “promising does not mean getting married.” With the amount of work assigned to each employee of the executive service, there is simply no time left for personal visits to each ward.

But to be on the safe side, promise the bailiff two things:

You will definitely personally bring receipts for partial payment of the debt to the inspection (thereby emphasizing that you are not going to run away from him, but on the contrary, you will do your best to facilitate his work of supervising you);
You will definitely bring and demonstrate a certificate of registration with the State Central Plant.

In addition, you have the right to file a petition with the court asking that your salary, not your property, be seized to pay the debt. In this case, according to Russian legislation, the monthly amount of penalties should not exceed 50% of the amount of your monthly income (the totality of your salary and equivalent payments). This rule also applies if the debtor has several loans (withholding comes from several writs of execution).

This application must be submitted to the same court that made the decision to collect the debt.

The recovery does not apply to the following categories of monetary amounts: compensation for damage to health; compensation for injuries sustained while on duty; funds received in connection with the loss of a breadwinner; payments related to the birth of a child and the maintenance of disabled people, pensioners, etc.

How to avoid getting caught by a bailiff?

No matter how kind the bailiff is as a person, he can also be angry. To avoid this, make it a rule to regularly pay at least small amounts of 100-200-300 rubles towards loan repayment and bring payment receipts directly to the bailiff himself.

Seizure of property

But if the situation develops in such a way that you have already missed the deadline for repaying the debt several times, and the bank begins to put pressure on the bailiff, prepare for the fact that the latter will come to visit you.

Please note that you have no right to prevent the actions of bailiffs. According to legal regulations, the door to your home (apartment/house) can be broken into, either in your presence or without you. BUT!!!

The article “On the inviolability of home” of the Constitution of the Russian Federation states that bailiffs have the right to open your home in your absence only if they have a corresponding court decision in their hands.

The bailiff who comes to you must be in official uniform with insignia and must present his official identification upon your request. Note! There must be holograms on the main pages of the ID.

Do not forget to check the availability of a writ of execution and a resolution to initiate enforcement proceedings. The seal and signature must be original, the seal impression must be clear.

If, together with the bailiff, collectors or representatives of the bank themselves decide to “infiltrate” your house, feel free to throw them out the door. Only FSSP officers and witnesses have the right to be present during the inspection of your home.

If you don’t want to allow your property to be seized, worry about them in advance. Then it will be too late!

Before the bailiffs come to your house, you must have time to:

Free your home from property that may be seized (take it to friends, to a dacha, to a rented apartment). Surely no one will look for them there;
Re-register the property to third parties under a purchase and sale or donation agreement with the preparation of a specification for it, which will describe in detail all objects of sale/donation.

What you should ALWAYS remember!

What is in your home in storage from other persons or is rented is not subject to seizure. Persistently prove that the property does not belong to you or your spouse, only to a third party, otherwise they may seize the jointly acquired property.

For all property that is still yours or not yours, prepare documents confirming ownership:

Agreement of donation, purchase and sale, gratuitous use;
Cash receipt for the goods with the buyer's last name indicated on it;
A completed warranty card, which must also contain the name of the owner of the product.

Of course, not every bailiff will take your word for it. Someone may require you to make a written statement, which will clearly state who owns the item and on what grounds you have it. Moreover, this statement must be signed by the owner of the property or be completely written in his hand. It is good if such a statement is prepared in advance and certified by a notary. This will save you from unnecessary stress and will not give the bailiff a reason to “get to the bottom” of the matter.

In order to protect yourself from the “long hands” of the executive service, all means are good: witness statements, contracts, checks, receipts. Regarding the “correct” checks, you can consult with entrepreneurs; they understand the essence of this issue well and, perhaps, will come to your aid.

REMEMBER! The earlier the date of acquisition, lease, donation on the documents relative to the start date of enforcement proceedings, the less reason the bailiffs have to doubt your honesty.

PAY ATTENTION! The value of the seized property must be comparable to the amount of the debt.

What property cannot be subject to seizure?

According to the Civil Procedure Code (Article 446), seizure cannot be imposed on the following categories of property:

residential premises (parts thereof), if for the debtor citizen and members of his family living together in the premises owned, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and on it in accordance foreclosure may be subject to mortgage laws;
(as amended by Federal Law dated December 29, 2004 N 194-FZ)
(see text in the previous edition)
land plots on which the objects specified in paragraph two of this part are located, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and can be foreclosed on in accordance with the legislation on mortgages;
(as amended by Federal Laws dated December 29, 2004 N 194-FZ, dated October 2, 2007 N 225-FZ)
(see text in the previous edition)
items of ordinary home furnishings and household items, personal items (clothing, shoes and others), with the exception of jewelry and other luxury items;
property necessary for the professional activities of a debtor citizen, with the exception of items the cost of which exceeds one hundred minimum wages established by federal law;
used for purposes not related to business activities, breeding, dairy and working cattle, deer, rabbits, poultry, bees, feed necessary for their maintenance before pasture (going to the apiary), as well as outbuildings and structures necessary for their maintenance;
(as amended by Federal Law dated October 2, 2007 N 225-FZ)
(see text in the previous edition)
seeds needed for the next sowing;
food and money for a total amount not less than the established subsistence level of the debtor citizen himself and his dependents;
(as amended by Federal Law dated October 2, 2007 N 225-FZ)
(see text in the previous edition)
fuel necessary for the family of a debtor citizen to prepare their daily food and heat their living quarters during the heating season;
means of transport and other property necessary for the debtor citizen in connection with his disability;
prizes, state awards, honorary and memorable signs awarded to a debtor citizen.
2. The list of property of organizations that cannot be seized under executive documents is determined by federal law.

Seized property can be seized only on the basis of an inventory report. When drawing up this document, you should pay attention to the correct description of all items (name, year of manufacture, degree of wear, characteristic defects, etc.). As soon as the arrest procedure is completed, the described property is immediately confiscated and transferred for storage to your representatives, you or third parties. In addition, your belongings may be locked in one of the rooms in your apartment (house), and this room itself may be sealed.

How to return property

Property is recovered in a certain sequence: inventory (seizure), seizure, forced sale. And if, nevertheless, it has already come to the seizure of property, then you should write a petition to the court to suspend enforcement proceedings under the writ of execution . Be careful not to get confused! You cannot write about the suspension of collection, because if the collection procedure has already been completed, the court is not able to suspend the seizure or the enforcement mechanism.

You should file a lawsuit immediately after the property has been described and seized. The essence of the petition: to invalidate the decision of the bailiff on the basis that the seized property does not fall into the category of property that can be seized (in accordance with Article 446 of the Code of Civil Procedure of the Russian Federation), or because the seized property is not Your property.

But don’t forget to support your request with reasoned evidence—witness testimony and other documents, which have already been mentioned above.

Do not forget that a court decision can be appealed to a higher authority. It is enough to apply there with a request to suspend the execution of the decision made in your case.

If the issue is resolved satisfactorily, the court will issue a special ruling. And bringing its contents to the attention of the bailiff is the primary task for the debtor, because only after this the representative of the enforcement service will be “neutralized” and will not be able to take any actions directly related to the execution of the previously made decision.

Bargaining

When the property has already been described and seized, it is appraised. This procedure takes place in accordance with the prices that are currently established on the market for a given group of goods, that is, at market prices on the day of the assessment. If you categorically disagree with the price set by the bailiff, you have the right to use the services of an appraiser.

2 months are allotted for the sale of property from the date of arrest. The money received from the sale of property is transferred to the bank, unrealized property is either also sent to the bank or returned to the owner, that is, the debtor. Since there is nothing more to collect from you, the bailiff has no choice but to close the enforcement proceedings.

What reasons could there be to try to return property from seizure?

Items are not your property;
You were able to find documents confirming that the seized items belong to the category of “production tools” or “household items”;
In accordance with the established procedure, the decision on collection was canceled;
The trades took place illegally, after the court suspended the enforcement proceedings.

When filing a claim in court to recognize the incompetence of past auctions, you must declare that:

your rights were violated;
the assessment was carried out incorrectly;
there was an opportunity to collect the debt not through seizure of property, but the bailiff did not take advantage of it;
enforcement proceedings were stopped.

The claim must be filed within 10 days from the date of seizure.

Travel abroad

In the last few years, the following practice has become widespread among bailiffs - prohibiting the debtor from traveling abroad. This happens if you lost the trial, criminal proceedings were initiated against you, but you maliciously evade fulfilling your obligations.

This decision should make your life much more difficult. But they can accept it only in case of your malicious evasion and for a maximum of 6 months.

If you don’t want to be suddenly “unexpectedly” returned “to your native land” when leaving the country at the airport, make at least the minimum payments towards the debt, and before the trip do not forget to check with the bailiff if you are subject to under the category of “restricted to travel”.

BUT even if you are on this blacklist, you will still be able to travel abroad. You're right, it will cost you a little more and will take some time. You can fly abroad from another city. For example, living in the provinces, you can get to the capital by train (or another way), and only then go abroad. With the number of debtors that the enforcement services have to “guard”, they may simply not have time for you. In addition, it is unlikely that anyone will search throughout the country for a bank debtor, because it is not such a terrible crime - a debt to a bank.

RESULTS

REMEMBER! As soon as enforcement proceedings are initiated against you, you can forget about the existence of the bank; further communication with you should take place exclusively with the bailiff.

And even during the period when enforcement proceedings have already been launched, a competent approach to the case will allow you to “tighten the rubber” on payments (various petitions and applications to the court contribute very well to this). And during this bureaucratic red tape, you can hide your property without interference - “donate”, take out, transfer to third parties.

Don't forget to come to every appointment the bailiff makes. Promise to repay the debt, even in small amounts. Explain to the bailiff that you have no property subject to seizure and that his visit will only take away the precious time of a respected employee of the executive body. Of course, it may not work, but it's worth the risk. You can also suggest garnishing your own wages rather than your property.

Even if the bailiffs are already in your house, insistently assert that the property is not yours, but someone else’s.

If the property is nevertheless described and confiscated, hurry to the court. And you shouldn’t stop, even if it comes to bidding.

Assessment of circumstances

Failure of a defendant to appear in court in a civil case for a valid reason obliges to postpone the consideration of the dispute. In other situations, the right is given to postpone the meeting, but it is impossible to delay the process indefinitely. In practice, one omission is considered tolerable. If it is followed by a second one, the judge continues the hearing without the defendant.

If there is a periodic absence within the framework of the trial, the judge proceeds from the circumstances of the case.

As a rule, everything is decided by the defendant’s ability to provide new information. It is easier to wait for the next meeting than to later risk having the decision overturned by the appellate court. Missing a deadline for considering a case is a lesser evil.

Judges easily make decisions without a defendant in credit disputes, recognition of rights to property, and in cases where the court acts as a means of drawing up documents for property. In family disputes involving children's rights, such as which parent they should live with, judges behave differently.

Results

Information obtained during the interrogation of a witness can play an important role in making a decision on verification. Witnesses should be aware that if they provide incorrect information or ignore a summons to testify, they may be subject to liability.

Sources:

Ruling of the Supreme Court of the Russian Federation dated April 30, 2010 No. 6-B10-1
Ruling of the Supreme Court of the Russian Federation dated April 30, 2010 No. 6-B10-1
Tax Code of the Russian Federation

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