Application to the court to recognize a citizen as missing

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Document type: Application

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In ___________ district court

From __________ (full name, address)

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Before making an application

Before drawing up an application, you need to collect a package of documents confirming the applicant’s arguments. In such cases, the applicant must prove the following circumstances:

1. interest in being recognized as missing. The court's decision must have legal consequences for the applicant. A document confirming this interest will need to be submitted to the court.
2. place of residence of the missing citizen. You will need to provide a certificate from the citizen’s place of residence, a house register, and other documents confirming that he lived at this address until his disappearance.
3. absence from place of residence for more than 1 year. The best written evidence of absence will be the materials of the search file of the police department or bailiffs (when debtors are being sought). You can also use certificates from various institutions where the citizen was registered in some way as evidence. Often, acquaintances, neighbors or relatives of the missing person who can confirm the fact of absence are invited to court as witnesses.

Before submitting the application, a state fee is paid, the amount of which corresponds to the fee for special proceedings. The current amount of state duty today can always be found here: state duty to court.

Found documents on the topic “statement of claim to the court to recognize a citizen as missing”

1. Application to the court to recognize a citizen as missing Statements of claim, complaints, petitions, claims → Application to the court to recognize a citizen as missing
   to the district court from (full name, address) application to recognize the citizen as missing I, full name .o., I am the spouse, full name. year of birth, passport...
2. Applications court O recognition citizen unknown absent
   Statements of claim, complaints, petitions, claims → Application to the court to recognize a citizen as missing

   to the district court from (full name, address) application to recognize a citizen as missing I, full name, am the spouse of full name. year of birth, passport...

3. Statement O recognition citizen unknown absent
   Statements of claim, complaints, petitions, claims → Application to recognize a citizen as missing

   application for recognition of a citizen as missing to the people's court of the Kirov district of Saratov from Tatyana Valerye Borodulina...

4. Sample. Statement O recognition citizen unknown absent
   Statements of claim, complaints, petitions, claims → Sample. Application for recognition of a citizen as missing

   application for recognition of a citizen as missing to the people's court of the Kirov district of Saratov from Tatyana Val Borodulina...

5. Statement O recognition citizen capable
   Statements of claim, complaints, petitions, claims → Application for recognition of a citizen as legally competent

   ... of the Republic) from (full name of the applicant, address) interested parties: (full name or name, address) application for recognition of a citizen as legally competent due to mental illness me (full name), date of birth, decision ...

6. Claim statement O recognition marriage void
   Statements of claim, complaints, petitions, claims → Statement of claim for recognition of marriage as invalid

   ... in the magistrate's court (name of court ) plaintiff: (full name, address) defendant: (full name, address) statement of claim to declare the marriage invalid "" I entered into marriage with defendant (full name) and about…

7. Sample. Statement O recognition citizen capable
   Statements of claim, complaints, petitions, claims → Sample. Application for recognition of a citizen as legally competent

   ... the court of the region (region, republic) from (name of the guardianship and trusteeship body or full name, acting guardian) application for recognition of the citizen as legally competent by the decision of the district (city) court of the region dated "" 20, gr. due to the soul...

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8. Sample. Claim statement O recognition marriage void
   Statements of claim, complaints, petitions, claims → Sample. Statement of claim for recognition of marriage as invalid

   ...th (city) people's court of the region (territory, republic) plaintiff: (full name, address) defendant: (full name, address) statement of claim to declare the marriage invalid The marriage with the defendant was concluded 20 by the registry office department. after conclusion...

9. Statement O recognition citizen incompetent
   Statements of claim, complaints, petitions, claims → Application for declaring a citizen incompetent

   application for declaring a citizen incompetent to the people's court of the Sevastopol district of Moscow from Kirill Sergeevich Fedorov, p...

10. Sample. Claim statement O recognition marriage void
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    (sample) statement of claim to declare a marriage invalid in the intermunicipal people's court of the city plaintiff: (full name, year of birth...

11. Sample. Statement O recognition citizen incompetent
    Statements of claim, complaints, petitions, claims → Sample. Application for declaring a citizen incompetent

    application for declaring a citizen incompetent to the people's court of the Sevastopol district of Moscow from Kirill Sergeevich Fedorov, ...

12. Sample. Claim statement O recognition the marriage contract is completely (partially) invalid
    Statements of claim, complaints, petitions, claims → Sample. Statement of claim for recognition of the marriage contract as fully (partially) invalid

    ...th (city) people's court of the region (territory, republic) plaintiff: (full name, address) defendant: (full name, address) statement of claim for recognition of the marriage contract as fully (partially) invalid in marriage entered into with the defendant(s) 20 g....

13. Statement O recognition citizen limited capacity
    Statements of claim, complaints, petitions, claims → Application for recognition of a citizen as having limited legal capacity

    application for recognition of a citizen as having limited legal capacity to the people's court of the Gagarinsky district of Moscow from Lydia Petrovna Semerkina...

14. Claim statement O recognition ownership
    Statements of claim, complaints, petitions, claims → Statement of claim for recognition of ownership rights

    ... inspector: (address) price of the claim: thousand rubles (indicate according to the cost of the garage from the BTI certificate on the cost of the garage). statement of claim for recognition of property rights by the decision of the executive committee of the Polevsky City Council of People's Deputies...

15. Sample. Claim statement O recognition invalid act of a government body
    Statements of claim, complaints, petitions, claims → Sample. Statement of claim to invalidate an act of a state body

    statement of claim to invalidate an act of a state body on a form to the arbitration court of an organization (name...

Legal consequences of appearance

As judicial practice shows, a person can return to his place of residence and be found in another place.
In this case, he has the right to:

• receiving property back into your own management;
• housing he owned;
• restoration of marriage;
• reassignment to the previous place of work (if the reasons for the disappearance are forced).

When a missing person is deregistered, his rights are also restored. He can be registered in housing again.

It is also possible to restore a broken marriage. The exception is when the spouse has already entered into an officially registered relationship with another person. This is evidenced by Article 26 of the RF IC.

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Questions from our readers

The process of being declared missing raises many questions. We answer the most popular ones below.

Is it possible to recognize a child support worker as missing and what will this give?

A person may disappear due to unwillingness to pay alimony. When contacting the Ministry of Internal Affairs, this fact must be taken into account.

In accordance with Law No. 229-FZ, when a court decision is made, proceedings for the payment of alimony are opened. A search procedure is also initiated.

The bailiff must send requests to:

• bodies of the Ministry of Internal Affairs;
• banking organizations;
• traffic police;
• Pension Fund;
• Federal Tax Service;
• Rosreestr.

The claimant submits an application to the FSSP. It reflects the details of the court decision, the payer’s data, the period of non-payment, and the amount of the debt.

If, after a search, a citizen is recognized as missing, on the basis of a court decision, you can submit an application to the Pension Fund for a survivor’s pension.

The ex-husband was declared missing, is it necessary to return his property?

Property that was transferred to trust management is subject to return. If the person appears, all rights to real estate are restored in court.

The survivor's pension is non-refundable. The ex-husband was declared absent by the court, so the fact of unjust enrichment is not seen.

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Arbitrage practice

The court must be attentive to the consideration of these cases. There are cases when, after making a decision about an unknown absence, a person appears, and a lot of problems arise in returning all his rights. The question for what purpose the applicant makes such a request to the court deserves special attention.

During legal proceedings one often has to face the following questions:

Lawyer's answers to frequently asked questions

What will happen to the property of the absent citizen?

In this matter, it is important to understand that it is transferred to the temporary management of a trustee. Property cannot be sold or inherited. The heirs receive their right only after 5 years, when the court recognizes the missing person as dead (deceased).

Is the residential premises reserved for the disappeared citizen?

If he lived alone before the disappearance, then the property is transferred to trust management. If a family lived, then the housing is retained by the residents, but utility bills are recalculated. Such real estate cannot be sold.

How to appoint a trustee?

The court entrusts this issue to the public organization. Relatives and potential heirs who did not live with the disappeared citizen can become a trustee only by decision of the public organization. This body may appoint a complete stranger as a trustee at its discretion.

Minor children.

Recognition of an unknown absence makes it possible to obtain a survivor's pension. Resolve the issue of adoption without unnecessary problems. The remaining parent is entitled to a double tax deduction.