If one day you received a message stating that your claim to the bank was before the bank without your participation, in addition, in another city or not in your area, and moreover, the proceedings have already been instituted in the case, do not waste your time. time, start acting right away. Such a court decision must be challenged in a lawful manner!
The most important argument – the court should only pass the place of your residence, you must be warned in advance about the time and place of the court session.
On the basis of the review of the case law, signed by the chairman of the Supreme Arbitration Court of Ukraine, Anton Ivanov, the Presidium of the Supreme Arbitration Court (HAC) of Ukraine, came to the final conclusion that the condition of the loan agreement that disputes on the claim of the bank to the citizen’s borrower are considered by the court at the place where the bank is located, illegally
High court decision:
“The condition of the loan agreement that disputes on the claim of the bank to the borrower-citizen are considered by the court at the place of the bank, which violates the legislation on consumer protection.” On the basis of Art. 28 of the Civil Code of Ukraine, claims must be heard in court at the place where the defendant is located. And since the borrower in this case becomes the defendant in the suit, then the bank’s review with the borrower can only take place at the place of registration of the borrower.
A court without your participation may take place, but only if there are good reasons, and therefore you can safely appeal against a court decision that was not properly communicated to you and as a result was not present.
On the basis of the Civil Procedure Code, absentee proceedings, ie, in the absence of the defendant (Article 233), is possible in the event of non-attendance at the court hearing of the defendant, reported on the time and place of the court session, did not report the valid reasons for non-appearance and did not request the consideration of the case in his absence, the case may be considered in the order of correspondence production. A court decides on hearing a case in such a procedure.
However, you have the right to appeal against this ruling, on the basis of Article 237 of the Civil Procedure Code of Ukraine, the defendant has the right to apply to the court which has passed an extra-ordinary decision to annul the decision of the court within seven days from the date of the delivery of copies of this decision. Therefore, be careful when receiving litigation, letterheads, never sign the receipt documents, do not carefully examine them, be sure to indicate the date of receipt of the letter, including the hours and minutes. There have been cases when a person received a letter on the last day of the evening, when there was no opportunity to appeal, and the next day he was denied the objection, as the term expired. Or worse, the letter lasted for a week, the term went out a long time, a person comes to receive a judicial letter, puts a signature and goes, the date of receipt can be considered a stamp on the envelope with the date of receipt of the letter to the post office.
In which case is the court entitled to cancel an out-of-court decision? An out-of-court decision of the court is subject to cancellation if the court finds that the absence of the defendant in a court session was caused by valid reasons for which he was not able to inform the court in a timely manner, and the defendant refers to the circumstances and presents evidence that may affect the contents of the court decision.
Upon cancellation of an out-of-court decision, the court resumes consideration of the case on the merits. In the absence of the defendant, duly notified of the time and place of the court session, adopted at a new trial, the court decision will not be absent. The defendant is not entitled to reapply for review of this decision in the order of correspondence production.
Thus, if you believe that the decision was taken in absentia and you have serious reasons not to appear in court (for example, you have not received a summons), then you have the right to apply for cancellation of an out-of-court decision, but the main thing is not to miss the term for Appeal – 7 days from the date on which you received a copy of the court decision.
After the cancellation of an out-of-date decision, the civil process, which you will need to attend and provide evidence and explanation, will be restored. In addition, if you miss the seven-day deadline for cancellation of an out-of-date decision and you will be up to that point, then within a month you can appeal the decision in an appeal.
If the court refuses to comply with your application for cancellation of an out-of-court decision, you will also have the opportunity to appeal the refusal in an appeal within 30 days.
Banks, of course, do not like this situation and the Association of Russian Banks has repeatedly been suggested that the Law “On Consumer Credit” bequeathed the right of banks to sue the borrower at the place of obtaining a loan by the borrower. However, so far, such amendments to the law are not adopted. Therefore, use the existing legal grounds and do not be afraid to protect your rights. You must be present at the court, and the court must go to your place of residence. Other court decisions are illegal!