Pavel Kobyak, project manager at Rykov Group, answers:
First, find information about on the basis of the absentee decision of which court you were deregistered. After this, it is necessary to apply to this court to the judge who made such a decision with a request to issue a decision in absentia. This petition can be written in free form. The main thing is to indicate the details of the civil case and the judge.
Having received a decision in absentia, write an appeal indicating all the arguments and circumstances according to which, in your opinion, your rights and legitimate interests were violated. And then you need to take part in the court hearing of the appellate instance, where you will defend your rights.
I draw your attention to the fact that the deadlines for filing all procedural documents are strictly regulated by the Civil Procedure Code of the Russian Federation. Therefore, first, read Chapter 22 of the Code of Civil Procedure. If you think that you do not have enough knowledge in legal matters, seek help from a qualified specialist.
Remember that in addition to legal proceedings, you need to set up a dialogue with the owner of the apartment, who was the initiator of the fact that you were deregistered. Since the cancellation of a default judgment does not guarantee that he will not submit a similar application again.
How to discharge a person if it is not known where he is?
Can I kick my husband out of the apartment without his knowledge?
Your actions in case of illegal discharge
Only a court can discharge a person, except in cases provided for by law. For example, one of the spouses bought an apartment before marriage. After a divorce, you do not need to seek court permission for discharge.
The owner can write out his ex-spouse based on the norms of the Housing Code.
A person can only be discharged from a municipal apartment with the permission of the court. But keep in mind that he will decide to expel a citizen from housing, no matter whether it is privatized or not, without consent, if convincing reasons are presented.
If the housing is not privatized, then you will have to provide evidence that the person:
- does not pay for housing, that is, has debts;
- absent from the given living space for a long time;
- does not live in housing. Uses it for other purposes;
- housing has been damaged;
- a citizen violates the peace of his neighbors, their rights and the rights of people living with him.
All of the above will have to be proven documented during the court hearing.
If you were discharged without notifying or asking for consent, then first figure out why this happened. Then, if, in your opinion, there are no sufficient grounds, then appeal the court decision. If you have to refute every statement of the plaintiff, it is better to contact a lawyer.
The court will never make a decision without sufficient and convincing reasons, especially without consent. But challenging his decision, although difficult, is possible.
Lawyers know better how to do this. It is possible, for example, to find procedural violations in the case, an incorrectly drawn up statement of claim, a violation of the procedural order of its preparation and filing, and the like.
It is better to resolve the problem before a decision is made.
Lawyer Vadim Kudryavtsev answers:
Situations when the court makes a decision in absentia are very common in judicial practice. In accordance with our Russian legislation, one of the parties to a civil proceeding may request that a civil case be considered in absentia in the event that the other party was notified of the date of the hearing in court, but missed the court hearing two or three times. As we know, judges have certain deadlines for considering cases, and they cannot endlessly delay the process. This is the first one. And secondly, in the case when a party is notified of the consideration of the case, but does not come to court, judges are willing to make a decision in absentia. This is often used by unscrupulous plaintiffs to make it easier to win a civil case, without presenting evidence, or when their claim has no judicial prospects at all.
If the court has made a default judgment against you and you have learned about it, you must urgently contact the judge with an application to cancel this default judgment. If a long period of time has already passed since the decision was made, then you need to contact a higher court with a complaint and ask to restore the period, indicating a valid reason. This could be a business trip, illness, moving to a new place of work, etc. If such evidence is available, the courts, as a rule, accommodate the defendants against whom the court has made a default judgment, and the defendants have a chance to present evidence and defend their position in the case. new court.
How to remove your daughter from registration in absentia in order to sell an apartment?
Is it possible to remove a child from an apartment without the mother’s consent?
Eviction from an apartment, room, house
When it comes to eviction through the court, this means that all your appeals to the people living on your residential property about the voluntary vacancy of your living space were unsuccessful, and appeals to law enforcement agencies about the illegal occupation of your space did not lead to anything...
So what is court eviction?
This is when you ask the court to forcibly evict citizens from your square meters. Those. through a court decision that has entered into legal force and through the bailiff service, they are forcibly evicted to the street with all their property in the presence of all neighbors, people on the street and the local police officer.
How are such disputes handled?
In order for the court to accept your application for forced eviction, it is necessary to comply with the so-called. “pre-trial procedure for resolving a dispute”, i.e. submitting a claim to residents for voluntary vacation of living space; without such a claim, the court will not accept your application for proceedings and will return the documents.
That is why it is so important that you have confirmation of the pre-trial settlement of the dispute, such confirmation may be:
— sending a Claim/Demand for voluntary vacation of living space by registered mail with acknowledgment of delivery to your enemies,
- and/or (which is better) a written mark (signature with date, and a transcript of the signature) of the enemies on your copy of the Claim/Demand for voluntary eviction.
All eviction cases are considered with the mandatory participation of a prosecutor, who gives his opinion on the case.
Therefore, careful preparation for the upcoming trial and the correct formation of a position are extremely important.
Your uncertainty or the unreasonableness of your demands will not go unnoticed..., the prosecutor and the judge in this case may take the opposite position on the case and then your prospects of winning are extremely low.
Such cases are often considered together with the request of the interested party to deregister the persons occupying the area from registration at their permanent place of residence, but such a combination of demands on the part of the plaintiff, in my opinion, is erroneous...
If in another (separate) process you can obtain a court decision to deregister your enemies (and such cases are considered without the participation of a prosecutor), then by declaring a demand for their eviction in the next trial, you practically leave the court no options not to satisfy your demands ... as opposed to when you combine deregistration and eviction claims in one lawsuit...think about it.
Don’t forget that you can recover money from people illegally occupying your space in the form of court costs (fees, attorney’s fees), as well as based on an expert’s opinion on the average market cost of renting similar housing - rent for the period of their illegal use of the property premises.
Imagine... What if the dispute drags on for years and people still don’t move out? We can talk about quite serious amounts here...
For example: the cost of renting a 1-room apartment in Moscow is from 25,000 rubles, respectively, if citizens illegally use your apartment for a year - that’s 12 months, then it is quite reasonable to ask the court to recover 300,000 rubles from them for lost profits or rent...
If you need the help of a lawyer during eviction - legal advice, drawing up a claim, drawing up a claim and representing your interests in court - please contact me, I will be happy to help.
You can submit your written question through the site or if you want to speak directly with a lawyer about your issue
call: +7(495)772-13-32.
If you were discharged by the court, how to put a stamp?
You cannot do everything, but if it is problematic for you, then you can get an apartment on a mortgage by virtue of the law on marriage and rights or in the current version of paragraph 2 of Article 10 of the Federal Law on Privatization, even if you are not registered at your place of residence.
If they are not repaid, everyone begins to pester us (the owners of the apartment in which he does not live and has long since been discharged). Where should I go to either add it to the general database and no longer issue loans to this address, or get a stamp on the statement?
They were discharged through the court but the stamp remained in the passport
If there is no court decision under Article of the Civil Procedure Code of the Russian Federation that the child must live with his mother, then the child, of course, will not be automatically discharged. Because according to Article 20 of the Civil Code of the Russian Federation, the child has the right to live with one of the parents. In order to discharge a child from a non-privatized apartment, there must be a court decision on determining the child’s place of residence, that this decision determines the child’s residence with the mother. If the child cannot be discharged, then he will of course take part in privatization. The guardianship authority simply will not give permission for privatization if the child is not included among the participants in privatization. Participation in privatization always means acquisition of a share in housing.
What to do if you are discharged by court order. Register elsewhere, or appeal the decision. I was discharged by court order. Do I have the right to a share during privatization? He was discharged due to a court decision and no pension was paid. Please tell me where a person discharged by court decision is registered? If, by a court decision, a person is recognized as having lost the right to use and is deregistered, then the place of his registration at his new place of residence is determined by him.
Discharged by court order
You can request a copy of the court decision. If you didn’t receive a solution (which is unlikely), then it’s free. Otherwise, it costs 40 rubles. What prevents you from calling the court and clarifying how this is done? You need to find out the details, pay 40 rubles, attach a copy of the payment receipt to the letter and send a request. There are statutory deadlines for compliance. I don’t remember exactly, I think 10 days.
You haven't mentioned your daughter's age anywhere. On what basis was it deregistered? Information about changing any data must be submitted to the passport office by the citizen himself or his parents (adoptive parents, trustees, guardians), if we are talking about minors, incompetents, etc.
Where to put a stamp in your passport after registering a marriage
The need for its placement is also due to the fact that it indicates the address of the registry office that placed it, the registration number and the date of the procedure. This information may be useful if the divorce certificate is suddenly lost.
6. The invalidity of a passport entails only the entry of information, marks or entries not provided for by these Regulations. In case of refusal to accept the application, etc., you have the right to demand a written refusal from the head of the registry office.
The nuances of discharging a person from an apartment in court
A citizen of the Russian Federation is free to choose a place of residence or temporary residence. In order for him to fully exercise his rights and conscientiously fulfill his duties, there is a mandatory registration of citizens at the place of residence or stay.
- Family relations with the owner of the apartment have been terminated. As long as a person is a member of the owner's family, the right of use is enshrined in law. When he ceases to be a member of the owner’s family, for example during a divorce, if we are talking about spouses, he can be discharged.
- The registered person or the employer has moved to another place to live. In this case, they lose the right to use the apartment. You can go to court to get them released.
- The owner can also expel other registered persons from the apartment, but in any case this can only be done either by their personal application or by a court decision.
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Who puts a stamp in a passport about divorce?
The text itself about the cost of a stamp in a passport sounds at least strange, but government services will have to be paid for by everyone who decides to get a divorce. Legislators calculated expenses that would be beyond the means of every mortal Russian, and established a state fee for divorce proceedings of 30,000 rubles. A bill with this amount was submitted for consideration by deputies, but some of them considered it blasphemous to limit the rights of Russian citizens.
Despite the fact that a marriage is considered invalid when a court decision on divorce is made, it is actually possible to enter into another marriage only when the request received by the registry office has been processed, according to which a new stamp will appear in the passport.
Everything about the general passport
According to the court, I was discharged from the apartment, I was registered there for almost 10 years. Now a situation has arisen that I have actually been discharged, but there is a registration stamp in my passport. Do I need to change my passport because of this and will I have problems?
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— There is no need to change your passport. You might not even know that you were discharged through the court. The registration stamp in the passport will be removed when the passport is replaced, that is, you will be given a clean passport. The presence of a registration stamp in your passport, provided that you have been discharged from the apartment by court, does not threaten anything. The only thing is that if they check the relevance of permanent registration, they will see that they have been discharged and nothing more. When you register at your new place of residence, you will be given two stamps in your passport - “discharged” and “registered”. So, due to the fact that you were discharged from the apartment by the court, you do not need to change your passport.
Discharged by court decision, do I need to mark it?
Maximum 08 Sep 2021 and now he is notified that he has accrued a debt, he must pay or they will deregister who has already encountered such a situation, what could this entail - with obtaining and replacing a foreign passport, civil passport, - deregistration of the military registration and enlistment office, - with registration in the other place ?
To do this, you need to go to court with a corresponding claim. Having dealt with housing issues for many years, the Law Office has a wealth of many years of experience in successfully resolving issues related to the removal of various categories of “tenants” from an apartment through the court without their consent, guaranteeing a positive result.
Free legal consultations online
Hello. Sale of an apartment. The family consists of 3 people: father, mother, adult daughter. The couple is divorced. The apartment has been owned for less than three years: 12 shares belong to the mother, 12 to the daughter. All three are registered in the apartment. The apartment is for sale. Does the father have the right not to leave the apartment after its sale? Is it possible to discharge a father from an apartment by court if he has no other place to live?
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Lawyer's answer to the question: to be discharged from the apartment by court Most likely, yes, but it will definitely be possible to answer either after reading the claim, when the ex-wife goes to court, or after reading the question in person, with a documented study of the “history” of the apartment. ———————————————————————
How to discharge a person from an apartment
You can sign out independently and voluntarily by simply filling out an application and attaching the relevant documents. Otherwise, it is necessary to go through a long procedure of obtaining a court decision to discharge the tenant; or in the registration authorities it is necessary to attach such documents that will confirm the grounds for discharge.
Next, with this certificate and the passport of the deceased, you need to contact 3AGS. The death certificate is issued in person on the basis of these documents. Next, three documents are submitted to the registration authorities - an application for discharge, a death certificate and the applicant’s passport.
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They want to check me out of the apartment, what should I do in this case?
When the living space does not belong to any of the residents, the municipality can evict. This happens either at the request of one of the residents, or due to complaints from neighbors. For any case, compelling reasons are needed. Before taking the case to court, the municipality must issue a warning to the tenant. If there is no response to the warning, they are discharged by the court. A warning may be issued on the following grounds:
- the resident’s absence from the place of registration for six months or longer;
- failure to pay utility bills for six months or longer;
- damage to the premises or property of the municipality;
- threats to cohabitants, neighbors, physical or moral pressure;
- use of the premises for other than its intended purpose.
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