APPEAL DECISION OF THE MOSCOW CITY COURT CANCELLED THE DECISION OF ZAMOSKVORETSKY DISTRICT COURT OF MOSCOW ON REFUSAL TO CITIZEN B* IN RESTORATION OF THE MISSED PROCEDURAL PERIOD FOR FILING AN APPEAL

LLC KB “S…” (Plaintiff) appealed to Zamoskvoretsky District Court of Moscow and filed a statement of claim against citizen B* (Defendant) for recovery credit debt under overdraft agreements. By the decision of Zamoskvoretsky District Court of Moscow the requirements of LLC KB “S …” were satisfied in full.

At the same time in violation of the provisions of section 2 of article 150, articles 113-114 of the Civil Procedure Code of the Russian Federation, the Court didn’t properly inform the Defendant about the date and time of the hearing, and also after adoption of the decision it did not send to the proper address of the Defendant the copy of the judgment to the person participating in the case, who was not present at court session of the first instance (article 214 of the Civil Procedure Code of the Russian Federation).

The Defendant became aware of this decision upon receipt of the resolution of the bailiff about instituting enforcement proceedings against him.

Having disagreed with the above decision of the Court, citizen B* appealed to MCBA “Bureau of Lawyers “De-jure” to provide him with legal assistance and representation in Court.

Having analyzed the circumstances of this case, lawyers of MCBA “Bureau of Lawyers “De-jure”  prepared and filed a petition to  Zamoskvoretsky District Court of Moscow for the restoration of the missed procedural period for filing an appeal and appeal against the decision of the court of first instance.

By the decision dated November 4, 2018  Zamoskvoretsky District Court of Moscow denied the restoration of the missed procedural period for filing an appeal due to the fact that at the time of the hearing the court was not aware of the change of the Defendant’s place of registration and the court notified the Defendant at the address indicated in the statement of claim.

Having disagreed  with the above decision of the District Court of Moscow lawyers MCBA “Bureau of Lawyers “De-jure” prepared and filed a private complaint.

Cancelling the decision of Zamoskvoretsky District Court of Moscow dated 04.11.2018 on the refusal to B*  in restoration of the missed procedural period for filing an appeal, the Moscow City Court agreed with the legal position and arguments of  lawyers of MGKA “Bureau of Lawyers “De-jure”.

The court found that the borrowed funds were provided to B* under the terms of the Accession Agreement on opening of a special card account (SCA) to an individual and the provision of a Bank card for use, concluded in 2014.

Also, the Accession Agreement on opening of the special card account did not contain information about the place of registration of the borrower, according to its conditions the borrower had no obligation to inform Bank about change of the place of registration.

Moreover, the application for the issuance of an overdraft loan under SCA does not contain information about the place of registration of the borrower.

Taking into account the provisions of the agreement on the lack of the obligation to inform the Bank about the change of the registration place and the provisions of the Constitution of the Russian Federation, the Law of the Russian Federation № 5242-1 dated 25.06.1993 “About right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”, B* had no obligation to give anyone, except the Federal Executive Body authorized to exercise the functions of control and supervision in the field of migration, information about the change of registration address.

Also, the Moscow City Court took into account that the claim of LLC KB “S …” for recovery from B* of credit debt under overdraft agreements was filed to Zamoskvoretsky District Court of Moscow in 2017, whereas the place of registration was changed in 2016.

Head of MCBA “Bureau of Lawyers “De-jure” N.V.Filippov, trainee lawyer  M.A.Chernyshev and assistant lawyer I.R.Zakirov took part in the preparation of a private complaint on the decision of Zamoskvoretsky District Court of Moscow on refusal to restore the missed procedural period  for filing an appeal and in forming of legal position on the case.

Assistant lawyer I.R.Zakirov represented the Defendant’s interests  in Zamoskvoretsky District Court and in the Moscow City Court.