Article 141. Return of the statement on the issuance of a court order

The judge shall return the statement on the issuance of a court order if:

1) the statement has been submitted in non-compliance with the requirements specified in article 136 of this Code;

2) the statement has not been signed or signed by a person who does not have the right to sign it, or by a person whose official position or surname and initials were not indicated;

3) the documents confirming the stated demand, as well as listed in article 138 of this Code have not been submitted;

4) proof of serving the debtor with a copy of the statement has not been presented;

5) the documents confirming the payment of the state duty and postage in the prescribed order and in the prescribed amount have not been submitted, and in cases where the law provides for the possibility of deferral or installment payment of the state duty, the petition thereof is absent or has been declined;

6) no documents confirming compliance with the pre-trial (claim) procedure for settlement of the dispute with the respondent, when it is provided for by law for this category of disputes or by a contract, have been submitted;

7) before the issuance of the court order, the creditor has submitted the statement on its return.

The judge shall issue a ruling on the return of the statement on the issuance of a court order on the grounds provided by items 1 — 6 of part one of this article no later than five days from the date of receipt of the statement by the court, and on the grounds provided by item 7 of part one of this article — no later than the next day after the receipt of the statement on the return of the statement on the issuance of a court order.

The ruling on the return of the statement on the issuance of a court order may be appealed against (protested).

The return of the statement on the issuance of a court order shall not preclude its repeat submission to the court under general procedure after the non-observances have been corrected.