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A relative died, 36 years old. We believe it is the fault of the doctors. A month ago, I fell and hit my foot, I was at home for 2 weeks, the deterioration began, pus. They were admitted to the hospital. The next 3 weeks was in the hospital, they say she still has sugar, with the leg they did operations 3 times, they removed the pus (in the sense of these last 3 weeks). I was in the regional hospital. They say we'll take her to the regional for some kind of procedures, she suffered wild pains. All the time we were postponing a trip to the regional one, they say there are no places. Well, that's it, out of the blue the person died. Thinking about going to law, or what to do, do you need a lawyer?
1. Urgently familiarize close relatives with the history of the disease by photographing it from cover to cover in full.
2. Request the same persons for the autopsy report from the morgue.
3. Apply to the hospital and morgue in writing with a note of acceptance. Naturally, do not notify them why you need documents. And that's all.
4. How to read write a complaint to the insurance CHI.
5. They carry out an examination.
6. If defects are found, urgently go to the Investigative Committee. You can go straight to the investigation office, bypassing the insurance one.
Situation: in 2012, a credit card was issued, an amount of 7,000 tr. Was withdrawn from it, then part of the amount was paid according to the payment schedule. Later, the bank's license was taken away, the bank was not a local one, the branch was closed, the main office was in Moscow, they called, asked where to make the next payment, wait for the answer. Time passed, the bank was silent. Today comes a decision to initiate enforcement proceedings from the bailiff and a certain organization is indicated as the plaintiff, they began to look for cases in the courts and it turned out that in April 2018 a court was held and there is a court order in favor of the plaintiff (bank) to collect overdue debt. And from June 2019 it became known that a cession took place between the bank and this organization. The debtor in this case believes that the limitation period for filing a claim with the court expired back in 2016. Question: what can the debtor do in this case? He received no notifications, letters or other correspondence, except for today. Where to go and what to write to him. The letter came in the old surname, because the debtor changed his surname more than 8 years ago. We will be grateful for your answer.
1- cancel the court order, but since you missed the deadline for cancellation, you need to attach a petition to restore the deadline to the application, as well as attach a document that will confirm your valid pass, Article 112 of the Code of Civil Procedure of the Russian Federation
2- if the judge cancels the court order, then write applications to turn the court decision Article 443.444 of the Code of Civil Procedure of the Russian Federation
3- also, after cancellation, they can file a claim against you, then you personally need to file a petition for the application of the limitation period, Article 196,200 of the Civil Code of the Russian Federation
Hello dear lawyers. I ask you to give preliminary recommendations on how a person should act in such a problematic situation: my relative, a pensioner, would like to sell an old house, since she lives in a comfortable apartment and there is no longer enough strength or funds to bear the cost of maintaining the house. There are two owners in this house: she and her son, who is registered there, but actually lives with a cohabitant, never paid for utilities (electricity, removal of textiles, repairs), he drinks, the mother pays everything from her pension, because she does not want to the house fell into disrepair. She wanted to evict (deregister) her son, filed a lawsuit, but she was told that it would not be possible to write him out just like that, he had the right to 1/2 of the house. Can you please tell me what the mother needs to do at the moment so that she can write out her son's drunkard and sell the house without any problems? Maybe you can advise what documents need to be collected, to confirm that he does not live in the house, does not pay; maybe she needs something persuading him to give up his share of the house? Although difficult, he is drunk almost all the time. I understand that on this issue it is better to consult a lawyer in person, but a woman lives in a village, she needs to go to the paradise center, and her health often fails. Please give me preliminary recommendations on what you need and can do in her situation. I really hope you can help. Thank!
1. Will not be able to evict
2. Will not be able to deprive a share of ownership
3. There is no desire to pay and think - let him give his share to his son
Hello. We have a complex with a fenced area consisting of three houses. There is a Magnet store on the territory of the complex. It is located on the first floor of one of the houses. Such an incident happened recently. The truck driver removed the photocell with the wheel from the barrier post. We called the traffic police, filled out the paperwork. All this was transferred to the Criminal Code. But the Criminal Code says that we, as owners, should sort it out ourselves and demand the restoration of the barrier from the participant in the accident. I don’t understand why the Criminal Code then, what is it responsible for? To a written appeal to the Criminal Code, they replied that the barrier is not their property, so they cannot deal with it. What to do? Can anyone suggest which article to rely on? What to do in such a situation?
If the barrier and everything else with it was not included in the common property by the decision of the general meeting, then the management company is right. And you yourself have to deal with the culprit.
A civil case was opened against my daughter and me. On January 20, 2017, my mother concluded with her son P.S. Zubeev. donation agreement for 1/2 of the share of an apartment that was not registered in the USRN, since the apartment was jointly owned by 4 participants. However, the notary certified this agreement. The donation agreement (transfer of rights) was not registered in the register. On March 4, 2020, the mother died. P.S. Zubeev and I are the inheritance. accepted. On September 05, 2020, they were supposed to receive certificates of inheritance, but the notary did not issue them, but said that Zubeev P.S. filed a lawsuit that he has a donation agreement. In the statement of claim Zubeev P.S. indicated that he did not register the right during the life of the mother, because she was ill, now he wants to register this right for 1/2 share of the apartment, which is not registered in the register. The respondents indicated me and my daughter, since we are co-owners. Question: did the mother have the right to donate an unregistered share of the apartment and why judge Makarova recognized us as defendants, if we had nothing to do with the donation agreement.
You were "recognized" as defendants because the plaintiff indicated you as such in his statement. There is a dispute between you and your brother about the right. You must bring all your arguments against donation in court, along with evidence. "Each party is obliged to prove the circumstances referred to."
Hello. I don’t know what to do and who to contact. My mother is 62 years old, she has hypertension. Pressure 200, pills do not help in practice. Mom went to the hospital where we are attached. The doctor did not accept her, explaining that they only accept patients with fever (coronavirus pandemic). I wrote a complaint to the Ministry of Health, because a person with critical pressure should be helped. After that, my mother received a call from the clinic and was invited to an appointment. Prescribed pills, promised to put her in the hospital. The pills do not help her, and they no longer offer her to the hospital. Everything died out. No examination, no appointment, no offer. And mom is bad. I'm afraid to leave her alone, but I have to go to work. Where else can we go? What doors are there to knock on? There is no such money to go to a private clinic. Does the Ministry of Health apply again? The doctors in our clinic are terrible and they don't want to heal. They all don't give a damn. I ask for your help. Thank.
In this situation, with a hypertensive crisis, call an ambulance (ambulance) and insist on hospitalization.
In terms of appealing the actions of the doctors of the polyclinic, contact the health department of the city administration and demand a written response for a possible appeal in court.
Hello, my wife and I are renting an apartment in Moscow, yesterday bailiffs came to us and took our property (including my personal property) because of the owner's debts. It is legal? Who should be responsible for the damage to me and my wife?
At first glance, renting out a home looks like an ideal way to generate income: you don't really need to do anything, and the money goes into the account every month.
But this is only an appearance. In fact, together with the lease, the owner receives not only a lot of problems, but also additional risks that are associated, first of all, with the safety of his property.
And judicial practice shows us more and more examples of what troubles the desire to earn extra money from renting his home can turn into for the owner.
One of these days, another of such cases was under consideration by the Supreme Court of the Russian Federation.
The owner leased the apartment to a married couple. They drew up an official lease agreement, to which they attached an inventory of the valuable property that was in the apartment. Residents received the keys and settled in.
But, as it turned out later, the tenant had debts, and for a long time they had been demanded to pay off the bailiffs. Apparently, never finding the debtor's income to withhold against the debt, the bailiffs went to extreme measures.
The law allows them to foreclose not only money, but also other property belonging to the debtor: to arrest it and transfer it for sale or directly to the collector against the amount of the debt (Articles 80, 87 of Law No. 229-FZ).
The bailiffs found out where the debtor lives - and came to that very apartment to describe his property. According to the law, everything that belongs to the debtor and is not included in the list of property on which it is prohibited to foreclose can be withdrawn from debts:
- this is the only housing, ordinary household items, clothing, shoes and other personal items (except jewelry and luxury goods).
A detailed list of property that cannot be collected for debts is contained in Art. 446 Code of Civil Procedure of the Russian Federation.
The tenants presented the bailiffs with a lease agreement and an inventory of the property, which the owner of the home gave them for use.
However, the bailiffs were serious about closing, finally, this enforcement proceedings - and, having carefully studied the inventory of the leased property, they nevertheless found several gaps in it.
Several things were found in the apartment that were not listed in the inventory: a toilet bowl, a gas stove, interior doors, a mirror, and a number of other pieces of furniture.
Since there was no evidence that it belonged to the owner of the apartment, and not the debtor, the bailiffs made an inventory, seized the furniture, took out the furniture, and left the stove with the toilet in the apartment with the following wording: "transfer for safekeeping to the debtor with the right of limited use."
Unfortunately, the very order of limited use was not deciphered ...
Thus, by renting out an apartment, the owner, instead of receiving income, actually had to pay the debts of his tenant. Fortunately for him, the debtor turned out to be a decent person and he himself went to court to release the property of his landlord from arrest.
But here, too, there were some surprises. As it turned out, in order to prove that a person lives in a rented apartment and all its furnishings belong not to him, but to the owner, you need to go through all the courts and go to the Supreme Court of the Russian Federation.
The courts of appeal and cassation still recognized that the gas stove, toilet bowl and interior doors in the apartment are an integral part of its furnishings and are necessary to meet the household needs of residents.
However, with regard to the rest of the furniture not listed in the inventory, the arrest was upheld. The Supreme Court of the Russian Federation did not agree with this.
He pointed out that the bailiffs had seized illegally, since the documents indicated that the apartment was rented, the debtor was registered at a different address, and at the same time nothing proved that the arrested property really belonged to him.
So the arrest was eventually lifted - but at the cost of considerable effort (RF Armed Forces, definition No. 45-KAD20-9-K7).
As you can see, when renting an apartment, you need to carefully consider the compilation of an inventory of its entire furnishings.
It is necessary to list not only valuable household appliances, but even plumbing, gas equipment, doors and every piece of furniture - otherwise it will be difficult to prove to the bailiffs who it really belongs to.