If the rights of a citizen have been violated, the court will help defend them. To initiate proceedings, you must write an appropriate appeal to the court. However, it will be accepted only if the rules for making a claim. In order to avoid mistakes, you can contact a lawyer. However, his services require payment. You can also apply to the court on your own. To do this, you need to use a ready-made sample. Additionally, you will have to familiarize yourself with the norms enshrined in current legislation. Any person over the age of 18 has the right to apply to the court. We will talk about the main situations when there is a need to file a claim, about the content of documents, the features of their execution and the list of attached papers.
The application is the basis for any operation. If we are talking about a lawsuit, the application becomes a reason for starting a trial. It is important to take into account a number of formal requirements imposed by the court on the content of the application to the court and the sequence of its preparation. Failure to comply with the rules becomes a reason for refusal to accept or other undesirable consequences. Give statement of claim court must be in writing.
The person submitting the application is the plaintiff. The other party against whom the demand is made is recognized as the defendant. Initially, you need to follow the pre-trial order of the proceedings. It is established so that the parties can independently try to resolve the dispute. If an agreement cannot be reached, the decision is made by the judge. The verdict is rendered on the basis of the facts and evidence presented.
It is important to meet deadlines limitation period. It is 3 years old. Sometimes the period can be extended. This happens when there is a dispute. employment contract or resolution of tax labor disputes.
If several claims are made against the defendant at once, it may be necessary to draw up a number of copies of the statement of claim. Appeal to the court is carried out at the place of residence of the defendant. Personal filing of a claim or sending a document by mail along with other papers is acceptable. In the latter situation, a registered letter is used. On hand, you need to leave a receipt to avoid loss of documentation. If a personal appeal is made to the court, the office will have to request a warranty card. It is provided in lieu of the documentation received. The stamp and the date of delivery are fixed on the paper.
Situations where there is a need to file a claim
Participants in proceedings have equal rights and obligations before the law. To resolve the dispute, the plaintiff and the defendant must notify the other party that a claim has been filed. A person over the age of 18 has the right to provide the relevant document.
Typically, the application to the court is carried out in the following situations:
- there was an infringement of the rights of the plaintiff;
- the interests of the citizen were violated;
- the defendant caused physical or moral harm;
- as a result of the actions of the defendant, the plaintiff suffered material damage.
The court is obliged to protect the rights of citizens. The plaintiff must state in full the specifics of the situation and the requirements put forward to the defendant in the application. In practice, it is not always possible to apply to the authorized body on your own. So, if due to good reason the plaintiff cannot appear in court, it is permissible to carry out appropriate actions through a representative or guardian. It is necessary to act under a power of attorney, which is notarized. In the process of preparing an application, it is important to follow the format and rules for compiling a statement of claim to the court.
It is important to include the following information in your application:
- the name of the authorized body to which the appeal is made;
- personal data of the plaintiff and defendant;
- the essence of what happened;
- claims put forward by the plaintiff to the defendant;
- description of the address and place of residence;
- the value of the claim and detailed description obligations that became the reason for going to court;
- evidence base;
- list of attached documents;
- date and signature.
The price of the claim deserves special attention. The indicator is reflected before the application is submitted. Sometimes the amount is not set. In this situation, a pre-trial examination is carried out. The cost of the claim is determined by the court. The application price consists of 2 parts. The first one includes material damage which was applied by the defendant. In particular, this includes fines and penalties. The second part includes non-pecuniary damage and money sent to compensate for the losses of the plaintiff.
In practice, demands can be put forward to several people at once. In this situation, the price of the claim is divided by each defendant in shares. The applicant himself has the right to reflect the amount. It is important to record all the facts in the text of the document.
If damage has not been assessed, and there are no circumstances confirming what happened, the documentation may reflect the approximate cost of damage. In this case, the judge has the right to adjust the amount.
The law allows you to satisfy the claim in whole or in part. Sometimes the requirements for the defendant are completely left without satisfaction. The outcome of the proceedings depends on a correctly drafted application. The document may also reflect the requirements that the plaintiff considers necessary.
Claims
When drawing up a statement of claim, the plaintiff is obliged to indicate the circumstances of the incident in a separate paragraph. Only authentic information can be entered into documents. All claims against the defendant must be qualified correctly. The person bears full responsibility for the improper performance of obligations and the presentation of false information. All of the above conditions must be proven. It is recommended to attach supporting documents to the claim in advance.
What can be considered as evidence
Requirements for writing a statement of claim include the need to bring evidence. It can vary greatly depending on the situation.
A number of documents are usually considered as evidence, the list of which includes:
- papers confirming the absence of certain entries in the register, if proceedings are carried out with the supplier;
- documentation confirming the occurrence of delays in payments;
- confirmation of the provision of false information;
- paper about improper performance terms of the contract;
- documents demonstrating the fact of threats and infringement of the rights and legitimate interests claimant.
All types of damage caused are reflected in a separate column of the document. Additionally, you need to prescribe the amount of harm caused and attach copies of the documentation that serve as confirmation. If necessary, the e-mail address, place of implementation is recorded labor activity defendant and other circumstances relevant to the case. The information is entered into the protocol. If the circumstances are proven, a positive decision is subsequently made, and the plaintiff receives a writ of execution. Before submitting an application to the court, you have to pay a state fee. Its size is 200 rubles.
Sample Fill
Information in the claim form is entered by hand. You can get the document by contacting the employees of the authorized body. An alternative is to download a document from the Internet. It is important to remember that the sample lawsuit for a justice of the peace and for a district court will differ significantly.
There are situations when a representative of the authorized body refused to review the paper. This is possible when the decision on the case has already entered into force or the statements were made with gross errors.
The court will consider the petition of the plaintiff, however, compliance with the procedure pre-trial settlement extremely important. Therefore, it is important to enter information correctly and avoid errors. If there is a return of the claim, the judge must present the reasons for such a decision and make recommendations regarding the process of correcting the application. This will subsequently minimize the likelihood of leaving the form without movement. The claim is considered within 5 days. After that, a decision is made.
Papers to complete the application
Scroll required documents reflected in Article 152 of the Civil Code of the Russian Federation.
The applicant is required to fill out an application with the following papers:
- copies of the claim according to the number of participants in the proceedings;
- an identity card of the applicant and a power of attorney, if a representative of a citizen applies to the court;
- a receipt confirming the fact of payment of the state duty, or documents on the basis of which a person can be exempted from depositing funds;
- papers confirming the fact of harm.
The list may change depending on the situation. Documentation is provided in writing.
Date of preparation of the claim
At the end of the application, in the right corner, you need to reflect the moment the application was submitted to the court office. It is recommended to double-check all the circumstances of the case and prepared documents beforehand. This will reduce the likelihood of problems due to the lack of any help. The risk of rejection of the application will be significantly reduced. A possible date for the preliminary meeting is then set.
Design Requirements
If established norms are not complied with, the statement of claim will remain without movement.
The rules for drawing up an appeal to the court are reflected in Article 131 of the Code of Civil Procedure of the Russian Federation:
- it is necessary to submit an application to the authorized body in writing;
- reflect all the circumstances of what happened;
- provide evidence of violation of the defendant's rights;
- describe the amount and price of the claim;
- record the fact of non-compliance with obligations on the part of the defendant;
- provide a general description of the grounds for initiating the case.
Fixation is allowed in the form additional requirements with supporting documents. At the end is a signature.
Output
The law allows you to defend your civil rights and interests in court to any citizen and the president of the Russian Federation. However, the claims against the defendant will be considered by the court if reliable facts are provided. All information contained in the application must be official and confirmed. Refer to laws and other regulations. You can present cashier's checks as evidence if material damage has occurred. It is important to prepare the information correctly and correctly. It is necessary to apply fundamental factors that can influence the decision of the court. It is best to consult with experienced lawyer. Sometimes this allows you not to bring the case to court.
I have been a lawyer for over 10 years and have drawn up approximately 650 lawsuits. During this time, I realized what lawsuits like the judges. In this article I will tell you about all the rules for drawing up a quality claim.
Every day there may be situations when the two parties cannot agree among themselves. There are different reasons: someone did not return the money, they do not change defective goods, they do not pay alimony, and so on. At this point, one of the parties must prepare a statement of claim in order to go to court.
If you are unable to negotiate with another person or company, then you need to go to court. But for this you will have to make a claim.
A lawsuit is a statement in which one person writes demands against another person or organization.
The claim is filed with the court. In this case, the decision is made by the judge who considers the claim. The party that files the claim is the plaintiff. The other side is called the defendant.
Any person can file a claim. In this case, it is necessary to follow the rules so that the court decides in favor of the plaintiff.
Take 10 essential steps:
- Write down the requirements in the statement of claim provide evidence and arguments. To do this, find articles of the law that will confirm the arguments of the plaintiff.
- Find judicial practice depends on a situation for a decision to be made in favor of the plaintiff. Judicial practice is posted on special websites.
- Check the calendar for the statute of limitations so that it is not missed. In 9 cases out of 10, this period is 3 years from the date of the event.
- Correctly identify the defendant and list the other parties in the lawsuit.
- Follow the requirements for pre-trial settlement of the dispute. This means that you need to meet with the defendant and try to amicably resolve the dispute with him before going to court. Submit a pre-trial complaint if the defendant is not ready to meet.
- Find and make copies ahead of time certificates, statements, contracts that will be mentioned in the claim.
- Print a receipt on the court website for payment of the state duty. The fee can be paid by credit card or bank transfer. This must be done before filing a lawsuit.
- File a claim yourself or find ready-made samples on the Internet. Contact law firm or to a lawyer if the case is serious and there is no experience.
- Take the claim to court.
- Ask the court clerk to stamp on a copy of the statement of claim brought by the plaintiff.
Next, decide what result the plaintiff wants to get. Imagine the situation - a store customer bought a phone with a 50% discount and after 2 months the phone broke down. What will the plaintiff ask the court for? Here are the options:
- Return the phone and get the money back.
- Get a new working phone for the same price.
- Repair this phone because it has saved photos and contacts.
- Get another phone for the same money.
- Get another phone that costs more, but with a surcharge.
When you decide, move on to the next step.
Write the requirements in the claim
Before giving arguments and evidence, decide what the plaintiff will ask the court.
Here are some examples:
- I ask you to divide the property between the spouses.
- I ask you to establish alimony in the amount of 25% of the income of the former spouse.
- I ask to oblige the debtor to repay the debt in the amount of 20,000 rubles.
IN court session you can change or clarify the requirements. Suppose it turns out that the ex-husband has not one, but two children. Then the amount of alimony will change from 25% to 17% of income.
Find Articles in the Law
Give arguments. To do this, find articles in laws that will confirm the position of the plaintiff. If we go back to the alimony example, then find the articles from chapter 13 family code. The arguments for returning or exchanging a broken phone are contained in article 18 of the Consumer Protection Act.
In the same way, you will have to look for articles for your situation. To do this, use paper codes or websites Consultant Plus and Garant.
Example
Sergei decided to sue Alexei for the return of the debt. As the main argument, Sergei brought to the court a receipt that Aleksey wrote to him. This is excellent evidence, the judge will most likely rule in favor of Sergei.
Articles and norms of the law are important for the court, not emotions and assessments of events. Therefore, the statement of claim must be reasoned and concise.
If there are no skills and experience, then look for ready-made samples and templates of statements of claim on the Internet.
Find jurisprudence. Judicial practice is the decision of the court in any case. Look for solutions in favor of the plaintiff on a similar issue.
There are special sites that daily post the decisions of each court that operates in Russia. The most famous site is SudAct. If the court is in arbitration case, then go to the Bank of decisions of the arbitration court.
Check the pleading part. The pleading part is a paragraph of the statement of claim in which the plaintiff asks to satisfy the requirements. This paragraph is at the very end, after the word “Please”.
Ask only for achievable requirements that comply with the law. For example, you cannot ask for the return of a car that has already been destroyed or scrapped. But you can ask for a refund for this car.
Formulate requirements precisely, do not use general phrases. Instead of the phrase: “I ask you to return the money”, it is better to write “I ask you to recover from Petrov A.A. cash in the amount of 50,000 (fifty thousand rubles) 00 kopecks. in favor of Ivanov A.A. in payment of a debt."
Check the statute of limitations
The statute of limitations is the period of time during which the plaintiff can file a claim with the court. The period is considered from the moment of the event to the day of filing the claim. For example, party 1 was supposed to return the money on January 1, 2018, today is January 1, 2020. So it's been 2 years.
Most often, the statute of limitations is 3 years. But there are exceptions to this rule.
If less than 3 years have passed, as in our example, then you can go to court. If more time has passed, for example, 3 years and 1 month, then you cannot go to court on this dispute.
In some situations, the statute of limitations is 5 years. But in cases of illegal dismissal, it is 1 month. Sometimes the term can be restored through the court, even if 10 years have passed. For example, in matters related to inheritance. If you have doubts or questions, it is better to ask your lawyer. If the statute of limitations is missed, then the court will return the application and the case will not be considered.
Identify defendant and other parties
The defendant is the party against whom the plaintiff makes a claim. Before writing a lawsuit, understand who will be the defendant. Please include your name and address on the application.
To this person or organization, the court will send a copy of the claim with attachments, as well as an agenda for the first meeting. The defendant is invited by phone or by subpoena, which is sent by mail.
For example, the plaintiff's apartment was flooded. He thinks that this happened through the fault of the neighbors and points them out as defendants. But it may turn out that the flooding occurred due to the fact that the public water supply pipe burst. In this case, the defendant will not be a neighbor, but Management Company house, which is responsible for common house property.
There may be more than one defendant. In this example, Respondent 1 will be the neighbor and Respondent 2 will be the property management company. The court will notify both of them so that they can prove their position. If the defendant is indicated incorrectly, the judge will offer to change it at the first meeting.
In addition to the plaintiff and the defendant, there are third parties. The third party is the party who is interested in this process and who must be present in court.
For example, a case is being considered to establish paternity against Ivanov. But in the birth certificate, Petrov is listed as the father. In this example, Ivanov will be the defendant and Petrov will be the third party.
Find information about the parties
In the statement of claim, indicate the phone numbers and addresses of each party so that the court can contact them and send documents and a subpoena.
Enter the respondent's last known address if you do not know the address where the respondent now lives. If the defendant is an organization, then find the contact details on the contract or receipt. The address of the defendant can be found on the website of the tax service. To do this, specify the details or the name of the organization.
Decide in which court to file a claim
In 70% of cases, the court is chosen depending on where the defendant is registered. The claim is filed by jurisdiction. Jurisdiction means - residents of which houses and streets can sue in this court.
There are cases in which the plaintiff can file a claim at the place of his registration. For example, if it is a paternity suit.
Check if you can get a court order
Before filing a lawsuit, see if the case can be resolved by obtaining a court order. A court order is a decision made by a judge without the participation of the defendant.
To obtain a court order, the plaintiff only needs to write down the requirements in the application and show documents that will confirm his position. In 8 cases out of 10, with the help of a court order, alimony is collected, a debt is returned on a receipt or a debt on a loan. The judge issues a court order within 5 days after receiving the application from the plaintiff.
After that, the secretary sends a copy of the order to the defendant. He will have 10 days to appeal. After that, the order takes effect.
Follow the proper order
From the name it is clear that the pre-trial procedure is an attempt to resolve the conflict before the trial through negotiations or claims. A claim is a document in which the plaintiff sets out his arguments and asks the other party for something. For example, return a debt on receipt or return money for defective goods.
Compliance is required by law. This is done so that fewer cases reach the judges, as they have a high workload. Every day each judge considers 20-30 cases, and sometimes more. Resolving disputes before court is profitable! The parties do not have to spend extra time and money on lawyers.
At the same time, it is rare when the second party admits guilt and satisfies the requirements. Therefore, after sending a claim in 9 cases out of 10, you will have to write a lawsuit and sue.
Please indicate the time limit for a response. Usually the time is 10-30 days after receiving. If the answer to the claim did not come, file a lawsuit. The plaintiff has a choice of how to send the claim to the defendant:
1. Through the mail of Russia, by registered mail with a notification and a description of the attachments. In the inventory, indicate the name of the claim and the date of preparation.
2. Courier delivery service with an inventory.
3. Hand over personally to the defendant. Ask for the date and sign for receipt of the claim on your copy.
Keep the receipt, inventory, bill of lading, or copy of the claim with acknowledgment of receipt. Please attach these documents to your claim. So the judge will see that the plaintiff tried to solve the problem on his own in a pre-trial order.
Prepare Applications for the Claim
Make copies of certificates, contracts, statements, certificates that are mentioned in the claim.
For example, if the plaintiff asks the court to deprive the father parental rights, so the lawsuit mentions the date of birth of the child. There are also mentions of the date of the wedding or divorce. This means that you need to make copies of the child's birth certificate and a copy of the marriage registration (dissolution) certificate. And if a criminal case has been opened, then attach a copy of the decision to initiate a case.
There are cases where there are much fewer applications. For example, Sidorov lent money to Petrov and took a receipt from him. So, from the evidence, Sidorov has only a receipt. He must make a copy of it and attach it to the claim.
Bring the original documents with you to the first meeting. The judge will check if the copies match the original. If the plaintiff cannot go to court, then he must make a notarized power of attorney for another person who will go to court instead of him. Make a copy with the power of attorney.
If the defendant is an organization, then make a copy of the extract from the Unified State Register of Legal Entities for this company. Print out an extract from the website of the tax service. Make copies of the attachments for the court and for each party. The court will not waste paper and make copies.
Pay the state duty
The state duty is a mandatory payment that the plaintiff pays through the bank before filing a claim with the court. After payment, a bank employee will issue a check, which is attached to the claim.
Courts are financed from this state duty, repairs are made, salaries are paid to judges, secretaries, and assistant judges. The state duty can be fixed or dependent on the value of the claim. Fixed - means that the law establishes the exact amount for this case. For example, for divorce through the court, the plaintiff pays 600 rubles.
State duty on the price of the claim - is calculated from the amount that the plaintiff asks from the defendant. For example, if he wants to recover 50,000 rubles, then the state duty is 1,700 rubles.
If you pay the state duty through public services, then you can get a 30% discount. Calculation example:
There are many nuances that we do not describe in this article. For example, only 50% of the standard fee is paid for the issuance of a court order. There are also benefits for the disabled, participants in the Second World War, and veterans. Some categories of citizens may not pay a fee for filing a claim. For example, if the plaintiff demands the return of money for defective goods, he is exempt from state duty.
Make a claim calculation
To find out the exact amount - make a calculation of the requirements in monetary terms. For example, party 1 wants to collect money from party 2. This is how the preliminary calculation looks like:
The main debt is 50,000 rubles.
Interest for delay - 3000 rubles.
Costs for a lawyer - 10,000 rubles.
50000 + 3000 + 10000 = 63000 rubles.
Find the details of the court and pay the fee. The website and the court office store the details for which the plaintiff pays the fee. If you provide incorrect details, the court will refuse to consider the claim. Details on the site are located in the "Reference Information" section
Compose the text of the claim
Start writing a lawsuit from the top, which is called the "cap". Enter the name of the court in which you are filing a claim. Below write the full name of the plaintiff, address of registration, phone number for communication.
Next, indicate the names and addresses of the defendants, third parties. At the very bottom of the header, write the price of the claim and the amount of the state duty. Write the name of the claim in the center. For example, “Statement of Claim to Establish Paternity” or “Statement of Claim for Recovery of Debt on Receipt”.
Now move on to the descriptive part. Describe the events, facts, and circumstances that are important for the case to be decided in your favor. Example: the plaintiff Sergeev lent money to the defendant Vasilyev in the amount of 15,000 rubles on December 15, 2019.
Then elaborate on how you can prove these events. For example, the defendant wrote a receipt, which is now kept by the plaintiff. The plaintiff is ready to show the original receipt in court.
After the pleading part, a section with applications is written. List the documents that you mention in the claim and that you submit to the court. At the very bottom, put the date, last name with initials, signature.
Check What You've Written and File a Claim
The claim must contain many facts and circumstances that prove the position of the plaintiff and his claims. Judges do not like if the text contains a lot of unnecessary emotional phrases or quotes. If you want to add emotions, do it in person, at a court session. Separate paragraphs from each other, do not use more than 3 sentences in a paragraph.
A lawsuit can be filed in 3 ways:
1. Personally, through the office of the court.
2. By registered mail with a list of attachments through the mail of Russia.
3. Through special sites on the Internet.
We advise you to file a claim in person, through the office. In this case, the secretary checks the attachments, points to possible mistakes. It also checks whether the state duty has been paid correctly. You can send by mail if you can’t come to court.
If you are used to working at a computer, then file a claim with in electronic format. To do this, use the sites "Electronic Justice" - to file a lawsuit in court general jurisdiction or “My arbitrator” if you are applying to court of Arbitration. To work with these sites, register on the State Services portal, it's free.
Do not forget to attach to the claim copies of the applications for the defendant, the court and for third parties. After 3-7 days, the secretary of the court will send these sets of documents to the parties. You will not be charged for sending these emails.
The plaintiff is obliged to independently, at his own expense, send out a statement of claim with attachments to other parties - if the claim is filed with the arbitration court. Remember that the day of filing a claim is the day on which the letter is sent.
In the office, you must show the original power of attorney with judicial authority if the claim is filed not by the plaintiff, but by his relative, friend or lawyer.
Find out which judge the lawsuit was assigned to
After filing a claim, the court must register it. After 2-3 days, the statement of claim with all attachments will be handed over to one of the judges, if everything is drawn up correctly,
Check with the court office or website to find out which judge will hear the case. See also the date of the first meeting.
If there was an error in the documents, then the judge may:
1. Return claim
2. Leave the claim without movement
The plaintiff is given 1-14 days to correct the error if the claim is left without movement. Here are examples common mistakes: forgot to attach a copy of any document or made a typo in the name.
If the claim is returned, then there are gross errors in the text or the plaintiff has stated requirements that do not comply with the law. Or it could be that the lawsuit was filed in the wrong court. After that, wait for the first meeting, if you followed our recommendations correctly.
Remember the main thing:
- First, find the jurisprudence for your situation to know the chances of success.
- Calculate the amount you will be asking for in the claim.
- Decide what else you will ask for, besides money: for example, the restoration of rights, the establishment of a communication procedure, the restoration of a deadline, etc.
- Find sample claims for your situation on the Internet or order from a lawyer.
- Fill in all the data in the sample, provide additional arguments and evidence, if you have them.
- Calculate and pay the state duty.
- Make copies of all documents according to the number of parties, print and sign the claim. Now you can apply to the court through the court office or by letter.
In July 2011, the President of the Russian Federation D. A. Medvedev approved the “Fundamentals public policy of the Russian Federation in the field of development of legal literacy and legal awareness of citizens”, which are aimed at the formation of a high level legal culture population, traditions of unconditional respect for law, order and court, as well as to overcome legal nihilism in society.
The objectives of the state policy are:
1) formation in society of sustainable respect for the law and overcoming legal nihilism;
2) raising the level of legal culture of citizens, including the level of awareness and legal literacy;
State policy is carried out in the following main areas:
1) legal education and legal information of citizens;
2) development legal education and educating the next generation educational institutions different levels through the introduction into the educational process training courses, programs, teaching materials that provide knowledge in the field of law;
3) transformations in the spheres of culture, mass media, advertising and publishing activities aimed at creating a high level of legal culture and legal awareness of citizens;
4) improvement of activities in the field of providing qualified legal assistance, including the creation of an effective system of free legal assistance.
In this regard, within the framework of legal informing of citizens, the lawyer of the Center legal information MUK "MIBS" provides information on how to properly file a statement of claim in court.
Very often in Everyday life we are facing the problem of filing a claim. When do you need to file a claim? You need to apply when all possible ways of pre-trial settlement have been exhausted. The appeal of a citizen to the court is most often associated with the restoration of his violated right, or the establishment of obligations for third parties (for example, reinstatement at work, determining the procedure for using residential premises).
lawsuit in civil process is called the appeal to the court of an interested person with a requirement to protect a violated or contested right or legally protected interest by resolving a dispute about the right. The claim serves as a procedural means of resolving a dispute about the right between the parties to a substantive legal relationship. Before drawing up a statement of claim, it is necessary to analyze the situation, assess the prospect of satisfying the claim. In some cases, it is important to collect additional evidence before filing a claim with the court, otherwise the opposing party may destroy such evidence (for example, medical card, letters, photographs).
Preliminary legal analysis of the situation.
The statement of claim must be drawn up in strict accordance with the requirements of the law. Violation of such requirements will lead to the fact that the judge will issue a ruling to refuse to accept the statement of claim or leave it without movement. In order for the judge to accept the statement of claim for consideration and make a positive decision, it is important to correctly draw up a claim and attach only required documents- evidence. 90% of success in resolving a case depends on the text of the claim itself. If the claim is drawn up incorrectly, incompletely, does not contain the subject of the dispute, evidence, justification for the need to go to court and many other important components, the judge may decide to refuse to satisfy the requirements, and the second time it is no longer possible to go to court on the same issue.
How to file a claim. Claim requirements.
Remember: the form and content of the statement of claim must comply with Articles 131 and 132 of the Civil Procedure Code of the Russian Federation (CPC RF). Failure to comply with these conditions will result in refusal to accept a claim judge or leaving him motionless.
1. The statement of claim must be filed with the court in writing.
The number of copies - according to the number of parties indicated in the statement of claim. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court. It is important that after submitting the documents to the court, you have a copy of the statement of claim with a court mark that it was accepted and when exactly (date). If you send a claim to the court by mail, we advise you to send a registered or valuable shipment with a return receipt (so that you have proof that you sent and received the documents by the court).
2. The statement of claim must contain:
1) name of the court to which the application is submitted;
2) plaintiff's name, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;
3) defendant's name, his place of residence or, if the defendant is an organization, its location;
4) nature of the violation(threat of violation) of the rights, freedoms or legally protected interests of the plaintiff and his claim. Requirements set out in the statement of claim in legal language are called the subject of the claim. It is most important for the statement of claim and for the entire civil case as a whole;
5) circumstances on which the claimant bases its claim, and evidence confirming the circumstances stated by the plaintiff. These circumstances are cause of action. It should be remembered that the main feature civil litigation is that in it each of the parties must prove its case on its own. As a plaintiff, you have the primary burden of proof because you initiate the process. Therefore, it is necessary to indicate and then attach to the statement of claim the maximum amount of evidence. Evidence is information about facts obtained in prescribed by law the procedure on the basis of which the court establishes the presence or absence of circumstances substantiating the claims and objections of the parties, as well as other circumstances that are important for the correct consideration and resolution of the case.
In part 1 of Art. 55 of the Code of Civil Procedure of the Russian Federation provides for the following types of evidence: explanations of the parties, explanations of third parties, testimony of witnesses, written and material evidence, playback of audio and video recordings, expert opinions. Part 2 Art. 55 of the Code of Civil Procedure of the Russian Federation contains a ban on obtaining evidence in violation of the law (that is, any illegal means: deceit, threats, torture, violence, falsification, forgery of documents, etc.). Evidence obtained in violation of the law does not have legal effect and cannot form the basis of a court decision. Judge in the course of preparing the case for litigation if necessary, may, for its part, offer the plaintiff to provide additional evidence (clause 1, article 150 of the Code of Civil Procedure of the Russian Federation). Failure to provide this evidence does not prevent the further progress of the case. It must be borne in mind that each party must prove the circumstances to which it refers as the basis for its claims and objections.
Also, as a justification for their claims, it is recommended invoke a rule of law(a specific paragraph, paragraph, part, article of a specific normative act), although such an obligation is not established by law;
6) claim price if the claim is subject to evaluation, and calculation of recoverable or disputed sums of money. Claimants do not have problems when a sum of money or property, confirmed by documents characterizing its value, is collected directly. It is more difficult when the property is not appraised, not confirmed by documents that determine the value. In this case, it can be advised to focus on the market value that exists, ceteris paribus, at the moment. You can also use the services of independent appraisers who will determine the value of the property with almost 100% accuracy. When the property is not in possession, it is accordingly impossible to determine its value by visual assessment. Here you can recommend to indicate the approximate cost. It is impossible not to indicate the price of the claim in the event that it is subject to evaluation, since the formal sign of filing a claim will not be observed;
7) compliance information pre-trial procedure appeals to the defendant if it is set federal law or stipulated by the agreement of the parties;
8) a list of documents attached to the application.
The application may also contain other data of the plaintiff, defendant, representative: phone numbers, fax numbers, e-mail addresses, other information relevant to the consideration and resolution of the case, as well as the petitions of the plaintiff.
Documents attached to the statement of claim, defined by Art. 132 Code of Civil Procedure of the Russian Federation. Attached to the claim are:
– its copies in accordance with the number of defendants and third parties;
- proof of payment state duty;
- a power of attorney or other document certifying the authority of the plaintiff's representative;
- documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies;
- evidence confirming the implementation of the mandatory pre-trial procedure for resolving the dispute, if such a procedure is provided for by federal law or an agreement;
- Calculation of the amount of money to be recovered or disputed, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.
The claim consists of three semantic parts: introductory, descriptive, motivational, resolutive and final.
Introduction is located in the upper right part of the first sheet of the statement of claim and contains the following information: the name of the court where the statement of claim is filed, the name and address of residence of the plaintiff and the defendant, the price of the claim (in numbers and words), the amount of the state fee (also in numbers and words). The introductory part might look like this. To determine the amount of the state duty, it is necessary to use the rules provided for by the Tax Code of the Russian Federation. In order to pay the state fee, you will need bank details of the judicial authority where you are filing a claim. They can be obtained from the clerk of the court, as well as on the Internet site of this court (if available).
Descriptive part contains a description of the current situation. It sets out in detail the prerequisites for the emergence of the current situation, its circumstances, evidence confirming certain information, as well as evidence on which the plaintiff bases his claims. This part may also contain other information that is relevant to this case. For example, information characterizing the identity of the defendant, information about circumstances that are known to other persons (according to such and such a person), etc. In fact, this is the main part, since it is the most meaningful, voluminous.
Motivational part contains justification for the violation particular right with reference to the law. Here it is necessary to indicate what is violated, and also sums up what was said in the descriptive part of the statement of claim. It is important to note that shortcomings in the reasoning of the statement of claim can lead to an incorrect definition of the law that should be followed in resolving the case, which determines the definition of the subject of proof and the range of evidence presented, as well as the nature of the legal relations of the parties and the composition of the persons involved in the case. Otherwise, the decision may be made contrary to the actual circumstances of the case and not in favor of the plaintiff.
Operative part the claim contains the claims of the plaintiff to the defendant, outlining the plaintiff's appeal to the court to satisfy the stated claims. They should reflect the method of protecting the violated or disputed right, for example: I ask you to recover a certain amount of money as compensation for property or compensation moral damage. The operative part of the statement of claim may contain other information relevant to the resolution of the dispute. The operative part of the claim may indicate plaintiff's petition(a petition is understood as a written or oral request containing an appeal to the court to perform (refrain from committing) any procedural actions or decisions). For example:
– on taking measures to secure evidence (Articles 65, 66 of the Code of Civil Procedure of the Russian Federation),
- to secure a claim (Chapter 13 of the Code of Civil Procedure of the Russian Federation),
- on the reclamation of evidence (Article 57 of the Code of Civil Procedure of the Russian Federation),
- on sending a letter of request (Article 62 of the Code of Civil Procedure of the Russian Federation),
– on calling witnesses (Article 69 of the Code of Civil Procedure of the Russian Federation),
- on the appointment of an examination (Article 79 of the Code of Civil Procedure of the Russian Federation),
- on exemption from payment of the state duty, its deferral or installment plan (part 3 of article 89, article 90 of the Code of Civil Procedure of the Russian Federation), etc.
Final part The claim contains annexes to the statement of claim, the date and signature of the plaintiff or the representative of the plaintiff, if he has the authority to sign the statement and present it to the court.
The statement of claim to the judge can be filed at a personal reception or sent to the court by mail (by registered mail with acknowledgment of receipt). within five days from the date of receipt of the statement of claim by the court, the judge is obliged to consider the issue of its acceptance for court proceedings. On accepting the application for court proceedings, the judge issues definition, on the basis of which a civil case is initiated in the court of first instance (Article 133 of the Code of Civil Procedure of the Russian Federation).
State duty for a claim.
The state duty is calculated as the sum of payments for each property and non-property claim. Calculation of the state duty when filing a statement of claim in court is made in accordance with Art. 333.19 Tax Code RF. In addition, it is important to know that in some cases the state duty is not paid. From the payment of state duty in cases heard in courts of general jurisdiction, as well as justices of the peace, released:
1) plaintiffs - in claims for recovery wages(monetary allowance) and other claims arising from labor relations, as well as claims for the recovery of benefits;
2) plaintiffs - in claims for the recovery of alimony;
3) plaintiffs - on claims for compensation for harm caused by injury or other damage to health, as well as the death of the breadwinner;
4) plaintiffs - on claims for compensation for property and (or) moral damage caused by a crime;
5) organizations and individuals - for the issuance of documents to them in connection with criminal cases and cases on the recovery of alimony;
6) parties - when filing appeals, cassation complaints on claims for divorce;
7) organizations and individuals - when filing a lawsuit:
– applications for the postponement (installment plan) of the execution of decisions, for changing the method or procedure for the execution of decisions, for reversing the execution of a decision, for restoring missed deadlines, for revising a decision, ruling or ruling of a court due to newly discovered circumstances, for reviewing absentee decision the court that made the decision;
- complaints against actions (inaction) of the bailiff, as well as complaints against decisions on cases of administrative offenses issued by authorized bodies;
- private complaints against court rulings, including on securing a claim or on replacing one type of security with another, on terminating or suspending a case, on refusing to add up or reduce the amount of a fine imposed by a court;
8) individuals - when filing cassation complaints in criminal cases, in which the correctness of the recovery of property damage caused by a crime is disputed;
9) prosecutors - on applications in defense of the rights, freedoms and legitimate interests of citizens, an indefinite circle of persons or interests Russian Federation, subjects of the Russian Federation and municipalities;
10) plaintiffs - on claims for compensation for property and (or) moral damage caused as a result of criminal prosecution, including on issues of restoration of rights and freedoms;
11) rehabilitated persons and persons recognized as victims of political repression - when applying on issues arising in connection with the application of legislation on the rehabilitation of victims of political repression, with the exception of disputes between these persons and their heirs;
12) forced migrants and refugees - when filing complaints against a refusal to register an application for recognition as forced migrants or refugees;
13) authorized federal body executive power on control (supervision) in the field of consumer rights protection (its territorial bodies), public associations of consumers (their associations, unions) - on claims brought in the interests of a consumer, a group of consumers, an indefinite circle of consumers;
14) individuals - when filing applications with the court for adoption and (or) adoption of a child;
15) plaintiffs - when considering cases on the protection of the rights and legitimate interests of the child;
16) plaintiffs - on claims not property nature related to the protection of the rights and legitimate interests of persons with disabilities;
17) public organizations of the disabled, acting as plaintiffs and defendants;
18) plaintiffs - invalids of I and II groups;
19) veterans of the Great Patriotic War, combat veterans, veterans military service who apply for the protection of their rights established by the legislation on veterans;
20) plaintiffs - on claims related to violation of consumer rights;
21) plaintiffs - pensioners receiving pensions appointed in the manner prescribed by pension legislation of the Russian Federation, - on property claims against the Pension Fund of the Russian Federation, non-state pension funds either to federal authorities executive power, exercising pension provision individuals who have served in the military.
STATE DUTIES FOR CASES CONSIDERED IN COURTS OF GENERAL JURISDICTION BY MAJORS (Article 333.19 of the Tax Code of the Russian Federation).
1. In cases considered in courts of general jurisdiction, by magistrates, the state fee is paid in the following amounts:
1) when filing a claim of a property nature subject to assessment, at the price of the claim:
- up to 20,000 rubles - 4 percent of the value of the claim, but not less than 400 rubles;
- from 20,001 rubles to 100,000 rubles - 800 rubles plus 3 percent of the amount exceeding 20,000 rubles;
- from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles;
- from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles;
- over 1,000,000 rubles - 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles;
2) when filing an application for issuance of a court order - 50 percent of the amount of the state fee charged when filing a claim of a property nature;
3) when filing a statement of claim of a property nature that is not subject to assessment, as well as a statement of claim of a non-property nature:
- for individuals- 200 rubles;
- for organizations - 4,000 rubles;
4) when filing a supervisory appeal - in the amount of the state fee paid when filing a claim of a non-property nature;
5) when filing a claim for divorce - 400 rubles;
6) when submitting an application for challenging (in whole or in part) the regulatory legal acts of the bodies state power, bodies local government or officials:
- for organizations - 3,000 rubles;
7) when filing an application to challenge a decision or action (inaction) of state authorities, local authorities, officials, state or municipal employees who violated the rights and freedoms of citizens or organizations - 200 rubles;
8) when submitting an application for special proceedings - 200 rubles;
9) when submitting appeal and/or cassation complaint- 50 percent of the amount of the state fee payable when filing a claim of a non-property nature;
10) when submitting an application for re-issuance of copies of decisions, sentences, court orders, rulings of the court, decisions of the presidium of the court of the supervisory instance, copies of other documents from the case issued by the court, as well as when applying for the issuance of duplicates executive documents- 4 rubles per page of the document, but not less than 40 rubles;
11) when applying for extradition writ of execution on the enforcement decisions of the arbitration court - 1,500 rubles;
12) when filing an application for securing a claim considered in an arbitration court - 200 rubles;
13) when filing an application for the annulment of the decision of the arbitration court - 1,500 rubles;
14) when submitting an application for the recovery of alimony - 100 rubles. If the court decides on the recovery of alimony both for the maintenance of children and for the maintenance of the plaintiff, the amount of the state fee is doubled;
15) when submitting an application for awarding compensation for violation of the right to legal proceedings in reasonable time or performance rights judicial act within a reasonable time:
- for individuals - 200 rubles;
- for organizations - 4,000 rubles.
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How to file a claim.
The statement of claim (signed and dated) can be presented directly to the court office, or sent to the court by valuable (with a list of documents) or registered mail with notification. The court will receive a valuable letter a little later than a registered letter, but the indicated inventory of the documents sent, controlled by the post office or a courier organization, is sometimes very necessary.
To apply to the court, you can seek qualified legal assistance from a lawyer. You can compensate for the money spent on the services of a professional lawyer at the end of litigation at the expense of the person who lost the lawsuit.
It is important when drawing up a statement of claim to clearly formulate your requirements, to positively present evidence. You can be informed about all the intricacies of writing a statement of claim by a lawyer of the Legal Information Center of the Central City Library for a consultation. The lawyer of the Legal Information Center will draw up a competent statement of claim for you in your interests, and indicate only those facts that will help achieve a positive result.
Lawyer of the Center for Legal Information - Petrova Irina Vladimirovna.
The desire to write a lawsuit in court independently arises in many people who have to deal with judicial system. This is not surprising, especially if you know how much it costs to file a lawsuit in court. But most lawsuits written by people with no experience in the field of law are not accepted by the courts. This is due to the fact that in order to write such a document, people try to find a sample of it on the Internet or in court. But this is not enough to understand how to correctly draw up a statement of claim in court. There is no sample of such a document in which you can simply enter your first and last name, since each specific case has its own nuances that significantly affect the content of such a document.
In addition, the statement of claim is drawn up according to strict rules established by law, which can not always be learned from the example ready statement. Therefore, in order to draw up a competent reasoned claim, which will be accepted court from the first time, you need to understand the principle of compiling such documents, which will be discussed in this article.
Definition of violated rights
A lawsuit is the most effective way to protect your rights today. But, before you draw up a statement of claim in court, you need to have a clear idea of what legal rights have been violated, as well as how, in your opinion, the court should protect them.
For the purposes of writing a lawsuit, it is important to distinguish between two main types of rights: property and non-property. Property - these are the rights of participants in property legal relations, for example, arising from the conclusion of a contract for the sale of a house. Non-property - human rights not related to property, for example, the right to fatherhood or motherhood.
The procedure for calculating court fees, as well as the rights of the plaintiff and the defendant, depend on the nature of the claim.
For example, you entered into a supply agreement, made an advance payment, but it was not delivered within the period established by the agreement. In this case, your property rights. You can protect them in different ways, depending on what you want. You can oblige the defendant to fulfill his obligations, you can force him to return the advance, or you can still oblige him to pay compensation.
Types of civil claims and wording of claims
The civil court satisfies the claim, according to the requirements formulated in the statement of claim. Such requirements must be formulated even before writing the claim, since its argumentation will depend on this. It should be understood that the court can satisfy only those requirements that correspond to the procedural powers of the court. And the powers of the court, in turn, depend on how the rights of the plaintiff are protected.
There are several types of civil claims, depending on the nature of the claims. So, civil action may be:
- “On recognition of a right” – the court may recognize the right of the plaintiff, which is disputed, for example, the ownership of a residential building.
- "On the award of the right" - the court may award in favor of the plaintiff money or other material values such as child support.
- “On the transformation of law” - in some cases, established by an agreement or law, the law may change. If someone objects to the change of such a right, a claim for transformation is filed. For example, the tenant in some cases acquires ownership of the leased object. If the landlord refuses to transfer the object to the property voluntarily, a lawsuit is filed. In such cases, the court may recognize the acquisition by the plaintiff of a wider scope of rights.
It is necessary to formulate the claims in accordance with the type of claim, for example, if the claim is “for recognition”, the claim should look like this: “I ask you to recognize my right to ...”
The structure of the claim
Any statement of claim consists of introductory, motivational, and pleading parts.
The statement of claim should begin with a heading, where the name of the court, the full details of the parties (full name and addresses of the plaintiff, defendant and third parties), the price of the claim must be indicated.
Behind the heading in the center of the page, write “statement of claim”, and under it briefly describe the essence of the claim, for example, “on the award of child support”.
Introductory part of the statement of claim
The introductory part should describe the actual events, preferably in chronological order, during which the plaintiff's rights were violated. Outline what measures of pre-trial settlement of the conflict were taken: correspondence, negotiations, filing claims, etc. At the same time, in the introductory part, it is necessary to state only facts that can be confirmed by the evidence you have, or evidence that can be demanded from other persons.
Motivational part of the claim
The motivational part should state why you believe that your rights have been violated as a result of the actions or omissions of the defendant set out in the narrative part. Here it is necessary to argue in detail and at the same time concisely your legal position, based on the evidence and norms of the current legislation. You should also state the defendant's position, if you know it, and give your counterarguments.
Pleading part of the application
The pleading part is the shortest, it begins with the word “please”, located in the center of the page, followed by a paragraph listing the claims, based on the nature of the violated rights and the desired method of their compensation.
In the pleading part, you can indicate not only the requirements for the defendant, but also some petitions to the court that should be considered at the time of the decision to initiate a civil case. For example, an application for payment of the state fee in installments or exemption from such payment.
Completion of the claim
In conclusion, you need to list all the evidence attached to the claim as additions, and sign the document, putting the date and signature. The date, as a rule, is placed on the lower left, and the signature is placed on the lower right. Applications should be listed in the order in which they appear in the document package. If the attached document consists of several sheets, their number should be indicated. Mandatory attachments to the statement of claim must be a receipt of payment of the state fee or a document confirming the exemption from its payment, and copies of the statement of claim with additions, in the amount of one for each defendant and third parties, if any.
Features of claims against insurance companies
To sue insurance companies, you need to take into account some features of such cases. First you need to understand how to file a lawsuit against an insurance company. A sample of such a statement can be taken as a basis - the one that, in its content, is most suitable for your legal relationship. But such a sample, no matter how well it was drawn up, requires careful revision.
At litigation with insurance companies, one must not make a mistake with the choice of the defendant. The point is that they themselves Insurance companies, especially small ones, rarely conclude insurance contracts personally, but act through insurance agents and brokers. At the same time, both the broker and the insurance agent act solely on behalf of the insurer, and the fulfillment of the terms of the contract is also entrusted to him.
Thus, the client can obtain an insurance policy without personally visiting the office of the insurer and theoretically without even knowing it. legal address. Thus, an insurer from Moscow can conclude insurance contracts in Ust-Urengoy through a broker. In such cases, the claim should be filed only with the insurer at its location.
In order to correctly draw up a statement of claim to the court, it must be taken into account that the relationship between the insurer and the insured person is regulated within the insurance contract, and therefore the claims of the plaintiff must be argued by the defendant's non-compliance with one or another clause of the contract or inconsistency with its law. You also need to take into account that sometimes the insurance contract does not prescribe some of the rights and obligations of the insurer, which are established by law for any insurance contract.
Features of claims for the division of property
When a married couple gets divorced, the problem arises of the division of property acquired during the marriage.
Often, spouses fail to resolve this issue peacefully, and they have a question about how to draw up a statement of claim in court on the division of property.
Such a claim is property, and therefore requires the determination of the price. The price of the claim in this case will be the value of the property that the plaintiff wants to keep.
It is important to consider here that if the cost of a TV or refrigerator can be determined from a receipt from a store, then an appraisal will be required to determine the value of an apartment or car. In such a lawsuit, it is possible to demand the division of only existing property at the time of going to court. It follows from this that the plaintiff must prove that the thing he wants to sue is actually present in the defendant. The division of property must be equal, therefore, if the plaintiff wants to receive most of the property, he will have to compensate the difference to the defendant, for which, when filing a claim, he should deposit the appropriate amount of money into a special deposit account of the court.
How to file a claim in court for the return of funds?
The specifics of drawing up such a claim depend on the grounds for a refund. If we are talking about debt recovery, you will need a document confirming the debt obligation, for example, a receipt or a loan agreement. The presence of the original receipt from the plaintiff indicates non-repayment of the debt. In the case of a loan agreement, the defendant will have to prove payment of the debt with receipts. In the statement of claim, it is important to indicate when the defendant received the money, as well as on what basis and when he should have returned it. You can also calculate the penalty and forfeit before filing a claim with the court. The return of money transferred for unfulfilled obligations can only be awarded on the basis of an agreement that provided for the defendant to provide the plaintiff with the result of his work of a certain quality and within a certain time frame.
Features of consumer protection claims
To protect your consumer rights, you need to be able to draw up a statement of claim in court. Protection of consumer rights through the courts will be effective only with the support of Rospotrebnadzor, which must first be addressed with a statement outlining the situation and with a request to bring the culprit to justice. The fact is that it is quite difficult to collect the evidence base for such a case on your own.
After all, only an expert can confirm the inadequate quality of the goods, and it is possible to establish inappropriate treatment of store employees or verbal deceit only by conducting an internal investigation, which a simple consumer cannot do. At the same time, Rospotrebnadzor has all the powers and mechanisms to conduct expert examinations and official investigations. And all this at the expense of the state. This is important, because an examination declared in court will cost the same as it costs to file a statement of claim in court for the recovery of hundreds of thousands of rubles. However, forensic examination may give an ambiguous conclusion.
Having on hand the results of the inspection of the regulatory authority in the field of consumer protection, it will be much easier to file a claim in court. In addition, it will be very difficult for the defendant to refute the facts established by such a check. To do this, he will need to order forensic examination, which in any case will have to operate with the same facts that Rospotrebnadzor established.
Thus, it is not so difficult to draw up a statement of claim to the court if you adhere to the required structure of the document, and take into account the peculiarities of the formation of claims and the evidence base in each category of cases. But no matter how well you understand the essence of the case, it is better to enlist legal support when going to court.
The presence of a sample statement of claim to the court will allow you to avoid major mistakes when drawing up a claim. The result of consideration of the application will depend on the accuracy of the information indicated in it, therefore, persons planning to file a lawsuit in court are advised to study this article, which describes in detail the rules for writing such an application.
Form and content of the claim
A lawsuit is a method of protecting a violated or disputed right. The statement of claim is recognized as a form of claim. Thus, the statement of claim acts as an external expression of the right of a citizen or legal entity to protect violated interests.
In order to correctly draw up a statement of claim in court, it is important to adhere to the rules fixed by the legislator in Art. 131 Code of Civil Procedure of the Russian Federation. According to the norms of this act, a statement of claim in court should be submitted only in the form of a written document.
Main points of the claim
The information included in the application must include:
- The name of the court to which the plaintiff is applying.
- Full name of the claimant. In this paragraph, it is important to indicate the address of the citizen's place of residence or the address details of the legal entity. We should not forget about entering information about the full name of the representative of the plaintiff and his address, if the statement of claim is submitted to the judicial authorities not by the plaintiff personally, but through an authorized representative.
- Full name of the defendant.
- The essence of the violation or threat of violation of the rights of the plaintiff, the basic requirements of the plaintiff.
- The price of the claim. The cost includes the amount of both recoverable and disputed amounts of money (See para. What is included in the price of the claim in the statement of claim? Claim price calculation ).
- Circumstances on which the claim was made.
- Evidence supporting the circumstances stated in the application.
- List of documents attached to the application.
- The date the document was created.
The required element of the claim is personal signature claimant. The law allows the possibility of signing the document by the representative of the plaintiff, if he is authorized to endorse the application and present it to the court.
Mandatory points of the claim filed by the prosecutor
If the claim is filed on behalf of the prosecutor for the purpose of protecting public interests, then it always indicates specific interests and violated rights. Wherein officials must provide links to regulations providing ways to protect the represented interests.
If the claim is filed by the prosecutor in order to protect the interests of a citizen, then the application includes information about the impossibility self filing claim by a citizen. If such information is not available, the civil servant may indicate that there has been a citizen's appeal to the prosecutor.
Additional clauses of the claim
The application may also include the contact details of the plaintiff, the plaintiff's representative or the defendant. The parties may submit their telephone numbers, email addresses or fax numbers.
The law also allows the inclusion in the statement of claim of other information that is important in the consideration and resolution of the case.
IMPORTANT! When filling in the data about the plaintiff/respondent, it is necessary to indicate their full name, address of residence and contact numbers so that the secretary can summon them to court.
Don't know your rights?
Do not confuse defendants / plaintiffs and third parties. The main difference between them is that third parties, as a rule, do not make claims regarding the subject of the dispute, and if they do, they are secondary parties.
Where can I find an example of a statement of claim (form)?
How to write a statement to the court, a consumer protection consultant can tell you.
An example of a statement of claim to the court. Application Structure
A typical sample of a claim filed by a citizen with the judicial authorities usually contains the following parts:
- Introduction. The introductory part assumes an indication of the names of the parties to the case, their addresses and contact details. The introductory part is drawn up as a separate column in the upper right part of the document. In the introductory part, the cost of the claim is noted.
- Description . Starts after specifying the name of the document. In this part, the plaintiff briefly but fully sets out the essential circumstances of the case and the content of the violated rights, referring to the norms of domestic legislation.
- Conclusion . In the operative part, the applicant summarizes all of the above and puts forward demands. Usually the final part of the statement of claim begins with the word "please".
The applicant also lists the documentation that he attached to the claim in order to prove the circumstances set forth in the main part of the application.
The date of writing the application is indicated in the lower left part of the document, and the plaintiff's signature with a transcript is put in the lower right part.
Sample application to magistrates' court
The structure of the claim in the Magistrate's Court is no different from the structure of the application in district court. The only feature is the correct indication of the name of the world court in the header of the claim. There is no need to indicate the full name of the justice of the peace in the application, even if you know that the consideration of the case relates specifically to its section.
The statement of claim must be accompanied by all materials proving the information set forth in the document. At the end of the claim, the applicant must put his signature.
Who can file a lawsuit in court?
Most companies that provide legal services to citizens offer assistance to clients in filling out a claim form.
Professional lawyers, who are well acquainted with the intricacies of entering information into the application, cope with this procedure quickly and without difficulty.
The situation is different if the application is filled in by the plaintiff personally. Citizens who did not have experience in from leaving the statement of claim, they may make various mistakes, the presence of which will make it necessary to rewrite the statement.
That is why it is recommended to entrust the verification of the finished application to a specialist.
Drafting a claim
Filling out a sample statement of claim to the court requires accuracy and care.
must be adhered to formal business style narration, and all the important circumstances of the case to state without unnecessary emotions.
You should not include in the content of the document a description of circumstances that are not related to the claim.
Requirements for the content of the statement of claim to the court
The information described in the application must be confirmed. Unsubstantiated information should not be included in the claim.
Pointing to certain circumstances, the plaintiff must substantiate them with references to laws or other normative acts. Documents referred to by the plaintiff (for example, cash receipts, civil contracts) must be attached to the application.
Thus, every citizen whose rights have been violated has the right to apply to the court for their protection by filing a statement of claim. The correctness of the claim will be one of the main factors influencing the decision taken judiciary following the review of the document.