Russian legislation obliges the defendant to submit a response to the statement of claim only in the arbitration process. However, it seems that it would be appropriate to state in writing your position on the case when the case is being considered in a court of general jurisdiction. This way, the court will best implement the principles of objective and comprehensive consideration of the dispute and reduce the time of the trial.
Response to the statement of claim - a document of a procedural nature, through which the position of the defendant on the merits of the dispute is stated.
The obligation of the defendant to submit a response to the claim, as well as the requirements for its content and design, are enshrined in Art. 131 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation).
The response is submitted directly at the hearing or sent by registered mail with acknowledgment of receipt. At the same time, it must be sent in advance so that all interested parties can familiarize themselves with it.
Copies of the response are sent to all persons involved in the case, therefore, it must be made in the number of copies corresponding to the number of participants in the process. Documents confirming the sending of copies of the response and the documents attached to it to the plaintiff and other persons participating in the case must be presented to the court.
The response to the statement of claim shall indicate:
- the name of the plaintiff, his location (residence);
- the name of the defendant, his location (residence), or the date and place of state registration as an individual entrepreneur;
- objections to each argument regarding the essence of the stated requirements, with reference to laws and other regulatory legal acts, as well as to evidence substantiating the objections;
- a list of documents attached to the revocation;
- phone numbers, fax numbers, e-mail addresses.
The response to the statement of claim is accompanied by documents that confirm the arguments and (or) objections to the claim. The review must be signed by the respondent or a proxy representative.
Sample response to the statement of claim: Arbitration Court of the Saratov Region 410001, Saratov, Babushkin Vzvoz, 1
Plaintiff: JSC "Strelok", Saratov, st. Vasnetsova, 23
Defendant: JSC "Vityaz", Saratov, st. Knyazevsky Vzvoz, 3b.
In case No. 44444
Against the statement of claim of the Open Joint Stock Company "Strelok" dated 06.12.2007 No. 8-108 / 29 to the Open Joint Stock Company "Vityaz" on the collection of a debt in the amount of 300,000 rubles. The court is proceeding with case No. 44444 on the claim of OJSC "Strelok" dated 06.12.2007 No. 8-108 / 29 to OJSC "Vityaz" for the collection of a debt in the amount of 300,000 rubles. and the cost of paying the state duty in the amount of 7500 rubles.
We consider the statement of claim not subject to satisfaction on the following grounds:
2006-02-08 under the contract for escort and protection of cargo No. 5556 dated 2006-08-01, the arrow of OJSC "Vityaz" was transferred the goods "household chemicals", which followed by road from point A to point B. tare was not revealed (act of acceptance - transfer No. …).
During the acceptance of the goods by the consignee at point B, a shortage of cargo was revealed.
There were no unlawful interventions by third parties along the route of the cargo, no facts of theft, damage to the accompanied cargo were revealed, which indicates the defendant's conscientious fulfillment of its obligations under the contract.
In addition, in violation of the Rules for the carriage of goods by road, the defendant, during the acceptance of the goods under protection, was not given the opportunity to verify the actual presence of the goods with the information of the documents accompanying the goods.
The plaintiff's arguments that the defendant received payment for the services provided and therefore is responsible for the loss of the goods does not have legal and documentary evidence.
Protection of civil rights, in accordance with Art. 12 of the Civil Code of the Russian Federation, can be carried out by way of compensation for losses.
Based on the foregoing, in accordance with Art. 168 of the APC RF, I ask the court:
Statement of claim of the Open Joint Stock Company "Strelok" dated 06.12.2007 No. 8-108 / 29 to the Open Joint Stock Company "Vityaz" on the collection of a debt in the amount of 300,000 rubles. and the cost of paying the state duty in the amount of 7500 rubles. leave unsatisfied.Application: 1. copy of the representative's power of attorney No. 36-D / 415 dated 11.09.2006;
2. a copy of the receipt for sending a copy of the response to the defendant. Representative of OJSC "Vityaz" S.A. Ivanov