In Russia, there is an opinion that it is impossible to go to court without the help of professional lawyers. But this is not the case. There is nothing complicated in the procedure of going to court itself, and the court can often solve many problems in a civilized manner. Try it, because you will not lose anything. Any citizen is able to defend his rights himself.
It is necessary
- 1. The Criminal Procedure Code and the Civil Procedure Code (depending on the category of your case);
- 2. computer and printer (or several sheets of A4 paper and a pen).
Determine which court to go to with your problem. If you are an individual and are filing a claim with an individual, then the court will be located in the area where you are registered. If the claim is against a legal entity, then your case will be considered by the court at the location of the legal entity. In addition, determine which court will take up your case. It can be a magistrate court, a district court, or a court of a federal subject. Categories of cases and their jurisdiction are clearly defined in the Criminal Procedure and Civil Procedure Codes.
Make a statement of claim. In it, you (the plaintiff) in a free form indicate what you accuse your opponent (defendant) of and what you want to get from him as a result of the satisfaction of the claim. The application must indicate:
1. the name of the court where the claim is being brought;
2. Full name of the plaintiff and the defendant, their place of residence;
3. the essence of the claim (what do you accuse the defendant of);
4. what you base your accusations on;
5. requirements for the defendant;
6. a list of annexes to the statement of claim.
The statement of claim is drawn up in triplicate and signed by the plaintiff.
Draw up annexes to the statement of claim. This can be your calculations (for example, the calculation of child support) or evidence expressed in writing.
Pay the state fee. You can find out about its size in court or at the nearest branch of Sberbank, where tax payments are accepted. There you will also find a sample receipt for payment of the state duty. Keep in mind that in some cases the state duty is not charged (for example, in labor disputes).
Fasten the statement of claim and take it to court or send it by mail (by registered mail with a list of attachments). If the application is accepted for consideration, you will be assigned a date for the hearing. If they do not accept, you will have to eliminate those shortcomings that the court will point out to you.
Take care of the evidence ahead of time. Collecting them is your responsibility. Evidence is considered: your explanations and explanations of the defendant, testimony of witnesses, written and material evidence, testimony of experts.