How To Make A Pre-trial Claim

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How To Make A Pre-trial Claim
How To Make A Pre-trial Claim

Video: How To Make A Pre-trial Claim

Video: 77: Pre-Trial Process for Civil Claims (Monologue) 2022, November

A claim is a written statement of a citizen about a violation or infringement of his civil rights. Filing a claim is a way of out-of-court resolution of a conflict between the parties. This procedure is applied only when regulating civil legal relations; in other sectors, such a procedure is not provided for by law.

How to make a pre-trial claim
How to make a pre-trial claim


Step 1

The claim procedure has been widely used in the consumer market, where various disputes between sellers and buyers often arise. These are mainly issues of replacing a low-quality product, repairing it, refunding money. The legislator says that it is mandatory to go through this procedure. This is done so that minor violations are eliminated at an early stage of their occurrence, thereby relieving the judicial authorities from a large influx of cases.

Step 2

In general terms, the claim is the same complaint with the amendment that it is sent not to the courts, but to its counterparty (the other party to the contract). In its "header" indicate the data about the person to whom it is addressed, as well as data about the applicant himself (surname, name, patronymic, home address, telephone).

Step 3

Then write the word "claim" in the middle of the line. Then move on to the text itself. First, briefly describe your situation. This is necessary in order for the person who received the claim to immediately grasp the essence of the matter and be able to promptly and competently respond to it. Next, indicate where and what violations of rights were committed, in what way they are expressed, what way out of the situation you consider acceptable for yourself.

Step 4

The claim must be made in writing. It must be personally signed by the applicant. Failure to comply with these requirements is considered gross violations of the order of its submission.

Step 5

Hand the finished claim personally to the offender, while he himself must make a note of receipt on its copy. You can also send a claim by registered mail with notification. In this case, the notification you received will be proof of its delivery.

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