How To Withdraw A Claim From Court

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How To Withdraw A Claim From Court
How To Withdraw A Claim From Court

Video: How To Withdraw A Claim From Court

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If you decide to file a lawsuit but change your mind during the trial, don't worry. By law, as a plaintiff, you can withdraw a lawsuit, that is, a statement of claim, at any stage of the legal process. The withdrawal procedure and its consequences are determined depending on the stage at which the case is considered.

How to withdraw a claim from court
How to withdraw a claim from court


Step 1

If the court has not yet accepted the application for proceeding, it means that the actual acceptance of the claim has not yet taken place. In this case, send an application to the court that you want to withdraw the sent document, indicating the subject or reason for which the claim was sent. In this case, after receiving your claim, the judge will decide whether to return your claim. When you return the claim, you will receive all the documents attached to it, and a document confirming the fact of payment of the state fee. Check that you are also given a certificate, on the basis of which you can return the paid state duty from the budget.

Step 2

In the case when the application has already been accepted for production, a preliminary court hearing will be scheduled. You can send an application to the court even before the session itself, but the decision to withdraw the claim will be made only in its process. If you want to drop the claim, file a written application with the court or state it orally. In this case, the secretary will make an entry in the minutes that the plaintiff has announced the withdrawal of the claim. Be sure to sign this protocol.

Step 3

The court analyzes the reasons indicated by you for which the refusal was made, and on the basis of this distributes the court costs in one order or another. If the defendant satisfies all claims voluntarily after the claim has been accepted for consideration, he will reimburse the state duty. If the court accepts the waiver of the claim, the judge must decide to discontinue the case. Please note that if you want to go to court with the same question and the same defendant, it will not be possible to do so according to the law. Therefore, before filing a claim, consider whether you are confident in your statements and whether you are ready to continue legal proceedings on this issue.

Step 4

In addition, remember that the court will not accept an application to withdraw the statement of claim if this would violate the interests or rights of third parties. This procedure for withdrawing a statement of claim applies regardless of which civil lawsuits you withdraw.

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