How To File A Statement Of Claim With A Magistrate

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How To File A Statement Of Claim With A Magistrate
How To File A Statement Of Claim With A Magistrate

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The Magistrates' Court under Article 23 of the Civil Code is competent in a number of common issues. For many cases, this instance becomes the first stage in the legal process. That is why it is important to know how to correctly draw up a statement of claim to a magistrate.

How to file a statement of claim with a magistrate
How to file a statement of claim with a magistrate

Instructions

Step 1

You can file a claim with a magistrate if your case is related to family disputes (divorce, division of property, etc.), the labor code, except for the restoration of work, compensation for damage (up to a certain amount) and other cases that are provided for by the code. If your situation does not appear on the list of the code, then it is worth writing a statement to the district court.

Step 2

The claim is filed in writing by personal appeal or by mail and written to the name of the judge, indicating the number of the judicial department to which you are applying. As a rule, this branch is chosen at the address of the defendant, not the plaintiff.

Step 3

Fill out the first part of the application, which is called the introductory and has the content corresponding to the title. Write down the name of the court, your name and address of your actual permanent location. The same applies to the data on the respondent. For reliability, indicate the phone numbers of both parties.

Step 4

Describe in the main part of the application the reason why you are going to court and on what basis you are accusing the defendant. The circumstances in which the offense occurred should be set out in detail and logically coherent. Try to write without grammatical, spelling and punctuation errors, not only out of respect for the representative of the law, but also so that your explanations are clear to the judge.

Step 5

In a separate block, write your requirements (they must be clearly formulated), on the basis of which article you demand to defend you. Describe what evidence you have and attach it to your application.

Step 6

Indicate the cost of the claim in the introductory part of the document, if it can be estimated in monetary terms. Write what actions were taken in relation to the defendant before going to court.

Step 7

Make a numbered list of the documents that you intend to attach to your statement of claim. At the bottom of the document, put the date of completion and your original signature. Decipher it. If a representative puts the signature, then do not forget to attach a document to the application that confirms his right to do so. Otherwise, the judge has the right to deny your request.

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