An appeal to the Arbitration Court for the protection of violated rights is most often trusted by professional lawyers, since this entire procedure is regulated by the relevant laws of the Russian Federation. But, given the requirements listed in Art. 125 of the Arbitration Procedure Code of the Russian Federation, you can independently draw up a statement of claim, which will be accepted for consideration.
Instructions
Step 1
Start filling out the statement of claim by filling out the introductory section (according to the rules, it is placed in the upper right part of the sheet). Here are obligatory instructions:
- the name of the arbitration court, where the claim will be submitted for consideration;
- requisites of the plaintiff (full name, place of residence for individuals and full details, including information about registration, for the organization) and a contact phone number for urgent communication;
- the name of the defendant and his location;
- the price of the claim (excluding legal costs), if it is subject to assessment.
Step 2
Begin the main body of the document by placing the title "Statement of Claim" in the center of the sheet. And immediately below it, write the essence of the case, which will be discussed in the application. Here, according to the requirements of the Law, it is also necessary to indicate several mandatory points:
- the circumstances that became the basis for the filing of claims and provide evidence confirming the validity of the stated claims;
- calculation of the amount of money contested or proposed for recovery;
- your actions to resolve the dispute out of court (if such were provided for by the agreement or the Law of the Russian Federation);
- actions taken by the arbitration court to ensure the property interests of the plaintiff prior to filing a claim against the defendant.
Step 3
In the final part, list your requirements for the defendant, starting with the appeal to the Court with the word "Please". Highlight the request for the recovery of court costs in the case from the defendant (payment of the state fee, examination and services of lawyers) as a separate item.
Under the heading "Appendix" list the documents accompanying this application (their list is regulated by Art. 126 of the APC).
At the end of the document, indicate the date of its preparation, sign and decipher the full name.
