If a lawsuit is filed against you and the court invites you as a defendant, you automatically have the right to defense. The task of the plaintiff is to accuse you, your task is to prove your innocence. An objection to a statement of claim is possible only in civil proceedings (disputes over property rights, family matters, violation of labor laws, etc.).
Instructions
Step 1
An objection to a statement of claim is the defendant's denial of the lawfulness of the lawsuit (for example, you believe that the plaintiff has no right to your apartment) or a denial of one of the claims (for example, you agree that he has the right to your living space, but not all, but only half). There are two types of objections to a statement of claim:
• substantive - this is an objection refuting the claims of the plaintiff. Here the defendant refers to the norms of substantive law and objects to the validity of the statement of claim both in law and in fact. By objecting to the statement of claim in this way, the defendant must prove his non-involvement in the case and the absence of legal grounds for filing a statement of claim.
• procedural - this is an objection to the process itself, where the defendant's task is no longer to prove his non-involvement in the case, but to indicate the absence of legal grounds for the emergence and movement of the process as a whole.
Step 2
To write an objection to the statement of claim, first of all, carefully study the essence of the claim, the factual circumstances of the case and the rules of law to which the plaintiff refers. You must clearly understand what and on what basis you are accused.
File an objection to the statement of claim in the court at the place of consideration of the case.
When filing an objection in writing (by hand), indicate the following:
• which court are you going to
• name and address of the plaintiff
• name and address of the defendant
• the text of the objection itself (why you disagree), set out in free form
• it is advisable to refer to specific rules of law
• for the court to hear you, provide evidence of your case
• in the appendix provide a list of documents that you are attaching
• date and signature
Step 3
As evidence can be contracts, receipts, receipts, copies of which you must attach to the objection to the statement of claim. Be prepared to provide the originals at the request of the court.
Witnesses will help you prove your innocence, report them to the court.
In objection, you can apply with a petition (for example, for an expert examination).
Step 4
You can write an objection to the claim at any stage of the trial until the court has made a decision on the merits of the case.
Remember that it is your right, not an obligation, to disagree in writing with a claim. You can not write it, but defend your innocence in court in words.
