The response to the statement of claim is a document in which the person who is the defendant in the case sets out his arguments in relation to the claims brought against him. It is the plaintiff's right to file a revocation, not an obligation. The significance of this document is important for the legal process. When making a decision, the court takes into account both the submitted statement of claim and the response received on it.
Instructions
Step 1
The procedure for drawing up a response to the statement of claim is determined by Art. 131 of the Arbitration Procedure Code of the Russian Federation. It states that the response must be submitted in writing to the court, to which the statement of claim was filed with copies according to the number of persons involved in the case.
Step 2
When writing a response to a statement of claim, first of all, it is necessary to indicate the name of the court to which it is sent, the person (defendant), from which the response follows (last name, first name, patronymic, residence address, e-mail address and contact phone number, if any), indicate the plaintiff and his data, as well as the data of other participants in the process.
Step 3
The hardest part follows. You need to carefully study the statement of claim itself, find strengths and weaknesses in it, identify those facts that you can refute. A lawyer who has special knowledge and experience in handling such cases will cope with this task more quickly and efficiently.
Step 4
The text of the response must contain an indication of the previously filed statement of claim (a brief description of the situation). This will immediately clarify before the court the question of what case he entered. Then state your counter-arguments and interpretations of the facts described in the statement of claim. Attach written or other evidence of the facts specified by you to the revocation (file a petition to request the evidence you need, if it is impossible to obtain it yourself).
Step 5
Sign the completed review. By law, it must be signed by the defendant personally or by his representative. If a representative signs a response, a power of attorney must be attached to it, which confirms his authority.
Step 6
After that, the response to the claim is submitted to the court to which the claim was previously filed (with copies according to the number of persons who are participants in the case). In the arbitration process, a response to a claim may be sent by mail, registered mail with notification.
