A statement of claim in court is one of the means to achieve the debtor's fulfillment of his obligations, which does not go beyond the constitutional field. At the same time, it is quite effective: many debtors strive to pay off the debt before the trial, trying to avoid the seizure of property, car, real estate.
Instructions
Step 1
Submit an application to the court at the place of residence of the debtor or creditor. Prepare in advance all available documents confirming the fact of debt: receipts, contracts and other documentation. These documents must be attached to the drawn up application when filing with the court.
Step 2
In the header of the application, write the name of the court to which the claim is being filed. Then indicate the personal data of the plaintiff (creditor): last name, first name, patronymic, residence address, contact phone number. On the next line, indicate the name and address of the defendant (debtor). After that - the amount of the claim. Include in the amount of the claim not only the debt, but also interest and fines (if they were provided for by the contract), the court costs of the creditor and the costs associated with the pre-trial return of this debt.
Step 3
Further, after the heading "Statement of Claim", describe in detail your credit relationship with the debtor. Indicate: how and when you agreed to lend, how and in what amount, you transferred the money to the borrower, what documents were drawn up and what conditions for repayment were agreed upon. Tell us the essence of the charges: either the debtor did not pay the required amount, or missed the due date. In this case, refer to the attached documents, which in the eyes of the court will confirm the creditor's correctness.
Step 4
Then, based on the above, indicate the requirements for the debtor. Describe the amount of the claim: the amount of the principal debt, the amount of interest and penalties, their calculation, the amount of legal costs and documentary evidence of these costs. Write that in order to secure the claim, you require the seizure of the debtor's property. At the bottom of the statement, list all the documents attached to the claim.
Step 5
The text of the statement of claim should convey the essence of events and requirements concisely, in essence, without unnecessary reasoning and deviations. When proving your case, refer to the relevant articles of the Civil Code. For a reasonable fee, a professional lawyer will help you to competently draw up a claim. If you wish, you can hire such a lawyer to fully support the case in court, and include the costs of a representative in the amount of the claim.
