The response to the statement of claim can be drawn up both by the defendant and by a third party involved in civil or arbitration proceedings. This is a right, not an obligation, of the participants in the proceedings. The document must be completed before the hearing, so that the judge can examine the arguments and objections to the claim.
Instructions
Step 1
The legislation does not provide for a unified form of drawing up a response to a claim, therefore, when writing it, you need to be guided by legal practice. You can turn to the services of professionals or draw up a document yourself.
Step 2
In the upper right corner, indicate the name of the court in whose proceedings the case is, the number of the case itself, data of the plaintiff, third parties, data of the defendant, legal address. You can additionally write your e-mail address, phone number and fax number.
Step 3
Next, write the title with a small letter and state everything that you think is necessary on the merits of the stated requirements. Try to follow a logical sequence, refer to regulations, proof of your innocence. In addition, if you attach copies of any documents to the revocation, you will need to list them in the annex to the document. Indicate the numbering and attach to the statement of claim.
Step 4
At the very end of the review, put the date and signature. If the document is signed by your representative, it means that he must attach to the document a copy of the power of attorney, which authorizes him to such actions.
Step 5
You can send the document by mail, in this case it is better to issue a registered letter with a notification. Another option is to take it to the court, where to leave the document in the office or hand it over to the judge personally.
Step 6
Remember that you need to prepare copies of the response to the statement of claim according to the number of defendants, third parties and one copy for the court, it is attached to the case file. You can give the feedback to the plaintiff in advance so that he has time to study your objections, agree with them or refute them.
Step 7
Feedback is not a disagreement and not an excuse, but rather a competent written explanation and expression of one's own opinion and position on the case. At the same time, the person filing a response to the statement of claim may present claims in it and consistently, reasonably refute the claims of the plaintiff.
Step 8
When writing a review, try not to be guided by emotions, do not write anything superfluous, it should contain only facts that have direct legal significance for considering the case in your favor.
