In order to win a case in court, it is very important to properly file a statement of claim. An incorrectly executed claim may, firstly, not be accepted, and secondly, in the statement of claim the plaintiff sets out all his requirements and presents evidence. The outcome of the process largely depends on how they are presented.
Instructions
Step 1
Depending on the nature of the case (civil or arbitration), the form and content of the statement of claim depend. They differ in detail, but these differences are of great importance for the correct execution of the statement of claim. Any application is submitted in writing.
Step 2
A statement of claim in a civil case should look like this:
1. at the top right, the name of the court to which the application is addressed, the name of the plaintiff and his place of residence (or location, if it is a company), the same information about the defendant are indicated. 2. in the middle of the page the heading is written - "Statement of Claim". 3. Further there is a descriptive part, in which you need to indicate what the violation of your rights was, what are your requirements, what is the evidence of the violation of your rights. It is very important here to refer to articles of laws. 4. after the descriptive part is the price of the claim (if it is subject to assessment, for example, you collect 10,000 rubles from the counterparty under the agreement, then the price of the claim is 10,000 rubles). at the very end there is a list of documents attached to the statement of claim. These include copies of the statement of claim (their number should be equal to the number of plaintiffs, defendants and third parties), documents confirming the circumstances on which the plaintiff bases his claims and their copies, a receipt for payment of state fees, calculation of the amount recovered, power of attorney for a representative (if there is one).
The statement of claim must be signed by the plaintiff.
Step 3
A claim in an arbitration case is drawn up in approximately the same way as a claim in a civil one, however, in the information about the plaintiff, it is necessary to indicate, among other things, the date and place of his birth, if he is an individual, his place of work or data on registration as an individual entrepreneur, data for communication (telephone, fax, e-mail). The statement of claim may contain petitions, including petitions to obtain evidence from the defendant or other persons. The plaintiff independently sends to other persons participating in the case (the defendant, third parties) copies of the statement of claim and the documents attached to it by registered mail with acknowledgment of receipt. Accordingly, notices of service are attached to the statement of claim prior to filing with the court. Copies of certificates of state registration as an individual entrepreneur or legal entity, extracts from the Unified State Register of Legal Entities (USRLE) or the Unified State Register of Individual Entrepreneurs (USRIP) are also attached to it. Extracts must be received no earlier than 30 days before the filing of the claim.
