Reducing your claims means the same as dropping them out of them. The registration of this procedural action takes place both in writing and orally.
The plaintiff in the civil procedure has a fairly wide range of rights and responsibilities. In particular, he is given the right to increase or decrease the claims, waive them or end his litigation with an amicable agreement. The procedure for changing the amounts claimed is provided for by the civil procedural legislation. Reducing the claims against the defendant is allowed at any stage of the court hearings, but until the moment the court retires to issue its verdict.
A decrease in the claims means that the applicant partially waives them. According to the law, the complete or partial withdrawal of the claim entails legal consequences: the plaintiff is no longer entitled to bring a similar claim against the same defendant and for the same reasons. And the judge terminates the proceedings in this part of the claim.
If the reduction of the claim entails a violation of the law or the rights of other persons, then the court cannot accept the refusal from it. When the amount of the claim changes, the plaintiff has the right to a refund of the state duty.
The overpaid state duty is refunded on the basis of a written application. The money is transferred by the district tax office.
Verbal reduction of claims
The law does not contain strict rules for registration. The plaintiff has the right to reduce the claim orally, on the record in the minutes of the court session. During the process, the applicant or his representative stand up and explain that they want to reduce their claims and indicate how much (if the claim is property). When considering a non-property claim, the scope and nature of the waived claims are listed.
The secretary records the testimony about the reduction of the claim, and the plaintiff signs his signature in the minutes. At the same time, the court explains that the reduction of the claim is tantamount to a partial waiver of it and the proceedings in this part of the case ends.
Writing
You can reduce the claim by writing a statement or petition. The document must contain the following items:
- name of the court, - information about the participants in the process (surnames, names, patronymics, names (if a legal entity), addresses), - a request to the court and the scope of the reduced claims, - the signature of the plaintiff that the consequences of a partial withdrawal from the claim were explained to him.
In this form, the statement (petition) is attached to the case. Its filing is possible both during the court session and between hearings. In the second case, the application is submitted to the court registry.
The secretary of the office is obliged to transfer it for attachment to the case. The application is submitted according to the number of persons taking part in the process.
Judge's actions
A request to reduce the claim is always considered in a court hearing with the participation of the parties. The court listens to the opinion of opponents and only after that makes a decision. It is drawn up in the form of a ruling on the partial termination of the proceedings. If the refusal of the claim is impossible, since it contradicts the legislation, then the court refuses to accept it.
