Judicial practice shows that many claims turn out to be insolvent, since they violate the rights of the defendant. In fact, the plaintiff presents unfair charges and claims, which the court must consider in the course of the proceedings and decide in favor of one of the defendants in the case. The law allows the defendant to defend himself at any stage of the issue. And such a form of defense as an objection to a claim makes it possible to refute the arguments of the prosecution at the very beginning of the process.
Instructions
Step 1
To begin with, you will need to prepare documents and information that allow you to prove the unfoundedness of claims against you from the plaintiff. Determine which of the two types of legal responses to the statement of claim you can use to protect your rights. These are substantive and procedural objections. The first option is a denial of the essence of the charges and requires proof of the erroneousness of the claims, confirmed by references to the normative legal acts of the current legislation. The second option does not refute the essence of the charges, but indicates the illegality of the claim on procedural grounds.
Step 2
When starting to file an objection, remember that its form can be arbitrary, but, nevertheless, it must contain mandatory information and is drawn up in the style adopted for business correspondence. Therefore, take as a sample one of the options for an objection on the desired topic posted on the Internet.
Step 3
After examining the sample, proceed to drafting your own objection to the claim that meets exactly your requirements, but observing the general form. First of all, indicate to whom your letter is addressed - the name of the court. In this part, reserved for the initial details, provide the details of the plaintiff and the defendant. For individuals - this is the full name, registration address and place of residence, telephones. For legal entities - name, details, contacts for communication (e-mail, phone, fax). Center the title of the document - "Objections to the Statement of Claim" - and briefly explain what the case is.
Step 4
In the main part of the document, describe the essence of your objections, describe the circumstances of the case and provide evidence of the unlawfulness of the charges or violation of procedural standards, based on your specific situation. In addition, here you must provide links to the articles of the law that allow you to appeal to the court. The documents confirming the validity of your allegations, list in the "Appendix" section. At the end, sign and date the document.
