Any citizen of the Russian Federation has the right to go to court with a claim for compensation for moral damage caused to him by the defendant. But difficulties with determining the amount of damage caused and drafting a claim make you seek help from experienced lawyers. Of course, they have invaluable experience that allows them to soberly assess the amount of harm and bring a claim, which makes it possible to hope for a positive decision. But you can draw up a statement of claim yourself.
Instructions
Step 1
There are no special requirements for the form of the statement of claim. It can be composed in simple writing. More stringent requirements are imposed on the content of the claim, which are listed in Article 131 of the Code of Civil Procedure of the Russian Federation. Violation of these requirements gives the court the right to refuse to consider the claim in accordance with Art. 136 of the Civil Code of the Russian Federation.
Step 2
Check out the samples of claims, of which there are quite a few posted on the network. However, you should not rely on their absolute correctness. Here, you will rather find the visual design of the document useful, on the basis of which, guided by the provisions of Art. 131, you can start drafting your document.
Step 3
Start by filling out the introductory section. There are several points here that must be indicated in the claim. Write on the upper right side of the sheet the name of the court to which the claim is being filed. Please enter the last name, first name, patronymic and home address of the defendant below. Immediately below it are your own details in a similar format. The amount of the claim (material damage) is also indicated in this part of the document. In the center of the sheet, place the name of the document and below it, describe in a few words the essence of your appeal.
Step 4
Start the main text of the statement by describing the motivation part. It must necessarily contain a description of the violated rights, with links to specific articles of the legislation of the Russian Federation. Describe how you were affected and the circumstances under which these events occurred. Please provide evidence that you are right. Please report any attempts to settle the dispute that have arisen, if any.
Step 5
Contact the court with a request to confirm the legality of your claims and to recover the specified amount from the defendant for the moral damage caused. In the final part, include a section with annexes in which you list all the documents that you must present to the court before proceeding with your case. This is primarily a receipt for payment of the state fee and a copy of the statement of claim according to the number of participants in the case. In addition, attach documents that, in your opinion, may be needed during the consideration of the case - calculation of the amount (in which the moral damage was estimated), certificates, testimony of witnesses, etc. Sign, decipher it in brackets and indicate the date of the document.
