How To Write A Claim For Non-pecuniary Damage

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How To Write A Claim For Non-pecuniary Damage
How To Write A Claim For Non-pecuniary Damage

Video: How To Write A Claim For Non-pecuniary Damage

Video: How To Write A Claim For Non-pecuniary Damage
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To go to court with such a difficult case as a claim for compensation for moral damage, it is necessary to correctly draw up a statement of claim. In this case, one should be guided by Article 131 of the Civil Procedure Code of the Russian Federation, which lists all the requirements for the content and form of such a document. If they are not observed, the court has the right to refuse you to consider the case on the basis of Art. 136 Code of Civil Procedure of the Russian Federation.

How to write a claim for non-pecuniary damage
How to write a claim for non-pecuniary damage

Instructions

Step 1

To get started, read the fragment of the statement of claim, which contains the introductory part of the document. In it, you must indicate the first three points from the list of mandatory to be placed in the claim. The first of them names the court to which the claim will be submitted for consideration. The next one is the name, surname, patronymic of the plaintiff and his address. The latter concerns the respondent and is filled out in the same manner. It will not be superfluous to write the contact telephone numbers for communication. In addition, here you can report the price of the claim. That is, the amount of moral damage and, if necessary, material damage

Step 2

The name of the document - "Statement of Claim" - place in the center and under it, briefly describe the essence of the appeal to the court: "on compensation for moral harm." Include the following mandatory clause in the reasoning of the claim. Describe, in a businesslike manner, what exactly is the violation of your legal rights and freedoms. What physical and mental suffering have been caused to you. Do not forget to refer to specific articles of the law and avoid emotional assessments of what happened. The next section should be devoted to a description of the circumstances accompanying the development of negative events, as well as to provide evidence of the legality of your claims against the defendant. In addition, do not forget to report your attempts at pre-trial settlement of the dispute, confirming them with documents

Step 3

In conclusion, ask the court to satisfy your requirements listed after the word "Please". The last of the mandatory sections of the application must contain a numbered list of attached documents (receipt of payment of the state fee, copy of the statement of claim, copy of the certificate, calculation of damage, etc.). At the very end, under the text, on the left border of the sheet, put the date and personal signature.

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