How To Draw Up A Statement Of Claim Against A Bank

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How To Draw Up A Statement Of Claim Against A Bank
How To Draw Up A Statement Of Claim Against A Bank

Video: How To Draw Up A Statement Of Claim Against A Bank

Video: How To Draw Up A Statement Of Claim Against A Bank
Video: Making a Claim 2024, December
Anonim

It is not only banks that have a reason to file lawsuits against their borrowers. Quite often, borrowers also have disputes with a financial institution. As a result of these unresolved issues, many clients also file their claims against the bank. Only now, not everyone knows how to correctly arrange them.

How to draw up a statement of claim against a bank
How to draw up a statement of claim against a bank

Instructions

Step 1

Any statement of claim has a fairly standard form and is governed by article 131 of the Civil Procedure Code of the Russian Federation. So, you must draw up a statement of claim to the bank in writing. On your application, you must include the name of the court to which you are submitting your claim. Next, you need to indicate your contact information as a plaintiff about the case. This section includes the last name, first name, patronymic of the plaintiff, place of residence (both legal and actual).

Step 2

Be sure to also indicate who you are filing your claim against. Since the bank acts as the respondent in your case, write down its full name and location. Then be sure to indicate the essence of your claim. That is, you need to describe what exactly the disputable situation between the financial institution and you is (it is advisable to attach proof of gross violation of your rights and freedoms to the claim).

Step 3

Do not forget to indicate in detail the circumstances on which your claims to the bank are based (again, preferably with evidence). If you want to receive any compensation from a financial institution (for moral or physical harm from its claims), then describe in detail the amount and a preliminary estimate of your damage.

Step 4

There is such a section, especially concerning relations with the bank, as a pre-trial appeal to the defendant. You need to be sure, even before writing a statement of claim, to contact the bank with your complaint. If they gave you an incorrect answer or simply ignored your request, then attach all the papers that correspond to this fact.

Step 5

Be sure to write down all the attached documents in your application so that later there will be no problems with the missing documents. Also, as additional information from the "for communication" section, write down the address of the respondent, the name and regalia of the person responsible for your question, telephones and faxes, as well as e-mail. You also need to specify your initial information as fully as possible.

Step 6

Don't forget to sign such an important document. By the way, a statement of claim against the bank is drawn up in the same way without the participation of a court. In this case, it is not necessary to indicate the name of the judicial authority.

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