If you feel that your rights have been violated. Feel free to make a decision and go to court for the restoration of justice. It is possible to send an application to the court without involving expensive lawyers, for this you need to take into account the main points of the legislation.
Instructions
Step 1
With all the complexity of the trial, you can submit an application to the court without the help of a lawyer, the question is how difficult the situation is. If the circumstances of the case are difficult to resolve and confused to understand, you should think about attracting a specialist in the field of law, since you will not be able to go to court twice with the same claim. With a full understanding of the situation and confidence in your abilities, boldly go to storm the judicial system.
Step 2
Determine the jurisdiction, that is, the court to which you will apply with the claim. The Civil Procedure Code of the Russian Federation will help you understand this issue, Articles 22 to 32 contain a complete list of courts and their jurisdiction. By and large, decisions on disputes between citizens are made in the magistrate or district courts, it all depends on the dispute itself and its expression in monetary terms. For example, an application for dissolution of a marriage between spouses will be considered by the magistrate's court, and if, upon dissolution of a marriage, a question arises about the place of residence of the child or the division of jointly acquired property in excess of 50,000 rubles, this is already the jurisdiction of the district court.
Step 3
Consideration of a claim by a court is not a free procedure and depends on the nature of the claim, as well as on the value of the claim, that is, on the amount claimed for the dispute. Therefore, it is necessary to pay a state fee for resolving the dispute in court. The amount and procedure for determining the state duty for magistrates and regional courts are enshrined in Articles 333.19 and 333.20 of the Tax Code of the Russian Federation. Details for paying the state fee are posted on the court's website or on an information stand in the courthouse itself.
Step 4
Next, go directly to the preparation of the application itself. You can compose it in free form, but always in compliance with the necessary requirements. The application must contain: the name of the court, the personal data of the plaintiff, the personal data of the person who is the defendant in the case. Personal data includes: written correctly and without abbreviations surname, name, patronymic, registration address and residence address, passport data (if possible). If several plaintiffs or defendants are involved in the dispute, indicate the personal details of each person participating in the case. The application itself describes the subject of the dispute and the current situation, if necessary, witnesses and their data are indicated. A detailed description of the disputed situation, observance of the chronology, reference to witness testimony and evidence will allow the court to understand the essence of the dispute, and the applicant does not miss significant details.
Step 5
Attach to the application copies of the application itself and copies of the documents attached to it, in support of the stated requirements. The number of copies must correspond to the number of persons declared to participate in the dispute resolution process. It is better not to attach the originals of the documents to the application at the time of its submission, but to provide the court for review during the proceedings, this will help eliminate the loss of documents. An application to the court can be submitted in two ways: taken in person to the court office or sent by registered mail. According to the Constitution of the Russian Federation, everyone is equal before the law and the court, make up your mind and boldly go to court for the restoration of violated rights.
