A written appeal of a citizen to the judicial authorities is called a statement of claim. This is the primary document on the basis of which a decision will be made to initiate a court case. To prevent it from being returned to you as misdirected or incorrectly executed, it should be written correctly.
Instructions
Step 1
Resolving controversial issues through the courts is a competent way that guarantees citizens the justice and legality of the decisions taken during their consideration. Whether this judicial body will initiate a case on this issue depends on whether the jurisdiction of the case is correctly determined and how the claim is correctly drawn up, whether documents confirming the essence stated in it are attached. Therefore, before writing an appeal to the court, you should decide what exactly you want to achieve and whether you have sufficiently substantiated evidence of your innocence.
Step 2
First, find out if the deadline for filing a claim has expired, which depends on the essence of the case. In general, the limitation period is 3 years from the moment you learned about the violation of your rights. You should also clarify the jurisdiction of your case, i.e. which court should you apply to so that your application is accepted immediately, and you do not have to waste time and money paid for the state fee. General civil cases are heard by the magistrates' or district courts located at the place of residence of the defendant - the person to whom your claims are directed. And, in addition, a paid receipt for the amount of the state fee should be attached to the application, its amount depends on the essence of your case.
Step 3
When you know the exact address of the judicial authority, and you paid the state fee, you can draw up a written appeal to the court, guided by the norms established by Art. 131 Code of Civil Procedure of the Russian Federation. In the address part, indicate the exact address of the court, your full details: last name, first name and patronymic, residence address, telephone number or e-mail address, so that you can be contacted to clarify some questions if they arise. The address section should also indicate the details of the defendant and his contact information.
Step 4
In the main part of the statement of claim, you should clearly, logically, concisely and clearly state the essence of the case: what do you see as a violation of your rights or a threat to this, what is the essence of your demands. At the same time, it would be nice to give a link to those regulations and laws that in this case were, in your opinion, violated by the defendant. If you think that you have suffered material or moral damage, you should give it a quantitative assessment. You can also provide calculations of the amounts that you intend to collect or dispute. It is also necessary to indicate the information regulating the pre-trial procedure for contacting the defendant, if it is provided for by law or by agreement of the parties.
Step 5
The application should include a list of those documents that you attach to it to prove your case, or other information that you consider essential for the consideration of the case. Sign the application, give a transcript of the signature and put the date on which it was drawn up.
