A correctly executed statement of claim, taking into account all the requirements of the law, guarantees half of the success in the contested case. You can draw up a document yourself or ask for help from specialists.
Instructions
Step 1
Take a sheet of A4 paper. In the upper right corner, write the name of the arbitration court, its location. Next, enter your personal data, postal address along with the zip code, you can write contact information, phone number, fax number, e-mail address. After that, write down the details of the defendant and his residence address. Indicate the last name, first name and patronymic of the person, if it is an individual entrepreneur or the location of a firm, enterprise, organization, if a claim is brought against a legal entity.
Step 2
In the middle, write the name of the document, in this case "claim". Start outlining the essence of the case, write down the clauses of the law that the defendant violated (for example, in bankruptcy cases, you must be guided by the current legislation regulating this area). Give your reasons, the sequence of actions before going to court. Provide the most truthful information, try not to allow emotions. The information should be detailed, exclusively on the merits of the issue in question. If you combine several questions into one statement of claim, then distinguish between them, do not write about everything at once.
Step 3
Give the norms of law and specific points and articles of the law, on the basis of which you defend your right to claim. At the end of the document, after the word "Please", list the requirements for the defendant. Here you can indicate what you want from the arbitration court, what the dispute is and why you have filed an application. It is possible that the judge, having familiarized himself with the statement of claim, will be able to build the tactics of conducting the court session in advance, relying on the legislative framework related to the case.
Step 4
Sign and date the document. You must serve a copy to the respondent, a third party, with their assistance, and to the court. Therefore, it is advisable to prepare several copies in advance. You do not need to certify the application with a notary, your signature is enough. After familiarization, the defendant has the right to write an objection to the statement of claim in the same form, in which he will also give his arguments and can put forward counterclaims.
Step 5
Submit your claim to the office of the arbitration court and wait for the case to be scheduled for consideration. If all the requirements of the law are met and the document is written correctly and logically, your claim will be accepted for consideration within a month.
