An increase in the amount of claims is the right of the plaintiff, his representative in civil or arbitration proceedings. Such an increase is made through the application of a corresponding petition, which is made out in writing.
One of the procedural rights that the plaintiff is endowed with in civil and arbitration proceedings is the right to increase the amount of claims. This possibility can be realized in any court in the only way - by filing a special petition to the judge, which will contain a request to increase the amount of the claim. The petition is submitted in writing, if necessary, the plaintiff provides the calculation of new claims in this document. As a rule, the said request is considered by the court immediately after its application, after which the plaintiff and his representative receive a decision to satisfy the request or to refuse to increase the requirements.
In what cases is an increase in claims required?
The increase in the amount of the claim must be justified by certain objective circumstances, as a result of which the amount of the claim could increase over time. For example, such a petition is often made when collecting a penalty for the delay in the performance of an obligation. In this case, interest may accrue during the entire trial, which may last for several months, which makes it necessary to increase the amount of monetary claims. The reason for the application for an increase in the amount of claims should be reflected in a written document, since the court, when considering this request, will certainly inquire about its objective grounds. In addition, the written request remains in the case file, therefore, in the event of an unlawful refusal to satisfy it, the plaintiff significantly simplifies the procedure for a possible appeal against a judicial act.
In what cases does the court refuse to increase the requirements?
The refusal to satisfy the declared petition to increase the requirements set forth in the statement of claim may be due to several reasons. The most common ground for refusal is an attempt by the plaintiff or his representative to substitute another petition or new claim by increasing the amount of the claim. So, when a new claim appears against the same defendant, which is in no way connected with the claim under consideration, the plaintiff will have to submit another statement of claim. In some cases, related claims are drawn up by a petition to change the subject of the claim, its grounds, but cannot be considered in the order of increasing the amount of the claim.
