A statement of claim for the recovery of damages by way of recourse is drawn up in accordance with the general rules established by the civil procedural legislation. Certain features are available only when setting out the factual circumstances of the case and the legal justification of the claims.
Cases in which an interested person can apply to the court with a recourse claim are recorded in Article 1081 of the Civil Code of the Russian Federation. For example, an employer has a similar right, from whom money was previously collected for harm caused by his employee in the performance of his job duties. The employer pays this money, but may subsequently recover the same amount from the employee in recourse. Drawing up a statement of claim for damages by way of recourse does not differ in essential features from other claims, it is carried out according to the general rules of civil procedure.
What to indicate in the statement of claim?
In the statement of claim, the plaintiff should indicate the name of the court, indicate the full name or names of the plaintiff and the defendant, record the addresses of the place of residence or location of each of them. You should also consistently state the circumstances on which the plaintiff's claims are based, give a specific regulatory justification for the claimed claim.
In the case of a recourse claim, the provisions of Chapter 59 of the Civil Code of the Russian Federation act as a normative basis (specific articles are selected depending on the circumstances of the case). When setting out the factual circumstances, it is necessary to describe the very incident in which the harm was caused, indicate the recovery of the corresponding amount from the plaintiff to the victim, as well as the regressive nature of this claim. The statement of claim ends with a list of documents that confirm the validity of the plaintiff's claims.
What should be attached to the statement of claim?
In addition to the general requirements for the attached documents set out in the Code of Civil Procedure of the Russian Federation, upon filing a recourse claim, all evidence that describes the initial incident should be collected. In addition, the plaintiff must attach the court decision on the basis of which the corresponding amount was recovered from him, confirmation of its actual payment or transfer.
So, if an employee caused damage while driving, and the damage was recovered from his employer, then the latter applies to the employee with a recourse claim and attaches to the claim all documents confirming the existence of an accident event, the amount of damage caused, and the fact that this damage was collected from the employer by the victim. In addition, it will be necessary to prove that the guilty employee was performing work duties at the time of the harm. Most of the documents that are needed in a recourse claim are already in the possession of the plaintiff, who participated in the consideration of the previous case as a defendant (against the injured person).
