If you believe that the claim against you is unfounded, you have the right to file an objection to the claim. An objection should be distinguished from a counterclaim, which gives rise to independent legal proceedings. Rather, it is a response, which is one of the remedies for the defendant against the plaintiff.
Instructions
Step 1
Read the statement of claim and determine what evidence (documents, evidence) you can present in order for your objection to be substantiated.
Step 2
The objection is filed (or sent by letter with notification) to the court that accepted the statement of claim, and written to the name of the judge in charge of the case.
Step 3
Indicate on behalf of whom this objection was made (name of the person or name of the organization), address of permanent registration, date of birth, place of work). Indicate both the name (title), date of birth, place of work, and address of permanent registration of the plaintiff. You can take the data of the plaintiff from the agreements concluded between you, or from the text of the statement of claim.
Step 4
Submit your objection to the claim. Please note: all of them must correspond to reality, be essentially the stated requirements and must contain references to laws and other regulations confirming your position. List all the evidence you need to substantiate your position.
Step 5
At the end of the objection text, ask the court for a partial or full refusal to satisfy the claim. You can supplement the text with motions to obtain other evidence in the case that is currently with the plaintiff, or to summon additional witnesses to the court who could shed light on the essence of the claim.
Step 6
In the appendix to your objection, please include a list of documents and certified certificates that constitute evidence in your defense. It will not be superfluous if you indicate phone numbers or e-mail addresses where you can always be found, which is necessary for the timely and correct consideration of your case.
Step 7
If your plans do not include deliberately delaying the case, file your objection in court as early as possible so that the plaintiff can familiarize himself with it before the trial. However, it depends only on you whether it is worth to devote him to all the subtleties of your future protection during the process.
