Judicial practice shows that more and more citizens apply to courts without the help of lawyers. At the same time, the judicial system allows you to do this without much difficulty. But many problems arise at the very initial stage due to the incorrect execution of the package of documents necessary for the initial appeal to the courts.
Instructions
Step 1
Review the list of documents that should or may be included in the package. First of all, this is a statement to a court of general jurisdiction, to which they will be attached. So the application:
- copies of statements of claim equal in number to the declared defendants;
- a document confirming the payment of the state duty for filing a statement of claim (payment order or receipt);
- power of attorney (if the plaintiff is represented in court by another person), certifying the powers of his representative (lawyer or other person);
- documents containing evidence of the legality of your claims (plus copies according to the number of defendants);
- justification of the cost of the claim (calculation);
- other evidence allowing to confirm the defendant's attempts to settle the dispute out of court (this procedure is provided for by federal law or agreement for individual claims).
Step 2
After reviewing the list of applications, prepare the documents you have and proceed with the application. Type the text of the application on a computer and print it on a printer. Although the law permits a simple written appeal, this will make it easier for the judge to examine your application and avoid possible misunderstandings. The content and form of the statement of claim are governed by Articles 131 and 132 of the Civil Procedure Code of the Russian Federation. Violation of these standards may cause the court to refuse to consider your case. Therefore, it is best to take as a sample the ready-made application forms on the topics posted on the official websites of the courts, executed in accordance with accepted standards. Do not forget to print the required number of copies of the application (according to the number of respondents), which will become a mandatory attachment to your application.
Step 3
Prepare a document confirming the payment of the state fee. You can take the form and details directly from the court office. Pay through the bank and attach it to the application, not forgetting to include it in the "Attachment" section in the text of the document. Here it is appropriate to recall the exceptions to the general rules. So, for claims for the protection of consumer rights, the applicant is exempted from paying state duty (Article 17 of the RF Law "On Protection of Consumer Rights").
Step 4
The rest of the documents will be required depending on the specific situation. For example, if you are represented in court by another person (lawyer, attorney or just an acquaintance, relative). Here you must include in the application a power of attorney for the right to represent your interests in court. In addition, documentary evidence of the legality of your claims against the defendant, texts of articles of laws, calculations of the cost of the claim may be useful to you. These documents may also be required in the form of copies according to the number of interested parties.
