Any interested party to a particular transaction has the right to challenge the contract if it believes that its rights have been violated during the transaction and can prove that there are grounds for challenging the contract. For this purpose, it is necessary to apply to the court of first instance with a statement of claim. Such claims are related to civil proceedings.
Necessary
- - the civil code of the Russian Federation;
- - computer, printer and paper for writing a statement of claim;
- - documents that you plan to use as evidence;
- - legal advice;
- - money to pay state fees and, if possible, the services of a lawyer.
Instructions
Step 1
Carefully study the text of the agreement and the section of the Civil Code of the Russian Federation devoted to challenging transactions (Articles 166 - 181). Think about what grounds you find to challenge the contract and what evidence you can provide for them.
Collect any missing evidence if necessary. Make notarized copies of all documents that you intend to use in this capacity. Agree with those you plan to use as witnesses.
Step 2
After completing the preparatory work, you can start writing the statement of claim. This document is written in any form, but there are a number of formal requirements that it must meet.
It is necessary that the statement of claim indicates to which court it is addressed, who is the plaintiff (initiator of the claim), and who is the defendant, the addresses of the parties.
In the substantive part, it is necessary to state the circumstances of the conclusion of the contested transaction and the arguments in favor of its recognition as null and void. It is optimal to do this in strict accordance with the wording in the Civil Code of the Russian Federation and references to its specific articles and paragraphs.
Everything that the plaintiff asks the court for is argued in the same way.
Step 3
It is better to show the finished application to a professional lawyer, if possible. He will evaluate the meaning of going to court and the chances of winning the process, suggest more successful wording, and advise how to supplement the statement.
It will not be superfluous to show him the available evidence as well. An experienced lawyer will determine whether they are sufficient for the court, and if they are insufficient, he will give advice on how to eliminate this flaw.
If a decision is made in your favor, you can charge the costs of legal services to the defendant. But this requirement should be in the statement of claim.
Step 4
With a ready-made statement of claim, go to court. As a rule, claims against an individual are filed at his place of residence or at the last known address, to an organization at the place of its legal address. But there are also exceptions.
You can find out which judge is considering cases at the address of the defendant and the opening hours at the court registry. They will also provide details for paying the state duty (later, when deciding in favor of the plaintiff, it can be collected from the defendant). By the time you file your claim, you should already have the receipt in your hands.
Step 5
After reviewing your papers, the judge will set a date for your first hearing.
Then everything will depend on how seriously you and the defendant will approach the case. The trial is competitive and the court will rule in favor of whichever evidence it deems most convincing.
