The right to property is guaranteed to any citizen by the Constitution of the Russian Federation, as well as by the Civil and Housing Codes. To recognize the right to property through the court, you need to draw up a statement of claim, the overall outcome of the trial depends on the literacy and correct preparation of which.
Instructions
Step 1
The statement of claim is filed with the court at the location of the property. Those. if you live in one city, and for example, the apartment is located in another, file a claim in the city where the apartment is located. The application and all documents attached to it must be submitted in at least 3 copies (for the defendant, the court and for you). After submitting all the documents, you will be given a receipt for their receipt and the date of the first court hearing will be set.
Step 2
In the statement of claim, indicate the name of the court to which it is filed; name of the defendant, his address; circumstances of the case; what is the violation of your property rights; the cost of the claim or the amount of the required sums of money; list of attached documents. Date and signature on the statement of claim, attach a receipt for payment of the state fee and all documents confirming the circumstances of the case.
Step 3
Within 5 days after accepting your application, the judge will issue a ruling on the initiation of a civil case. If you refuse to initiate a case, you will be sent a reasoned determination along with the application and all documents. In this case, you cannot re-apply to the court with the same statement of claim for the same circumstances of the case.
Step 4
You may be returned a statement of claim with a reasoned determination - to appeal to another court, which has jurisdiction in this category of cases, or with a proposal on how to eliminate the circumstances that prevent the initiation of a case. The application can be returned if it is submitted by an incapacitated person, is not signed, an application has been received from you to return the application, a case is already underway in court on these grounds and on the same subject, between the same persons. It is possible to re-submit the application after correcting all the remarks of the judge.
Step 5
Also, the judge can leave your application without progress if it does not meet the requirements regarding the form of the statement of claim. In this case, you will be given a time limit to correct the shortcomings.
