Lawsuits have long ceased to be something special. It is possible and necessary to defend your rights, lawyers argue, the main thing is to know how. Any court begins with a statement of claim.
Instructions
Step 1
Before taking on the drafting of a claim, decide which court you will send it to - world, district, arbitration. The fact is that the Civil Procedure Code, as well as the Arbitration Procedure Code, impose rather strict requirements on the formal side of the statements of claim, which means that if you incorrectly indicate the name of the court, the claim will simply not be accepted for consideration.
Step 2
The full name of the court is followed by the full personal data of the plaintiff (full name, address, telephone) and personal data of the defendant (if the defendant is a legal entity - legal address, contact numbers, fax, e-mail address, etc.)
Step 3
The content of the claim must set out the specific circumstances in which your rights or interests were violated, and each point must be confirmed by the relevant regulatory framework, as well as links to documentary evidence of the facts stated by you.
Step 4
In the subject of the claim, it is necessary to set out the requirements for the defendant, and these requirements must comply with the current legislation and be proportionate to the damage caused.
If in practice there are positive court decisions on similar cases, you need to indicate them with the numbers of the relevant cases.
Step 5
The application must contain a list of documents that the plaintiff attaches to it.
The claim is signed personally by the defendant or his representative, if the latter has the right to do so, confirmed by a power of attorney.
