In case of violation of rights, you can receive monetary compensation as compensation for material or moral harm. For this, a statement of claim is drawn up. It is sent to the court of first instance. The application is accompanied by documents that confirm the guilt of an individual or legal entity.
Necessary
- - the form of the statement of claim;
- - details of the defendant;
- - the passport;
- - documents according to which the damage caused is confirmed;
- - Code of Civil Procedure of the Russian Federation;
- - Code of Administrative Offenses of the Russian Federation;
- - details of the court.
Instructions
Step 1
Contact a lawyer who will draw up a statement of claim and explain your rights. If you want to file a claim yourself, take a sample from the court. Cases on administrative offenses are considered in the courts of first instance. When writing an application, use the articles of the Civil Procedure Code of the Russian Federation, which regulate the situation that happened to you, your property.
Step 2
In the left corner of the application, indicate the name of the district or city judicial authority, the full address of its location. Write your personal data, the address of your permanent registration. Enter the name of the person (natural or legal) who is the culprit of the situation, the address of his place of residence, location. If there is a third party, indicate his personal data, registration address. Write down the amount of the claim that you would like to receive as a result of the litigation.
Step 3
Then, in the middle of the application, indicate the name of the document. Completely describe the incident, the circumstances as a result of which you suffered harm (material, moral). If damage is caused to your property, please enter its full name. Calculate the cost of your claim. You have the right to calculate it yourself or involve independent experts for this.
Step 4
Write how much you want to collect from the defendant. Indicate the name or personal data of the culprit. Be sure to refer to the relevant article of the Code of Civil Procedure of the Russian Federation or the Code of Administrative Offenses of the Russian Federation, which regulate the rights in this situation.
Step 5
In some cases, it is necessary to pay a state fee, attach a receipt for payment. Collect all documentation supporting the facts of the incident. If you paid, for example, for the repair of property, the breakdown of which occurred as a result of illegal actions of the culprit, attach a document confirming the fact of payment for the repair, examination.
Step 6
Sign the statement of claim and date it. Duplicate the claim and the documentation attached to it, in as many copies as there are persons involved in the case.
