There are times when, after filing a statement of claim in court, it must be taken back. The reason may be the reconciliation of the parties or the correction of mistakes made by the plaintiff when drawing up the application.
Instructions
Step 1
If you have filed a statement of claim in a court of general jurisdiction and it has not yet been accepted by the court for proceedings, you need to write a statement to return the claim. To do this, in the upper right corner of the A4 sheet, indicate the name of the court to which you will submit the application, full name, residential addresses and contact numbers of the plaintiff and the defendant. Slightly below, in the center of the sheet, indicate the name of the document, namely: "Application for the return of the statement of claim."
Step 2
In the main text, state that you want to return the filed claim and the reason why you are doing so. Refer to Article 135 of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation). Please sign, transcript and date below. If you are a representative of any organization, then the signature must be directed and affixed with the seal of the company.
Step 3
If you have filed a statement of claim with the arbitration court and it has not yet been accepted for proceedings, you need to write a "Request for the return of the statement of claim." The content of this document is drawn up similarly to the statement of return of the statement of claim. Just give a link to article 129 of the Arbitration Procedure Code of the Russian Federation (APC RF).
Step 4
As soon as you write a statement or petition to return the statement of claim, go to court. Do not use postal services, as in this case you will lose time and may not be in time, and the statement of claim will already be accepted for production.
Step 5
If you are not able to appear in court in person, authorize another person to do this by issuing a power of attorney in accordance with the requirements of Russian law.
Step 6
As soon as the court returns the statement of claim to you, you can return the paid state fee, or use it when filing another statement of claim within 3 years.
