To file a claim in court, you may have several reasons: non-fulfillment of obligations by the counterparty under the contract concluded with him, purchase of defective goods or the provision of low-quality services, refusal to satisfy your claims, damage to your health or property. With a statement of claim, you can turn to a magistrate, a district or arbitration court.
Instructions
Step 1
Prepare documents that will serve as evidence of the requirements presented in the statement of claim. These may be documents confirming the fact of harm to your health or damage to property, a written refusal to satisfy your claim, etc. In addition, you will need documents confirming the assessment of damage or the required amount of compensation.
Step 2
Make a statement of claim. In it, indicate the name of the judicial authority, your last name, first name and patronymic, residential address, name and place of location or residence of the defendant. In the text of the statement, indicate what was the violation of your rights and the circumstances on which you base your claims. List the evidence that can support these circumstances. Indicate the amount of the claim, attach the calculation of the amount recovered or contested. Indicate in the attachment the list of documents that you attach to the application.
Step 3
Attach receipts or a payment order confirming payment of the state fee to the documents. In addition, it is necessary to make copies of documents, and when filing a claim with an arbitration court, attach an extract from the Unified State Register of Legal Entities.
Step 4
The procedure for accepting claims in each court may be different. Specify it by contacting there by phone. But best of all - send the package of documents by mail by registered mail with notification, enclosing an inventory of the shipment in the envelope. You can submit a claim to an arbitration court via the Internet.
Step 5
Wait for a response. The judge is given 5 days to make a decision on accepting the case for proceedings, after which he must formulate a determination, on the basis of which a civil case will be initiated in your claim. Then the judge will appoint the time and date of the preliminary hearing. You will be notified of them by a summons or by the contact phone number, which is indicated in the application. If the case is outside the jurisdiction of this court, it will be returned to you with an explanation of the reason for the refusal. In case of an illiterate application and the absence of the necessary documents, your claim may be left unanswered.
