It is extremely important to act in accordance with the rules established by law when drafting a statement of claim. An application that has minor violations from the point of view of a layman in the attached documents or the content of the claim itself may be given to the plaintiff without consideration or completely ignored. Judicial practice shows that due to non-observance of these rules, plaintiffs rarely file a claim the first time.
Necessary
Documents attached to the application, consultation with a specialist
Instructions
Step 1
Before submitting an application, you must complete it correctly. The statement of claim must contain:
- the name of the court to which the application will be submitted;
- name, patronymic and surname of the plaintiff and his place of residence, or, if the plaintiff is an organization, the location of this organization and its name;
- the name of the respondent, his place of residence or, if the respondent is an organization, then its location;
- the essence of the threat of violation of the plaintiff's freedoms, rights or legitimate interests or the committed violation, the plaintiff's demands;
- the grounds for the plaintiff's claims - a number of circumstances and evidence that confirm these circumstances;
- the cost of the claim, if the claim is subject to assessment, as well as the calculation of the disputed or recovered amounts of money;
- information about the appeal to the defendant in the pre-trial procedure, if such a requirement is established by a federal law or an agreement of the parties;
- a list of documents that are attached to the application;
- the personal signature of the plaintiff or the plaintiff's representative.
Step 2
Remember that for incorrect execution of the statement of claim, it is assumed to be returned, or to be left without consideration during the time that is given to correct it.
Step 3
Gather all the documents you need to attach to your statement of claim. These include documents on the paid state duty, copies of the application itself according to the number of interested parties, powers of attorney of the plaintiff's representatives, calculations of reimbursable material damage signed by the plaintiff and the plaintiff's representative.
Step 4
The statement of claim can be filed both in person, having appeared before the judge at the time of his reception, and by mail - it must be sent to the mailing address of the court.
