Any statement of claim submitted to the court consists of a certain package of documents. A lot depends on how correctly and competently they are prepared.
Instructions
Step 1
Before filing a claim, you should collect and organize all the documents that will form its basis. If the case is complex, additional evidence may be required from businesses, institutions and government agencies. In this case, it is necessary to prepare and send the appropriate requests in advance.
Step 2
The defendant, as well as third parties (in case of their participation in the case) must be familiarized with the content of the claim and the documents attached to it. For this, in the civil procedure, the corresponding number of copies with attachments is added to the statement of claim. When submitting claims to the arbitration court, copies of them should be sent to other participants in the process by mail in advance. Evidence of such dispatch must be attached to the statement of claim.
Step 3
Before filing a claim, the plaintiff must pay the appropriate amount of state duty. Its size is determined by the Tax Code of the Russian Federation separately for property and non-property claims. The original document (receipt, payment order) confirming the payment of the state duty must be attached to the statement of claim. If, in accordance with the law, the plaintiff has benefits in paying the state duty, a supporting document is attached to the claim. Also, the court has the right to postpone or defer payment of the state duty. In this case, a corresponding petition must be attached to the statement of claim.
Step 4
Any statement of claim shall be accompanied by copies of documents substantiating the claim. The current legislation does not contain an exhaustive list of them. These, in particular, can include: documents of title, contracts, acts, invoices, payment documents, correspondence between the parties in essence of the dispute, etc. If the case concerns the collection of sums of money, a calculation of its price should be attached to the claim. In the event that a regulatory or local act is contested, its text or a copy is attached to the claim.
Step 5
When applying to the arbitration court, documents confirming the legal status of the parties to the case should be attached to the claim. These include a copy of the registration certificate, as well as extracts from the unified state registers of legal entities and individual entrepreneurs in relation to the plaintiff and the defendant.
