Many Russian citizens still hesitate to file a claim in court, even in cases where their rights are severely infringed upon. The fact that the resolution of disputes in court is a normal civilized practice of settling them has not yet reached the mass consciousness of people. You can apply to the court for any reason. If you think that the right is on your side, feel free to file a claim. And this instruction will help you compose it.
Instructions
Step 1
The statement of claim is drawn up in accordance with the rules provided for by procedural legislation, however, some arbitrariness in its preparation is encouraged. A well-written statement of claim largely determines the outcome of the trial. But the most important thing in drawing up a statement is a clear expression of one's own position, as well as the correct selection of the regulatory and legal framework, from which one will have to build on in the future, defending one's interests in court. In addition, when filing a claim, it is necessary to clearly calculate its amount, as well as the amount of state duty.
Step 2
Any application to the court must contain a number of mandatory details, such as:
the name of the court to which the claim is filed;
complete information about the plaintiff and the defendant;
the amount of the claim and the amount of the state duty (if any);
a description of the circumstances of the case that served as the basis for filing the application;
evidence on which the position of the plaintiff is based;
references to regulatory documents that are the basis for the claim;
list of attached documents;
the signature of the applicant or his authorized person (in this case, a power of attorney is attached to the application).
Standard Complaints Forms can be found on the Internet and used as a template.
Step 3
Procedural legislation provides that, in addition to generally binding information, a number of documents must be attached to the statement of claim, each of which must be drawn up individually.
List of documents that must be attached to the statement of claim:
- copies of the claim itself in terms of the number of parties (for a magistrate court and a court of general jurisdiction. In arbitration, the claimant must send statements to the parties on his own, attaching receipts confirming the fact of sending to the claim filed with the court);
- a receipt for payment of the state duty. Moreover, be sure to make sure that it has a mark on the transfer of money to the budget;
- if you plan to act in court through a representative, attach a document confirming his authority;
- documents that you consider to be evidence in the case;
- proof that you have followed the mandatory procedure for pre-trial settlement of the dispute.
- Calculation of the amount of the claim. It is signed by the plaintiff, his representative;
- the text of the published normative legal act in the event of its dispute.
Having drawn up a statement of claim and attaching the necessary documents to it, it can be sent to court.
