You can protect your property and personal non-property rights by filing a civil claim in court. The guarantee of success is a correctly drawn up statement of claim, combined with the validity of the claims.
Necessary
- - computer;
- - A4 sheets;
- - pen;
- - seal.
Instructions
Step 1
In the preparatory stage, consider the relationship between the parties to the dispute from a legal point of view. Give legal qualifications to the conflict that has arisen. Often the reason for going to court is non-compliance with the contract, causing harm to life or health, causing moral or property damage.
Step 2
Determine which court is authorized to hear the case. If the conflict is an economic dispute related to entrepreneurial activity, you should apply to the arbitration court. In other cases, the case falls within the competence of courts of general jurisdiction - a district court or a magistrate. To decide in which court to prepare a claim, you need to familiarize yourself with Articles 23, 24 of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation) and Chapter 4 of the Arbitration Procedure Code of the Russian Federation (APC RF).
Step 3
The text of the statement of claim must comply in civil proceedings with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation, in arbitration proceedings - with the requirements of Article 125 of the Arbitration Procedure Code of the Russian Federation. The name of the court to which the claim is sent, as well as information about the plaintiff, the defendant and other persons participating in the case, for convenience, put in the "header" of the statement of claim. Here, in a separate line, indicate the price of the claim if the claims are material in nature.
Step 4
Below the “caps” in the middle of the sheet, write the words “statement of claim”. In the text following these words, state the significant circumstances of the case. Identify the legal relationship between the plaintiff and the defendant, mention the evidence available and state the legal requirements. In cases where a pre-trial procedure for resolving a dispute is established by law or agreement, the application should write that this procedure was followed. If the price of the claim is determined, write the calculation of the amounts that the plaintiff intends to recover from the defendant.
Step 5
Requirements, as a rule, are located after the words "on the basis of the above, I ask" or "I ask the court." The relevant provisions of the law are also mentioned here. If there are several requirements, they are formulated separately and numbered.
Step 6
In the appendix, list the documents to be sent to the court along with the statement of claim. In order to avoid misunderstandings in relation to each document, its date and number should be indicated, as well as information about whether the document is presented in the original or in a copy.
Step 7
Sign the statement of claim. Indicate the date it was compiled. If a claim is filed from an organization, the document is signed by the head or other authorized person, the signature is certified by a seal.
