A claim is a written statement to the court containing a request for the restoration of violated or disputed rights and compensation for moral or material damage.
Instructions
Step 1
You can ask for help in filing a statement of claim in a legal consultation or a bar association, since, according to the legislation of the Russian Federation, you have the right to impose such duties on a person who will act as your representative in court. However, if, due to limited funds or unwillingness to devote to the details of the current situation of an outsider, you do not want to resort to the services of legal experts, it is quite possible to draw up and file a lawsuit yourself.
Step 2
Before filing an application, you need to determine its jurisdiction (that is, the jurisdiction of your claim to a specific judicial authority). According to the Civil Code of the Russian Federation, the claim is filed either at the place of residence or at the place of stay at the moment of the defendant in the claim. If it is not possible to find out his place of residence, you can submit an application at the location of his property or in the court of the municipality in which his last place of residence was.
Step 3
You will have to determine the cost of the claim yourself. It is a combination of penalties or fines and material damage caused to you, and in some cases - also the monetary equivalent of moral costs. Such damage is indicated in the application as “non-material damage”. If you are making a claim for which it is supposed to participate in the consideration of several respondents, the price of the claim will be the total amount of your claims to all of the above.
Step 4
The application to the court is written in a relatively free form. It is filled in with your own hand (in writing) and subject to the following requirements:
- in the upper right corner of the sheet of paper, the full name of the court to which you are applying with a request to consider the claim is indicated;
- then you indicate your contact information, full name and address of registration and residence, after which you post the same information about the alleged defendant;
- Below, adhering to ethical standards, state the essence of your requirements.
