To apply to the arbitration court, you need to correctly draw up a complaint (statement of claim). Otherwise, you may be refused consideration of the case. A complaint to an arbitration court must meet the requirements of Art. 125, 126 of the Arbitration Procedure Code of the Russian Federation.
Necessary
- - a claim to the Arbitration Court;
- - legal assistance;
- - receipt of payment of state duty.
Instructions
Step 1
Submit your claim to the arbitration court in writing and conditionally divide it into an introductory, motivating, pleading part and an appendix. In the upper right corner of your appeal, write the name of the court and its location, as well as your last name, first name, patronymic, address, date and place of birth, place of work or place of state registration, if we are talking about a private entrepreneur, contact information (phone, email, fax machine).
Step 2
Next, mark the name of the defendant, his address and contact details. If you are suing more than one person, write information about them for all parties.
Step 3
In the introductory part, also indicate the price of the claim, if it is subject to assessment, and the amount of the state duty to be paid (immediately after the price of the claim). Please note that the absence of a receipt for payment of the state fee is the basis for leaving the application without consideration. At the same time, a claim to an arbitration court for bringing the perpetrators to administrative responsibility is not subject to state duty.
Step 4
Under the introductory part in the middle of the sheet, write an appeal with a claim to the defendant (for example, a statement of claim for the recognition of ownership). Then proceed to filling in the motivation part. It is written in an arbitrary form, but with a consistent, logical and capacious content. The reasoning contains violations of your rights and the reason for going to court with references to laws.
Step 5
In the petitionary part, formulate the plaintiff's requirements to the defendant and the request to the court for their satisfaction. Here also state the petition of the plaintiff: requesting evidence, securing a claim, summoning witnesses, etc.
Step 6
In the appendix to the claim, make a list of the attached documents: a receipt for payment of the state duty, materials that confirm your innocence, etc. Certify the application with your signature. Then send it by registered mail or give it in person to the office of the arbitration court.
