Citizens who cannot resolve the legal conflict that have arisen on their own should go to court to resolve the dispute. An appeal to the court of first instance can be realized by filing a claim. A claim is the main procedural means of protecting violated or disputed rights. A civil statement of claim is written in accordance with the requirements for its content. The statement must be made with the utmost simplicity, clarity and precision.
Necessary
Computer, printer, paper, pen
Instructions
Step 1
In the upper right corner of the sheet, the head of the statement of claim is drawn up. It indicates the full name of the court to which the claim is filed. The correct name of the court must contain the position of the court in the system of courts of general jurisdiction (court section, district court, regional court, etc.), its territorial location and address.
Step 2
Next, write the name of the plaintiff, his place of residence or location, indicating the exact address. The name of an individual means the surname, name and patronymic. The name of the organization is its full name.
Step 3
If the plaintiff has a representative, then in addition to the name of the plaintiff, in the header of the civil statement of claim, the full name and address of the trustee must be written. The representative must be duly authorized to conduct the case. Information about the power of attorney is usually indicated in the list of attached documents.
Step 4
An obligatory requisite in the structure of the statement of claim is the indication of the name of the defendant, the postal address of his place of residence or location. If the claim is subject to evaluation, then after information about the defendant, you can indicate the price of the claim.
Step 5
The name of the appeal - the statement of claim - is written with a small indent after the header in the middle of the sheet. The name should be strengthened by the requirement that is presented to the defendant. For example: A statement of claim on the elimination of obstacles to the use of a land plot.
Step 6
From the red line in an arbitrary form, based on the logic and convenience of considering the application, there is a statement of the circumstances of the case, preferably in chronological order. Describes what rights, from the point of view of the plaintiff, were violated by the defendant. Evidence is provided to confirm the circumstances and violation of rights. In writing a statement of claim, it is not necessary to indicate specific legal norms, since the basis of a claim is factual circumstances.
Step 7
After the plot part, on the basis of the statement of claim written in the statement of claim, there is the requesting part of the statement, which contains clearly formulated requirements. The essence of the requirements put forward in the application must not contradict the legislation. In the requesting part, you can make requests, for example, for a forensic examination.
Step 8
After the requesting part, on a new line, a numbered list of documents and / or their copies attached to the statement of claim is drawn up, indicating the number of sheets and copies. At the end of the application, the date is put - the day the claim was filed, the signature of the person who submits the civil claim, with the decryption of this signature.
