If you decide to file a statement of claim in court, then, first of all, you need to honestly answer yourself to the question: "Do I have enough knowledge and strength?" If you are not confident in yourself, then it is better to call for the help of professionals in this field, since litigation requires not only a lot of effort, but the collection of many documents in support of your claims.
Instructions
Step 1
The requirements for filing a statement of claim in an arbitration court and a court of general jurisdiction may differ slightly from each other, although the basic principles are usually the same. Failure to comply with the requirements for filing a statement of claim may be grounds for leaving the statement of claim without movement, until the violations are completely eliminated, or a determination is made to refuse to accept the claim for consideration.
Step 2
The Arbitration Procedure Code provides a complete list of documents that must accompany a statement of claim to the court. So, this is the application itself, drawn up in the prescribed manner, confirming notifications, sending to all the parties involved a copy of the statement of claim and annexes to it. Documents confirming attempts at pre-trial settlement of the dispute. A payment document indicating the payment of a state fee (a receipt for payment or a payment order with a bank mark).
Step 3
Organizational and legal (constituent) documents of the parties to the dispute. Documents that are the basis for the trial and are evidence in the case. All kinds of petitions for the imposition of interim measures, deferral of payment of state fees, summoning witnesses, etc. can be attached to the statement of claim. The Arbitration Court deals with economic disputes between persons engaged in commercial activities, disputes between a taxpayer and a taxpayer, a legal entity and an individual entrepreneur, as well as conducting bankruptcy proceedings.
Step 4
Considering that courts of general jurisdiction consider various disputes, it is very difficult to form a single list of documents. The properly executed statement of claim remains unchanged, a document confirming the payment of the state fee for consideration of the statement of claim and documents in support of the stated requirements.
Step 5
If this is a labor dispute, then it is necessary to provide a work book, an employment contract, a certificate of the calculation of arrears (if we are talking about the payment of wages). If the claim is related to the dissolution of marriage and the division of property, then documents of title and right confirming the joint property, a marriage certificate, a child's birth certificate (if there is a requirement to determine the child's place of residence and the payment of alimony), etc. are attached.
Step 6
The statement of claim is submitted only in writing. It must indicate: the name of the court to which the application is submitted, the data of the plaintiff and his place of residence, if the plaintiff is a legal entity, then the legal and actual address must be indicated. Data (full name or name) of the defendant, his place of residence or location. The application must indicate its essence, i.e. what is it about. Describe the rationale for the claims with reference to documentary evidence or testimony. Calculate the claim if the claim provides for the collection of funds. If the application is submitted by a representative by power of attorney, then a copy of the representative's power of attorney must be attached.
