In order that the consideration of your case by the court is not slowed down and the court does not leave the statement of claim without consideration, it is important to observe the jurisdiction. That is, you need to know which court you go to.
Courts of different levels
First you need to decide whether your claim to the defendant is of a property or non-property nature. In the first case, you need to calculate the cost of the claim, since jurisdiction depends to a certain extent on this. Justices of the peace can deal with cases with a claim of a property nature at a claim price of up to fifty thousand rubles. Cases with a claim price of more than fifty thousand rubles are considered by city and district courts.
As for non-property cases, the law spells out the competence of the courts with a clear list of cases. For example, cases on the establishment of any legal fact (the fact of kinship, recognition of paternity, etc.) in the first instance are considered only by city and district courts.
When determining the jurisdiction, it should also be borne in mind that cases of an economic nature, which are in one way or another related to entrepreneurship, are considered by arbitration and arbitration courts. The parties to such cases are mostly legal entities.
What kind of cases are within the competence of the court can be found in the laws in force: Federal Law “On Justices of the Peace”, Federal Law “On Courts of General Jurisdiction”, Federal Law “On Arbitration Courts”.
Single-tier courts
The choice of single-tier courts is associated with a number of factors. The subject matter of the claim is of decisive importance. In respect of movable property, the claim is mostly filed at the place of residence of the defendant or, in case of multiple defendants, at the place of residence of any of them of their choice. If the defendant is a legal entity, it will be correct to file a statement of claim upon its location.
Article 29 of the Civil Code of the Russian Federation provides for cases when the plaintiff, at his own request, can submit an application at the place of his residence, at the location of the parent organization (a branch or subsidiaries act as a defendant), etc.
If the subject of the claim is real estate, the rule applies, according to which the application is submitted to a single-tier court endowed with the necessary competence at the location of the property. When there are several real estate objects, the claim is filed at the location of the most valuable one.
Property disputes are quite common, the subject of which is real estate, the location of which is outside the Russian Federation. The choice of the court in this case is determined by the norms of international law.
