When resolving disputes of a civil nature (labor, family, housing, property, etc.), anyone has the right to appeal to the magistrate's court. To do this, it is necessary to correctly draw up a statement of claim and provide truthful evidence.
Necessary
- - statement of claim;
- - documents confirming your position.
Instructions
Step 1
Contact a lawyer to correctly draw up a statement of claim. You can also compose it yourself. To do this, be sure to study the regulations and laws that substantiate your requirements. In the application, provide links to them. Make two copies of your documents. One is for the court, the other is for the defendant. All documents must be on the merits of the claim: checks, letters, photographs, etc.
Step 2
Find out which court is responsible for your claim. It can be brought at your place of residence or at the location of the defendant's organization, if the defendant is an individual entrepreneur, then the claim can be considered at his place of residence.
Step 3
The Magistrate's Court deals with cases on property disputes, where the amount of the claim does not exceed one hundred thousand rubles. Send the application by registered mail (by mail) or appear in person in court. Before that, check the visiting days with the magistrate. If the amount claimed in the claim exceeds the specified amount, then the case falls under the jurisdiction of the district court.
Step 4
Expect a response within five days to accept your case. Further, a determination will be made, according to which a civil case is initiated. After the acceptance of the application, the preparation of the case for the proceedings in the court begins. The judge will indicate certain actions that must be taken by both parties.
Step 5
Civil cases are considered by the magistrates' court before the expiration of a month from the date the application was sent to the proceedings. You can conduct your case in court in person or through a lawyer, lawyer, etc. representatives who, on your behalf, will take all the necessary actions during the proceedings.
Step 6
A court decision on your case will be made only after it has been fully reviewed and heard by both parties. If you are not satisfied with it, you have the right to file an appeal. However, you may be asked to provide additional evidence in your favor.
