The Constitution guarantees to any citizen whose rights are infringed the opportunity to apply for judicial protection. Rights are upheld in civil or arbitration proceedings. Subjects first appealing to the courts experience certain difficulties in drawing up their claims. Next, we consider the features of the preparation of statements of claim in court. Samples of appeals will also be presented in the article.
General information
A statement of claim is an external form of expression of claims of a subject whose rights, in his opinion, have been violated. The legislation establishes the rules for processing requirements and the procedure for their submission. Disputes between citizens are usually considered in accordance with the Code of Civil Procedure. The preparation of the statement of claim to the arbitration court is regulated by the agro-industrial complex.
The requirements contained in the codes are very similar. For example, in both the arbitration and the civil proceedings, claims are made in writing.
When does it become necessary to seek protection?
Drafting a statement of claim is required in a variety of situations. Most of them are related to violation of rights. The claimant is called the plaintiff. The person to whom the claim is directed is called the defendant.
Several plaintiffs or defendants may participate in legal proceedings. In addition, legislation allows third parties to be involved in the process.
Drawing up a statement of claim in court is an important stage in the proceedings. Despite the typical form of appeal, the content of each claim differs depending on the circumstances of the case. As a rule, apply for protection:
- In case of denial of claims.
- The acquisition of a low-quality product (service).
- Failure by the counterparty to the terms of the contract.
- Damage to property / moral.
- Collecting money.
Often the subject of action is the defense of the dignity and honor of the subject.
Nuances of registration requirements
Before drawing up the statement of claim, it is necessary to determine the defendant, the court, to which the claims will be directed. In addition, it is necessary to collect documents confirming the position of the plaintiff.
In some cases, it is more advisable to consult a lawyer. Drawing up statements of claim for lawyers is a common thing. They know the intricacies of legislation and legal proceedings, they can express claims as accurately as possible. When defending rights, clarity of language is of particular importance. If the content of the claim does not correspond to the intentions of the applicant, he will have to change the requirements. This, in turn, will delay the process.
Content Features
When preparing a statement of claim, it is necessary to express your thoughts concisely. It should be written clearly and simply. The total requirements should not exceed 3 pages. It should be remembered that specific facts are important to the judge.
When drafting a statement of claim, one should not use emotional expressions, words that degrade dignity and honor, or insults. It is undesirable to contact the court directly. The lawsuit does not use such expressions as “your honor”, “respected court”, etc. Such words should be used at a meeting in the course of a direct hearing. In the lawsuit they are inappropriate.
Legal references
Indication of specific articles of laws in the text of the claim is one of the key evidence of violations by the defendant. It is important to choose the right branch of law and the norm governing relations.
References to laws save a judge much time. The fact is that the official does not always have enough time to search for the necessary norm. A lawsuit should not become a puzzle for a judge. According to its content, it should be clear which legislative provision has been violated.
In the text of the claim, it is advisable to refer to the evidence. As them may be objects, testimony, various documents. Drawing up a statement of claim will require a certain amount of time and effort. It will be necessary to study the foundations of the current legislation, to understand the operation of certain norms. It is also useful to analyze case law in similar cases.
Sample claim
The rules for filing claims for disputes arising from civil matters are defined in Article 131 of the Code of Civil Procedure. The statement of claim must contain the following information:
- The name of the authority to which it is submitted. It should be noted that, as a rule, disputes are considered in the courts at the place of residence / location of the defendant.
- Applicant's full name, address, contacts. It is advisable to indicate not only a phone number, but also an email.
- F.I.O. defendant. If his address and contact details are known, they must also be indicated.
Some claims also indicate the price (in cases related to the division of property, for example).
The document should have the name "statement of claim." The name must be composed so that it reflects the essence of the lawsuit. For example: "A claim for compensation for property damage."
The text provides the circumstances of the case. It is important to briefly but succinctly state the information. Lawyers recommend describing the circumstances in which the legal relationship arose, the reason for the dispute.
An integral element of the claim are the requirements. They need to be stated clearly, avoiding ambiguous phrases. The court must clearly understand what the applicant requires. If claims are related to compensation for damage, their amount must be indicated. Previously, under current legislation, it could be expressed in the minimum wage. A fixed amount is currently required. Otherwise, the claim will be returned.
As mentioned above, the text should refer to documents and other evidence, as well as the rule of law on which the requirements are based.
The application is listed at the end of the application. Do not forget to pay the fee.
The application must be signed by the plaintiff. The compilation date is mandatory.
Applications
As they can be a variety of documents. In almost all cases of going to court, the applicant must pay a fee. A receipt confirming payment shall be attached to the claim.
To prove the fact of legal relations can be a copy of the contract, act, order, etc. If the claim is related to the challenge of the regulatory document, you must attach a copy.
The law allows the filing of an application by a representative of the plaintiff. In this case, it is necessary to present a power of attorney in which the corresponding powers are indicated.
The number of copies of the claim and applications must be equal to the number of parties to the dispute, plus one for the court.
How to send an application?
You can file a lawsuit in person. To do this, contact the clerk of the court. It is advisable to make an additional copy of the application, on which the employee of the instance will put a stamp on acceptance.
As mentioned above, the lawsuit is filed at the address of the defendant. If he is unknown, then the application is sent to the location of his property.
If the defendant is an organization, the lawsuit is filed at its location.
The application can be sent by mail. It is better to do this by registered letter of receipt of delivery. The notification will be returned to the applicant with a receipt mark delivered by the court employee. By sending a lawsuit, a liaison officer will issue a receipt. It needs to be saved.
Additional requirements
A statement of claim may be filed by a person with legal capacity. If the subject was recognized to be limited or completely incompetent, the representative will defend his rights. It can be a parent, trustee, guardian, adoptive parent. In some cases, the interests of the person are represented in court by the guardianship and trusteeship bodies or prosecutors. As a rule, they are involved in production in case of violation of the rights of minors left without parents.
Conclusion
If the claim is made in accordance with all the rules, it will be accepted for consideration. The court will make a determination on this. It will indicate the time and place of the first meeting.