Why do we need and how to use samples of objections to the statement of claim? In court, one can only protect one’s rights by applying the law in full. If you abandon active actions, the consequences are likely to be negative.
Document Purpose
Samples of objections to the statement of claim are needed by defendants or third parties who run the risk of becoming defendants in related litigations. In some cases, a third party in one process changes his position to the status of a defendant in the next case. For example, the legality of the sale of property on which an encumbrance was imposed.
The objection is intended to reflect the position of the other party to the case. Disagreement in the minutes of the meeting is not enough, you have to give arguments, provide evidence. All this is recorded in the objection.
Legal requirements
In the Code of Civil Procedure there are no special requirements for the objection and its structure, nor for rules on the consequences of not submitting it. The agro-industrial complex in this regard is more strict towards the defendant and provides for sanctions for refusing or evading the provision. But there are some nuances that should be considered so that the judge does not ignore the disagreement. Which sample of objection to the statement of claim is needed depends on the degree of awareness in the question of the defendant.
Sample document structure
The description provided below applies to all, without exception, and does not apply to a specific type of case.
- name of the court; surname and initials of the judge;
- case number;
- Name of defendant, name of organization, address or place of residence or location;
- phone numbers, email;
- similar information about the representative, if he participates;
- Title of the document;
- description of the nature of the claims;
- explanations regarding the facts set forth by the plaintiff, legal arguments;
- request for denial of action;
- list of attached documents.
In the model of the objection to the statement of claim in advance, usually from the first lines there is a complete or partial disagreement with the requirements of the claim.
The document is signed and the date of transfer to the court. Today it is allowed to submit documents, including an objection, through the electronic services of the judicial system. The nuance is the need for their certification with an enhanced digital signature.
Submission procedure
It is advisable to submit the paper in advance through the office in several copies so that other parties can familiarize themselves with it and draw conclusions. The judge also needs time to study, especially if the document refers to a list of legislative acts and evidence.
A preliminary appeal to the office provides protection from the “loss” of objection by court employees and the risk of his disappearance from the case.
Labor disputes
Samples of objections to a claim for reinstatement are often used by employers. Their task is to prove the existence of the grounds and the perfect procedure for dismissal.
Usually copies of documents reflecting the actions and behavior of the employee are attached to the objection: orders, acts, notifications. Most often, employers win because the dismissal procedure is connected with the paper side of the process, but it is difficult to attract witnesses to their side.
Other disputes, in particular, on the recovery of salaries and other payments, on compensation for moral harm, are simpler.
Credit disputes
Here, the defendants are often borrowers. The reason is partial or complete non-payment of debt. In what form the loan was taken (in cash or by card), it does not matter. What are the basis for protests against the loan agreement:
- incorrect accruals reflected in the lawsuit;
- lack of debt in principle (debt was accrued by mistake);
- the loan is fraudulent.
The objection shall be accompanied by calculations and copies of receipts and other documents, depending on what arguments they justify.
Disputes related to the provision of utilities
Samples of objections to the claim for accrual of housing and communal services are very diverse. The reason is that the regulation of the provision of services in this area is ensured by various regulations. So, for example, the provision of water supply services is regulated by one document, the supply of electricity to others and further. In addition, they often contradict each other. There is one general document that affects all services at the same time.
The position of the defendant may be as follows:
- the service was provided improperly or not at all;
- excessive charges are made (attributed to excessive consumption);
- the supplier of the resource imposed sanctions for violation of the metering device, having drawn up an act in violation of applicable law or without any justification.
The defendant’s position will become stronger if a complaint is filed with the supplier for the failure to provide or the poor quality of services provided earlier. Attach to the materials of the case answers from the supervisory authorities, if the defendant appealed to the antimonopoly service and the housing supervision authorities and the prosecutor's office.
Active citizens have significant chances to reduce the amount of the collected amounts or to achieve a complete rejection of the lawsuit.
Causing harm
What to do if caused harm by negligence? A sample of the objection to the statement of claim is based on two options:
- carelessness took place on the part of the victim;
- carelessness came from the person who caused the harm.
Sometimes liability occurs subject to the fault of the person who caused the harm. Sometimes the fault does not matter in the case. The difference is determined by the rules of the law that apply to the controversial situation.
The defendant has the right to ask the court to reduce the amount of payments if there was gross negligence of the victim, and the lack of guilt of the defendant does not give the court the right to make a decision in his favor and completely refuse the lawsuit.
Finally
The Civil Procedure Code says almost nothing about objection to the lawsuit. Its essence lies in the presentation of counterarguments in relation to the claims made. They relate to both the factual side and the application of the rule of law. Some objections are based on the application of procedural rules.
The nature of the objection is also affected by the specifics of the dispute in question. Even in cases of the same category, there may be a significant difference.