An application for the return of a statement of claim may be submitted to a judicial authority only before it is accepted for consideration. For this, as a rule, the deadline is five days. After the expiration of this period of time, a citizen will no longer be able to take his statement back, but he has the right to refuse claims in court.
When is it possible to return a document
Until the moment the court has accepted the case for consideration, and this happens within five days, the applicant has the right to withdraw his claim. In this case, it is necessary to make a petition and personally take it to the office.
It is extremely undesirable to send a statement on the return of the statement of claim by mail, because it can take a very long time, and the case can be taken by the judge to proceed. At the same time, it will be impossible to return the claim back. Therefore, it is necessary to submit an application for the return of the statement of claim as early as possible, especially if the parties have already resolved a contentious issue between themselves.
It should also be noted here that a citizen has the right to refuse his claims directly in the process. In this case, the court can take the position of the plaintiff and decide on the completion of the case, but only if it does not violate the rights of other citizens. However, a person will not be able to appeal to the court again with this issue. In the same case, if a citizen made a statement on the return of the statement of claim and returned it back, then he retains the right to re-submit it to the judicial authority.
Decor
An application for the return of a statement of claim, a model for the preparation of which is not available in civil law, may be written by a citizen on his own or on a special form issued in the registry of the court. When preparing this document, one should refer to article 135 of the Code of Civil Procedure, which provides an opportunity for a citizen to return a claim back, but only until the judge accepts it for production. Such an application is made as follows:
In ________________ (name of the court)
______________ (data of the plaintiff)
Application for the return of the statement of claim (sample)
I filed a lawsuit against ________ (defendant's data) about _______ (indicate what the requirements were expressed in).
In accordance with Article 135 of the Code of Civil Procedure, I wish to return the application back without consideration by the judicial authority, due to the fact that ______________ (reasons).
The date______________
Signature _____________ (transcript)
Objections
After the application is accepted by the court for consideration, a preliminary meeting is appointed, where the party’s positions are clarified. Sometimes at this stage of the process, the parties conclude a settlement agreement among themselves. At the same time, the defendant has the opportunity to present his objections to the court if he considers the plaintiff's claims unfounded and illegal.
This document is executed only in writing, after which it is submitted to the court for review. Objections of the defendant against the stated claims of another person - this is a response to the statement of claim. In a civil proceeding, it can be drawn up not only by the opposing side, but also by its representative (if there is a power of attorney).
Other return cases
Other cases of return of the application are provided for by Art. 135 of the Code of Civil Procedure. This provision of the law states that a lawsuit may be returned by a court if certain requirements are not complied with, in the following cases:
- if the case is to be considered in the order of writ;
- the claim is signed or drawn up by the wrong person (without attaching a power of attorney);
- if the person has submitted a request for the return of the statement of claim;
- The claim was submitted to the authority by an incompetent person.
In this case, the judge draws up the determination. In it, he must indicate which deficiencies should be eliminated or which body should be contacted to resolve the contentious issue. After the correction of the violations, the citizen can again transfer the claim to the judicial authority.
The decision to return the application must be executed in a period not exceeding five days from the moment it was received by the office. It is handed over to a person with all applications and documents in person, or sent by registered mail. At the same time, the applicant does not lose the right to re-submit the claim to the judicial authority after eliminating all previously committed violations. In these cases, many citizens submit complaints to a higher court to determine the judge.