To resolve contentious issues, people almost always have to turn to the court for help. For example, if we are talking about divorce, where there are children, but their place of residence has already been determined by the parents themselves, then the justice of the peace will deal with the divorce. The latter also considers cases of collecting alimony, issuing court orders, as well as property disputes, if the total amount of the claim is not more than 50 thousand rubles. Nevertheless, many citizens are most interested in the question of how to write a statement to a magistrate court. A sample of the necessary claim can be taken directly in the building of this authority. Read more about all this in this article.
What is important to know
Before submitting the application to the judicial authority, the person must decide where exactly he will take his application. In this case, you need to seek help from professional lawyers or the rules of the Civil Procedure Code. After all, the world court considers only certain categories of civil cases. The following are the following:
- cases on the issuance of court orders;
- divorce if there is no dispute between children between husband and wife;
- collection of alimony;
- on the division of property between spouses (the amount of the claim is not more than 50 thousand rubles);
- on the procedure for determining the use of property.
All other disputes should be resolved only by the district court.
Where to find
So, many citizens of our country do not have certain knowledge in the field of jurisprudence, and therefore they are often interested in the question of where to take a sample application to the magistrate court. After all, when applying for help from lawyers, you will need to pay a certain amount for the service, and not everyone can afford it.
So, samples of writing applications can be taken directly in the building of the World Court. As a rule, they are located on the stand or in a special folder on the table at the entrance. True, in every magistrate court it can be different. Therefore, if a person first encountered a specific problem and does not know how to draw up a document, it is best to come to this authority and ask at the bailiff's entrance where to find sample applications to the magistrates' court.
Take on the site
This will be done simply enough for those people who have good computer skills and are able to use the Internet. After all, each judicial authority has its own website. This means that sample applications, like other information that citizens need, are there.
Here you also need to know that justices of the peace are distributed in areas that include territory with street names of the settlement. Therefore, a person will be able to apply only to the authority that deals with cases at these addresses. The exception here is the filing of a claim for the recovery of alimony or divorce when the child lives with the plaintiff.
Thus, samples of applications to the magistrates court can be found on the website of this authority. As a rule, there are also phone numbers indicating the data of officials and other necessary information. At the bottom of the site there are all sample applications for appeal to a magistrate court.
Decor
A lawsuit in a magistrate court is made subject to the requirements of the Civil Procedure Code. After all, a statement compiled according to the rules will be considered the beginning of a civil process. Therefore, here you must accurately specify all the data of the parties, their addresses. A sample application to the magistrates' court for the dissolution of the marriage between spouses, where there are common children under 18 years old, will look like this:
Justice of the Peace ______________ (it is better to immediately indicate the data)
plot _____________ (No. __)
Plaintiff __________ (all data in full, address and telephone number for communication)
Defendant __________________ (surname and initials, place of residence)
Divorce claim
______ (full date) I, __________________ (data of the plaintiff) married a citizen (last name and initials of the defendant), with whom they lived together until _____ (date). From marriage, we have a child ___________ (data of the child, indicate gender), date of birth _____________. Daughter or son lives with __________ (write with mother or father). Funds for providing a child are paid _______________ (indicate voluntarily or by decision of the justice authority).
In fact, the family relationship between us is terminated _____________ (number). Joint farming is not conducted. Further cohabitation and family preservation are not possible. We have no dispute about property. An agreement on raising and living a child between us has been reached.
Based on the foregoing and taking into account the norms of Articles 21, 22 of the Family Code, I ask:
Divorce the defendant, registered _____________ (date) in the registry office of the city _____________, act of registration _________.
Applications:
1. The marriage registration document.
2. Birth certificate of a joint child.
3. A check on the payment of state duty.
4. Copy of the claim (for the defendant).
Signature ______________
The date____________________
General
It must be remembered that the term for resolving civil disputes by a justice of the peace is exactly one month. It is counted from the moment when the case was accepted for production. Thus, if a parent appealed to the magistrate’s court with a claim to recover child support from another parent, then this dispute should be resolved within a period not exceeding one month. Otherwise, you can write a complaint to a higher authority.
If no children
If one of the spouses does not give his consent to the divorce or deliberately delays this process, then the union is terminated in a magistrate's court. The model statement of claim in this case will be slightly different from that used by people who have minor children. The document is drawn up as follows:
Justice of the Peace ______________
court plot № ____ city _____________
Plaintiff _____________ (data and address)
Defendant ______________ (surname, initials and known place of residence)
Claim of termination of marriage
"___" _________ years, I married ______________ (indicate the details of the defendant), with whom I lived together until _____________ (such and such a period). Since _________ years, our marriage has virtually ceased. Joint farming is not conducted and further preservation of the family is impossible. We have no common children who are under the age of 18 from marriage.
Having discussed the situation with the defendant, we came to the conclusion that we need to get a divorce. Nevertheless, until now we have not reached the registry office together. The defendant constantly finds some reason to evade the dissolution of the marriage.
On the grounds that my spouse does not object to a divorce, but is not required to register for the civil registry office within two months, I consider it possible to terminate our union in a judicial proceeding.
Guided by Articles 21-23 of the Family Code, I ask:
Divorce a citizen ______________ registered in the civil registry office of the city _____ (indicate the name of the settlement and the date of conclusion).
Applications:
1. A copy of the claim (for the second party - the defendant).
2. Receipt of payment of state duty.
3. Certificate of marriage.
Signature of plaintiff _______________ (transcript)
The date ____________
It is also necessary to indicate here that you can take such a sample of a divorce application in a magistrate’s court right in the justice building itself. Currently, special terminals have been installed there through which state fees can be paid.
On providing children
Funds from irresponsible parents are recovered in court. In the event that the father of the child is known, and also inscribed on the birth certificate of the baby, then to recover from the last child support you just need to apply to the justice of the peace of your precinct. This can be done by the person on whose maintenance the minor is. As a rule, children almost always stay with their mothers.
The latter, in turn, are often interested in the question of how to draw up a statement to the magistrate court for alimony? A sample of this document can be taken directly from the justice authority. To do this, you just need to appeal to the magistrate's court.
As a rule, to quickly resolve this controversial issue, there is a simplified procedure. The mother of the baby (less often the father) can recover child support from an irresponsible parent by filing an application for a court order. This takes less time than a civil case (when filing a lawsuit).
The application is completed as follows:
Justice of the Peace ______________
court plot _____________
Recoverer _________________
Debtor _______________________
An application for the issuance of a court order on _______________ (to write about something, for example: to recover child support)
The seeker and debtor terminated the marriage _________________________ (indicate what date and year). From marriage, we have a minor child ______________ (date of birth, full name). We do not live together with the debtor, we do not conduct a joint economy.
The former spouse (debtor data) does not pay money for the maintenance of the common child, does not take part in his upbringing and life.
The debtor has no other children. Deductions from his salary under executive documents are not made.
Based on the foregoing and taking into account the norms of Articles 80 and 81 of the Family Code, as well as the norms of Articles 121-123 of the Code of Civil Procedure, I ask:
Issue a court order to recover alimony from _________ (debtor's data, place and date of birth), in favor of ___________________ (indicate the surname and initials of the collector) for the maintenance of the child ____________________ in the amount of 1/4 of all debtor's income until execution (to son or daughter) 18 years.
Applications:
1. Copy of the document on termination of the marriage union.
2. Birth certificate of a common child.
3. A certificate from the house administration that the minor lives with the collector (mother or father).
Signature ___________
Number__________________
Loan debt
In such cases, banks often turn to the courts for help. After all, it happens that in another way it is simply impossible to force a person to pay a loan taken earlier. Representatives of banks most often take a sample of filling out an application to the world court for the collection of payables in this justice body or bring a ready-made document to the office.
Non-payment of earnings
In the modern world, many citizens who work in private organizations face this problem. In the event that the employee does not receive earnings for the second or even third month, then he needs to contact the judicial authorities for help. There is a certain order. First you need to go and take a sample application in a magistrate’s court. Cases relating to non-payment of wages to employees are resolved only by order of production. After that, the head of the organization is notified of the decision of the justice authority. As a rule, in such cases, salary is paid immediately.