We live in a state of law, which means that state bodies must protect the rights of citizens and ensure the fulfillment of obligations. It often happens that two people do not agree. Situations can be different: an unrepaired amount borrowed against a receipt, a dispute about damages, etc.
Quite often, citizens have to defend their rights in disputes with dishonest legal entities. Of course, you can go and beat a neighbor who does not repay debt. But this can hardly be called a reasonable solution.
What to do if your rights are violated or infringed? Go to court, of course. To do this, you must make a statement of claim.
This is a statement to the court in which the plaintiff (a person who believes that his rights have been violated) requests that a dispute be settled with the defendant (that is, an individual or legal entity that, according to the plaintiff, violated his rights).
The simplest thing that can be done is to turn to a lawyer with a request to make a statement of claim in a qualified manner. This is the best variant. A lawyer may also represent your interests in court. It is tempting, of course, to shift all problems to a professional.
But, unfortunately, not everyone can afford such an option to solve the problem. Therefore, the independent preparation of a lawsuit in court is relevant today. Let's figure out how to make a statement of claim.
First you need to clearly determine the defendant, that is, those who violated your rights. If this is an individual, then his full name and place of registration must be indicated. It is also necessary to indicate the actual place of residence if it does not coincide with the registration (so that the court does not have to search for the defendant to appear at the hearing).
In order to draw up a statement of claim, you need to collect all the documents confirming the circumstances of the case set forth in the lawsuit. Remember that the court will consider the case, relying only on evidence, not on your words. Therefore, they must be confirmed by relevant documents or testimony. The essence of the matter should be stated briefly and readily.
In the application you must indicate the price of the claim, that is, the size of your claims and the calculation of these claims. The defendant may challenge the stated price. The more accurately you make the calculation, the more likely it is that the court will consider the case with exactly the amount that you indicated.
The application is submitted to the court in accordance with the rules of territorial jurisdiction. Therefore, you need to go to court and find out, firstly, whether they have jurisdiction over this case, and secondly, each court has a special stand on which it is written how to make a statement of claim to the court. It is important that the execution of the claim comply with the rules laid down by law, otherwise your application will not be accepted by the judge.
You can submit an application to the court in person or send it by mail with a notice and inventory, where all the attached documents will be indicated. Only in no case do you send the originals, make a photocopy, and present the documents themselves to the judge in the course of the proceedings.
Given all of the above, it becomes clear that a statement of claim is not so difficult. The main thing is to collect all the necessary documents. And do not forget to pay the state fee!