How to write a claim in a court of general jurisdiction. Claim Forms

On March 16, 2016, I learned that during an interdepository transfer from CJSC Russian Depository DEPONET in Moscow to the depository of JSC Gazprombank in Chelyabinsk, at the initiative of the administration of JSC Gazprombank, without an agreement with me, ordinary registered shares of RAO Gazprom and a deposit on the account were transferred to the bank account of JSC Gazprombank *** not to my personal account with the Savings Bank JSC opened for transfers by OA Gazprombank. I applied to the Prosecutor's Office of the Tsentralny District with a statement about the theft of ordinary nominal shares of RAO Gazprom and deposits on a privatization account *** The Prosecutor's Office redirected to the Central Bank of the RF. The Central Bank of the Russian Federation in 2016 conducted an audit in 2016, no violations were found in JSC Gazprombank, Chelyabinsk. On August 15, 2016, I applied to the Court of the Central District of Chelyabinsk with a claim to restore the privatization account *** to its original position and hold the management of OA Gazprombank of Chelyabinsk liable. On November 21, 2016, the judge of the Court of the Central District of Chelyabinsk, E.A., issued a ruling in case No. *** on the refusal to satisfy the claims, on the basis of Article 220 of the Code of Civil Procedure of the Russian Federation, since the case is not subject to consideration and decision in court in civil proceedings on the grounds provided for in paragraph 1 of the first part of Art. 134 Code of Civil Procedure of the Russian Federation is considered and resolved in a different judicial order. The court considers the dispute to be corporate and is subject to consideration in the Arbitration Court. I believe that the specified definition is illegal, I am not a client and a member of the bank's corporation, I have no contractual relationship with Gazprombank. On December 17, 2016, an appeal was filed with the Presidium of the Regional Court of Chelyabinsk. February 07, 2017 Judicial Collegium of the Regional Court. The Judicial Collegium of the Regional Court was not convinced by the violations by the court of first instance. On November 21, 2016, on February 7, 2017, the decision of the Judicial Collegium for Civil Cases of the Regional Court in civil case No. *** was left unchanged, and the complaint was not satisfied. June 22, 2017 Judge of the Chelyabinsk Regional Court Zakirov R.M. the transfer of the cassation complaint to the presidium of the Chelyabinsk Regional Court was denied, the deadline for filing a complaint was missed, the court of first instance certified copies of the rulings for a month. Appeals to the President of the Russian Federation On September 26, 2017, when transferring the registration number from CJSC Russian Depository DEPONET to OA Gazprombank in Chelyabinsk, the ordinary registered shares of RAO Gazprom and deposits on the privatization account on October ***, 2017, were stolen by the criminal community to oblige OJSC Gazprombank Chelyabinsk to provide a report from ZAO Russian Depository DEPONET on the privatization account *** or provide a copy of the report. October 06, 2017 No. to provide information on who and on what basis disposed and continues to dispose of my securities on a privatization account *** All appeals were sent to the Ministry of Internal Affairs of the Russian Federation, the Central Bank of Russia, the Prosecutor's Office of Chelyabinsk, no action was taken, the requested documents were not provided. In their responses, the investigating authorities refer to the Decision of the Arbitration Court dated January 25, 2010 No. A *** where the shares of the first additional issue MF73-1p-0204 with a par value of 10 rubles were legally converted into shares of the second additional issue 1-02-00028-A with a par value of 5 rubles without state registration. Art. 2. Federal Law on the Securities Market Identification number - a digital (alphabetic, symbolic) code that identifies a specific issue (additional issue) of issue-grade securities not subject to state registration. Nothing is said about documentary ordinary registered shares with a par value of 1000 rubles in the Decision, clause 3 of Art. 31 of the Federal Law “On joint-stock companies” Conversion of ordinary shares into preferred shares, bonds and other securities is not allowed, it was these shares that were stolen during the inter-depository transfer. Additional issues MF73-1p-0204 and 1-02-00028-A do not have property rights and were on the same account without an agreement with ordinary registered ones, which is not allowed. The Central Bank of Russia refers to non-existent agreements between me and JSC Gazprombank and provides deliberately false information that an agreement was concluded between me and the depository of JSC Gazprombank in 1997, which is not true, in 1997 JSC Gazprombank did not exist, there was a Commercial Bank of Gazprom, notice of KB Gazpromma dated November 17, 2000. *** A Complaint was filed with the Central Electoral Commission against the action, inaction of the authorities on the basis of Art. 53 of the Constitution of the Russian Federation Art. 16 of the Civil Code of the Russian Federation Art. Art. 1069-1071 of the Civil Code of the Russian Federation to compensate for the damage on the privatization account *** and hold government officials accountable for illegal actions and inaction. The complaint was forwarded to the Prosecutor's Office of Chelyabinsk, the Prosecutor's Office did not give a legal assessment to the applicant's arguments, the Central Bank of Russia refers to non-existent agreements and recommends going to court.

12/08/2018, Sasha Bukashka

A statement of claim is a written appeal to the court in which one party makes claims against the other. But first you need to determine which court to apply to: district or magistrate. In the article we will tell you in which cases you should apply to the justice of the peace, and also offer a sample statement of claim to the justice of the peace.

Magistrates' courts are the first stage of the Russian judicial system. They consider criminal, administrative and civil cases, which are considered not too complicated. And it is with such situations that ordinary citizens most often have to deal with. Divorce and recovery of alimony, litigation with insurance companies and unscrupulous sellers, non-repayment of debt and recovery of damages - this is not a complete list of issues that a judge of general jurisdiction deals with. In this article, we will tell you in what cases and where to apply, as well as how to independently draw up and file a lawsuit with a justice of the peace, a sample of which you will find below.

Jurisdiction in civil cases

To know whether it is possible to go to court with a situation that has arisen, you need to know what claims the justice of the peace considers. In accordance with the current legislation, such a judge considers the following civil cases:

• on the issuance of a court order (for alimony, debt collection, etc.);
• on divorce in the absence of a dispute about children;
• on the division between former spouses of property worth no more than 50,000 rubles (yes, in the absence of cars and real estate, people often begin to share irons and pans);
• other cases arising from family relations, with the exception of cases of paternity, deprivation of parental rights, adoption;
• on determining the procedure for using property (as a rule, disputes relate to the use of housing and land plots);
• property disputes with the value of the claim not exceeding 50,000 rubles, with the exception of inheritance issues.

The listed categories of civil cases are considered by magistrates only if they are declared independently and are not combined with other requirements that are within the jurisdiction of the district court. In this case, the claim must be filed only in the district court.

Where to go

Unlike district courts, with which everything is quite simple - each person knows in which district or district he or his debtor lives, magistrates operate in judicial districts, of which there are several in each district. Each street, each house belongs to a certain area. To determine which particular judicial district you need to apply to, it is convenient to use the Internet system of the State Antimonopoly Service "Pravosudie" (https://sudrf.ru/). Just enter the address (your own or the defendant, depending on the category of the claim) and you will receive a link to the official website of the judge who will have jurisdiction over your case, with all the necessary information.

The stand in the premises of each judicial district also contains information about the territory under its jurisdiction, indicating streets and house numbers.

How to file a claim

The structure of the statement of claim does not differ from similar ones filed with the courts. Let's take a closer look at how to properly file a claim.

A standard claim contains the following parts:

1. Introductory. This block is located in the upper right corner of the sheet. It indicates the data of the parties: full name, addresses, contact details (telephones, e-mail, other means of communication). Also note the cost of the claim.
2. Main. This part is located after the title of the document (as a rule, it is “Statement of claim about…”). In this block, the plaintiff briefly but meaningfully describes the circumstances of the case and what he sees as a violation of his rights. All this must be backed up by legislation.
3. Conclusion. In this block, the plaintiff summarizes the foregoing and makes claims. Usually this part begins with the word "Please ...". Documents attached to the claim should also be listed here. At the end, the date and signature of the plaintiff with a transcript is put.

Before drawing up a statement of claim in the world court, you must decide on your requirements. Look at the situation from the outside while writing the appeal. This will help to describe the situation in more detail, more logically, and most importantly, more clearly. No need to abbreviate words or use abbreviations. Rely on specific facts, indicate the date and preferably the time, as well as the place where the dispute occurred.

When writing an appeal to the Magistrate's Court, do not deviate from the approved structure and include all the points that the appeal should contain. According to No. 138-FZ dated November 14, 2002, the statement of claim must contain:

1. The name of the court in which the claim is being filed.
2. Full details of the plaintiff: Full name, address of residence or details of the legal entity. If the application is submitted not by the citizen himself, but through a trustee, then the full name must be indicated. representative, his full address.
3. Complete details of the defendant.
4. The essence of the violation of the rights of the plaintiff and its main requirements.
5. The price of the claim. This includes both recoverable and disputed funds.
6. Grounds on which claims are made.
7. Evidence supporting the grounds for filing a claim.
8. List of documents attached to the application.
9. The date the claim was made.
10. Plaintiff's signature.

A sample statement of claim to the Magistrate's Court can be downloaded at the end of the article.

How much does it cost and how to apply

If you decide to file a lawsuit in the magistrates' court, a sample application can be found on the Internet or at the court information board. Such a sample statement of claim can be of two types: on the example of a specific claim or in the form of a form in which you need to enter your data. Use whichever form you like best. Write the application legibly by hand or type it on a computer. Attach to it copies of the documents that you refer to in support of your claims, a document confirming the payment of the state duty, as well as a copy of the application for the defendant. Send everything by registered mail or take it to the court in person.

In the world court for property disputes, it depends on the value of the claim (monetary expression of your claims), but it cannot be less than 400 rubles.

To calculate, you can use a special calculator, for example, this one: https://pravorub.ru/help/gosposhlina/.

When filing a non-property claim, the fee for citizens is 300 rubles. For filing an application for divorce, you will have to pay 600 rubles.

Keep in mind that in some cases the plaintiff is exempted from paying stamp duty, for example, in claims related to consumer protection.

The presence of a sample statement of claim to the court will allow you to avoid major mistakes when drawing up a claim. The result of consideration of the application will depend on the accuracy of the information specified in it, therefore, persons planning to file a lawsuit in court are advised to study this article, which describes in detail the rules for writing such an application.

Form and content of the claim

A lawsuit is a method of protecting a violated or disputed right. The statement of claim is recognized as a form of claim. Thus, the statement of claim acts as an external expression of the right of a citizen or legal entity to protect violated interests.

In order to correctly draw up a statement of claim in court, it is important to adhere to the rules fixed by the legislator in Art. 131 Code of Civil Procedure of the Russian Federation. According to the norms of this act, a statement of claim in court should be submitted only in the form of a written document.

Main points of the claim

The information included in the application must include:

1. The name of the court to which the plaintiff is applying.
2. Full name of the claimant. In this paragraph, it is important to indicate the address of the citizen's place of residence or the address details of the legal entity. We should not forget about entering information about the full name of the representative of the plaintiff and his address, if the statement of claim is submitted to the judicial authorities not by the plaintiff personally, but through an authorized representative.
3. Full name of the defendant.
4. The essence of the violation or threat of violation of the rights of the plaintiff, the basic requirements of the plaintiff.
5. The price of the claim. The cost includes the amount of both recoverable and disputed amounts of money (See para. What is included in the price of the claim in the statement of claim? Claim price calculation ).
6. Circumstances on which the claim was made.
7. Evidence supporting the circumstances stated in the application.
8. List of documents attached to the application.
9. The date the document was created.

A mandatory element of the statement of claim is the personal signature of the plaintiff. The law allows the possibility of signing the document by the representative of the plaintiff, if he is authorized to endorse the application and present it to the court.

Mandatory points of the claim filed by the prosecutor

If a lawsuit is filed on behalf of a prosecutor in order to protect public interests, then it always indicates specific interests and violated rights. At the same time, officials must indicate references to normative acts providing for ways to protect the interests represented.

If the claim is filed by the prosecutor in order to protect the interests of the citizen, then the application includes information about the impossibility of filing a claim by the citizen on his own. If such information is not available, the civil servant may indicate that there has been a citizen's appeal to the prosecutor.

Additional clauses of the claim

The application may also include the contact details of the plaintiff, the plaintiff's representative or the defendant. The parties may submit their telephone numbers, email addresses or fax numbers.

The law also allows the inclusion in the statement of claim of other information that is important in the consideration and resolution of the case.

IMPORTANT! When filling in the data about the plaintiff/respondent, it is necessary to indicate their full name, address of residence and contact numbers so that the secretary can summon them to court.

Do not confuse defendants / plaintiffs and third parties. The main difference between them is that third parties, as a rule, do not make claims regarding the subject of the dispute, and if they do, they are secondary parties.

Where can I find an example of a statement of claim (form)?

How to write a statement to the court, a consumer protection consultant can tell you.

An example of a statement of claim to the court. Application Structure

A typical sample of a claim filed by a citizen with the judicial authorities usually contains the following parts:

1. Introduction. The introductory part assumes an indication of the names of the parties to the case, their addresses and contact details. The introductory part is drawn up as a separate column in the upper right part of the document. In the introductory part, the cost of the claim is noted.
2. Description . Starts after specifying the name of the document. In this part, the plaintiff briefly but fully sets out the essential circumstances of the case and the content of the violated rights, referring to the norms of domestic legislation.
3. Conclusion . In the operative part, the applicant summarizes all of the above and puts forward demands. Usually the final part of the statement of claim begins with the word "please".

The applicant also lists the documentation that he attached to the claim in order to prove the circumstances set forth in the main part of the application.

The date of writing the application is indicated in the lower left part of the document, and the plaintiff's signature with a transcript is put in the lower right part.

Sample application to magistrates' court

The structure of the claim in the world court is no different from the structure of the application in the district court. The only feature is the correct indication of the name of the world court in the header of the claim. There is no need to indicate the full name of the justice of the peace in the application, even if you know that the consideration of the case relates specifically to its section.

The statement of claim must be accompanied by all materials proving the information set forth in the document. At the end of the claim, the applicant must put his signature.

Who can file a lawsuit in court?

Most companies that provide legal services to citizens offer assistance to clients in filling out a claim form.

Professional lawyers, who are well acquainted with the intricacies of entering information into the application, cope with this procedure quickly and without difficulty.

The situation is different if the application is filled in by the plaintiff personally. Citizens who did not have experience in With leaving the statement of claim, they may make various mistakes, the presence of which will make it necessary to rewrite the statement.

That is why it is recommended to entrust the verification of the finished application to a specialist.

Drafting a claim

Filling out a sample statement of claim to the court requires accuracy and care.

It is necessary to adhere to the official business style of narration, and state all the important circumstances of the case without unnecessary emotions.

You should not include in the content of the document a description of circumstances that are not related to the claim.

Requirements for the content of the statement of claim to the court

The information described in the application must be confirmed. Unsubstantiated information should not be included in the claim.

Pointing to certain circumstances, the plaintiff must substantiate them with references to laws or other normative acts. The documents referred to by the plaintiff (for example, cash receipts, civil contracts) must be attached to the application.

Thus, every citizen whose rights have been violated has the right to apply to the court for their protection by filing a statement of claim. The correctness of the filing of the claim will be one of the main factors affecting the decision made by the judicial authorities following the consideration of the document.

To resolve controversial issues, people almost always have to seek help from the courts. For example, if we are talking about a divorce where there are children, but the place of their residence has already been determined by the parents on their own, then the justice of the peace will deal with the dissolution of the marriage. The latter also considers cases on the recovery of alimony, the issuance of court orders, and also 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 an application to the world court. A sample of the required 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 an application to a judicial authority, a person must decide where exactly he will take his application. In this case, it is necessary to seek the help of professional lawyers or the norms of the Code of Civil Procedure. After all, it considers only certain categories of civil cases. Below are the following ones:

• cases for the issuance of court orders;
• about divorce, if there is no dispute between husband and wife about children;
• on the recovery 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 get a sample application to the Magistrate's Court. After all, when applying for help to lawyers, you will need to pay a certain amount for the service, and not every person can afford it.

So, samples of writing applications can be taken right in the building of the Magistrate's Court. As a rule, they are located on the stand or in a special folder on the table at the entrance. True, in each world court it can be different. Therefore, if a person has encountered a specific problem for the first time and does not know how to properly draw up a document, then it would be best to come to this authority and ask the bailiff at the entrance where to find samples of applications to the magistrate's court.

Take on site

This will be done quite simply by those people who are good at computers and know how to use the Internet. After all, each judicial body has its own website. This means that sample applications, as well as other information that citizens need, are there.

Here you also need to know that justices of the peace are distributed over sections, which include the territory with the names of the streets of the settlement. Therefore, a person will be able to apply with a statement only to the authority that deals with the consideration of cases at these addresses. The exception here is filing a claim for alimony or divorce when the child lives with the plaintiff.

Therefore, the magistrate's 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 applying to the Magistrates' Court.

Decor

The claim to the Magistrate's Court is drawn up taking into account the requirements of the Code of Civil Procedure. After all, a statement drawn up according to the rules will be considered the beginning of a civil process. Therefore, here you need to accurately indicate all the data of the parties, their addresses. A sample application to the world court for the dissolution of a marriage union between spouses where there are common children under 18 years old will look like this:

Justice of the Peace ______________ (it is better to indicate the data immediately)

judicial district _____________ (No. __)

Claimant __________ (all data in full, address and phone number for communication)

Respondent __________________ (surname and initials, place of residence)

Petition for divorce

______ (full date) I, __________________ (plaintiff's data) married a citizen (surname and initials of the defendant), with whom I 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 the provision of the child are paid _______________ (specify voluntarily or by decision of the justice authority).

In fact, family relations between us were terminated _____________ (number). There is no joint venture. Further cohabitation and the preservation of the family are impossible. We have no property dispute. An agreement on the upbringing and living of the child has been reached between us.

Based on the foregoing and taking into account the norms of articles 21, 22 of the Family Code, I ask:

To dissolve the marriage with the defendant, registered _____________ (date) in the registry office of the city _____________, act record _________.

Applications:

1. Document on registration of marriage.

2. Birth certificate of a joint child.

3. Check for payment of state duty.

4. A copy of the claim (for the defendant).

Signature ______________

The date____________________

General

It must be remembered that the term for permission by a justice of the peace is exactly one month. It is counted from the moment when the case was accepted for proceedings. Thus, if a parent filed a lawsuit with the Magistrate's Court to recover child support from the other parent, then this dispute must be resolved within a period not exceeding one month. Otherwise, you can write a complaint to a higher authority.

If there are no children

If one of the spouses does not give his consent to the divorce or deliberately delays this process, then the dissolution of the union is carried out in the magistrate's court. The sample statement of claim in this case will be slightly different from that used by people who have minor children. The document is formatted as follows:

Justice of the Peace ______________

court district No. ____ of the city of _____________

Claimant _____________ (data and address)

Respondent______________ (last name, initials and known place of residence)

Petition for dissolution of marriage

"___" _________ year, I married ______________ (indicate the respondent's details), with whom I lived together until ______ (such and such period). Since _________, our marriage relationship has actually been terminated. There is no joint household and further preservation of the family is impossible. We have no common children who are under the age of 18 from marriage.

After discussing the situation with the defendant, we came to the conclusion that we need to get a divorce. Nevertheless, so far 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 the divorce, but also does not show up for the relevant registration in the registry office within two months, I consider it possible to terminate our union in court.

Guided by articles 21-23 of the Family Code, I ask:

To dissolve a marriage with a citizen ______________, registered in the registry office of the city of _____ (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 the state fee.

3. Certificate of marriage.

Plaintiff's signature _______________ (printed)

The date ____________

Here it is also necessary to indicate that you can take one in the magistrate's court right in the very building of justice. Currently, special terminals are installed there, through which you can pay the state fee.

To provide for children

Funds from irresponsible parents are collected in court. In the event that the father of the child is known, and he is also included in the birth certificate of the baby, then in order to recover alimony from the latter, you just need to apply to the magistrate of your area. This can be done by the person who is supporting the minor. As a rule, children almost always stay with their mothers.

The latter, in turn, are often interested in the question of how to correctly draw up an application to the Magistrate's Court for alimony? A sample of this document can be taken directly from the organ of justice. To do this, you just need to go to the world court.

As a rule, there is a simplified procedure for quickly resolving this contentious issue. To recover child support from an irresponsible parent, the mother of the baby (less often the father) can by filing an application for a court order. It takes less time than a civil case (when filing a claim).

The application is filled out as follows:

Justice of the Peace ______________

court district _____________

Creditor _________________

Debtor _______________________

Application for issuance of a court order on _______________ (write about what, for example: on the recovery of alimony for a child)

The recoverer and the debtor terminated the marriage union _________________________ (indicate the 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 run a joint household.

The former spouse (data of the debtor) does not pay money for the maintenance of a common child, does not take part in his upbringing and life.

The debtor has no other children. Deductions from his salary according to 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 for the recovery of alimony from _________ (data of the debtor, place and date of his birth), in favor of ___________________ (indicate the name and initials of the claimant) for the maintenance of the child ____________________ in the amount of 1/4 of all income of the debtor until the moment of execution (son or daughter) 18 years.

Applications:

1. A copy of the document on the dissolution of the marriage union.

2. Birth certificate of a common child.

3. Certificate from the house management that the minor lives with the claimant (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 off a previously taken loan. Representatives of banks, most often, take a sample of filling out an application to the Magistrate's Court for the collection of accounts payable from this judicial authority 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 such a problem. In the event that an employee has not received earnings for the second or even third month, then he needs to seek help from the judicial authorities. There is an order here. First you need to go and take a sample application in the magistrate's court. Cases relating to non-payment of wages to employees are resolved only in the order of writ proceedings. After that, the head of the organization is notified about the decision of the judicial body. As a rule, in such cases, the payment of wages is made immediately.

Compiling is not easy. Therefore, in most cases, people prefer to turn to professional lawyers. If you decide to make an application yourself, you should read the material below. These tips will definitely help.

Statement of claim as one of the forms of claim

The statement of claim is considered one of the forms of the claim. Therefore, by submitting such an application, a person declares that his rights have been violated, challenged. - this is an external manifestation of the right of a person (legal, physical) to protect his interests.

Article 131 of the Code of Civil Procedure of the Russian Federation contains instructions regarding the rules for compiling this document. These rules are mandatory, so you should not deviate from them. This document refers to the written form as the only possible one.

Required content

The statement of claim should consist of several paragraphs. Among them are:

• the official name of the judicial authority to which the application is addressed;
• full information about the plaintiff, including index, address; for legal entities - all details;
• when filing an application not by the plaintiff personally, but by his representative, information about the representative is needed;
  information about the defendant;
• the claims of the plaintiff, a statement of the essence of his claims related to the violation of his rights or the potential possibility of their violation;
• an indication of the amount of money that it was decided to collect / challenge (the price of the claim);
• the circumstances that are the basis for the presentation of claims;
• evidence to substantiate the above circumstances;
• list of documents attached to the application;
• the date.

If not all information about the defendant is known, for example, there is no data on the place of his actual residence, indicate only. In this case, the judicial authorities will determine the place of actual residence of the defendant. If it is found out that the defendant lives in another area, the statement of claim will be redirected to another branch of the court.

Features of the prosecutor's claim

Sample statement of claim in the magistrates' court

When an application is submitted on behalf of a person, it is aimed at observing the interests and rights of the state. In this case, all specific interests are listed without fail, as well as the rights that have been violated, all this is accompanied by a mention of normative acts in which there is data on how the mentioned interests should be protected.

Sometimes the prosecutor submits an application to protect the rights of a particular citizen. In this case, it should be mentioned that the citizen himself is not able to file an application for the protection of his interests. Alternatively, the prosecutor's service may enter information that a citizen's appeal has taken place.

Special clauses of the application

It is not forbidden to include additional contact information in the application. These can be phone numbers of the parties, fax numbers, e-mail. If any information can help in the consideration of the case, it can also be included in the document.

Features of drawing up an application in the presence of several persons in the role of one of the parties

More than one person can be a claimant.

Often more than one person is the plaintiff. A similar situation may arise in relation to the defendant. In any case, the statement of claim must be one. This document should be submitted to the appropriate.

When compiling such a document, all plaintiffs / defendants are listed, accurate information about them is indicated. This is an indispensable condition, because otherwise the court staff will not be able to call on all parties in full force.

When drawing up such claims, it is necessary to distinguish between persons participating in the role of one of the parties and those who are third parties. The difference is that third parties are not directly related to the claims on the subject matter of the dispute. Even if their interests are affected, then in a secondary order.

claim form

Drawing up a statement of claim without strict adherence to the generally accepted form will not end in anything good. It is better to take the standard form of such a document in advance in the court where it is decided to apply. If you encounter difficulties in preparing a document, you can contact a consultant for help.

The structure of the claim

Regardless of the content, the structure of the statement of claim is always the same. The application must contain 3 parts:

1. Introduction. This part consists of information about the parties (name, address), an indication of which judicial authority the application is being submitted to. The introduction is written in the upper right part. The price of the claim is also indicated here.
2. Description. This part goes immediately below the name of the document itself. It contains the circumstances stated by the plaintiff, indications of the rights, interests that have been violated or are in a state of potential violation. It is necessary to write here clearly, accurately, observing business style. Emotionality, colorfulness are not allowed. References to specific articles of the law are obligatory.
3. Conclusion. Here it is necessary to summarize and list the requirements. You need to start this part below the main one through a line break. The first word should be: "Please." Below the conclusion, on the left is the date when the application is submitted to the court, and on the right is the signature of the plaintiff, it is deciphered in brackets.

Features of the application to the world court

Writing an application to the court follows the same principles as applications to the district court. There are no significant differences. The main thing is not to forget to correctly indicate the name of the court to which the application will be submitted in the upper part. The full name of the justice of the peace is not written, there is no such requirement in the regulatory documents.

The statement of claim must have an appendix of documents that will help to understand the case. Their list is included in the application itself, at the end the date and the signature of the plaintiff are also put.

Right to file a claim

The claim must be clearly drafted.

The need to follow generally accepted standards, indicating in the statement of claim certain articles of the current legislation, makes the preparation of this document a difficult task. Therefore, many prefer to turn to professional lawyers for such a service.

This is permitted by law. Even if you decide to draw up a claim on your own, it is better to give it to a lawyer for verification. After all, the presence of inaccuracies, errors will cause the court office to refuse to accept the document. It will have to be rewritten. As a result, this may take an indefinite time.

Features of writing an application

As already noted, the main style of presentation in the statement of claim is businesslike. Existing facts should be accurately stated, descriptions, comparisons, figurative expressions should be avoided, digressions, ambiguity of interpretation should not be allowed. We need figures, specific facts that are directly related to the case. Syntactic constructions need to be simplified in order to prevent a distorted understanding of your position by the representatives of the court.

Content Features

Courtroom

It is forbidden to draw up an application on the basis of data that cannot be confirmed or substantiated. Unfounded statements, the lack of a proven point of view will play in favor of the opposite side. All important circumstances must be correlated with certain articles of the current legislation. Both the articles themselves and the items that are needed at the moment are called.

If links go to financial documents, for example, to checks, receipts, their copies must be attached to the application being submitted, the same rule applies to, and so on. It should be borne in mind that the authenticity of copies of payment documents must be certified. The procedure for certifying them varies depending on the circumstances.

Anyone can go to court to protect their interests. In order to achieve full compliance with your interests in court, it is necessary to correctly draw up a statement of claim. After all, this document reflects the position of the plaintiff, substantiates the legality of his claims. Therefore, it is necessary to follow all the rules for compiling this document, not to deviate from them.

If there is no experience in writing such a statement, it is better to seek help from professionals. For them, the preparation of such documents is a familiar activity, so everything will be done quickly and without errors. Of course, this service is paid. However, the possibility of losing in court due to a misinterpretation of one's position can bring more losses.

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