home › Tests › Sample statement of claim to the Magistrate's Court. Sample application to magistrates' court

Sample statement of claim to the Magistrate's Court. Sample application to magistrates' court

When people do not have the opportunity to resolve a dispute or reach a mutual agreement, they turn to the courts for help. First you need to find out which of the courts - world or district - considers issues similar to the one that has arisen, then study the legislation regarding the disputed situation or consult with a lawyer and draw up a statement of claim.

Sample applications can be found by contacting the Magistrate's Court and, focusing on them, choose a template for your claim. The decision of the judge directly depends on the quality of preparation for the trial, so you need to study all the nuances of this procedure in advance.

What cases fall within the competence of the magistrates' court?

The justice of the peace considers civil, administrative and criminal cases as a court of first instance. If the decision on the claim was made by him and even entered into force, but new important circumstances were discovered, the case is also considered in the same court.

The justice of the peace resolves disputes about property if the value of the claim is less than 50,000 rubles (this does not include inheritance cases and disputes about the creation and use of the results of intellectual activity), considers cases by order (claims for a bill of exchange, alimony payments, some salary requirements and so on.). He is also served with statements of claim on the establishment of a procedure for the use of property or on the dissolution of a marriage in the absence of divorced disputes regarding children, and so on.

Requirements for making a claim

Appeal to the Magistrate's Court is made in printed or handwritten form. The Civil Code of the Russian Federation (Art. 131 and Art. 132) contains information on how to write a statement of claim correctly and what is the procedure for its consideration, as well as the requirements for the document. It should be remembered that the judge will not accept the application if it is left in an arbitrary form without observing the established norms, and also if the consideration of the case is not within his competence.

Before filing an application, it is worth considering your requirements, identifying the appropriate defendant. When drawing up a claim, the applicant must look at the circumstances from the outside in order to describe the circumstances in detail and as objectively as possible. No need to use abbreviations and abbreviations. Describing a controversial issue in a lawsuit, you need to provide specific facts, accurately indicate the time and place of events. The claim must clearly show a causal relationship with the circumstances set forth.

When filing an application with the court, citizens must take into account the statute of limitations established by law, that is, the time during which a claim can be filed with the court. Currently, the law establishes a three-year statute of limitations. This rule applies to absolutely all disputes resolved through the courts. Thus, from the moment the violation occurs, citizens have three years to challenge a certain fact in court.

[What needs to be specified?]

The text of the statement is drawn up in the official style. Neutral language must be used. There are no requirements for the length of the document in the law, but it is desirable that the text be concise and well-reasoned. There is no need to write about your own assessment of the opponent's actions, the judge will draw conclusions on his own. Moreover, it is not necessary to insult the defendant and use slang or obscene language. Such a text will only harm the applicant.

It is better to draw up your claim according to the model (see above). Claim forms are usually posted on the stands in the reception area of the court. In the submitted application (claim), you will need to state the following information:

contact details of the plaintiff (last name, first name, patronymic, residential address, telephone number, etc.);
information about the defendant;
the address and name of the judicial authority where the document is submitted;
surname, name, patronymic of the judge;
a description of the violation or the nature of the dispute;
the cost of the claim (calculated in accordance with the law);
requirements for a lawsuit (pay off debt, file a divorce, etc.);
substantiation of requirements and proof of one's own correctness;
list of attached documents;
date and signature of the applicant or his legal representative.

The text of the application must contain references to legislative acts indicating the violated articles or articles confirming the rights of the applicant. Documents, affidavits, audio recordings, and video footage supporting the alleged facts will be required for a speedy and efficient trial.

[What documents should be attached?]

When the statement of claim is drawn up, it must be supplemented with some appendices, which depend on the circumstances of the case. First of all, these are documents confirming the validity of the plaintiff's arguments. Documents must be evidence-based. It does not hurt to make a copy of the appeal and all attached documents in advance. The number of copies depends on the participants in the trial, because each of them must carry a copy of the papers in question.

Court cases that provide for the possibility of pre-trial settlement of the dispute, for example, by filing a claim, must be supplemented with documents of the corresponding correspondence (letters and answers to them, etc.). It should be understood that non-compliance with the requirements may result in a refusal to accept the statement of claim and consider the case. Regardless of how the requirements are established - by legislative acts or by agreement of the parties, all parties to the trial must adhere to these norms.

Application procedure

The procedure for applying to a magistrate is clearly regulated by the laws of the Russian Federation. Citizens have the right to send a statement of claim in any convenient way.

Criminal cases of private prosecution are considered by the Magistrate's Court. Cases, the subject of which is the intentional infliction of harm to health, insult, slander, beatings, may be initiated by the victim or his legal representative. To initiate a case, you must send an application to the justice of the peace.

The document indicates the name of the court to which the application is addressed to the justice of the peace, full name, address and passport details of the applicant. The text of the statement should describe the place, time and circumstances of the crime, provide information about the witnesses and the accused. At the end of the application contains a request to accept the case for consideration.

The first three mandatory items relate to filling in the initial details. Start by specifying the addressee - this is the name of the court in which your claim will be considered. Next, write the last name, first name and patronymic, as well as the place of residence of the plaintiff for individuals. Or the full name and details of the enterprise, if the plaintiff is a legal entity. In the same format, fill in the details of the respondent.

Now state the essence of the matter clearly and clearly, describe the circumstances that caused the situation. List the evidence supporting your claim. Describe exactly how your interests were infringed, supporting your case with references to specific articles of the current legislation. Provide calculations, if necessary, substantiating the fairness of the amounts of compensation presented to the defendant.

Communicate your requirements to the defendant, turning to the court for the protection of your rights and freedoms, starting with the appeal "Please."

sample statement to magistrate

Application to the justice of the peace sample. The applicant was putting up advertisements on the front door of the entrance. A citizen unknown to the applicant, on the basis of personal hostile relations that had arisen, acting deliberately, with the aim of causing bodily harm, began to beat the applicant, inflicting several blows on the head and foot on the buttocks. The applicant asks to prosecute a citizen for causing minor bodily harm to the applicant.

To the justice of the peace of the court district No. ___ ________________ of the district of the city of _______

from: __________________________

STATEMENT

in accordance with Art. 116 of the Criminal Code of the Russian Federation.

I am _________________, residing at the address: _________________, passport series ____ No. __________, issued by ________ in the district ___________ of the OUFMS of Russia in ___________ in the Eastern Administrative Okrug, _________ __________ year, at about __ hours __ minutes, he pasted up advertisements on the front door of the _ entrance of the house located at: _________________________

Previously unfamiliar to me, ______________, on the basis of personal hostile relations that had arisen, acting deliberately, with the aim of causing bodily harm, began to beat me, inflicting several blows on the head and with the foot on the buttocks. ________________ accompanied his illegal actions with foul language and threats of reprisal against me.

The place of residence, as well as information about the identity documents of ______________ are unknown to me, since I had never known him before.

It is not possible to confirm the act committed by _______________ by witness testimony, since no persons were present at the time of the conflict.

At the same time, _____________ committed the crime with direct intent, because he was aware of the social danger of his actions, foresaw the inevitability of the onset of socially dangerous consequences and desired their onset.

With bodily injuries, I went to the Trauma Center at Polyclinic No. ___, at the address: ______________, where bodily injuries were recorded in the form of a bruise of the soft tissues of the left zygomatic region.

On the same day, I wrote a statement to the Department of Internal Affairs for the district _____________, _________, and _______. through the postal service received a Resolution on the refusal to initiate a criminal case dated _________.

In the said Resolution, police major ___________ indicates that in the course of studying the material on this fact, it is clear that the actions of citizen ____________ formally contain signs of a crime under Art. 116 of the Criminal Code of the Russian Federation: beatings, however, according to Art. 20 h. 2 Code of Criminal Procedure Art. 116 of the Criminal Code of the Russian Federation applies to cases of private prosecution and on the basis of Art. 318 of the Code of Criminal Procedure of the Russian Federation is considered by justices of the peace and is initiated only at the request of the victim addressed to the justice of the peace.

Based on the above and guided h. 2 Article. 20, Art. Art. 318, 319 Code of Criminal Procedure, -

PLEASE COURT:

1. Take the case to your production.

2. Bring to criminal liability under Art. 116 of the Criminal Code of the Russian Federation ____________________, ____ year of birth, living at __________________ for causing me minor bodily harm.

3. To demand from the Department of Internal Affairs for the district ____________ ________ the materials of the check on the fact of causing me - ___________________, slight bodily harm.

You're looking for: Letter to Justice of the Peace sample - updated today.

Description:

Models and forms of agreements. Silver gray at the temples. The best examples of statements of claim in court. Rick and his partner went up letters, Stone drove up to could not pronounce either. All claims to the court on the site. Letters were repeatedly sent to the defendant demanding repayment. Appeal against the decision of the justice of the peace (in the case of an administrative offense). Sample letter to magistrate - found. Sample letter to magistrate. On the approval of samples and descriptions of the seal and the form of the cover letter of the justice of the peace of the Republic of Mordovia.

How to write a lawsuit in the World Court. Need a sample please.

Valery Higher Mind (321944) 6 years ago

There are no ready-made samples, especially since you did not say what you want to argue about. Rules for filing claims are specified in Art. 131, 132 Code of Civil Procedure of the Russian Federation

Article 131. Form and content of a statement of claim

1. The statement of claim shall be submitted to the court in writing.

2. The statement of claim must contain:

1) the name of the court to which the application is submitted

2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative

3) the name of the defendant, his place of residence or, if the defendant is an organization, its location

4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his claim

5) the circumstances on which the plaintiff bases his claims, and evidence confirming these circumstances

6) the value of the claim, if it is subject to assessment, as well as the calculation of the sums of money recovered or disputed

7) information on compliance with the pre-trial procedure for applying to the defendant, if this is established by federal law or provided for by the agreement of the parties

8) a list of documents attached to the application.

The application may contain telephone numbers, fax numbers, e-mail addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the petitions of the plaintiff.

3. The statement of claim filed by the prosecutor in defense of the interests of the Russian Federation, constituent entities of the Russian Federation, municipalities or in defense of the rights, freedoms and legitimate interests of an indefinite circle of persons must indicate what exactly their interests are, what right has been violated, and also there should be a reference to the law or other regulatory legal act providing for ways to protect these interests.

If the prosecutor appeals to protect the legitimate interests of a citizen, the application must contain a justification for the impossibility of bringing a claim by the citizen himself.

4. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court.

Article 132. Documents attached to the statement of claim

Attached to the claim are:

copies thereof according to the number of defendants and third parties

document confirming the payment of the state fee

power of attorney or other document certifying the authority of the representative of the plaintiff

documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies

evidence confirming the implementation of the mandatory pre-trial procedure for settling a dispute, if such a procedure is provided for by federal law or an agreement

Calculation of the exacted or contested amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.

Where to start writing an application?

First of all, the petition indicates the number of the district judge of the peace and the address of its location. In the same line you need to write the name of the judicial body. Next, the full name of the applicant and the amount of claims are indicated, if they are provided for by this proceeding.

When specifying the address, write it together with the index and apartment number. Phone numbers and e-mails of the parties to the proceedings will also be required. In some cases, the name of the position or other information about the applicant is reported. Then the title of the document is written, after which its essence and other important provisions are stated.

What information should be provided in the application?

When preparing an appeal to the judicial authorities, you can use a ready-made sample application to the Magistrate's Court. It, as a rule, already spells out the main points that allow you to easily achieve the desired result. However, it is better to seek help in drawing up an application from an intelligent lawyer. If you decide to prepare a document yourself, adhere to the following content:

start by providing information about the applicant, including place of residence and registration, full name, passport details and other information;
then you need to describe the incident itself, giving its date, exact or approximate time;
what kind of unlawful act was committed by the other party to the proceedings;
if you know the name of this citizen, tell him, adding the address and contact information;
if such data is unknown, ask the court to identify such information in order to bring the violator to justice;
when it comes to compensation for harm or other monetary obligations, state the amount of payments;
it is also necessary to indicate the period of delay or other data on violations of financial obligations;
list the available grounds for filing such an appeal to the court, referring to them on legislative norms;
if there is additional information that could affect the outcome of the proceedings, please report them.

It is advisable to list the available evidence of the offense in the main part of the document. They need to be referenced during the description of this event. Evidence includes documents confirming the existence of legal relations between the parties, written obligations of the other party, according to which violations were committed, testimonies and other facts. At the end of the main part, references to laws regulating such legal relations are listed. Basically, these will be articles of procedural codes and specialized laws.

The final part of the document opens with a pleading section. In it, you need to ask to take the case to court, to bring a certain person to justice, to demand materials on the case or the results of any verification from other bodies, etc. The following lists the documents attached to the application, which include a copy of the application itself. A copy of the identity card and papers proving the existence of an offense and the guilt of the other party to the proceedings should be attached. At the end, the date of circulation and the signature of the applicant with a transcript are put.

Justices of the peace consider disputes over amounts not exceeding fifty thousand rubles or property that costs no more than this amount, as well as other cases: alimony, divorce (if there is no dispute about children), administrative cases, some criminal and others.

In addition, the justice of the peace can issue a court order - for indisputable claims, for example, tax arrears, alimony (if they are stated not in a fixed amount, but in shares of income), for the payment of amounts due to the employee, etc. A court order is issued without hearing the case within five days from the date of receipt of the application by the court.

When considering the order of filing a claim, there is a dispute about the right, each party can present their arguments and evidence. Dispute resolution, as a rule, takes place in the presence of the plaintiff and the defendant.

Guidance on drafting a statement of claim to the magistrate

It is no different from a claim in a district or city court. The heading of the statement of claim indicates the world court resolving this dispute, the plaintiff and the defendant, their addresses, the price of the claim (if necessary), the amount of the state duty. The court district is determined according to the general procedure at the place of residence of the defendant, and if the organization acts as the defendant, then at the place of its location. However, in some cases this rule does not apply.

For example, a parent with whom a child lives can file a divorce suit at their address. For the protection of consumer rights, the plaintiff may choose the site of the magistrate at his place of residence or at the place of conclusion (execution) of the contract.

The text of the claim lists the circumstances of the case, the violated rights of the plaintiff (in his opinion) with references to articles. The petitioning part formulates the actual requirement for the court: dissolve the marriage, reduce the amount of alimony, recover the amount, etc. The judge in his decision will have to resolve the dispute according to these proposed requirements: to satisfy the claim, to refuse the claim, or to satisfy in part.

The statement of claim is signed by the plaintiff or his representative (in this case, a copy of the power of attorney must be attached) and it indicates the date of filing with the court.

Sample statement of claim in the magistrates' court can be downloaded from the link.

The application must be accompanied by copies of documents confirming the arguments of the plaintiff for the court, as well as, if necessary, for the defendant (defendants) or third parties (if they do not have documents or copies thereof) and a receipt for payment of the state duty. Copies of the statement of claim for the party and third parties are also required. The court will independently send to the defendant (defendant) and third parties their copies with copies.

The statement of claim with attachments can be submitted to the reception of the Magistrate's Court in person with a passport or sent by mail. A proxy may also act on your behalf. When applying through the reception, you should have an additional copy of the application, on which the court clerk will put the incoming number. Then you can be sure that the document will not be “lost”.

The justice of the peace hears a very significant number of different cases, but you must know exactly what how to apply to magistrate and how to compose it correctly. An application to a justice of the peace can be submitted by the applicant personally, or you can send them through a representative and by mail. If you are sending an application by mail, then you must do it correctly. We draw up a notification document so that after receiving your letter, you receive certain guarantees that it has reached the addressee.

How to file an application to the magistrate?

So, let's start from the beginning, you can apply in the following ways:

In electronic format through the system "my arbitrator";
By regular mail;
Through personal provision;
By submitting an application through a representative.

The "my arbiter" system is universal. It allows you to send all kinds of procedural documents in electronic format. It has existed in our country since 2002.

We draw your attention to the need to pay the state fee. It is paid in case of filing a statement of claim, as well as an application for issuing a court order. A fee must be paid when filing an application for the reissuance of copies of court orders, sentences and decisions, as well as other documents issued by a judge. The application that you will submit to the justice of the peace must certainly be executed correctly. In this case, you need to rely on the Code of Civil Procedure - Article 131. The statement of claim is submitted in writing. It must contain the following information:

The name of the court where the application is sent;
Be sure to indicate all the data of the applicant and the defendant;
The essence of the matter is indicated. Moreover, in this case it is very important that additional data be indicated in the form of regulatory legal acts that allow cases of such a plan to be considered by a justice of the peace;
It is very important to correctly indicate all the features of the essence of the case. Remember that if certain legal errors are made in this case, then the application may in principle not be considered by the judge.

A receipt confirming the payment of the state fee must be added to the application. You also need to collect a package of certificates and other documents that can act as certain evidence. All documents must be fresh, that is, if we are talking about certificates, they must be issued at least one month ago. Among other things, during the trial, you will need to provide the documents that the judge may need to study your case.

In principle, there is nothing difficult in filing a claim with a justice of the peace, moreover, samples of documents are published on the official websites of the court today, using which you can quickly draw up all the documents without outside help.

Often, by providing seemingly indisputable arguments, the court decision is not on your side. You need to know how to properly appeal a court decision and where to go, ...

Judges do not always behave at meetings within the framework of procedural legislation. This causes a negative, but few people know how to appeal against the actions of a judge or sue him ...

The bailiff service performs numerous actions regarding the recovery of funds from debtors. Bailiffs begin to act only after ...

There are a lot of legal concepts that seem incomprehensible to us, but they are used quite often. If you are going to be sued, then you need to dive into...

Popular in category: