With the need to defend its rights in court, everyone may encounter. Any legal process begins with the claimant of the claim. It was with the help of him a citizen reports a court of violation of his right or the need to resolve a controversial issue. Successful outcome of the case depends largely on literacy and completeness of the claim. People, far from jurisprudence, prefer to apply to compile this document in various law firms. Meanwhile, it is possible to prepare an excellent statement and independently.
General requirements for the statement of claim
The statement of claim is given to the court at the place of residence of the defendant. The document is drawn up in free writing. It is advisable to print it on the computer, but the application written by hand will also be accepted by the court in production. The statement of claim and all the documents attached to it should be prepared in three copies: one for the court, the second is sent to the defendant, and the third remains at the plaintiff. In the event that the interests of the plaintiff represents a different person, in the claim, it is necessary to indicate both the plaintiff and its trustee, and to the application to make a power of attorney.
How to fill the header of the claim
At the beginning of the application, the name of the court should be indicated, as well as the data on the claimant and the defendant. It is important to specify not only the name, but also a mailing address, telephone, email. All of these data will help the Court to contact the defendant and report on the appointed court session.
As an example, consider one of the most popular claims - the divorce of the spouses and the separation of them together.
If the claim contains the requirements of the property character, it is necessary in addition to the data on the plaintiff and the defendant, specify the price of the claim. In the case under consideration, this cost of half of the entire property of spouses, which they want to divide among themselves.
Next, you must specify the name of the document and the subject of the claim. In this case, the subject of the claim will be the divorce and section of the property of spouses.
How to write the basis of the claim
Under the reason you need to understand a detailed presentation of all the circumstances of the case capable of affecting the court decision. This is the most important part of the claim, it is worth considering it very responsibly. Significant facts are described in chronological order. Avoid in the text of emotions and personal estimates of what is happening. The text of the application must be "dry". Strictly follow the logic of the presentation, do not include information that does not have significance for the case. Begin the statement of facts follows from the moment of the occurrence of prerequisites for a dispute between the parties. So, in the case of a broken-separated process, the incorrect will be described in the lawsuage moment of acquaintance with the future wife or the moment of starting cohabitation. For the court, this information does not matter, since the rights to the common property arise from spouses from the moment of the official marriage. That is, to start the presentation of the grounds is needed from the fact of marriage with the defendant.
It will not be superfluous to indicate the actions of the parties undertaken to pre-trial settlement of the dispute, as well as the norms of legislation that indicate your rightness. The more fully the reason for the claim, the less questions will arise from the judge during the court session.
The basis of the claim may look as follows, but this content is not typical and can change at the discretion of the compiler.
What is a leaking part of the claim
The name "Sleeping Part" speaks for itself. In it, we must specifically indicate what we are waiting for the court decision. For a sphere part, the wording is not suitable: "I ask to punish the defendant", "I ask to divide the property", "I ask to figure out the situation." The claimant's requirements should be maximum specific. The figure shows an example of the proper decoration of the interlacing part.
In conclusion, you must list the list of documents attached to the statement of claim and confirming the facts set out.
At the bottom of the statement is the signature of the plaintiff and the date of drawing up the document.