Many citizens may face an unsolvable problem that requires appeal to court. This should not be frightened, since a courted citizen will easily prove its rightness, or take advantage of the services of a lawyer. Often, people prefer not to contact the court only due to alleged expenses and trouble, however, for others to defend their right point - the question of principle. This article will open the basic rules and recommendations on an independent business in court.
Who can file a lawsuit on their own
You do not need to be a lawyer or approximate to go to court one. There is an article number three in the Civil Procedure Code of Russia, which states that you have the right to protect your interests in court. Since there is no additional condition about the person who will represent these interests, then you can defend them yourself, or provide an experienced specialist. It is advisable to apply for yourself if:
- You know well the rights and codes of the Russian Federation, settled in this area and are confident in their rightness completely;
- The case is quite simple, and the defendant does not persist;
- If you are a lawsuit with a request for the amount less than a lawyer asks for its services;
- When at objective reasons for the service of a lawyer for you.
This is not an official list of reasons - you can decide in what form to file a claim, and who will submit your interests.
Which court file a claim
First of all, the court sector should cover the claim. Total courts can be divided into two groups:
- World courts;
- District courts.
In the first you appeal in the following situations:
- If you want to terminate the marriage, and your case does not concern conflicts about children;
- When you need a court order;
- The division of property and consumer issues when the amount of recovery does not exceed one hundred thousand rubles. This regulates Article 23 of the Civil Procedure Code of the Russian Federation.
In all other cases, you will have to deal with the district court. You can choose the court yourself at the place of your residence or stay, it can also be the courts at the place of residence and the stay of the defendant. A joint decision on the selection of a court is not yet rebeling.
If the lawsuit is sent to the organization or carrier, then it is usually directed at the place of registration of a branch or a head office.
How to write a statement to court
The application to the court has some established criteria that best adhere to all citizens.
- In the header of the application to the right above, you specify your full name and place of residence, then write to whom the statement is addressed, that is, the name and address of the court;
- Below in the middle of the sheet is the name of the document: "statement";
- In the introductory part, you summarize your data and the respondent data. It is better to fit in three or four sentences;
- The main part can take a maximum page. It sets out the essence of appeal to the court briefly and clearly. Try to avoid ambiguous wording, too stretched descriptions. You should clearly explain the problem, and finish this part with your requirements: "I ask to pay / provide ...";
- From the bottom you put your signature, the date of treatment and the transcript of the signature.
Of course, there are also ready templates of claims for such cases. For example:
- The claim for recovery from the second spouse of alimony for the maintenance of a common child:
Claim for alimony - Refusal of inheritance: Refusal;
- Suit on the content of one of the spouses: Plaintiff spouse;
- Iska to evict tenants: Eviction.
The easiest way to contact the portal http://www.podaemisk.ru/obraztcy_iskov.html.
Here you will find a really big base of samples and recommendations. Go to the "Cameras Samples" tab, and then select your type from the list on the right.
Lower the page just below and you will see a huge list of all lawsuits. Lay off your and click on it.
Click on the link to the "Download Sample Application" field.
Save the file to your computer. Now you can open it and substitute your data. Print documents.
How to apply in court
When you have a statement on your hands, evidence of your rightness, identity card documents and other, which are required by your claim, you need to go to the desired court. In the reception you will be given recommendations for payment of state duty and indicate errors if they are.
You will be paid to the state duty, after which the date and time of the proceedings will be established. So you easily contact the court yourself.
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