How to file a lawsuit

How to file a lawsuit

Despite the development of civilization and scientific and technological progress, unfortunately, the main problems faced by humanity at the dawn of their existence, and so much. Disputes due to causing each other material, physical and moral damage accompanied by a person throughout the evolution. True, if the politicians "who are stronger - that and the rights" adhered to the dispute resolution in the last time in the resolution of the disputes, now, now whatever the place you occupy in Sociumm, you have the opportunity to file a lawsuit to protect your rights.

1
Let's deal with how to file a lawsuit in court if your rights have been violated. For starters, try to resolve the question in peaceful way, to agree with the second party. Do this in writing so that in the future it could be given to the court of evidence that you have done everything possible on your part for a peaceful conflict settlement. Send an appeal to the second side in the form of a custom letter with a notification, where to present your requirements and grounds for them.

2
If you received a refusal or did not receive an answer, go to the next step. The law defines the following options for filing the claim:

  1. Substitution at the location of the defendant ( art. 28 GPK; The lawsuit is made to the court at the place of registration of the accused);
  2. The jurisdiction of the selection of the plaintiff ( art. 29 GPK; The application is sent to the court at the place of your registration): on the recognition of the paternity of the defendant; about labor relations; about dissolving marriage; on the recovery of alimony; about compensation for harm entrusted by injury or the death of an individual; on compensation for harm caused by law enforcement agencies or court; On the protection of consumer rights.
  3. Exceptional jelication ( art. 30 GPK; Claims on the right of ownership of real estate and the removal of arrest with property are presented at the place of its location).

Blank of the claim in court You can download on our site.

3
The amount of document you make should not exceed three pages. V article 131 GPKyou can familiarize yourself with the structure of the claim. In mandatory, it must contain:

  • court name;
  • Name and address of the plaintiff;
  • Full name and address of the defendant;
  • applicant requirements, claims and state duty;
  • grounds for presentation;
  • evidence confirming the fact of violation of the plaintiff's rights;
  • list of attached documents;
  • date and signature.

Sample filled claim to court Swing here.

4
Before applying for a court, make sure:

  • the limitation period is valid (read art. 200 kg of the Russian Federation);
  • you have enough evidence (there are witnesses in the case or irrefutable documents);
  • the statement of claim meets the requirements of the law (familiarize yourself with Art. 125 APC RF and art. 131 Code of Civil Procedure of the Russian Federation);
  • in judicial practice, positive decisions have already been made in a similar situation (judges often use examples of colleagues in identical cases to make solutions, set out examples in a lawsuit or explained to the case).

5
Apply to the world court and the court of general jurisdiction can be:

  • mail;
  • at the reception of the judge.

In the Arbitration Court, send a claim:

  • by mail;
  • through the expedition of the court;
  • through the system "My arbiter".

My arbiter

You can submit a lawsuit in court personally or by proxy. By making up a statement, try to observe a neutral tone, without emotions, describing the events so that they are understandable to the Court. Competently compiled document will save you from refusal and moral and material costs.

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