How to make a claim

For the appeal to the court to court may be several reasons: refusal to satisfy your claim to someone; acquisition of poor-quality services, goods; According to the agreement concluded between you and the counterparty, he does not fulfill his duties; You or your property caused damage. The reason for the appeal to the arbitration or district court is not important, to the magistrate, since the lawsuit is always drawn up according to one rules.

Start by collecting a package of documents. To prove your trigger, the Court must submit documents confirming the validity of your claim. In this case, the likelihood of making a decision by the court in your favor increases. The list of such evidence is not established by law. For example, an act of refusal - you wrote a complaint and received a refusal to satisfy. Not bad if there is a photo, video footage. Make a calculation (calculation) of damages incurred by you, repair costs. We are talking about the dangers of health - take a medical conclusion, an extract from the history of the disease.

Make a claim in writing. For the text of the claim, use the sample suitable for your occasion. Usually they are made by lawyers, they contain all the current information needed to appeal to the court. Even a small specialist in jurisprudence on such a template can write a lawsuit correctly, following the recommendations. Practitioners and lawyers also use ready-made patterns so that important details are not missed. Then you need to pay the state duty, submit a claim to the court. Samples of claims download from our website:

The claim for submission to court is issued in accordance with the rules provided for on the computer. If you do not have the ability to dial text on your computer, write from your hand, but picking up, neatly, without abbreviations. Its form and content are described in Article 131 of the Civil Procedure Code of the Russian Federation. The upper part (hat) of the document consists of circulation - the right one, the full name of the court. Next: FULL NAME of the plaintiff (you), address of accommodation and registration (if different, both), phone numbers. Below is the information about the defendant: FULL NAME, address of a citizen or organization name, its location, telephone. The price of the claim is also indicated in the header.

Return a few empty lines from the cap. In the next part of the claim in the center, write the title "Claim". The line below also in the center indicate the name of the claim. For example, "On the recovery of debt". Further detail, thoroughly describe the essence of the problem. What violations are made by the defendant in relation to you, as the plaintiff. What is infringed by your legitimate interests, rights. The text of the statement is perceived by the court better if it is written in a calm form, without unnecessary emotions, neutrally. Only the specific facts of the violations of the law on rights in relation to you by the defendant, date, events, the norms of law.

The next "leaking" part of the document describes your requirements as an plaintiff. That is, what you want to get as a result. Having put forward demands, take into account the existing rights protection rates that are designed to regulate controversial relations. Your requirements should be consistent, based on the evidence documents, logically follow from them, be interconnected with the main part of the claim, motivated. Next may follow additional petitions, for example, about forensic examination, calling witnesses, imposing arrest. Specify their base.

In the final part of the claim, list the list of documents applied to it to evolve the validity of your requirements. The list of documents that must be submitted to the Court is listed in Article 132 of the Civil Procedure Code of the Russian Federation. In any case, there must be: copies of the claim, calculation of the amount for recovery, copies of the evidence documents that you referred in the main part of the claim, the receipt of payment of state duty. Copies of the claim as much as persons - participants in the process, one copy of the court. The statement is signed by the plaintiff in person or his trustee. Specifies the date of signing the claim.

If the lawsuit you are submitting an arbitration court, then apply an extract from EGRULE (Jarip). It can be printed with site FNS. and assure personally. Note that there should be no more than 30 days between receiving an extract and before filing a claim.