Damage - material losses are not their own fault. The amount of damage can be large, and the perpetrators refuse to pay. In such a situation there is a way - to submit to the court a statement of claim. Statement for damages - one of the most common species of the claim. According to Russian law, the damage distinguish the moral and material.
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Material damage - the actions of any nature, which served as a threat to life and health (DTP), which led to the loss of or damage to property (Bay apartment). The moral damage is often accompanied by a material, defined as the infliction of mental suffering. Damage caused by natural or legal person, must reimburse in full ( st.1064 of the Civil Code). You must all be documented, then when you contact the court can confirm the repayment of the entire amount of the damage. Debts are paid voluntarily - by agreement or compulsorily.
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The statement of claim, compiled by all the rules, certified by a notary - is an important step on the way to winning the case in court. It should make a voluntary and damages. Correctly formulate the statement of claim - your main task. According to article 131 of the Civil Procedural Code of the Russian Federation, it must be indicated: name of the court, name and place of residence of the plaintiff, the name and place of residence of the defendant, their contact information, a description of the circumstances in which the victim has suffered damage, the claim is, the calculation of the amount of money, the list of attached documents. For details, see " How to make a claim».
If in the process of the proceedings of the case of damage to the person reached the consent, we settled all the questions that arose, you have the right to write a statement to the court on the settlement agreement between you. The court will close the case of a forced recovery of damage, because His duties include maintaining a peaceful settlement of the disagreements of the parties, he must promote a truce in every way.
Write the settlement agreement in conventional writing, arbitrarily or in the official, standard form. In any case, it should be assured notarially. The signed document has the same legal force as the statement of claim. If the defendant misses payments, violates the agreements described in the World Agreement, then the court looms payments in a compulsory payment, as on the executive list. For debt recovery, the bailiff service is then attracted.
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If the peaceful settlement of the issue of compensation for damage between the arguing parties was not achieved, it is impossible to conclude a voluntary contract, the case is transferred to the court. The amount of damage defined by the court decision will be paid by the defendant forced. Such cases are usually very complex. Damage will not be subject to refund, if the fact of its cause is not proven. Carefully treat the accuracy of calculating the amount of compensation and reinforce the calculation documented.
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The monetary amounts paid by the violator are coming to the plaintiff by bank or postal transfer. This is done in order for the defendant in his hands there were documents about the payments produced by him. Checks, receipts, other payment documents, he may present in court if necessary to confirm the fulfillment of obligations to repay the debt. The shelf life of documents is 5 years after paying the full amount for damage.
It is important to indicate full information about the harm caused to you. When determining the amount of compensation, provide calculated formulas. Do not forget to take into account the refinancing rate of the Central Bank of the Russian Federation.
The statement of claim for compensation for damage to the consumer;
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