Application for the return of the statement of claim. Article 135 of the Code of Civil Procedure of the Russian Federation.

The application for the return of the statement of claim can be submitted to the judicial authority only before it is accepted for consideration. For this, as a rule, a period of five days is set. After the expiration of this period of time, the citizen will no longer be able to withdraw his application back, but he has the right to refuse the claim in the court session.

When it is possible to return a document

Until the court has not accepted the case for consideration, but it happens within five days, the applicant has the right to withdraw his claim back. In this case it is necessary to make a petition and personally take it to the office.

Send an application for the return of the claim in the mail is not very desirable, because it can go very long, and the case can be taken by the judge to the production. At the same time, it will be impossible to return the claim back. Therefore, it is necessary to file an application for the return of the statement of claim as early as possible, especially if the parties have already resolved the disputed issue among themselves.

It should also be noted that the citizen has the right to abandon his claims directly in the process. In this case, the court can accept the plaintiff's position and decide on the completion of the case, but only if it does not violate the rights of other citizens. At the same time, a person can not again turn to the court with this issue. In the same case, if a citizen has drawn up a statement on the return of the statement of claim and returned it back, then the right to re-transfer it to the judicial authority is retained.

Decor

The application for the return of the statement of claim, a sample of which is absent in the civil law, can be written by the citizen himself or on a special form issued in the chancery of the court. When drafting this document, one must refer to Article 135 of the Code of Civil Procedure, which provides an opportunity for a citizen to return the claim back, but only until the judge takes his decision to proceed. Such a petition is as follows:

In ________________ (name of the court)

______________ (plaintiff's data)

Application for return of the statement of claim (sample)

I filed a lawsuit against ________ (defendant's data) about _______ (indicate the requirements were expressed).

In accordance with Article 135 of the CCP, I wish to return the application back without consideration by its judicial body, due to the fact that ______________ (reasons).

Date______________

Signature _____________ (transcript)

Objections

After the application is accepted by the court for consideration, a preliminary meeting is appointed, where the positions of the party are clarified. Sometimes at a given stage of the process, the parties conclude an amicable agreement among themselves. At the same time, the defendant has the opportunity to submit to the court and his objections, if he considers the claims of the plaintiff unreasonable and unlawful.

This document is made only in writing, after which it is transferred to the court for examination. The defendant's objection to the claims of another person is a response to the statement of claim. In the civil process, it can be drawn up not only by the opposing party, but also by its representative (with the power of attorney).

Other cases of return of the application

Other cases of return of the application are provided in art. 135 of the Code of Civil Procedure. In this rule of law it is stated that the claim can be returned by the court if certain requirements are not complied with, in the following cases:

• If the case should be examined in the order of the order of production;
• The claim was signed or drawn up by the wrong person (without the application of a power of attorney);
• If the person has submitted an application for the return of the statement of claim;
• The claim was transferred to the authority by an incompetent person.

At the same time, the judge draws up the ruling. In it, he should indicate which shortcomings should be eliminated or which body should be contacted to resolve the contentious issue. After correcting the violations committed, the citizen can again submit the claim to the judicial authority.

The decision on the return of the application must be made within a period not exceeding five days from the moment it was received by the office. The person is transferred to all applications and documents personally in person or sent by registered mail. At the same time, the applicant is not deprived of the right to re-transfer of the claim to the judicial authority after the elimination of all previously committed violations. In these cases, many citizens file a complaint with a higher authority for the judge's determination.