Application for waiver of claims. How correctly to issue?

The plaintiff can file a petition for cancellation of the claim at any time after the initiation of a civil case in court and until the decision is made. This will mean that the person does not support the previously stated requirements, and also does not want the case to be decided. The court can satisfy the refusal of the person from the claims stated to him, if this does not violate the interests of other persons. More details about this will be discussed in this article.

In which cases is it possible

Here at once it is necessary to note the following: the refusal of the claim should not violate the rights of other persons, for example, children. Therefore, if a woman filed an application with the court to collect money for the maintenance of the child, because her husband does not help in the upbringing and does not participate in the life of the baby, and then suddenly decided to abandon the stated requirements, the court will most likely refuse her Petitions. Otherwise, the legitimate interests of the minor, who must receive maintenance from both parents, are violated.

An application for waiver of claims may be filed if all financial and disputable issues between the parties have been resolved before the civil case has been considered. For example, a bank sued a judicial authority for a borrower who did not make payments on the loan, but after the latter found out about it, he immediately paid the entire amount with interest. In this case, the issue was resolved before the consideration of the case. Therefore, the creditor wrote a statement on the refusal of the claim.

Causes

They can be different. But, first of all, the reasons for refusing the claim are justified by the fact that the applicant lost the necessary interest in the previously announced requirements. In addition, the defendant could independently repay the entire debt, as well as resolve other disputes with the plaintiff. After all, the consideration of a civil case by a court can take several months. And why should the plaintiff lose his time, if he has already resolved all the disputable issues with the defendant? That's why on this basis a person submits to the court a statement on the refusal of the claim.

Nevertheless, the reasons for refusing a claim can be very different:

• Satisfaction of all claims of the plaintiff in pre-trial order;
• The defendant no longer carries out actions that would violate the interests of the applicant;
• Reconciliation of the two sides;
• Uncertainty of the plaintiff in his victory in the process.

Orally or in writing?

In this case, both options are suitable. After the beginning of the meeting, you can express your request to the court verbally. In this case, the secretary simply inserts the plaintiff's words into the process record. It is also possible to present to the court an application for the refusal of the claim. It will be even better, because you can put everything on the paper more competently and motivated. There is no specific type of writing such a statement. Therefore, it can be made in free form, but in compliance with the requirements for registration of business documents. After examining the petition, the court will inform about its decision. If it is positive, then the proceedings will be terminated. Otherwise, it continues until a decision is made.

Decor

The application for the refusal of the claims, a sample of which is absent in the legislation, can be drawn up as follows:

In _____________ the name of the judicial authority

Claimant _______________ (surname and initials, address)

Statement

I sued the claim ____________ to the respondent (data) about __________ (it is necessary to indicate what).

In connection with the fact that _______________ (reason), I consider it necessary to abandon the stated requirements.

The refusal was written by me voluntarily, the consequences are known to me.

Taking into account the norms of Article 39 of the CCP,

I BEG:

Accept my rejection of the stated requirements.

Date___________

Signature__________

Qualified help

For the reason that not all citizens can independently defend themselves in the court, many of them seek professional advice from lawyers. Moreover, the consequences of the refusal of the claim are not always clear. In addition, in practice, there are various situations where a judge simply does not satisfy such a petition.

Especially often this happens when women claim for recovery of money from former husbands for the maintenance of children, but then, for unexplained reasons, refuse their demands. In this case, the interests of underage citizens are violated, and therefore the court quite understandably refuses to satisfy such statements.

To avoid such cases, a professional lawyer in civil matters will help you to understand the situation and find the right way. In addition, he has the right to represent the interests of his client in the court, which will help the latter to save time and nerves. A competent civil affairs lawyer will be able to draw up a right to file a petition to refuse a claim if all disputable issues are resolved with the defendant, and also convince the judicial body that it is written voluntarily and does not contradict the interests of others.

Effects

If the claimant refuses his claims, the court stops the proceedings. But only in the event that it does not violate the rights and legitimate interests of others. This is stated in Article 39 of the Civil Procedure Code of the Russian Federation. The case ends with the issuance of an appropriate resolution.

In the procedural document, the judge indicates to the plaintiff that he can not again apply to this body with the same requirements and to the same person. This means only that if the applicant suddenly changes his mind and again appeals to the court, the documents will not be accepted by him. Therefore, before the plaintiff decides to abandon the claim, he needs to think very carefully, as well as weigh all the pros and cons.