How to apply to the court? Submission of application to the court. Sample

When there are disputes in economic and entrepreneurial activities, then you need to apply to arbitration. Is it possible to win a case without a lawyer, how to file an application with a court and how to write it, on what issues should you refer to a judge? These and other points will be considered in the article.

What issues does the arbitration court solve?

• Failure to comply with obligations, violations of intellectual property rights or disregard payments by a legal entity.
• Situations of bankruptcy.
• The need to obtain enforcement orders on the implementation of the decision.
• Cases related to evasion or refusal of a legal entity in state registration.
• Civil and administrative legal relations.
• Administrative violations.
• Corporate disputes.
• Revision of the decision, which was adopted by another court.
• Cases related to shares, securities, depositories.
• Revision of normative and legal acts related to human rights.
• Situations that require protection of the reputation of a law firm.
• Challenging decisions made by government officials and other officials.
• Any economic issues involving domestic and foreign legal organizations, private entrepreneurs and even individuals who do not have citizenship but are leading business.

For each situation, you need your own sample of the claim in court. It is necessary to study the arbitration procedural law in order to find your case, or to consult with a lawyer. Those issues that the arbitral tribunal does not resolve will be considered in an arbitration court or a court of general jurisdiction.

Where to go for a resolution of the dispute?

Depending on what your situation is, your case can be assigned a generic, exclusive, contractual and territorial jurisdiction. Generic jurisdiction is decided in the arbitration court of first instance, except cases relating to the Russian Federation and the Federal Courts.

Everything related to the normative acts of the President, the executive branch, the Government, affecting economic and business issues, should be addressed to the first instance. Submission of an application to a court in the case of non-normative presidential, governmental, federal acts relating to citizens of Russia and foreigners in the economic sphere is also carried out by this judicial department.

If your case was rejected in arbitration of the first instance, then contact the territorial court, which is located at the place of registration of the legal company.

In some cases, the arbitrators are invited to choose the arbitration court. In this case, we are talking about contractual jurisdiction. When it is impossible by law to change certain aspects of your case, it is an exclusive jurisdiction.

How to make a statement to the court. Types of appeals

In arbitration, citizens can file a lawsuit, an application and a complaint. Civil legal relations are described in the statement of claim. In disputes, legal entities may file cassational and appellate complaints against the parties to the dispute and in case of disagreement with the judicial decision of the arbitration bodies. Administrative, public affairs, bankruptcy and other issues of special production require the preparation of an application.

How to apply to the court (mandatory points in the preparation of the claim):

• The name of the court.
• Name of entrepreneur with residence or legal name of the company with location.
• Name and location of the defendant.
• Clear claims to the defendant, indicating specific articles of laws and regulations.
• The circumstances specified in the claim and evidence.
• The price of the claim (if the situation involves an assessment).
• Calculation of monetary compensation.
• Facts about the execution of the claim and pre-trial procedure, if this is provided for by the contract or by law.
• Information about the measures taken in the solution of pre-trial cases.
• List of all documents that apply to the claim.

The document is completely written by hand (without electronic dialing). The name and patronymic are written completely, without abbreviations, and the text is signed by the plaintiff.

What documents to attach to the claim

Before applying to the court, you make copies of documents that need to be sent to court.

• Certificate of registration of an IP or a legal entity.
• Documents confirming the circumstances referred to by the plaintiff.
• Documents evidencing legal relations, obligations and non-fulfillment of the terms of the contract between the plaintiff and the defendant.
• Receipt for payment of state duty in the amount of 0.5-4% of the amount of the claim.
• Document providing a privilege for payment of state duty.
• An application for an installment plan or a reduction in the state fee.
• Power of Attorney, if the situation involves the signature of a trustee.
• Documents of judicial decisions that were adopted in this situation.
• Documents that assume the calculation of the recovered price.

Actually attach all the documents that will help you to understand the court in your situation. Make copies of the claim and documents, because if you refuse to consider your case, you must find an error. Most often in such matters you need a specialist.

How to apply to the arbitration court. Sample of claim

Each case is subject to a special template of the application. Let's see how the claim is drawn up under the supply contract to recover the debt and the interest from the defendant. In the upper right corner are written in the column:

• The name of the arbitration court;
• Name of claimant with TIN, OGRN, registration address, telephone, electronic address;
• Name of the defendant (requirements are the same as those of the plaintiff);
• The amount of the claim in figures and in words;
• State duty in figures and in words.

The first line begins with the preposition "in", and the data of the plaintiff and the defendant prescribe in the nominative case. In the middle, retreating 1,5-2 centimeters, register the topic of the statement of claim, in our example - on recovery of debt and interest. The main thing is to write down the cap and the text of the statement correctly. How to apply to the court? This can be done by registered mail.

Then you write down the essence of the claim. For example, a contract (number, date) was concluded on the delivery (name of the goods) between the claimant and the defendant with the following obligations. Then, prescribe what the plaintiff has done and how much it spent with the confirmation of the commodity invoices and invoices, and also attach documents on the acceptance of the goods by the defendant.

Description of breach of obligations on the part of the defendant

Further details in detail what obligations should have been the defendant, and that he did not comply. If some actions were made by him on payment, then you attach receipts and payment orders.

Next, specify the amount of debt of the defendant and refer to the Civil Code of the Russian Federation, indicating the relevant articles on the mandatory performance of the contract when buying and selling goods. Therefore, before you make a statement to the court, examine the articles of the code or consult with a lawyer.

Also, focus on the point in the contract with the defendant, where the percentage penalty is prescribed for violation of one of the parties' obligations. Provide documents on the claimed claim for the defendant's foam and prescribe his actions (refusal, ignoring, etc.). Further, summarize, referring to the relevant articles of the Civil and Arbitration Procedural Code of the Russian Federation, prescribing your requests (collect debt, penalties, state fee, reimbursement of court costs). The last step is to prescribe in the column all the attached copies of documents, put a date and a signature with a stamp.

How to write an application to declare a defendant bankrupt

The application to the court to recognize the insolvency of the debtor is written almost the same. In the upper right corner the cap is prescribed:

• The name of the court with the postal address;
• The name of the creditor with the same requirements;
• The name of the debtor according to the same plan;
• The state fee in figures and in words in ruble currency.

The name of the application follows. Also, the relationship between the creditor and the debtor is prescribed and agreements and documents on execution and violation of obligations of each party are attached. Then the plaintiff is obliged to indicate how much the defendant owes to him, how this calculation took place, how much is the penalty. If this issue has already been considered by the arbitration court and there is a decision, a copy of the document is attached and it is also indicated that the debtor did not fulfill the obligations by the court decision. Further, the creditor prescribes articles that protect his interests, and asks the court to declare the defendant bankrupt.

What to focus on, so that the respondent is declared insolvent

The lender focuses on the fact that from the date of the court decision expired the term of fulfillment of obligations by the respondent, once again indicates the amount of debt and asks the court to declare the debtor bankrupt, referring to Article 395 of the Civil Code and Article 3 of the Law on Insolvency.

Also, the plaintiff proposes a self-regulatory organization with an indication of its name and address, where you can select a temporary administrator. Prescribes his amount of remuneration for the performance of temporary duties.

Further, the plaintiff sums up his claims with reference to the articles and asks the court to declare the debtor bankrupt, approve the temporary manager and establish the remuneration at the defendant's expense. In some cases, professional requirements for the manager are prescribed.

Further, the names of documents and copies that are attached to the claim are also listed. Put date, signature and stamp. The claim is sent by registered mail. In order for you to not return your document, ask for help from a lawyer or find patterns of application templates specifically for your case.

Summarizing

To write a competent application to the arbitration court, you take a sample in the courts or on the legal portal "Garant". But it is best to seek the help of a lawyer who can suggest the appropriate articles of a particular code in a particular case. Also, the trial can be delayed, and the lawyer can represent your interests and act on your behalf, which saves you time.