How to write a claim in court: a sample, form and recommendations

Where can I get a sample before making a statement of claim in court? How and where then properly to sue? These and other issues are of interest to many citizens who have encountered some difficulties in life. Answers to all these questions can be obtained by reading this article.

Concept of claim

Before proceeding to the question of how to write a statement of claim in court, a sample of which could not be found on the Internet or in any other specialized publications, it is necessary to understand what the statement of claim is.

A statement of claim is a written appeal of citizens to the courts with certain requirements to other persons. Those who file such claims are called a plaintiff in legislation, but his counterparty is a defendant.

The statement of claim must be formalized in accordance with the requirements established by the legislator. More specifically, the rules and the necessary conditions to be contained in such a request of a citizen or legal entity to a court are determined by civil procedural law.

The requirements for suits

How to write a claim in court, a sample of which is absent on the court's website? To be honest, this process is absolutely uncomplicated. The main condition is to comply with all requirements set forth in Articles 131 and 132 of the Civil Procedural Code.

When preparing a claim, it is necessary to reflect the following data:

• Personal data of the plaintiff;
• Personal data of the defendant;
• The indication of the judicial authority to which the application is sent;
• Address of the defendant and the plaintiff;

Solving the question of how to independently submit a claim to the court, indicating all the above details, you can then go to the next stage of processing the appeal. It should indicate what exactly served as the basis for his submission - what and how the rights and interests of the applicant were violated. For this, it is not at all necessary to lay out all the smallest details of the incident on paper, it is enough to indicate only the most basic nuances. The judge who received the statement of claim must, after reading it, clearly understand what exactly the applicant wants from him. By the way, there is an opinion that the longer the text of the claim, the more reluctantly its judges read.

Having described the current situation and noting the rights that have been violated, a citizen or representative of a legal entity must present evidence to the court, which will be a confirmation of his words. Incidentally, these statements must also be written in the application.

Annex to the claim

Before preparing the document in question, it is best, of course, to search the official website of the judicial authorities for suitable samples of the statement of claim. The sample of the claim can, as you understand, substantially simplify the task of its self-preparation.

If you create a document yourself or using a template, you need not forget that the law requires you to attach certain documents to it. Among them are those that will confirm the validity of the plaintiff's arguments - papers that have evidentiary power. Also it is necessary to make in advance both copies of the claim, and copies of all attached papers to it. The number of such copies is determined by the number of all parties involved in the civil case, including the court.

If a civil case provides for a pre-trial settlement of a dispute, for example, by presenting a claim, then it will be necessary to attach the relevant letters and answers to the lawsuit. Keep in mind that failure to comply with this procedure, which can be established both by regulatory enactments and by agreement between the parties, may lead to a refusal to accept the statement of claim and initiate a civil case. After a successful resolution of the issue of how to write a statement of claim in court, the best example of this suit is to leave it to the future.

Payment of state duty

To file a statement of claim in the courts it will be necessary to pay the amount of the state fee determined by the state. This requirement is regulated by tax legislation.

It is in the Tax Code that duties are assigned to pay this fee to the country's budget. Therefore, after preparing all the necessary documents, you need to look into this regulatory act to determine the amount that will have to be given. The tax code, by the way, provides for several sizes of payment of the tax fee - it all depends on the nature of the claims, as well as on the price of the claim. The more it is, that is, the higher the claimed property requirement, the correspondingly, the size of the state fee will be greater. As a rule, it is determined by the established amount of rubles with the addition of a percentage of the price of the claim.

Another matter of non-property claims - if an application is filed with such a demand, the amount is calculated somewhat differently. Here again it is necessary to address to the tax legislation. It should be noted that certain categories of persons are exempted from payment of state duty, and this issue is also regulated by the Tax Code.

Direction of application to court

So, all the necessary documents have been prepared, and, accordingly, the question of how to write a statement of claim has disappeared. A sample of this document is found and applied for its intended purpose. What next?

The next step after the preparation of the full package of documents will be sending them to the judicial body. Before that, you need to find out which court to send the application to. CCP establishes a certain jurisdiction of cases. As a rule, claims are transferred to the territorial court at the location of the defendant. But, as always and everywhere, there are also exceptions - in certain situations a claim can be filed also at the place of residence of the plaintiff.

Once you have decided with the court, you can go directly there and apply to the office receiving incoming correspondence to transfer the package of documents. In this case, the specialist of the office will check all the attached documents, according to the list, and on one copy of the claim, they will put down a note on their admission. Here, in principle, and all the actions that the citizen will need to do at this stage. It should also be noted that at present, a lawsuit can be sent to the court through Internet resources.

Where can I get samples of statements of claim?

All claims, if, of course, well to try, you can find on the Internet. However, for the quality of such samples, as you understand, no one responds, references to the norms of legislation in them may be outdated or even completely incorrect. Naturally, this will not entail a refusal to satisfy the claims, but still create the so-called unpleasant residue of the parties to the process.

That is why actual and properly executed lawsuits, forms and samples of suits are best taken from the official sites of the judiciary. As a rule, templates of the most popular applications are placed there (for example, about divorce, collection of debt, division of property, recognition of illegal dismissal , etc.). However, it is more likely that it will be difficult to find examples of such rare claims on such sites.

Therefore, there is another option for their receipt - in legal companies that provide assistance to citizens. Of course, most likely, you will have to pay for such help, but the amount of compensation will be several times less than the amount that would have to be paid for drafting a statement by a lawyer or a lawyer with subsequent representation of the plaintiff's interests in the courts.

Legal forums are also a good resource, where you can find not only the sample of the statement of claim, but also to find answers to many questions (and absolutely free of charge). However, here, too, sometimes you have to doubt the competence of the forum participants, and therefore you need to be more careful.

In some buildings of the judiciary there are stands in the waiting rooms where information is presented, how to write a statement of claim in court, a sample of such a statement, as well as other information necessary to a citizen. After reading this information, you can do everything yourself.

Refusal to accept application, leave without motion

Having dealt with how to write a statement of claim in court, a sample of which still managed to be obtained, and having handed it to the office, it is necessary to wait for notice of the court. According to the current legislation, the judge is allocated several days to make a decision. It can be as follows:

• On the initiation of a civil case and the adoption of a statement of claim for production;
• On the refusal to accept the claim in the proceedings on the grounds established by the civil procedural law;
• On leaving the application without traffic.

The last decision implies that the plaintiff is given a certain amount of time to rectify any deficiencies. Such shortcomings of the statement of claim can be expressed in anything. For example, one of the most frequent mistakes that a citizen's appeal can be left without moving is the wrong payment of state duty. In this case, the judge may give the applicant a few days to pay the state duty to the prescribed amount. Another of such grounds may be, for example, the wrong indication of the respondent, an incorrect and illegible claim or other grounds.

If the defects pointed to by the judge are not eliminated, this is, in accordance with the law, the basis for the return of the claim with all the documents.

Return of claim

Failure to comply with the court ruling on the elimination of deficiencies is not the only reason for the return of documents to the applicant. That is why it is important to know how to write a statement of claim in court.

An example of the return of a statement of claim because of the incorrectness of its drafting may be the following: a claim will be returned if the application is not signed by the plaintiff or is signed by a person not authorized by it. There are other reasons for the return:

• The non-jurisdiction of the civil claim in question to the court to which it is submitted;
• Filing a claim by a person who is incompetent;
• Already existing court decision that came into force on the same dispute and between the same plaintiff and the defendant.

An additional reason for the return of the claim is the claim of the plaintiff with a request to return the documents to him. However, here there is one rule - the judge should not yet take the claim in production. As a rule, such a statement is written by the plaintiffs, if there has been any agreement with the defendant. In any case, the returned claim can be filed again to the court, no obstacles are created for this.

Help of specialists

In some situations, the best solution will be to contact a law firm whose specialist will happily help to draw up a statement of claim to the arbitration court, a sample of which, like any professional lawyer, is available.

Of course, a true professional of his business will be able to write a suit not only in the arbitration, but also in other instances, will tell what documents will be needed, what petitions should be stated. Therefore, if the case is very complicated, and the plaintiff has no legal experience and knowledge, it is better for him to insure himself by inviting a qualified lawyer than to save and lose the case. Moreover, spending on legal aid can be recovered from the defendant (in case of winning the case).

Counterclaim

The claim of the defendant to the plaintiff is called a counterclaim. All the rules provided for simple lawsuits apply to him. Therefore, in case you, for example, defendant and consider that your rights and interests are also violated by the plaintiff, your actions will be similar to the actions of the plaintiff - we file a suit in court (the sample of the claim is taken from the above sound sources) and submit it to The judicial office or through the Internet.

Thus, the question of how to write a claim to the court itself - in some cases can be complicated, but in others it is quite simple. Everything depends on the complexity of the case and on the level of legal preparation of the plaintiff.

If you have the patience, resources and time to study all the legislative nuances of this way of upholding your legal rights, then you can try to apply to the court yourself. But in those situations when the case is very complicated, and much depends on its resolution, it is better to apply to a law firm, at least, so that its experts draft a statement of claim.

In any case, the choice of a variant and a method for writing and submitting a statement of claim to the court is wholly behind the plaintiff, but one should not forget that in certain cases it is not worthwhile to spare money for lawyers.