EntranceGeneral rules for writing statements of claim. Statement of claim
Before drawing up a procedural document, at the stage of preparing the case, the conditions must be established, the existence of which allows the represented party to initiate a case as a plaintiff or obliges it to respond to the claim. According to the Code of Civil Procedure of the Russian Federation, the court can begin to consider a civil case only if certain legal conditions are met. Failure to comply with at least one of them entails either a refusal to accept the statement of claim (Article 134 of the Code of Civil Procedure of the Russian Federation), or subsequent termination of proceedings in the case (Article 220 of the Code of Civil Procedure of the Russian Federation), or leaving the application without consideration (Article 222 of the Code of Civil Procedure of the Russian Federation).
Therefore, the following questions must be resolved initially:
1. Is this case within the jurisdiction of a court of general jurisdiction?
2. Doesn’t the law require a person who wants to go to court to comply with the procedure for preliminary out-of-court resolution of the case.
3. Does the court decision on the same dispute between the same parties that has entered into legal force prevent the consideration of this case?
4. Whether the person concerned has civil procedural capacity.
5. Who exactly is the proper defendant (at the client’s request). If a mistake is made in resolving this issue, the court will certainly correct it on the basis of Art. 41 of the Code of Civil Procedure of the Russian Federation, allowing the replacement of an improper defendant with a proper one with the consent of the plaintiff. For example, in cases of declaring a will invalid, the defendants are all the heirs under the will, in cases of allocating a share from common property, the defendants are all owners of the joint property (of course, except for the plaintiff himself), etc.
6. Is the applicant himself a person who has the right to claim in a controversial legal relationship. In other words, if the plaintiff is improper, then the claim will be denied. Thus, in practice there are cases when a claim is brought by an heir under a will (nephew) to invalidate the contract of sale and purchase of a bequeathed apartment. However, during the conversation it turns out that the testator-uncle canceled the will before drawing up the sale and purchase agreement. Thus, the lawyer’s client is not a participant in this legal relationship.
In addition, when determining the parties to a controversial legal relationship, it is necessary to think about the possibility of involving third parties in the process who do not make independent claims on the subject of the dispute. For example, in cases of compensation for damage caused by a traffic accident, the driver who is guilty of causing the accident while driving a vehicle owned by a legal entity must be involved as a third party.
Third parties who do not make independent claims regarding the subject of the dispute may enter into the process either at the initiative of the court or at the request of the parties. According to Art. 43 of the Code of Civil Procedure of the Russian Federation, a third party who does not make independent claims is a person participating in the case on the side of the plaintiff or defendant due to the fact that the decision in the case may affect his rights and obligations in relation to one of the parties. Such influence may be due to a right of recourse or other legal interest of a third party.
The final stage of all preparatory work for going to court is the preparation of procedural documents - a statement of claim or explanations (objections) in the case.
In the science of civil procedural law, the concept of a claim, its elements and types are defined ambiguously. The claim is one of the most complex institutions.
A claim is the main procedural means of protecting a violated or challenged right.
Claim proceedings are the main form of protection of rights.
According to Art. 131 of the Code of Civil Procedure of the Russian Federation, a statement of claim is submitted to the court in writing. The statement of claim must indicate:
1) the name of the court to which the application is submitted.
To determine which specific court needs to be addressed, the person drawing up the statement of claim, depending on the subject of the claim in accordance with Art. 22–32 of the Code of Civil Procedure of the Russian Federation must determine the jurisdiction and jurisdiction of a civil case to a specific court;
2) the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;
3) the name of the defendant, his place of residence or, if the defendant is an organization, its location.
If the plaintiff does not have information about the location of the defendant, then the last known address of the place of residence or the location of his property is indicated.
If one of the parties is an organization, then in addition to the name, its location must also be indicated in accordance with the registered charter;
4) what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands.
It is important to clearly indicate the circumstances on which the plaintiff bases his claim against the defendant, i.e. legal facts forming the basis of the claim. In addition to the factual (specific circumstances of the case) basis for the claim, there is also a legal basis for the claim - a reference to regulations. It should be noted that, unlike the Arbitration Procedure Code of the Russian Federation, the Code of Civil Procedure of the Russian Federation does not require the plaintiff to indicate the rule of law to be applied. However, it is in his interests to still refer to the rules to be applied when resolving a particular dispute. Moreover, if the statement of claim is drawn up by a lawyer, the rules of law must be indicated;
5) the circumstances on which the plaintiff bases his claims and evidence confirming these circumstances.
The importance of correctly indicating the plaintiff’s demands against the defendant determines the nature of the decision that will be made.
In the statement of claim, the plaintiff must provide evidence confirming these circumstances in support of his claims. However, failure to present the evidence itself is not a basis for refusing to accept the claim. Moreover, the plaintiff in the statement of claim can only refer to the presence of evidence to substantiate his claims;
6) the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money;
7) information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by the agreement of the parties;
8) list of documents attached to the application.
The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, and other information relevant to the consideration and resolution of the case.
When drawing up a statement, special attention should be paid to the fact that the statement of claim sets out the facts that, in the plaintiff’s opinion, substantiate his demands, and evidence confirming the legality of his demands.
The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court. The application submission date is set.
An independent part of the work when preparing an appeal to the court is determining the amount of the state duty to be paid. To do this, when drawing up a statement of claim, first of all, it is finally determined which claims are being made, which of the claims are of a property nature, and which of them are non-property. Then the price of property claims is determined and the state duty is calculated for each of them according to the rules established by Chapter. 25.3 of the Tax Code of the Russian Federation. It is convenient to determine the amount of the state duty after drawing up a calculation of the amount to be recovered, which must also be attached to the statement of claim. The total amount of state duty calculated from property and non-property claims can be paid in one payment.
In addition, in addition to the claims, the statement of claim may contain other appeals to the court: statements, petitions.
Both statements and petitions are requests from a person participating in the case to the court with a request for the court to perform a certain procedural action (for example, a petition for the court to demand evidence) or to provide the person participating in the case with an opportunity to exercise his procedural right (for example, petition to propose issues to be resolved during the examination). In some cases, the procedural law directly states that such an appeal is called a statement (for example, Article 65 of the Code of Civil Procedure of the Russian Federation provides for filing an application to secure evidence). In other cases, such requests are usually called petitions. The methods for preparing and drafting an application and a petition are the same, so further we will talk about drawing up a petition.
A petition submitted simultaneously with a statement of claim can be either set out in the text of the statement of claim or drawn up in a separate document. It is recommended that a petition submitted after the presentation of a statement of claim be made in writing. Petitions and statements, if rejected by the court, may be submitted more than once. If the petition is not reflected in the minutes of the court session or its content turns out to be distorted, then you can file a comment on the minutes of the court session in the manner prescribed by Art. 231 Code of Civil Procedure of the Russian Federation.
In accordance with Art. 132 of the Code of Civil Procedure of the Russian Federation, the statement of claim must necessarily be accompanied by documents confirming the plaintiff’s right to go to court and in defense of his violated or disputed right.
For example, in a claim to establish paternity, the necessary document is the birth certificate of the child in respect of whom paternity is being established.
Among the documents attached to the statement of claim, there must be copies of documents for the defendant and third parties.
In the event of a claim of a material nature, it is necessary to attach a calculation of the amounts recovered or disputed.
If the statement of claim is subject to payment, a receipt for payment of the state fee must be attached to it.
How to write a statement of claim so that it meets all the necessary requirements? Do you need the help of a professional lawyer for this?
Drawing up a statement of claim is a very important stage in the procedure for judicial protection of the rights of citizens, since it is from here that the entire judicial process begins. That is why the application submitted by the plaintiff must contain complete information regarding the circumstances of the case, with reference to the norms of Russian legislation. If you do not have experience in drafting legal documentation, it is, of course, better to entrust the drafting of the claim to a professional lawyer. This will help you avoid mistakes when asserting your rights in court.
Despite the fact that Russian law establishes a simple written form of a statement of claim, it must still meet certain requirements and contain a mandatory minimum of information about the plaintiff, defendant and the circumstances of the case.
Basic rules for filing a claim
It is very important to consider the following rules for drawing up a statement of claim:
- the subject of the claim must be formulated as precisely as possible in the title;
- the claim must contain a legal basis for the stated claims and references to the evidence that is permitted by law;
- the facts are presented in legal language;
- the structure of the statement must have a clear logical sequence;
- the claim uses concise and clear language;
- an explanation of the circumstances of the case must be presented in a coherent, accessible language without lexical and semantic inaccuracies;
- correct filing of a claim presupposes the correct indication of all norms of law (with references to the relevant paragraphs and articles of the law) on which the applicant’s specified requirements are based.
Preparing a statement of claim is an important task, since only competent completion of the claim guarantees that it will be immediately accepted by the court for consideration and affects the final result of the trial. A statement of claim drawn up by a qualified lawyer will help to avoid refusal to accept this application and will speed up its consideration as much as possible. The lack of necessary experience and knowledge when drawing up a claim can not only delay its consideration, but also negatively affect the outcome of the trial.
Requirements for the structure of the statement of claim
Any statement of claim must have a subject, basis and content, which is strictly individual, as it depends on the specific circumstances of each case.
The basic requirements for the structure of the claim are set out in the norms of the Civil Procedure Code. The claim states:
- the name of the plaintiff and his home address or location address, if the plaintiff in the case is a legal entity;
- name of the authorized representative (if the claim was filed by a representative);
- name of the defendant with address;
- the name of the court to which the plaintiff applies;
- circumstances of the case indicating a violation of the plaintiff’s rights, and evidence on the basis of which the claims are substantiated;
- the price of the claim to be assessed, with the calculation of all monetary claims;
- information on compliance with the claim procedure or other pre-trial procedure for resolving a given dispute, if such a procedure is prescribed by law or contract;
- list of all applications.
Ignorance of these requirements, as well as other legal nuances, can lead to the court’s refusal to accept the claim, which deprives the plaintiff of the right to re-file an identical statement of claim, or its return, that is, leaving the claim without progress.
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07/09/2019 - Fedor Yupinov
The correctness of writing a statement of claim against utility services in case of a roof leak in a panel house. Unsubscribes Is there anyone to file a complaint against?
06/13/2019 - Egor Lyapichev
I bought a house and after the purchase the sale of the land was seized by the bailiff for the seller's debts. I CANNOT formalize
05/03/2019 - Polina Guseva
What is the price for drawing up a statement of claim against a notary in court (delay in closing the inheritance case.
05/01/2019 - Valentina Dmitrieva
Hello, how can I file a statement of claim in court to get mat capital again? For my first 2 children, the mother had Lesha’s birthright, mat capital, can the mother get mat capital again? Please help
03/26/2019 - Liliya Titova
Without evidence, can you file a civil lawsuit for fraud? Resolution to cancel the initiation of the criminal case. case overturned by court decision)
03/26/2019 - Egor Nedozhogin
Good afternoon. I am the liquidator of the Chernobyl Nuclear Power Plant. Do I have an advantage to remain at work after the expiration of the contract? Does it make sense to appeal this issue in court if the employer does not renew the contract?
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03/12/2019 - Valeria Kulikova
How much do your services cost for conducting a case in court for compensation for damage from an apartment flood?
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03/10/2019 - Antonina Medvedeva
Hello! What is the correct way to write a statement to the police against a citizen who, deprived of parental rights, leaves her child with a strange man, who does not work anywhere until the morning, walks around, insults neighbors with obscenities
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03.03.2019 - Evgeniy Moskvichev
How to write an application to the court to enter into an inheritance on bank accounts, since my father died on May 12, 2018 and I did not enter into an inheritance?
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02/26/2019 - Egor Yashenkin
How to properly file a claim to evict a nephew; his mother died; he lives with his father in another city; I have not lived here for 9 years; I paid for three people.
02/24/2019 - Yaroslav Shchepotkin
Hello! Veteran of Labor, not a pensioner. Denial of a 50% benefit for housing and communal services due to the lack of a pension provision. Is there a prospect of appeal? If yes, then I would like a sample of the claim. Thank you!
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02/11/2019 - Kristina Davydova
Hello, I need to file a claim in court. Help me please, how to write?
02/11/2019 - Nikita Shashkin
what will the claim be called - The plaintiff asks to restore the right to be in the category of medical workers while working as a pharmacist in a hospital. The employee's CI allows.
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02/09/2019 - Olesya Ponomareva
From what point does the deadline for collecting wages begin no later than 3 months?
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02/05/2019 - Valentin Lisakov
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02/05/2019 - Valentin Lisakov
How to properly file a lawsuit against people for disclosing HIV infection.....
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11/14/2018 - Marina Blinova
Good evening! Is it possible to find somewhere a sample statement of claim to recognize an heir who failed to appear within the established time frame as abandoned?
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11/12/2018 - Klavdiya Fedotova
We will accept a statement of claim recognizing ownership of the apartment and all documents accompanying it; note, the 2-storey house is not included in the register
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06.11.2018 - Grigory Koverzin
Good afternoon. A sample statement of claim to the tax office is required. The property burned down in 2013 and taxes came in 2018 from 2015.
10/31/2018 - Ekaterina Nikolaeva
Hello, I want to file a claim to preserve the residential premises in a reconstructed state. In 2001, we were issued a Resolution of the Head of the City Administration "
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10/30/2018 - Vladislav Khrabrov
Hello. How to apply for alimony in marriage, for a child of 1.8 months. In hard currency. Thank you.
10/19/2018 - Alexander Tropin
How to apply for an employer. She worked without registration. Wages were not paid.
10/14/2018 - Stanislav Krasnenky
When drawing up a will, a mistake was made in the surname instead of Koldaev - kAldaev
10/11/2018 - Mikhail Gorgoshkin
How to correctly draw up a statement of claim for acceptance of an inheritance, if the deadlines are missed, acceptance of the actual inheritance
10/06/2018 - Georgy Polsky
I bought a car on 06/01/18 from a reseller, and on 06/09/18 I went to register it, where they said that the car had a registration ban from 06/01/18. I found the former owner by phone, they promised to pay off the debts, but for 4 months there has been no progress, only a promise. The dealer doesn't take the car either. How can I be recognized as a bona fide buyer and have the ban lifted?
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09/06/2018 - Dmitry Glinka
I got into an accident and my role in the accident was the victim. They didn’t contact the traffic police, they agreed on the spot about the cost of repairing my vehicle and the terms of payment, and with me in the car there was a mother and a child aged 1 year and 4 months, they were going to hospitalize the child in a hospital. Can I file a claim for compensation for material and moral damage in the form of money, taking into account the amount that I received at the scene of the incident?
09/06/2018 - Gennady Pogadaev(1)
Good day, I am a single mother, I gave birth to a child outside of marriage, and did not live with the child’s father, and after nine years I decided to file for child support. Do I have the right to do this, and as a rule, file an application with the court?
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06/21/2018 - Alla Denisova
Hello. How to correctly draw up a statement of claim for deprivation of parental rights
05/28/2018 - Daria Timofeeva
Hello, how do I apply to expunge a criminal record?
05/27/2018 - Valery Larchenko
Good afternoon We need a template for a statement of claim to include in the estate the 1/2 share of the deceased in jointly acquired property (for the surviving spouse, claim everything that is recorded in her name)
05/23/2018 - Lyubov Vasilyeva
When issuing a certificate of ownership of land for a garage, a mistake was made in the surname. The certificate was issued in 1987 by the City Executive Committee. Where should I go to resolve this error?
04/26/2018 - Oksana Sokolova
Good evening! In the documents of the administration of the rural settlement, a mistake was made in the surname regarding the ownership of the land plot at the house. The cadastre received a notification about a previously registered object and was given a cadastral number based on the certificate. My grandmother never had any certificate in her hands. An apartment on this land has already been registered and received a certificate. What phrases to use to state the statement of claim.
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03/14/2018 - Marina Egorova
in which court to file a claim that is not subject to assessment. To the district court or magistrate
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03/11/2018 - Sergey Rybakin
We need a sample statement of claim for deregistration of a registered land plot that is state property and located on the territory of a previously registered land plot.
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03/09/2018 - Anatoly Uvin
My mother-in-law’s husband died 4 years ago. She was summoned to court the other day regarding a debt to the bank and was told that the house was bought jointly and he was registered there so his share would go to the bank. I am a daughter-in-law and today my husband (her son) received a summons. that now he is also a defendant before the bank. My husband did not enter into an inheritance in his parents’ house; he is not registered. Yes, and they summon you to court in another city (it’s very expensive for us to go there). Tell me what to do?
03/09/2018 - Ekaterina Yakovaleva
I am a war veteran, I have documents about a 100 percent discount on payment for heating supply to an apartment of 52 m2, I live in an apartment of 41 m2, heating supply in Odessa requires a monthly additional payment, refers to the decision of the NKRKP, is this requirement correct?
03/05/2018 - Olesya Zhukova
In 2012, my husband bought a car on credit, but since his loan was not approved, it was issued to his brother. The husband paid off the loan and went to re-register the car, but the bailiffs imposed restrictions on it because of his brother’s debts. There is a bank statement that the husband paid and a receipt from the brother that after payment he re-registers the car to the husband and has no rights to it. How to properly file a claim in court for recognition of ownership of a car.
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02/20/2018 - Ruslan Kuzmenkov
After repaying the mortgage at the beginning of registration, it turned out that the lease agreement for the land plot was valid until 2006. There was no copy of the agreement on hand. Now they are refusing to extend the contract. Help me draw up a claim to extend the contract
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01/15/2018 - Svetlana Blinova
call you all robots
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12/21/2017 - Nadezhda Pavlova
Thank you in advance
12/20/2017 - Roman Nogtevy
How to correctly draw up a statement of claim to the court for the eviction of an ex-husband from an apartment with whom he has been divorced for more than 6 years and who lives in this living space and does not pay utility bills during this entire time.
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12/14/2017 - Mikhail Baykulov
Hello. I don't know which court to file the claim in. The essence of the question: for individual entrepreneurs, opened in 2012 and closed in 2013. I haven’t worked a day due to the state of my health - retinal detachment, a series of surgeries, res-t-inv.2gr, member of the VOS society. Through the bailiff service, without any warnings or notifications, the social account was seized in August 2017, and they have already collected 11,974 rubles; as of August 2017, the debt was still 45,429 rubles. and the amount is growing. Pension is my only source of income. I'm on the edge. I can no longer buy even half of the necessary medications. I am 64 years old, I have blood pressure, a heart and... the whole set, and even blindness. I decided to sue. What do you advise?
12/13/2017 - Victor Polovinka
We have a court decision in our hands with a seal, a copy is correct, how can we get an original court decision without a seal, a copy is correct. The Israeli Ministry of Foreign Affairs requests such a document; they refuse to accept a document stamped as a correct copy. What to do in this case?
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11/14/2017 - Elena Tsvetkova
Good afternoon. I sold the furniture from the heir’s room, since it was bought by me and my late husband, the heir lives in another city, did not buy anything for the apartment and did not participate in the renovation. Now he filed a lawsuit against me for the alleged theft of his property, that is, the furniture that was in the room (a sofa and a slide), wrote to me that I face criminal liability for this and a suspended sentence of three years, is that true?
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11/14/2017 - Alla Efimova
How to recover material damages from a minor 12 years old child if the parents refuse to pay? he broke the protective glass on my son's new phone
01.11.2017 - Maxim Kashperko
we urgently need to write a supervisory complaint to the Supreme Court of the Russian Federation
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10/29/2017 - Vyacheslav Barsukov
They issued a loan in my name for quick money from unknown persons, I submitted a statement to the police, I received a letter refusing to initiate a criminal case, my credit history is damaged, what should I do next: 11:00 - 13:00
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10/14/2017 - Vladislav Avdin
Subject of my question: Consumer protection (Return of goods, refund, claim) right now.
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10/11/2017 - Zinaida Vorobyova
How to correctly write a claim for pension recalculation
10.10.2017 - Valentin Razgildeev
How to file a claim if the person at fault for the accident does not have insurance
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10/03/2017 - Artem Protsko
Hello, help me write a claim for compensation for moral damage. At night at about 2:00 in a cafe, I was beaten for no reason by a minor girl in a state of intoxication. The injuries inflicted on me did not cause further harm to my health. The case is being investigated under Article 6.1.1 beatings. In our city there is a curfew; after 10 p.m., minors cannot go out without their direct guardians. The girl who beat me was in a cafe without a guardian.
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09/03/2017 - Klavdiya Bogdanova
How to correctly draw up a statement of claim to the court for the eviction of an ex-husband from an apartment with whom he has been divorced for more than 15 years and who does not live in this living space and does not pay utility bills during this entire time
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08/24/2017 - Valery Sviyazhenov
According to the will, an apartment was assigned to me. Accepted the inheritance. But my nieces won’t give me the keys and documents. What claim should I file in court?
08/23/2017 - Maxim Mokrotovarov
Hello! How much will it cost to file a claim? An individual entrepreneur files a claim against the Pension Fund of the Russian Federation with a demand to recalculate and determine the amount of overpaid insurance premiums in the amount of 1% of income exceeding 300 thousand rubles.
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08/16/2017 - Fedor Chavkin
the employer refers to seized accounts and cannot make payments on the day of dismissal, what to do?
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08/02/2017 - Vera Ponomareva
Hello. I need to file a claim with the district court of Tomsk. I need help in drawing up this application and advice on my problem. The issue is related to unscrupulous tenants who have not fulfilled their rent obligations, violated the terms of the rental agreement and do not want to evict, and they also have arrears in paying utility bills.
07/27/2017 - Evgenia Baranova
Hello. On January 11, 2017, I was given a disciplinary sanction - a reprimand, I filed an appeal to the state inspectorate, I received an answer only when I contacted the prosecutor's office, I received an answer on May 28, 2017. On 06/04/2017 I wrote a complaint to the prosecutor’s office, the prosecutor’s office again sent it to the state inspectorate, I still have not received a response. Now I can’t go to court because the deadlines have been missed (3 months from the date of discovery of the punishment). Now I have written a complaint to the Minister of Labor. Will these facts be a valid reason for reinstating the terms of claim and what needs to be done for this???
07/14/2017 - Kristina Nikolaeva
How much does it cost to file a claim to register a house after the death of a mother? 11 years have passed.
06/17/2017 - Alla Kiseleva
Hello. I want to highlight the account persons in my 1/2 sq. Should I first be allocated a room in kind?
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05/24/2017 - Denis Pustynnikov
Hello! How much does it cost to file a claim and what are the deadlines?
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05/24/2017 - Alena Titova
We were injured in kindergarten, the child broke his arm, a cast was applied, the arm did not heal correctly, now there is another operation, should the kindergarten reimburse all expenses?
05/22/2017 - Alena Gerasimova
Hello, I want to file a lawsuit against the house management company so that they divide my debt and so that I pay it in installments and so that I am discharged
05/17/2017 - Natalia Egorova
what documents are needed to apply for deprivation of parental rights of an ex-wife
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05/16/2017 - Dmitry Kostikov
How to draw up a statement of claim to exclude the ex-husband from the mortgagors (mortgage apartment)
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05/10/2017 - Artur Parfeshin
Hello. I need to draw up a statement of claim to restore rights to a lost security. How to correctly indicate the interested party if the document was issued by an additional office of Sberbank PJSC?
05/02/2017 - Artem Leshchuk
I was laid off at work on April 12, 2017, I believe that the procedure was violated and not all available vacancies were offered. To file a claim, do I need to request the company to provide copies of the staffing table for the period from the date of issuance of the reduction order to the time of my dismissal? What is the response time for providing such documents?
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04/27/2017 - Zoya Vasilyeva
Hello!) I have such a question. I need to enter myself in the house register after changing my passport details, the owner of the house (grandmother) is preventing me, there is a stamp in my passport about registration, in order to get various certificates and extracts for government agencies, this is necessary, otherwise they won’t issue me. I’m also on maternity leave and after the birth of the child I need to take an extract from the house document to register maternity capital for myself and the children. In what format should I file a claim for such a situation? I didn't find anything like that in the samples. Help me please)
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04/17/2017 - Valentina Ivanova
The administration refuses to provide municipal housing, although the interdepartmental commission recognized 90% depreciation of the house.
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04/17/2017 - Yaroslav Vasechko
Hello! You can help draw up a claim for moral damages against neighbors before false slander.
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04/12/2017 - Valentina Vinogradova
Hello, how much will it cost to file a claim for consumer protection?
04/05/2017 - Zhanna Kolesnikova
After the death of my father, I enter into an inheritance. In the savings book there are discrepancies in the spelling of the patronymic (one letter is missing) in the bank’s database and the notary’s request. The bank told me to go to court. How to write a statement of claim and what documents are needed.
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04/05/2017 - Valeria Ivanova
I am interested in a sample statement of claim to the court for the restoration of land documents in connection with inheritance under the law, since the documents have been lost. I am a representative of interests by proxy.
03/25/2017 - Stanislav Vnuk
I live in a house with shared participation. A neighbor on the second floor previously verbally agreed to install a cold extension (veranda) to the cold extension, which has access from my apartment to the garden. Now, after the construction of the extension, she demands that the entrance to my apartment be made through this extension. : 19:00 - 21:00
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03/24/2017 - Gennady Natashin
In 1987 The collective farm allocated land for garages to the father-in-law (the land is not registered), we in 1994. We built a garage with the wedding money, before they weren’t allowed to register garages, but now they’re allowed, now I need a statement of claim in court so that my garage is rightfully mine
03/21/2017 - Anna Osipova
Hello, how can I write a statement of claim to reduce interest in court?
03/15/2017 - Ivan Tyatyanin
The pension fund has taken away an additional payment to the child's pension because she is 18 years old but she is studying in college. She must prove her right in court
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03/14/2017 - Maxim Olabugin
What is the state fee when filing a claim in the magistrate’s court to invalidate the minutes of the general meeting?
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03/04/2017 - Raisa Panina
Hello, I need to file a claim in court to collect a debt based on a promissory note.
03/01/2017 - Boris Obakshin
Good afternoon This is a rural settlement, we need to file a lawsuit, our bridge size is 144 m and in the certificate of ownership it is 130 meters and in the cadastral passport it was now necessary to change
The question was answered over the phone.
02/26/2017 - Georgy Vashin
Can I, as a son, claim an inheritance if my father transferred the house to his cohabitant before his death?
The question was answered over the phone.
02/21/2017 - Kirill Sergunin
Hello. How to correctly describe in the statement of claim what I want and justify it. for example, car mileage. : 11:00 - 13:00
02/16/2017 - Stanislav Voitsekhovsky
You need to file a claim
The question was answered over the phone.
02/03/2017 - Fedor Yanoshin
02/03/2017 - Leonid Vinohvatov
Hello! It is necessary to draw up an application for the court to remove the founder from the composition. How much will such a service cost?
02.02.2017 - Tatiana Romanova
Hello! I can’t draw up a claim for access to residential premises
The question was answered over the phone.
01/24/2017 - Artur Berdnikov
Hello! Tell me, how much will it cost to prepare a statement of claim for violation of labor law and consult a lawyer?
12/30/2016 - Klavdiya Lebedeva
Hello, can you call me? +375 29 ich
The question was answered over the phone.
12/27/2016 - Konstantin Furzikov
Hello, can you help draw up a statement of claim against a store that violates the law on silence by loading and unloading at night?
12/22/2016 - Leonid Usatyuk
Sample statement of claim to the Department of Social Development of Khanty-Mansi Autonomous Okrug - Ugra regarding the refusal to assign the title "Veteran of Labor"
The question was answered over the phone.
12/20/2016 - Nikolay Slavinsky
Sorry for interrupting. I wrote to you about illegal dismissal. I wanted to get a consultation Time to call back: 13:00 - 15:00
12/13/2016 - Zhanna Krylova
please help me write a statement of claim to the court Time to call back: 11:00 - 13:00
The question was answered over the phone.
12.12.2016 - Daria Sergeeva
Hello! Do I need help filing a lawsuit? Time to call back: 17:00 - 19:00
12/10/2016 - Yakov Kondratenko
The question was answered over the phone.
09.11.2016 - Zinaida Zakharova
How to correctly and competently write a statement of claim to the court for permission to register (registration) in the apartment of deceased parents. The apartment is municipal, is no one registered in the apartment at the moment? Thank you
The question was answered over the phone.
10/13/2016 - Evgeniy Polignotov
how to draw up a statement of claim so that interim measures can be taken to ban the registration of a vehicle
10/13/2016 - Vitaly Lashunin
Tell me what application or claim to file in court for incomplete payment of minimum wages, the regional coefficient has been removed, 7500 does not work out. I live in the Altai region
The question was answered over the phone.
10/12/2016 - Victoria Andreeva
The defendant was sentenced to 6 years of imprisonment. An accident. Two people died. Claims in civil proceedings. How to file a claim?
The question was answered over the phone.
10/12/2016 - Lidiya Andreeva
The tenant worked according to the landlord's documents and incurred debts for utilities and taxes and companies on how to achieve compensation
10/06/2016 - Klavdiya Matveeva
Hello, please help me draw up a statement of claim and calculate the price of the claim and the amount of state duty using the 2nd personal income tax certificate, thank you in advance contact phone number
The question was answered over the phone.
10/05/2016 - Olga Polyakova
How to properly write a lawsuit against my ex-husband to evict him from my living space, where I registered him after the divorce?
The question was answered over the phone.
10/03/2016 - Olesya Konovalova
How to draw up a statement of claim to restore the omission of inheritance.
The question was answered over the phone.
09/15/2016 - Veronika Vinogradova
On establishing the fact of validity of a title document
08/07/2016 - Nikolay Samopalov
08/07/2016 - Gennady Kirkin
Hello! Tell me, how much will it cost to prepare a statement of claim and consult a lawyer?
The question was answered over the phone.
07/28/2016 - Alexandra Kuzmina
Hello, how to properly file a claim in court to cancel the seizure of a car. because I sold it and it was seized. The bailiffs did not notify me in any way and I did not know that she was under arrest.
The question was answered over the phone.
Human relationships are complex and unpredictable, which sometimes leads to confusing, dead-end situations. If disputes and disagreements cannot be resolved by ordinary means of communication, the parties to the conflict have to turn to a third party, which, within the legal framework, is represented by the court.
Individuals and legal entities have the right to file claims in courts to resolve disputes, compensate for various types of damage, protect honor and dignity and other law enforcement purposes. A claim is understood as a method of protecting one’s rights and interests; its form is a statement of claim.
The need to draw up statements of claim
A statement of claim is a written statement to the court that presents the claims of one party against the other.
The person submitting the application is called plaintiff, and the party against whom the claim is brought is defendant. Several plaintiffs and defendants may be present in a legal dispute; third parties also have the right to participate in civil cases.
There must be compelling reasons to go to court. Each statement of claim, despite the standard standard form, will differ in content depending on claim situations.
It can be: 
- refusal to satisfy a claim against someone;
- purchase of low-quality goods or services;
- failure by the counterparty to fulfill obligations under the concluded agreement;
- causing damage to property;
- collection of funds;
- protection of honor and dignity and other circumstances.
Drawing up a statement of claim precede determination of the defendant and the requirements against him, selection of the court authorized to consider this civil case, collection of a package of necessary documents. Statement of claim has uniform rules drafting, which are regulated by Article 131 of the Code of Civil Procedure of the Russian Federation. The rules for filing a claim in court and its consideration are also established by law. The application must be written carefully by hand or typed on a computer. The lawsuit is filed to the court in person, or by registered letter with notification by mail.
Mandatory and additional items in the application
Standard structure The statement of claim can be presented as follows:
All elements, except additional petitions, are in the statement of claim mandatory.
Heading placed in the upper right part of the document, where a number of important parameters are specified. First, the full name of the court is indicated, then below is the full name of the plaintiff, the address of his actual residence and registration, or the details of a legal entity; contact phone numbers. If the application is submitted on behalf of the plaintiff by his authorized representative, then his full name and address are written. Even lower is information about the defendant: full name and address of the citizen, or the name of the organization, its location and contact telephone number. The title also indicates the value of the claim (the sum of all property claims).
A few lines down from the top (header) of the document, the heading “Statement of Claim” follows in the center. The line below indicates the name of the claim (disclosing its subject), for example, “for the collection of a penalty.”
Next in main part The claim describes in detail the essence of the problem: violations by the defendant in relation to the plaintiff, infringement of his legal rights and interests. The circumstances on the basis of which claims are made are disclosed and evidence is provided to confirm these circumstances.
This is followed by a block requirements the plaintiff, that is, the desired result of his actions to restore violated rights. When putting forward demands, it is mandatory to take into account existing rules of law designed to regulate disputed relations. Requirements must be clear, consistent, logically related to the main body of the document, and based on evidence.
Coming next additional requests may be indicated only if they are necessary during the consideration and resolution of the case. These may include the following: on conducting a forensic examination, calling witnesses, imposing an arrest, requesting evidence, considering a case without the participation of the plaintiff, etc. Their basis must also be indicated.
The final part of the claim contains application with a list of documents attached to the claim to prove the validity of the claims put forward. The list of these documents is determined by Article 132 of the Code of Civil Procedure of the Russian Federation and includes: copies of the claim (for all participants in the process plus one for the court); receipt of payment of state duty; calculation of the amount to be collected; copies of evidentiary documents referred to in the main part of the claim; power of attorney in case of representation of the plaintiff’s interests by another person, etc.
At the very end follow date and signature the plaintiff or his representative, if he is authorized by the court to carry out this procedure.
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The procedure and basic requirements for drawing up
Before filing a claim, you should choose a method of protecting the violated right, and only then begin to draw up a statement of claim. Next, you need to determine the jurisdiction of the stated claims, pay the state fee and submit an application to the court.
Errors and inaccuracies in drawing up a statement of claim may be grounds for the court to refuse to accept the claim and return it for revision. Terms of consideration the court's claims are determined by Article 154 of the Code of Civil Procedure of the Russian Federation. The total period for consideration of a civil claim is two months.
How to draw up and submit a statement of claim to the court is described in the following video:
Who can make it
As legal practice shows, the plaintiff himself is quite capable of writing a statement of claim. The standard statement of claim form and its completed sample are available in the courts, where you can familiarize yourself with it.
To independently draw up an application in legal practice, there are numerous templates statements of claim for each specific case (for the collection of child support, for the collection of penalties, for reinstatement at work, etc.). The necessary details are carefully spelled out in ready-made form.
However, for assistance in filing a claim, you can also contact: legal experts. The cost of such a service from professional lawyers starts from 2,500 rubles.
Submission deadlines
When filing a claim, there are general and special statutes of limitations. The total is three years (for example, a dispute regarding credit obligations). Special is determined by the peculiarities of the case under consideration. Thus, a month is provided for a dispute over the legality of dismissal. For cases related to property insurance, it is equal to two years. In case of poor quality performance of a household contract, the maximum period is ten years.
In exceptional cases, it is possible for the court to suspend the limitation period or restore it. In general, there is no statute of limitations for cases related to compensation for harm caused to life or health, restoration of illegally taken property rights, and a number of others.
The amount of state duty and the procedure for paying it
The state fee is a fee specifically established by law, paid by the plaintiff before going to court.
Payment must be documented. The amount of the state duty depends on the specific case, the amount of the claim, as well as the availability of benefits for the plaintiff. The tariffs in force in 2016 were approved on January 1, 2015 and have not yet changed.
Procedural documents establish the amount of state duty depending on the specific statement of claim. For example, for a claim for divorce, the state fee is 600 rubles; For a non-property claim, the fee for individuals is 300 rubles, and for legal entities – 6,000 rubles. For claims of a property nature, special formulas are applied; The amount of the state duty depends on the value of the claim. So, with a claim price of up to 20,000 rubles. The size of the state duty is determined at 4%, but not less than 400 rubles.
There are a number of claims exempt from paying state duty:
- about the adoption of children;
- on the collection of alimony;
- on labor disputes;
- on compensation for harm to health;
- on the collection of benefits, etc.
It is important to take into account that the plaintiff may be exempted by the court from paying the state fee, or its amount will be reduced, a deferment or installment plan will be granted, depending on the applicant’s material income. In case of a positive decision in the case, the plaintiff has the right to recover state duty from the defendant.
For information on the procedure for preparing and submitting such an application to the arbitration court, see this video:
Date of writing: 2013-08-19
Before proceeding with the procedure for drawing up a claim, it is necessary for a general understanding to determine the terminology of the issue.
When referring to explanatory dictionaries, we receive the following explanations:
ISK - A request to the court to recover from someone money or property to which the person submitting this request claims his rights. (Ushakov’s Explanatory Dictionary. D.N. Ushakov. 1935-1940);
ISK - Remedy of judicial protection of civil law. (Large explanatory dictionary of the Russian language. - 1st ed.: St. Petersburg: Norint. S. A. Kuznetsov. 1998).
As can be seen from the above, a claim is, on the one hand, a remedy, and on the other, a demand (request).
In fairness, it should be said that this is the so-called unofficial interpretation. Of course, when you come across any new term, for a comprehensive analysis, you should rely not only on explanatory dictionaries. To understand the legal meaning of a term, it is best to have in front of you its official interpretation (definition). The official interpretation is the interpretation of the competent authorities authorized to do so by the state. Ultimately, when an incident arises, one should focus on the official interpretation.
The concept of a claim (statement of claim) is not legally established as a definition anywhere; it only follows from the content of Article 131 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Civil Procedure Code of the Russian Federation) and Article 125 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation). After a careful reading of the above rules, we can draw an initial conclusion: a claim is a claim arising from a right belonging to the plaintiff by virtue of a contract or on other grounds provided for by law. In other words, this is a strictly formalized means of protecting a violated or disputed right.
The key word in understanding the nature of the claim is demand, that is, a form of appeal to the court with a certain demand in connection with a violated or disputed right.
Usually, when drawing up a statement of claim, they adhere not only to the normative rules prescribed by law, but also to the prevailing non-formalized recommendations developed by practice.
The classic structure of a standard claim consists of the following parts:
- Water
- Descriptive
- Motivational
- Petitionary
- Application
Let us consider all the components in order in more detail.
Usually the document's "header" is indicated in the upper right corner. This is, as a rule, official information, including “details” of the controversial case.
So according to Art. 125 of the Arbitration Procedure Code of the Russian Federation, the introductory section will reflect:
- name of the arbitration court to which the claim is filed;
- name of the plaintiff, his location; if the plaintiff is a citizen, his place of residence, date and place of his birth, place of his work or date and place of his state registration as an individual entrepreneur, telephone numbers, faxes, email addresses of the plaintiff;
- name of the defendant, his location or place of residence;
- the price of the claim, if the claim is subject to assessment.
According to 131 Code of Civil Procedure of the Russian Federation, the list will be slightly different:
- name of the court to which the application is filed;
- the name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;
- the name of the defendant, his place of residence or, if the defendant is an organization, its location;
- the price of the claim, if it is subject to assessment.
If a claim is brought against several defendants or third parties are involved in the consideration of the case, then the relevant information is provided in relation to all defendants and third parties.
Descriptive.
The descriptive part, as a rule, briefly describes the current situation that led to the legal dispute, i.e. facts related to the issue under consideration are stated (for example, “Consignments of goods, according to the contract, were delivered to the defendant in full... All consignments of goods delivered were accepted by the Defendant... However, to date, the defendant has not fulfilled its obligation to pay for the Goods. .."
These circumstances must be confirmed by any evidence (agreement, invoices, payment orders, receipts, witness statements, etc.). It should be noted that in domestic practice, all de jure evidence is equal to each other, but de facto the court, as a rule, gives preference to written evidence. This should always be kept in mind when predicting litigation.
Motivational.
After presenting the facts, as a rule, they indicate the rules of law applicable to the given case, i.e. in accordance with such and such an article there should be...
(for example, following the logic of the above
"in accordance with Article 309 of the Civil Code of the Russian Federation
"Obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business customs or other usually imposed requirements"
in accordance with paragraph 1 of Art. 486 Civil Code of the Russian Federation
“The buyer is obliged to pay for the goods immediately before or after the seller transfers the goods to him, unless otherwise provided by this Code, another law, other legal acts or the purchase and sale agreement and does not follow from the essence of the obligation.”
But the defendant does not properly fulfill his obligations, therefore, the plaintiff, in accordance with paragraph 3 of Art. 486 of the Civil Code of the Russian Federation, has the right to demand payment for goods and payment of interest in accordance with Article 395 of the Civil Code of the Russian Federation"
As can be seen from the above, the plaintiff indicates the rule of law that, in accordance with it, he has the right to something. The plaintiff also cites a rule of law that indicates how the situation should be resolved if the plaintiff’s right is violated.
Often the descriptive and motivational parts of the statement of claim are swapped or even combined with each other. In fact, this is not of fundamental importance; there are no strict rules for drawing up a statement of claim, what should be followed and in what order. State the parts of the statement of claim in the order that is most convenient for you, the main thing is that it must contain circumstances relevant to the case under consideration and an indication of what the violation or threat of violation of the rights, freedoms or legally protected interests of the plaintiff is.
So according to Art. 125 of the Arbitration Procedure Code of the Russian Federation in the descriptive part will reflect:
- the circumstances on which the claims are based and evidence confirming these circumstances;
- information about the plaintiff’s compliance with the claim or other pre-trial procedure, if it is provided for by federal law or agreement;
- references to laws and/or other regulatory legal acts substantiating the plaintiff’s claims
According to 131 Code of Civil Procedure of the Russian Federation it will be reflected:
- what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands;
- the circumstances on which the plaintiff bases his claims and evidence supporting these circumstances;
- information about compliance with the pre-trial procedure for contacting the defendant, if this is established by federal law or provided for by the agreement of the parties;
In my opinion, this is the most important part of the statement of claim. It is on the basis of the plaintiff’s requirements that your case will be considered, strictly within the framework of the pleading part of the claim. The fact is that the court cannot change your requirements on its own initiative. Moreover, if your claim is satisfied, the operative part of the court decision will “copy” your Petitionary part of the statement of claim. And then this will be reflected “automatically” in the writ of execution. That is why it is so important to correctly formulate your requirements in this part. In my practice, there have been cases when one incorrect word in the pleading part of the claim, and then along the chain in the operative part of the court decision and further in the writ of execution, ultimately made enforcement proceedings very difficult. Remember that bailiffs also cannot freely interpret judicial acts; they, like judges, act within strictly defined legal frameworks.
Application.
After the pleading part there is an Appendix, which indicates a list of documents attached to the claim. Everything here is quite transparent, firstly, attach copies of the documents to which you referred in the statement of claim (agreements, letters, primary documentation, etc.), these are documents that confirm the validity of your claims, secondly, attach a document confirming payment state duty (for some categories of cases state duty is not paid). More details about the amount and procedure for paying state fees for different categories of cases can be found in Chapter 25.3 of the Tax Code of the Russian Federation. Thirdly, if the claim is subject to assessment, it is necessary to attach a calculation of the collected or disputed funds.
Moreover, depending on the category of the case, i.e. it will be considered by an arbitration court or a court of general jurisdiction, the plaintiff has an obligation to notify the defendant of the claim (for arbitration), in this case we attach postal receipts or other documents confirming the sending of the claim with attachments to the defendant. For a court of general jurisdiction, we prepare another set of documents (copies of the claim with attachments), and the court itself sends this set to the defendant.
To summarize the above, the procedure for drawing up a statement of claim is still complex. These are the requirements of procedural codes and recommendations established by practice. Present the statement of claim as briefly as possible, the style should be close to business, no emotions, only to the point. The judge will probably not read the long text to the end, most likely he will immediately move on to the pleading part. The ideal volume is no more than 2 or 3 sheets. If you don’t fit in, it makes sense to include part of the text (for example, calculations or a list of primary documents) in a separate appendix to the claim. This will be more clear, the main thing is not to violate the requirements set out in Art. 125 of the Arbitration Procedure Code of the Russian Federation for arbitration and Article 131 of the Code of Civil Procedure of the Russian Federation for courts of general jurisdiction. Write in such a way that the meaning of the claim is clear even to a person far from jurisprudence. Readability and a clear statement of your claims are the main guidelines of your statement of claim. You must clearly understand what you want to get by filing this lawsuit in court. Only in this way, having a clear idea of the upcoming dispute, can you defend your case in court.