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How to file a lawsuit: step-by-step instructions from lawyers. How to file a claim

Different situations arise in a person’s life. Often people are faced with a violation of their legal rights. In this case, there is a need to defend them. The most effective and efficient way is to go to court. The right to defense is guaranteed by the state. Next, we consider how to file a lawsuit in court ourselves. how to file a lawsuit

Arguments for self-treatment

Today there are a large number of law firms practicing lawyers. They can certainly provide expert assistance. However, their services cost money. There is not always money to pay for them. In addition, in some cases, the cost of a lawyer may be significantly higher than the price of a lawsuit. For example, it may be associated with the purchase of low-quality goods. In this case, it is more advisable to solve the problem on your own. Knowing how and where to file a lawsuit will be very useful to those citizens who plan to engage in active public activities.

The need to defend their interests often arises among various social associations. At the same time, the involvement of a third-party lawyer is again connected with finances. One of the undoubted advantages of independent treatment is the acquisition of confidence in any life situations. In order to submit an application to the Constitutional Court or the court of another jurisdiction, it is not necessary to have a higher legal education. It is enough to know the order established by law, to have arguments and evidence of one’s position, and also to have the ability to convey them most accurately. Undoubtedly, one can not do without reading some articles of the Code of Civil Procedure.

Peaceful Dispute Resolution

Before filing a lawsuit, it is advisable to try to resolve the conflict by less radical methods. This is best done in writing. Subsequently, if a peace agreement cannot be reached, this document will serve as evidence of the desire to resolve the conflict. file an application with the arbitral tribunalIn this case, it does not matter how the appeal to the opponent will look and be called.

The most important thing is to write it in writing. If the claim is material in nature, it will not be superfluous to refer the calculation and the grounds on which it is presented. If the document will be sent by mail, then this should not be an ordinary letter, but a registered one, moreover, with a notification. If the delivery is carried out personally, then there should be a note that the addressee has received the appeal.

Where to file a lawsuit?

If it was not possible to resolve the conflict, you will have to contact the authorized authority. First of all, it is necessary to decide which court to file an application with. It is logical that he should be at the place of residence of the claimant or the defendant. Any civil cases are heard by a magistrate or district court. The competence of the first includes proceedings for the issuance of an order. In particular, these are cases on the dissolution of marriage in cases where there is no dispute between the spouses about children, on the division of property acquired together (with the cost of claims not exceeding 50 thousand rubles), and so on. In all other cases, the statement of claim is filed with the district court.

Important point

Many citizens do not know where to file an application with the court - at the place of residence or the place of residence of the violator of his rights. As a rule, the appeal is sent to the authority at the location of the defendant.For example, the parties to the conflict live in the same city, but in different areas. In this case, the statement of claim is filed with the court, which is located in the area of ​​the defendant. Parties to the conflict may reside in different cities. In this case, the actions are similar: the claim is submitted to the court located at the place of residence of the defendant.  where to file a lawsuitIn some cases, it is allowed to choose the instance at the discretion of the claimant. In this case, you can apply in your city and region, regardless of where the defendant is. For example, this opportunity is used if necessary to collect alimony, terminate the marriage, protect consumer rights, and so on. Article 29 of the Code of Civil Procedure speaks in more detail about this. By mutual agreement of the parties, you can choose the court itself, where the case will be examined (“contractual jurisdiction”). This order is established in Art. 32 GIC. Before submitting an application to the Arbitration Court, you should familiarize yourself with the rules for its preparation. In general, the requirements for the form and content of such appeals are the same for authorities of different jurisdictions.

Cost of claims

Before you file a lawsuit, you must determine its price. What does it consist of? First of all, it includes the cost of material damage that was caused by the defendant. This may be, for example, the amount of unpaid monetary compensation, remuneration, the value of damaged or defective property, low-quality goods and other things.

Claims, penalties, fines (if any) are also included in the value of claims. It is allowed to include in the price of the claim the amount in which moral damage is estimated - damage of an intangible nature. In the case of the presence of several defendants and the presentation of claims to each of them separately, the cost will be made up of the total amount of claims.

In the text of the claim, subsequently, it will be necessary to indicate the specific amount of claims to each defendant. All figures cited should preferably be documented. Despite the fact that the price of the claim is set by the claimant, the court has the right to reduce the amount if it considers it overpriced.

The form

Before filing an application with the court, you should familiarize yourself with the sample form, as well as with the procedure for compiling this document. The first requirement is a written application. Requirements should be stated on paper, preferably printed. If this is not possible, you can write by hand, but the words should be clear and clearly reflect the requirements. So, how to file a lawsuit to be accepted? Let us turn to the form of the document. The name of the court to which the application is sent is indicated in the upper right corner. Under it, write the following in the sequence shown:

  • Plaintiff: Name, Title and address (preferably e-mail and contact phone number).
  • Defendant: his full name, address and other contact details.how and where to file a lawsuit

If the organization will act as the latter, then its legal address (actual location), fax, telephone and so on shall be indicated. If there will be several defendants, then you need to bring them in the form of a list: defendant No. 1, below No. 2, and so on. For each address, full name is indicated. and other contact details. Further, in free form, the essence of the claims should be stated. At the end you need to put a number, a signature. In conclusion, a list of attached documents (copies or originals) is provided.

Content

Before you file a lawsuit, you need to calm down. Their requirements should be stated without emotion, clearly and clearly. Skilled lawyers recommend giving real arguments, facts, arguments, links to laws. It is advisable to indicate the circumstances in chronological order. First of all, it is necessary to give the reason that served as the beginning of the relationship with the defendant. This may be marriage, borrowing money, buying goods, and so on.Then it is necessary to indicate the specific actions of the defendant infringing on the rights of the applicant, as well as the circumstances in which the violations were committed. It is necessary to provide evidence of their innocence. It can be receipts, various kinds of certificates, other documents.

Third parties

If there are witnesses who can confirm certain facts, you should try to involve them in the process, attach their written testimony whenever possible. In any case, it is advisable to indicate the persons who can assist in resolving the conflict. It is likely that the court will suggest involving them in the process and will call for the next hearing. file an application with the constitutional court

additional information

In the process of preparing a statement of claim, it is not required to refer to certain articles of the law. This will not constitute a violation and does not constitute a reason for refusing to consider a claim. However, if there is such an opportunity, it is better to provide links to regulations whose provisions have been violated. Before filing an application with the court, it is necessary to make copies of it (two), as well as the attached documents (also two). One copy remains with the claimant, the second - with the authority considering the case, the third is sent to the defendant. how to sue yourself

Also, without fail, before sending the application to the court, it is necessary to pay the state duty and attach its copies to the claim. Without this document, the appeal will not be accepted for consideration. The size of the state duty will depend on the category of the claim. This question is best clarified in the office of the authority to which the appeal will be sent. This issue can be clarified by telephone; it is not necessary to go to court without fail.

Sending a request

You can apply in person. To do this, contact the office. Employees of this department accept the statement of claim, register and make a note. You can also send an appeal by mail, registered mail. After receiving the application within five days, the judicial authority should consider accepting or not accepting it for production and inform all parties if the decision is positive, the date on which the preliminary hearing will be scheduled. As a rule, a summons is sent. It indicates the number, time and name of the judge who will consider the statement of claim.

Sample

Below is an example of a statement of claim:

At _______________________ District Court

cities______________________________

Claimant: ______________________________

___________________________________

Defendant: ___________________________

___________________________________

Cost of claim: ____ rubles

State duty: ______ rubles

STATEMENT OF CLAIM

Regarding the dissolution of marriage, the recovery of alimony and the determination of the place of residence of the child.

I entered into marriage with the respondent (com) (day, month, year). Certificate of registration No.__ There is a common child with the respondent (com) from marriage: (F. I. O.). Life together with a citizen (citizen) did not work out, in connection with ____ (reason). In view of the above circumstances, I consider it impossible to continue life in marriage and maintain a family. On (date, month, year) the marital relationship between the respondent (com) and me is terminated. General management is not conducted from that moment. There is no dispute over the division of property acquired jointly. Only agreement was reached on further upbringing and maintenance of the child. I believe that he should live with me because ___ (to give arguments). Respondent (k) evades providing funds for child support.

Based on the above circumstances, I ask:

1. Dissolve the marriage that was concluded (date, name of registry office) between

________ (full name of the plaintiff) and _________ (full name of the defendant).

2. Solve the issue of living _____ with me.

3. To recover from the respondent (s) ____ funds for maintenance (F. I. O. of the child) in the amount of 1 / _ part of the income (earnings) from ___ (date) until the age of majority.

Applications:

  1. State duty receipt.
  2. A copy of the power of attorney of a representative, notarized.
  3. Sv-in about marriage.
  4. Sv-about birth.
  5. Copy of statement.
  6. Documents on income and earnings.

Number, signature (plaintiff or representative).


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Hedgehog Hedgehog
Such illiterate nonsense is written in places - the light in the eyes fades ...
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