Objection to the claim - what is it? Often people who appear for the first time at a court hearing as defendants hear from a judge that they must submit a written objection to the filed lawsuit. However, not everyone knows how to compile it correctly, and what to indicate in it.
Statement of claim
Before proceeding to the question of what is an objection to a lawsuit, it is necessary to determine what constitutes a lawsuit or statement of claim. According to the civil procedural law, the statement of claim is submitted by the plaintiff to the court, in it the citizen indicates his requirements, which he wants to resolve at the hearing. The statement of claim must contain the necessary details and information, the list of which is established by the Code of Civil Procedure.
The need to file an objection
According to the law, a judge is obliged to consider all submitted documents attached to a lawsuit before starting a trial. Also, his duties include requesting the defendant's objections to the claim filed against him. However, this does not mean at all that the defendant, who has not filed an objection to the lawsuit, may delay the consideration of a civil case in his own interests. According to the rules of the Civil Procedure Code, a judge has the right to consider a claim on the merits and without objections of the defendant, and in some certain cases even without it.
Lawyer assistance
So, if it still happened that a person became a defendant in court, they are required to submit objections, what should be done in this case?
To begin with, do not despair and panic. If the matter is too difficult, but there is no legal education, then it is best, of course, to turn to a professional lawyer. He will write the defendant’s objection to the claim, and will present the defendant at the hearing if necessary. Naturally, such services are paid, and therefore, if the financial situation is difficult, you can do without the services of a lawyer, lawyer.
Self-written objection
Before you write an objection to the lawsuit yourself, you need to study the essence of the statement of claim. Having understood what the plaintiff wants, you can write your own review. The legislation does not establish the mandatory attributes of the defendant's objections, as is done, for example, with a statement of claim. Therefore, the objection is written in free form. In order for the review to look more or less competent, you should indicate the following details in it:
- Name of the judicial authority to which the objection is filed.
- Details of the defendant, his surname and initials, place of residence, telephone.
- Information about the plaintiff and the filed claim.
- The essence of the objection to the claim.
- An application that includes documents and information that confirms the position of the defendant.
Objection to the claim, its essence lies in the position of the defendant against the opinion of the plaintiff. In presenting these objections, one must be guided by common sense and write only reliable facts, and not those that cannot be confirmed by anything.
Do not worry about the lack of a legal education and the inability for this reason to refer to the norms of the law. This is not necessary, the main thing is to tell the judge in more detail and clearly why the defendant does not agree with the plaintiff and considers his claims unfounded. Based on the results of the consideration of the case and hearing of the parties to the civil process, the judge himself will find laws and other normative acts that regulate disputed legal relations, make a reference to them and make his decision.
Where to send an objection?
Having written the defendant’s objections to the claim, it must be transferred to the judge, who directly considers the civil case. How to do it? There are two ways. The first is the submission of a document to the office of the judiciary. In this case, it is better on the second copy of the objection to put a corresponding mark on its adoption by the court.
The second option is to transfer the objection to the judge in the courtroom when considering the case. Of course, the sooner this is done, the better.
Partial legal assistance
In some cases that are not entirely clear to the common person, you can take advantage of the so-called partial assistance of a lawyer. You can turn to a law firm for advice on a specific case, ask a lawyer to prepare an objection to the claims, but otherwise participate in litigation on your own. Firstly, such legal assistance without a professional in court will cost much less. Secondly, a well-formed objection in most cases is enough to participate in the court itself, and in some situations it is enough to win.
The only question is whether any of the professionals will undertake such a thing. Indeed, in fact, the lawyer will need to fully study the case and draw up an objection, and in some cases it is not beneficial for them.
Thus, an objection to a statement of claim is a simple document, the form and contents of which are not regulated by applicable law. However, you can take a sample of an objection to a lawsuit in a particular case or a specific template (an example is given above), change some data and submit it to the judicial authorities at the place of consideration of the claim. In extreme cases, you can even participate in court without such an objection, but this is not recommended, since it is better to capture your arguments on paper. After all, the judge is also a man, so everything that was said at the hearing orally can easily be forgotten or missed. Objection on paper will not allow this!
