An application for securing a claim to the arbitration court is filed with the aim of leaving the opportunity to execute the court decision in the future. Its adoption without preliminary measures does not always serve the intended purposes. For example, the counterparty got rid of the property, withdrew money from accounts, etc.
Normative regulation
The AIC describes in sufficient detail the procedure and measures that the applicant is entitled to ask the judge to apply. To help the courts and participants in the proceedings, explanations were issued regarding the application for securing a claim in an arbitration court.
Feed way
The right is given to use the court’s website and submit an application for securing a claim through the arbitration court. To be accepted, the document should be certified by an enhanced electronic digital signature. The KAD Internet service is attractive for its availability at any time. There is no need to leave the office and go to the court registry.
Making a statement on paper is not forbidden, which is a significant number of lawyers and parties actively using. Documents are submitted in person through the registry of the court or by mail.
Deadline
The Code gives the right to file an application for securing a claim in the arbitration court at the time the lawsuit is filed or after, before the judge retires to the deliberation room. According to Russian law, the application of security measures is not allowed until the lawsuit is filed. In some countries, after applying security measures, the plaintiff is required to file a claim within a certain time, otherwise he will be obliged to pay losses.
Who serves
In the sample application for securing the claim in the arbitration court, the copy of the representative’s power of attorney or other documents confirming the right to represent the interests of the individual entrepreneur or organization in court are indicated in the list of attached documents. For example, an order for appointment to a position giving the right to represent an organization without a power of attorney. Copies of papers are certified by signature and seal with a mark on the fidelity of the copy.
Statement Structure
The document should have a number of required elements. It:
- name of the court to which the application is sent;
- fully F. I. O. and the place of residence of the parties or the full name of the organization and its location;
- description of the subject of the dispute;
- amount of claims in cash;
- the reasons why the applicant considers it necessary to apply security measures;
- measures or measures that it is desirable to apply;
- date, surname and initials of the submitter, as well as signature;
- list of attached documents;
- receipt confirming payment of state duty.
Features of arbitration proceedings
The law permits the application of security measures only by state courts. In this case, the applicant is entitled to attach a copy of the claim, certified by a notary or the chairman of the arbitration court. The claim must be accepted for consideration.
It is advisable to attach a copy of the agreement on the transfer of the case to the arbitrator.
How to make
Consider the example of an application for securing a claim in an arbitration court. The name of the court is indicated in the upper corner, followed by information about the parties. The subject of the claims is, in particular, the amount that the plaintiff asks to recover for non-performance of the contract.
The reason for the appeal is the lack of sufficient property on the defendant, which will then be exacted. They refer to the lack of real estate, transport, and other valuable assets. Effective reference to the minimum authorized capital.
In the petition, the plaintiff asks to seize the defendant's account in the amount necessary to pay off the debt.Account information is taken from open sources.
Finally
Interim measures are applied based on the statement of the plaintiff. In the request to the court, it is necessary to justify the reasons and circumstances indicating that the enforcement of the court decision will become difficult. For example, the available property is not enough to cover the debt. The application must meet a number of requirements.