How to file a claim

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

The life hacker understands when it is worth going to court on his own, what data is needed and what will happen if the paperwork is incorrect.

When you can go to court yourself

Lawyers advise contacting specialists if a large sum is at stake or a dispute is vital. But there are situations when you can do it on your own.

If the amount of the dispute is insignificant for you, or if you understand that it is standard and unambiguous practice has developed on it, then you can save money and defend your interests in court on your own, including drawing up and filing a claim.

Lada Gorelik Attorney at Law, Managing Partner of the Moscow Bar Association "Gorelik & Partners"

What to do before going to court

Try to negotiate

In some cases, this is a rational step that will allow you not to spoil the relationship and come to a solution that is beneficial for everyone, since there is no guarantee that you will win the court.

In other cases, attempts at pre-trial settlement are required by law. These include, in particular:

• Change or termination of the contract.
• Change or termination of the alimony agreement.
• Termination of the lease.
• Disputes with the tour operator.

If attempts to resolve the issue out of court are mandatory for your case, you must provide evidence that you tried to do so. Otherwise, the claim will not be accepted. Therefore, if you cannot find out exactly what to do, it is better to contact the defendant with a proposal to conclude a pre-trial agreement.

You can send a claim by registered mail with a list of attachments and return receipt. Or get a stamp on the acceptance of a document on your copy, if we are talking about an organization. This will give you the evidence you need to file a claim.

Find out if the statute of limitations has passed

It is necessary to file a claim with the court within the statute of limitations, because the statement of the opposite party about its expiration will be the basis for refusing the claim.

There is a general limitation period of three years. But there are also abbreviated ones. For example, if the pre-emptive right to purchase the owners of shared ownership has been violated, then this can only be declared within three months.

You also need to correctly determine from what day to start counting the statute of limitations for the claim. As a general rule, it begins at the moment when you find out about the violation of your right and who violated it.

Lada Gorelik

Identify the defendant

It is useless to go to court just like that: you must always complain about someone. So it is necessary to determine who is responsible for the situation in which your rights were violated. You can file a claim against an individual or legal entity, or against a government agency. There may be several defendants.

A claim without a defendant will be left without movement. Therefore, if you do not know any data, you will have to conduct a little investigation. You will need a name or title and address. For example, information about legal entities or entrepreneurs can be obtained from the register on the website. And the owner of the apartment, the tenants of which have flooded you, is easy to establish with the help of the Unified State Register of Real Estate.

Evaluate a claim

We are talking about the amount that you plan to collect - the value of the property, alimony payments for the year, and so on. Assessing the cost of a claim should be approached rationally. For example, if you were flooded by a neighbor, you cannot enter random numbers. It is necessary to invite a specialist who will assess the damage and attach the results of the examination to the claim.

In the event of a clear discrepancy between the price of the claim and the actual value of the claimed property, it will be determined by the judge when accepting the statement of claim.

Alexey Yuferov Deputy General Director of the Law Firm "Vector Prava"

Which court to apply to

Geographically, you need to choose a court at the location of the defendant. But there are exceptions. For example, if the defendant does not live in Russia, you can go to court at the place of his last residence. If we are talking about the recovery of alimony, compensation for harm after injury, reinstatement in the workplace, the court at the place of residence of the plaintiff will do. In cases where there are several defendants, file a claim against any of them.

With the view of the court, everything is somewhat more complicated. Non-business civil claims are usually tried in a magistrate or district court.

The magistrates' court considers cases:

• On the issuance of a court order for the recovery of money or the reclamation of property.
• Property disputes with a claim price of less than RUB 50,000.
• On the determination of the procedure for the use of property.
• On the division of the jointly acquired property of the spouses, if its value is less than 50,000 rubles.
• Divorce, if the spouses have agreed on the place of residence of the children.

Justices of the peace never hear inheritance and intellectual property cases. Complicated family cases of challenging and establishing paternity, deprivation or restriction of parental rights, and adoption or adoption are also not within their competence.

Natalia Kochetkova Leading Legal Counsel, YUST. AS Law Firm

Claims in such cases and all other claims in the system of general jurisdiction are considered by district courts. The arbitration courts are in charge of disputes related to economic activities. But here it is better to enlist the help of a lawyer.

What to write in the statement of claim

By law, the claim must contain the following information:

1. Name of the court to which the claim is sent.
2. Information about the plaintiff - full name or name, if we are talking about an organization, registration address.
3. Respondent data.
4. How the plaintiff's rights were violated, what he demands from the defendant.

Describe succinctly what exactly happened, provide links to laws. The narration should be as simple as possible so that the court clearly understands what you want. The foggy lawsuit is likely to be left unmoved.

There should be no confusion or obvious contradictions in the statement. Clearly and consistently, without emotion, state the circumstances and facts, add links to the rules of law related to the dispute.

If you refer to incorrect articles of the law in the text of the claim, the court has no right to refuse you on this basis only, since you are not required to have special legal knowledge.

Lada Gorelik

Be sure to write what you want to receive from the respondent. It is important, however, that the requirement is realistic. Otherwise, the case will end in nothing, even if you win the court.

1. The cost of the claim, if the claim is subject to assessment.
2. List of documents attached to the claim.

It is necessary to provide copies of the statement of claim in accordance with the number of defendants, papers confirming the circumstances of the case and your innocence, the calculation of the collected or disputed amount of money, a receipt for payment of the state duty.

The main part of the documents is attached in the form of certified copies, but the receipt for payment of the state duty will be required in the original.

The application must be signed by the plaintiff or his representative. In the second case, a copy of the document on the basis of which the representative acts - for example, a power of attorney, must be attached to the claim.

If, according to the law, you should have taken measures to pre-trial appeal to the defendant, information about this is also entered in the statement of claim.

How to file a claim in court

You can submit an application in paper form: personally bring it to the office of the court you need, or send it there by letter with a list of attachments and a receipt acknowledgment.

The second option is to send a claim electronically through the system. To enter, use the username and password from "Gosuslug".

Most district courts accept electronic applications, but justices of the peace do not always have this opportunity. Therefore, it is better to clarify in advance in what form you can file a claim with your particular court.

Lada Gorelik

What will be the state duty

Some claims are exempt from state duty. These include, for example:

• Collection of wages.
• Compensation for harm caused by a crime.
• Protection of the rights and legitimate interests of the child.
• Consumer rights Protection.

A complete list can be found in the Tax Code.

For claims of a non-property nature, the amount of state duty is fixed and depends on the subject of the dispute. For example, you will have to pay 600 rubles for a divorce claim.

For a property claim subject to assessment, the amount of the state duty varies depending on the value of the claim:

• Up to 20,000 rubles - 4% of the claim price, but not less than 400 rubles.
• From 20,001 rubles to 100,000 rubles - 800 rubles plus 3% of the amount exceeding 20,000 rubles.
• From 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2% of the amount exceeding 100,000 rubles.
• From 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1% of the amount exceeding 200,000 rubles.
• Over 1 million rubles - 13,200 rubles plus 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

The details for paying the state duty can be found on the website of the court of your choice. There is usually a calculator there, with which you can calculate the exact amount of the required contribution.

What happens if you file a lawsuit incorrectly

If the shortcomings are insignificant - for example, you did not indicate the respondent - then the claim will be left without progress until you eliminate the errors. If you chose the wrong court or did not try to resolve the issue out of court, as required by law, the application will be returned.

In some cases, returning a claim can backfire.

Any information about the course of the consideration of the claim is posted on the Internet. The person to whom you are making claims may find out about your intentions and take advantage of the hitch to, for example, sell their property.

Alexey Yuferov

The judge has 5 days to consider whether or not to accept the claim.