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You have been summoned to court as a defendant. What to do?
You have been summoned to court as a defendant. What to do?
Anonim

The main thing is not to panic. And find a good lawyer.

You have been summoned to court as a defendant. What to do?
You have been summoned to court as a defendant. What to do?

Imagine: after returning from work, you go to the mailbox. Scoop up waste paper from local dental clinics, hairdressers and “husbands for an hour”. But today the hand is groping for something non-standard. In my case it was a telegram: “CASE N 51-00X-X8 Heard on xx JUNE 2016 10.00. ADDRESS: MOSCOW UL xxx 15 ENTRANCE x TEL xxx-xx-xx.

The first emotion is shock. Before my eyes are stereotypical images: I am shackled in "bracelets", bailiffs accompanying me in black, crying children in the courtroom.

I google what awaits me next. In parallel, the names of friends and acquaintances from the law faculty who are involved in protecting interests in court come to mind.

Then I make mistakes. Correcting. I make new ones. And so for almost three years.

Then there will be five rules, for which I paid in blood and rubles, step-by-step instructions for actions in this situation. Hopefully I'll save you a couple thousand nerve cells.

Rule 1. Take it easy

You are not a defendant! You are the defendant. These are two different things.

A court, especially a civil one, is like a showdown in a courtyard. An attempt to find out who is cooler. Well, or who has a cooler "older brother" - a lawyer.

Do not try to search the Internet for court practice. I found similar cases won, believed in a guaranteed victory and ended up owing seven figures. Consult a lawyer for any reason.

You don't owe anyone anything yet. Perhaps they will owe you. You are not planning to lose money in the process of protection, do you? For this, there is a mechanism for reimbursing legal costs. By the way, about them.

Rule 2. Don't skimp

Do not try to defend yourself. Even professional lawyers seek the help of colleagues. You will not save, you will most likely lose.

Reject the offers of legal advisers, it is a waste of time. The person representing your interests should not get out of the civil courts, presenting a lawyer's warrant at the entrance.

Your defense lawyer must have the status of a lawyer.

Humble yourself - it's expensive. My three incomplete years in court cost almost 350 thousand rubles. But you cannot save on your own defense; in case of loss, you are guaranteed to pay at least a triple amount of "saved". And vice versa - for me personally, the lawyer saved 1.7 million rubles.

Rule 3. Understand every little thing

Carefully read the case materials, counter-petitions, attached materials. Take pictures of everything, record it on a dictaphone. There can be nothing superfluous in the process of protection.

Yes, you are most likely not a lawyer, but you need to know the material. Otherwise, you will not even be able to understand the tasks set by the lawyer, his defense strategy.

Then you can write articles, and maybe books. At the very least, there will be an ability to succinctly tell stories about adventures in court at feasts.

Rule 4. Trust

A competent lawyer will always prepare you for the most pessimistic scenario. If your representative is actively encouraging and shouting into a megaphone about a future victory, run. You will lose.

You are not with a psychologist, a lawyer is not obliged to reassure you. He is obliged to protect you, soberly assessing all the risks and each outcome of events.

Listen to his every word, write down if necessary. Consult only as much as necessary for absolute inner peace and confidence.

Do not allow amateur performances in the process, especially in the courtroom. You always have the right to be silent - no one is obliged to testify against themselves.

You will be interrogated. Discuss your future interrogation with a lawyer in detail. Rehearse until you believe every word yourself.

Rule 5. Right? Fight to the end

On the eve of almost every meeting, the thought comes to mind: “Maybe, well, his? Maybe we can agree?"

You decide. In my case, the plaintiff personally cut off all paths to reconciliation, including his spouse, colleagues, and employees in our showdown. Thank you for not filing a lawsuit against the children.

Lost in the first instance? File your appeal. Loss again? We submit a cassation appeal. Failure? Supreme Court, planetary, intergalactic - go all the way.

Yes, at each next level the chance is about ten times less. But you must always be that "little warrior". Remember if you had one in your yard or school? He was offended by the older guys, but every time he got up, in tears and snot, and again violently rushed with his fists at the offenders, despite their numerical and physical advantage.

You must do your best to win. And I am ready to absolutely free of charge to help everyone who contacts me in any way I can.

Take it easy. Everything will be fine. In extreme cases, no.

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