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How to draw up a statement of claim in court: sample, form and recommendations. Rules for drawing up a statement of claim Rules for drawing up a statement of claim

from 01/31/2020

When going to court, statements of claim are drawn up.

You can download all sample statements of claim. View examples of their composition. Learn the rules for filing and considering civil cases in court.

To prepare the document, you can seek legal help or try to figure it out yourself. As our practice shows, most citizens are quite capable of drawing up any statement of claim on their own. To do this, you just need to find suitable samples, figure out how to draw up a claim and present it to the court.

You have already completed the first task, since you found this site. Now choose a suitable sample, download it (it’s completely free), get acquainted with examples of filing claims, and ask our lawyers any questions. We hope that with our help everything will work out for you.

What is a statement of claim

A statement of claim is a written application to the court in which one party makes demands on the other. The one who files the claim is called the plaintiff. The party against whom the claim is made is called the defendant. There may be several plaintiffs or defendants in each case. In addition to the parties, third parties may participate in civil cases. No requirements are imposed on third parties; based on a court decision, they may have certain rights or obligations.

How to file a claim

The statement of claim can be handwritten or typed. The requirements for the content of the application, the rules for filing a claim in court and its consideration are established in the Civil Procedure Code of the Russian Federation. Documents drawn up in any form, without complying with established rules, will not be accepted by the court.

Before filing an appeal to the court, you must decide on your requirements, identify the person who will be the proper defendant, and choose the court authorized to consider such a civil case.

When drawing up a document, you should look at the situation from the outside, which will allow you to describe all the circumstances in as detailed and clear a manner as possible. There is no need to shorten words or use abbreviations. When describing a controversial situation, rely on specific facts, indicate the date and place of the events. Requirements must be related to the described circumstances, according to the “cause-effect” principle.

If it doesn't work out

The presented samples will allow you to independently understand the preparation of claims in simple situations, gain basic legal knowledge, and will become a reliable assistant for novice lawyers. The website provides a special form where you can ask our lawyers any questions about document preparation.

In July 2011, the President of the Russian Federation D. A. Medvedev approved the “Fundamentals of the state policy of the Russian Federation in the field of development of legal literacy and legal consciousness of citizens,” which are aimed at creating a high level of legal culture of the population, a tradition of unconditional respect for the law, law and order and the court, as well as to overcome legal nihilism in society.

The objectives of public policy are:

1) formation in society of sustainable respect for the law and overcoming legal nihilism;

2) increasing the level of legal culture of citizens, including the level of awareness and legal literacy;

State policy is carried out in the following main directions:

1) legal education and legal information to citizens;

2) development of legal education and upbringing of the younger generation in educational institutions of various levels through the introduction into the educational process of training courses, programs, educational and methodological materials that ensure the acquisition of knowledge in the field of law;

3) transformations in the spheres of culture, mass information, advertising and publishing activities, aimed at creating a high level of legal culture and legal awareness of citizens;

4) improving activities in the field of providing qualified legal assistance, including the creation of an effective system of free legal assistance.

In this regard, as part of legal information to citizens, the lawyer of the Legal Information Center of the MUK "MIBS" provides information on how to correctly file a statement of claim in court.

Very often in everyday life we ​​are faced with the problem of filing a claim. When should you file a claim? You need to apply when all possible means of pre-trial settlement have been exhausted. A citizen's appeal to the court is most often associated with the restoration of his violated right, or the establishment of obligations for third parties (for example, reinstatement at work, determination of the procedure for using residential premises).

A claim in civil proceedings is an application to the court by an interested person with a demand for the protection of a violated or disputed right or an interest protected by law by resolving a dispute about the right. A claim serves as a procedural means of resolving a dispute about law between the parties to a substantive legal relationship. Before drawing up a statement of claim, it is necessary to analyze the situation and assess the prospect of satisfying the claim. In some cases, it is important to collect additional evidence before filing a lawsuit, otherwise the opposing party may destroy such evidence (for example, a medical record, letters, photographs).

Preliminary legal analysis of the situation.

The statement of claim must be drawn up in strict accordance with the requirements of the law. Violation of such requirements will lead to the judge making a decision to refuse to accept the statement of claim or leave it without progress. In order for the judge to accept the claim for consideration and make a positive decision, it is important to correctly draft the claim and attach only the necessary documents - evidence. 90% of success in resolving a case depends on the text of the claim itself. If the claim is drawn up incorrectly, incompletely, does not contain the subject of the dispute, evidence, justification for the need to go to court and many other important components, the judge may decide to refuse to satisfy the claims, and it is no longer possible to go to court on the same issue a second time.

How to draw up a statement of claim. Requirements for the statement of claim.

Remember: the form and content of the statement of claim must comply with Articles 131 and 132 of the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation). Failure to comply with these conditions entails refusal to accept a claim judge or leaving him motionless.

1. The statement of claim must be submitted to the court in writing.

The number of copies is according to the number of parties indicated in the statement of claim. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court. It is important that after submitting documents to the court, you still have a copy of the statement of claim in your hands with a note from the court stating that it was accepted and when exactly (date). If you send your claim to the court by mail, we advise you to send it by registered or certified mail with return receipt requested (so that you have proof that you sent and received the documents by the court).

2. The statement of claim must indicate:

1) name of the court to which the application is submitted;

2) plaintiff's name, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;

3) name of the defendant, his place of residence or, if the defendant is an organization, its location;

4) essence of the violation(threat of violation) of the rights, freedoms or legally protected interests of the plaintiff and his demands. Requirements, set out in the statement of claim in legal language, are called the subject of the claim. It is most important for the statement of claim and for the entire civil case in general;

5) circumstances on which the plaintiff bases his claim, and proof, confirming the circumstances stated by the plaintiff. These circumstances constitute cause of action. It should be remembered that the main feature of civil proceedings is that each party must prove their case independently. As the plaintiff, you have the primary burden of proof since you initiate the process. Therefore, it is imperative to indicate and then attach to the statement of claim the maximum amount of evidence. Evidence is information about facts obtained in the manner prescribed by law, on the basis of which the court establishes the presence or absence of circumstances justifying the demands and objections of the parties, as well as other circumstances relevant for the proper consideration and resolution of the case.

In Part 1 of Art. 55 of the Code of Civil Procedure of the Russian Federation provides for the following types of evidence: explanations of the parties, explanations of third parties, testimony of witnesses, written and material evidence, reproduction of audio and video recordings, expert opinions. Part 2 Art. 55 of the Code of Civil Procedure of the Russian Federation contains a ban on obtaining evidence in violation of the law (that is, any illegal means: deception, threats, torture, violence, falsification, forgery of documents, etc.). Evidence obtained in violation of the law has no legal force and cannot be used as the basis for a court decision. The judge, in order to prepare the case for trial, if necessary, may, for his part, invite the plaintiff to provide additional evidence (clause 1 of Article 150 of the Code of Civil Procedure of the Russian Federation). Failure to provide this evidence does not prevent further progress of the case. It must be borne in mind that each party must prove the circumstances to which it refers as the basis for its claims and objections.

It is also recommended to substantiate your requirements refer to a rule of law(a specific paragraph, clause, part, article of a specific normative act), although such an obligation is not established by law;

6) claim price, if the claim is subject to assessment, and also calculation of collected or disputed amounts of money. Plaintiffs do not have problems when a sum of money is recovered directly, or property confirmed by documents characterizing its value. It is more difficult when the property is not appraised and is not confirmed by documents determining the value. In this case, we can advise you to focus on the market value, which exists, other things being equal, at the moment. You can also use the services of independent appraisers, who will determine the value of the property with almost one hundred percent accuracy. When the property is not owned, it is accordingly impossible to determine its value by visual appraisal. Here we recommend indicating the approximate cost. It is impossible not to indicate the price of the claim if it is subject to assessment, since the formal sign of filing a statement of claim will not be observed;

7) information on compliance with the pre-trial procedure for contacting the defendant if this is established by federal law or provided for by an agreement between the parties;

8) list of documents attached to the application.

The application may also indicate other information of the plaintiff, defendant, representative: telephone numbers, fax numbers, e-mail addresses, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s petitions.

The documents attached to the statement of claim are defined in Art. 132 Code of Civil Procedure of the Russian Federation. The following are attached to the statement of claim:

– its copies in accordance with the number of defendants and third parties;

– a document confirming payment of the state duty;

– power of attorney or other document certifying the authority of the plaintiff’s representative;

– documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for defendants and third parties, if they do not have copies;

– evidence confirming the implementation of the mandatory pre-trial dispute resolution procedure, if such a procedure is provided for by federal law or agreement;

– calculation of the amount of money collected or disputed, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.

The claim consists of three semantic parts: introductory, descriptive, motivational, operative and final.

Introductory part is located in the upper right part of the first sheet of the statement of claim and contains the following information: the name of the court where the statement of claim is filed, the name and address of residence of the plaintiff and defendant, the price of the claim (in numbers and in words), the amount of the state duty (also in numbers and in words). The introductory part might look like this. To determine the amount of state duty, you must use the rules provided for by the Tax Code of the Russian Federation. In order to pay the state fee, you will need the bank details of the judicial authority where you are filing the claim. They can be found in the court office, as well as on the Internet site of this court (if available).

Descriptive part contains a description of the current situation. It sets out in detail the prerequisites for the occurrence of the current situation, its circumstances, evidence confirming certain information, as well as the evidence on which the plaintiff bases his claims. This part may also contain other information that is relevant to the case. For example, information characterizing the personality of the defendant, information about circumstances that are known to other persons (according to such and such a person), etc. In fact, this is the main part, since it is the most meaningful and voluminous.

Motivational part contains a justification for the violation of a specific right with reference to the provisions of the law. Here it is necessary to indicate what was violated, and also summarize what was said in the descriptive part of the statement of claim. It is important to note that shortcomings in the motivation of the statement of claim can lead to an incorrect definition of the law that should be followed when resolving the case, which determines the definition of the subject of proof and the range of evidence presented, as well as the nature of the legal relations of the parties and the composition of the persons participating in the case. Otherwise, the decision may be made contrary to the actual circumstances of the case and not in favor of the plaintiff.

The operative part The claim contains the plaintiff’s demands against the defendant, outlining the plaintiff’s appeal to the court to satisfy the stated claims. They should reflect the method of protecting the violated or disputed right, for example: I ask you to recover a certain amount of money as compensation for property or moral damage. The operative part of the statement of claim may also contain other information relevant to the resolution of the dispute. The operative part of the claim may indicate plaintiff's motions(a petition is understood as a written or oral request containing an appeal to the court to perform (refrain from performing) any procedural actions or decisions). For example:

– on taking measures to secure evidence (Articles 65, 66 of the Code of Civil Procedure of the Russian Federation),

– to secure a claim (Chapter 13 of the Code of Civil Procedure of the Russian Federation),

– on the collection of evidence (Article 57 of the Code of Civil Procedure of the Russian Federation),

– on sending a letter of request (Article 62 of the Code of Civil Procedure of the Russian Federation),

– on calling witnesses (Article 69 of the Code of Civil Procedure of the Russian Federation),

– on the appointment of an examination (Article 79 of the Code of Civil Procedure of the Russian Federation),

– on exemption from payment of state duty, its deferment or installment plan (Part 3 of Article 89, Article 90 of the Code of Civil Procedure of the Russian Federation), etc.

Final part the claim contains attachments to the statement of claim, the date and signature of the plaintiff or the plaintiff’s representative if he has the authority to sign the statement and present it to the court.

The statement of claim can be submitted to the judge in person or sent to the court by mail (by registered mail with acknowledgment of delivery). Within five days from the date the statement of claim is received by the court, the judge is obliged to consider the issue of accepting it for court proceedings. The judge issues a decision regarding acceptance of the application for trial definition, on the basis of which a civil case is initiated in the court of first instance (Article 133 of the Code of Civil Procedure of the Russian Federation).

State duty for the statement of claim.

The state duty is calculated as the sum of payments for each property and non-property claim. Calculation of state duty when filing a statement of claim in court, it is carried out in accordance with Art. 333.19 of the Tax Code of the Russian Federation. In addition, it is important to know that in some cases the state duty is not paid. From paying state duty in cases considered in courts of general jurisdiction, as well as by magistrates, are released:

1) plaintiffs - in claims for the recovery of wages (monetary support) and other claims arising from labor relations, as well as in claims for the recovery of benefits;

2) plaintiffs – in claims for alimony;

3) plaintiffs - in claims for compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner;

4) plaintiffs – in claims for compensation for property and (or) moral damage caused by the crime;

5) organizations and individuals - for issuing documents to them in connection with criminal cases and cases of alimony collection;

6) parties - when filing appeals and cassation complaints regarding claims for divorce;

7) organizations and individuals – when filing a lawsuit:

- applications for deferment (installment plan) of execution of decisions, for changing the method or procedure for executing decisions, for reversing the execution of decisions, restoring missed deadlines, reviewing a decision, ruling or ruling of the court due to newly discovered circumstances, for reviewing a decision in absentia by the court that made this decision;

– complaints about the actions (inaction) of the bailiff, as well as complaints about decisions in cases of administrative offenses issued by authorized bodies;

– private complaints against court rulings, including about securing a claim or replacing one type of security with another, about terminating or suspending a case, about refusing to add or reduce the amount of a fine imposed by the court;

8) individuals – when filing cassation appeals in criminal cases in which the correctness of the recovery of property damage caused by a crime is disputed;

9) prosecutors - on applications in defense of the rights, freedoms and legitimate interests of citizens, an indefinite number of persons or interests of the Russian Federation, constituent entities of the Russian Federation and municipalities;

10) plaintiffs – in claims for compensation for property and (or) moral damage caused as a result of criminal prosecution, including issues of restoration of rights and freedoms;

11) rehabilitated persons and persons recognized as victims of political repression - when addressing issues arising in connection with the application of legislation on the rehabilitation of victims of political repression, with the exception of disputes between these persons and their heirs;

12) forced migrants and refugees - when filing complaints about the refusal to register an application for recognition of them as forced migrants or refugees;

13) the authorized federal executive body for control (supervision) in the field of consumer rights protection (its territorial bodies), public associations of consumers (their associations, unions) - for claims brought in the interests of a consumer, a group of consumers, an indefinite number of consumers;

14) individuals - when submitting applications to the court for the adoption and (or) adoption of a child;

15) plaintiffs – when considering cases to protect the rights and legitimate interests of a child;

16) plaintiffs – for claims of a non-property nature related to the protection of the rights and legitimate interests of disabled people;

17) public organizations of disabled people acting as plaintiffs and defendants;

18) plaintiffs – disabled people of groups I and II;

19) veterans of the Great Patriotic War, combat veterans, veterans of military service seeking protection of their rights established by the legislation on veterans;

20) plaintiffs – in claims related to violation of consumer rights;

21) plaintiffs - pensioners receiving pensions assigned in the manner established by the pension legislation of the Russian Federation - in claims of a property nature against the Pension Fund of the Russian Federation, non-state pension funds or federal executive authorities providing pensions to persons who served in military service.

SIZES OF STATE FEES FOR CASES CONSIDERED IN COURTS OF GENERAL JURISDICTION, BY JUSTICES OF THE MAGISTRY (Article 333.19 of the Tax Code of the Russian Federation).

1. For cases considered in courts of general jurisdiction by magistrates, the state fee is paid in the following amounts:

1) when filing a claim of a property nature subject to assessment, with the price of the claim:

– up to 20,000 rubles – 4 percent of the claim price, but not less than 400 rubles;

– from 20,001 rubles to 100,000 rubles – 800 rubles plus 3 percent of the amount exceeding 20,000 rubles;

– from 100,001 rubles to 200,000 rubles – 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles;

– from 200,001 rubles to 1,000,000 rubles – 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles;

– over 1,000,000 rubles – 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles;

2) when filing an application for a court order - 50 percent of the amount of the state duty collected when filing a claim of a property nature;

3) when filing a claim of a property nature that is not subject to assessment, as well as a claim of a non-property nature:

– for individuals – 200 rubles;

– for organizations – 4,000 rubles;

4) when filing a supervisory complaint - in the amount of the state duty paid when filing a claim of a non-property nature;

5) when filing a claim for divorce - 400 rubles;

6) when filing an application to challenge (in whole or in part) regulatory legal acts of state authorities, local governments or officials:

– for organizations - 3,000 rubles;

7) when filing an application to challenge a decision or action (inaction) of state authorities, local governments, officials, state or municipal employees who have violated the rights and freedoms of citizens or organizations - 200 rubles;

8) when filing an application in cases of special proceedings - 200 rubles;

9) when filing an appeal and (or) cassation complaint - 50 percent of the amount of the state duty payable when filing a claim of a non-property nature;

10) when filing an application for the re-issuance of copies of decisions, sentences, court orders, court rulings, decisions of the presidium of a supervisory court, copies of other documents from the case issued by the court, as well as when filing an application for the issuance of duplicates of executive documents - 4 rubles per page document, but not less than 40 rubles;

11) when submitting an application for the issuance of writs of execution for the forced execution of arbitration court decisions - 1,500 rubles;

12) when filing an application to secure a claim being considered in an arbitration court - 200 rubles;

13) when filing an application to cancel the decision of the arbitration court - 1,500 rubles;

14) when filing an application in cases of alimony collection - 100 rubles. If the court makes a decision to collect alimony both for the maintenance of children and for the maintenance of the plaintiff, the amount of the state duty is doubled;

15) when filing an application for an award of compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time:

– for individuals - 200 rubles;

– for organizations - 4,000 rubles.

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How to file a claim.

The statement of claim (signed and dated) can be submitted directly to the court office, or sent to the court by certified mail (with a list of documents) or by registered mail with notification. The court will receive a valuable letter a little later than a registered letter, but the specified inventory of sent documents, controlled by mail or a courier organization, is sometimes very necessary.

To go to court, you can seek qualified legal assistance from a lawyer. You can compensate the money spent on the services of a professional lawyer at the end of the trial at the expense of the person who lost the trial.

When drawing up a statement of claim, it is important to clearly formulate your requirements and positively present evidence. A lawyer from the Legal Information Center of the Central City Library can inform you about all the intricacies of writing a statement of claim during a consultation. A lawyer from the Legal Information Center will draw up a competent statement of claim for you in your interests, and indicate only those facts that will help you achieve a positive result.

Lawyer of the Center for Legal Information - Petrova Irina Vladimirovna.

If you decide to file a statement of claim in court yourself, then to avoid mistakes you will need a sample of filling out a statement of claim, which can be used as a template to avoid possible inaccuracies, which will save time and nerves.

The result of a lawsuit often depends on a well-drafted claim and the objectivity of the information specified in it. This article will tell you how to prepare a statement of claim according to the sample, taking into account all the necessary requirements of court records.

What is a claim and statement of claim in court?

Filing a claim in court is a method of legal protection in cases where the rights of the plaintiff have been violated by someone. A statement of claim is an external form of expression of the civil law of an individual or legal entity regarding the protection of their rights and legitimate interests. In order to draw up a claim document correctly, it is necessary to adhere to a certain form established by law, namely Article 131 of the Code of Civil Procedure of the Russian Federation. According to the Civil Procedure Code of the Russian Federation, a statement of claim must be submitted to the court exclusively in writing.

A properly drafted lawsuit must contain the following mandatory points:

  1. Full name of the court in which the claim is filed.
  2. Personal data of the plaintiff with the obligatory indication of full name and place of registration for an individual, name and legal address for organizations. If the document is submitted through an authorized representative, then the application additionally records information with the personal and address details of the subject.
  3. The most complete information about the defendant.
  4. Description of the violation of the plaintiff’s rights, or the actual threat of such a violation, the main requirements for the claim.
  5. Amount of claim. What is included in the price of a claim? This paragraph implies an indication of the amount of amounts collected or disputed.
  6. Circumstances that led to the filing of claims.
  7. A list of evidence confirming the circumstances recorded in the statement of claim.
  8. Date of writing the statement of claim.
  9. The personal signature of the plaintiff is mandatory.

It is permissible for the claim to be signed by the legal representative of the plaintiff if his authority includes the point of endorsement and submission of statements of claim to the court.

Contents of the claim filed in court by the prosecutor

Some types of claims are filed in court on behalf of the prosecutor. If the purpose of the claim is to protect state interests, then it must indicate these interests and violated rights. In addition, the prosecutor's claim must include references to legislative acts that explain the existing ways and means of protecting the declared interests.

Another option is to file a claim by the prosecutor, when a citizen for some reason cannot file a claim on his own, then in order to protect his interests, the prosecutor can do this. Such a statement must contain information about the impossibility of a citizen filing a claim on his own. In the absence of such information, the prosecutor’s office employee should indicate the fact of the citizen’s private appeal to the prosecutor.

Additional information contained in the statement of claim

Based on current legislation, the statement of claim may contain some additional points that are of no small importance during the consideration of the lawsuit.

For example, the application may indicate such supporting information as contact details of the parties (plaintiff, defendant, authorized representatives): fax numbers, mobile phones, email addresses, Skype, etc.

Where can I find a sample letter of claim?

If a citizen needs to independently draw up a statement of claim to the court, then it is obvious that he will need a form to fill out this document. The standard claim form can be downloaded online, and in addition, all claim forms, as well as samples for filling them out, are available at the reception of the judicial authority where you plan to file the claim.

Example of a statement of claim to the court

A standard claim filed by a citizen with a judicial authority contains, as a rule, three main parts:

  1. Introductory part. It involves indicating the personal and contact information of the parties to the case, their full names, addresses, telephone numbers. Designed as a separate column in the upper right part of the document. In addition, the introductory part contains information about the cost of the claim.
  2. Description. The main part of the claim begins immediately after the name of the document is indicated. In the description, the plaintiff sets out in detail, but briefly, all the circumstances of the case, and lists significant violations of rights. A mandatory element is references to the norms of the current legislation of the Russian Federation.
  3. Final part. At the end of the document, the applicant summarizes the above, putting forward his demands. Most often, the final part of any statement of claim begins with the word “I ask.”

At the end, the applicant lists a list of documentation attached to the claim as evidence regarding the facts of the case set out in the main part, for example, the company and the policy. At the bottom of the claim form, on the left side, the date of its preparation is indicated; on the right side, the claim is endorsed with the applicant’s signature and full name.

Who can file an application?

Citizens who do not have experience in writing statements of claim, in most cases, make various kinds of errors and inaccuracies, which can subsequently lead to the fact that the statement will have to be rewritten more than once before the court accepts it. It is recommended that such a statement be checked by a specialist before submitting it to court.

Companies providing legal services can provide qualified assistance to citizens in writing a statement of claim. Usually, they have a whole team of people who are well acquainted with all the nuances of filling out such documents. For an acceptable, fixed fee, you will receive a well-drafted statement of claim as quickly as possible and without possible difficulties.

Features of drawing up a statement of claim

The process of writing a statement of claim in court requires exceptional accuracy and care. The essence of the claim is presented without unnecessary emotions using the official business style of narration. The document must contain a description of the circumstances directly related to this claim.

When writing proposals, it is important to avoid overly complex speech structures and misunderstandings; this can significantly complicate understanding the essence of the statement of claim. The most concise formulation is recommended.

Basic requirements for the content of the statement of claim

All facts specified in the statement of claim must have the appropriate necessary confirmation. Any unfounded information in statements of claim is not allowed. The circumstances of the case are described by the plaintiff with reference to legislative acts and regulatory documentation.

The application must be accompanied by the documents referred to by the plaintiff (these can be contracts, checks, bank statements, etc., just do not forget to make copies of the documents for yourself, or better yet, scan and store the copies in electronic form).

To summarize, we note that any citizen has the right to go to court in order to protect his interests and rights. This is done by filing a properly executed statement of claim, the correctness of which is one of the decisive factors in the process of considering the case and making a final decision by the judiciary.

External form of expression of claim - statement of claim , which is presented to the court in writing (Civil Procedure Code of the Russian Federation). An interested person can file a claim with the court either in person or send it by mail.

At the same time, clause 1.1 of Art. 3 of the Code of Civil Procedure of the Russian Federation specifies that a statement of claim, statement, complaint, presentation and other documents can be filed in court

  1. on paper or
  2. in electronic form, including in the form of an electronic document signed with an electronic signature in the manner established by the legislation of the Russian Federation, by filling out a form posted on the official website of the court on the Internet.

The statement of claim, submitted by filling out a form posted on the official website of the court, containing a request to secure the claim, is signed with an enhanced qualified electronic signature.

    1. name of the court to which the application is submitted;
    2. plaintiff's name, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative;
    3. name of the defendant, his place of residence or, if the defendant is an organization, its location;
    4. what is violation or threat of violation of rights, freedoms or legitimate interests of the plaintiff and his demands;
    5. circumstances on which the plaintiff bases his claims, and evidence confirming these circumstances;
    6. the price of the claim, if it is subject to assessment, as well as the calculation of the collected or disputed amounts of money;
    7. compliance information pre-trial procedure appeal to the defendant, if this is established by federal law or provided for by the agreement of the parties;
    8. list of documents attached to the application.

The application may indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the plaintiff’s requests.

More details

    • the nature of the disputed material legal relationship,
    • subject composition and
    • a number of other circumstances,

essential for the correct resolution of the case.

The statement of claim must indicate the circumstances on which the plaintiff bases his claims (i.e. those that are included in the basis of the claim):

    1. law-forming;
    2. law-altering;
    3. terminating.

Evidence confirming these circumstances must also be provided. In this case, the application must inform the court of the names and surnames of witnesses and persons who have written or material evidence, their addresses, etc., and indicate a list of attached documents.

The Code of Civil Procedure of the Russian Federation does not require legal qualification of the plaintiff’s request, i.e. mandatory reference to a rule of substantive law (with the exception of the prosecutor’s statement of claim).

In practice it also happened that the application submitted by a lawyer or legal adviser must contain a reference to the law.

The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court.

Securing a claim

Securing a claim - this is the adoption by the court, at the request of the persons participating in the case, of procedural measures provided for by law, guaranteeing the execution of a possible decision on the stated claim.

Securing a claim is allowed in any situation in the case if failure to take measures to secure the claim may complicate or make it impossible to enforce the court decision.

Measures to secure a claim depend on the subject of the claim. Measures to secure a claim may be:

    1. seizure on property owned by the defendant and located by him or other persons;
    2. prohibition to the defendant perform certain actions;
    3. prohibiting other persons from performing certain actions related to the subject of the dispute, including transferring property to the defendant or fulfilling other obligations in relation to him;
    4. suspension of property sales in case of filing a claim for the release of property from seizure (exclusion from the inventory);
    5. suspension of collection under a writ of execution disputed by the debtor in court.

If necessary, a judge or court may take other measures to secure the claim, and several measures may be allowed.

The judge or court immediately reports the measures taken to secure the claim to the relevant state bodies or local government bodies that register property or rights to it, their restrictions (encumbrances), transfer and termination.

If the prohibitions are violated, the perpetrators are subject to a fine of up to 1,000 rubles. In addition, the plaintiff has the right in court to demand from these persons compensation for losses caused by failure to comply with the court's ruling to secure the claim.

Measures to secure the claim must be proportionate to the claim stated by the plaintiff.

In judicial practice, the measure most often used to secure a claim is related to the seizure of property or funds belonging to the defendant and located in credit institutions.

The procedure for seizing property is defined in detail in Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”.

The purpose of seizure of property when securing a claim is its preservation until the case is resolved in court.

In Art. 446 of the Code of Civil Procedure provides a list of property that cannot be foreclosed on under executive documents. This is property without which a person’s existence is impossible (living quarters, home furnishings, clothing, etc.).

Procedural procedure for securing a claim

According to Art. 141 of the Code of Civil Procedure of the Russian Federation, an application for securing a claim is considered on the day it is received by the court without notifying the defendant or other persons participating in the case.

On taking measures to secure the claim, the judge or the court issues a ruling that is enforced immediately in the manner established for the execution of court decisions.

Based on the court ruling to secure the claim, the judge or court issues a writ of execution to the plaintiff and sends a copy of the court ruling to the defendant.

According to the statement of the person participating in the case, it is allowed to replace some measures to secure a claim with other measures to secure a claim in the manner established by Article 141 of the Code.

When securing a claim for the recovery of a sum of money, the defendant, in return for the measures taken by the court to secure the claim, has the right to deposit into the court’s account the amount claimed by the plaintiff.

Security for a claim can be canceled by the same judge or court upon the application of persons participating in the case, or on the initiative of a judge or court (Article 144 of the Code of Civil Procedure of the Russian Federation).

Question about canceling security for a claim resolved in court. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to consideration of the issue of canceling the security for the claim.

If you want to file a lawsuit and write a statement, of course, you can first consult with a lawyer. Although in practice, most citizens independently compose it according to the model, and in fact there is nothing complicated. You can download the sample on the Internet and fill it out slowly, observing a number of rules established by law.

Everyone knows that they can defend their rights by resolving disputes in court, and many citizens have to deal with procedural conditions. Any citizen who has reached the age of 18 can file an application with the court in case of violation of his rights and interests.

The limitation period from the date of filing is 3 years and can be extended if necessary, for example in the case of challenging an employment contract or tax labor disputes.

If it is necessary to present several demands to the defendant at once, then the document is drawn up in several copies.

You can apply in person to the court at the defendant’s place of residence, or send it by mail along with the documents by registered mail, leaving a receipt in your hands to avoid loss of documents. When going to court in person at the office, you should request a guarantee card in exchange for the submitted documentation with a stamp and date of delivery.

general information

Statement of claim when going to court, it is drawn up in writing with a detailed description of all the claims presented to the defendant.

Statement– this is a document, and when filling out it is worth taking into account a number of formal requirements, failure to comply with which may lead to non-acceptance, withdrawal of the application, and other undesirable consequences.

The filing party will be the plaintiff, the other party against whom the claims will be made will be the defendant. The lawsuit is being considered by the court in a pre-trial manner with a view to possible conflict resolution. If the parties were unable to resolve the dispute before the trial, then the decision will be made by the judge based on the facts and evidence provided.

Main cases of filing a claim

Both parties are equal before the law. To resolve disputes in court, the plaintiff must promptly notify the defendant that a lawsuit has been filed. Any citizen over 18 years of age can submit it.

Mainly served in the following cases:

  • Infringement of the rights and interests of the plaintiff.
  • Causing moral, physical and material harm for the purpose of paying compensation.

The court is obliged to protect the interests of the citizen, which must be fully stated in the application. If, for example, due to illness, the plaintiff cannot personally file an application with the court, then a representative or guardian can do this for him, but only with a power of attorney certified by a notary.

The application must reflect clear and specific information from the plaintiff indicating:

  • Names of the court.
  • Full name of the plaintiff.
  • Full name of the defendant.
  • The essence of the violation or threat of violation of the rights of the plaintiff.
  • The main requirements of the plaintiff.
  • Description of the address and place of residence in full or of an authorized representative.

The document must reflect:

  • Cost of claim, full description of other circumstances, the basis of which was the filing of a claim in court.
  • Description of supporting evidence to the given circumstances.

Additionally, a list of documents is attached. You must include a date and signature.

Cost of claim

The required amount for compensation for losses caused to the plaintiff in the form of money will represent the price of the claim that the applicant wants to receive from the defendant. The claim price must be reflected in the claim upon filing. Perhaps the defendant took possession of the plaintiff’s money illegally and the amount has not been established, then a pre-trial examination will be carried out, and the price of the claim will be set by the court.

The claim price consists of several parts:

  1. Price including material damage caused by the defendant, in particular penalties and fines.
  2. Price including moral damages in order to recover losses from the defendant.

If there are 2 or more defendants, the cost of the claim will be calculated for each culprit separately and in shares. The applicant himself can reflect the amount for each defendant separately, setting out all these facts of the case in the text of the document.

If the court has no questions about the application, it will be accepted for consideration. If an assessment of the damage caused has not been carried out and there are no certain supporting circumstances, then the documentation may reflect the approximate cost of the damage. In this case, the decision will remain with the judge.

The claim may be satisfied in full, in part, or completely dismissed. That is why the outcome of the case will depend only on a correctly drafted application. In addition, the document can reflect other requirements that the plaintiff considers necessary and if they entailed a violation of rights in causing damage, even if they are not at all prescribed by law.

Circumstances on the basis of which the claims were brought

The circumstances must be specified as a separate paragraph in the application when the plaintiff presents claims. All information in the document is genuine and the requirements must be qualified correctly.

The plaintiff bears full responsibility for the improper fulfillment of his obligations and the provision of false information. The circumstances will be considered the legal basis for the presentation of the requirements specified in the application.

It is important to reflect them in the motivation part of the document. The plaintiff will have to prove the indicated circumstances in court, which means that the relevant additional documents must be attached for confirmation.

Evidence supporting the circumstances

As evidence confirming the above circumstances, a number of documents must be attached to the documentation, namely:

  • Confirmation of incorrectly provided information, providing false information, for example, if the service provider is not licensed.
  • Missing required records in the register for this supplier.
  • Improper execution supplier of the terms of the contract.
  • No invoice to confirm actual deliveries.
  • Availability of delays on payments.
  • Threats, infringement of rights and legitimate interests of the plaintiff.

All types of damage caused must be reflected in a separate column in the document, the amount of damage caused must be indicated, and copies of documents must be attached to confirm the given circumstances. If necessary, indicate the email address, place of work of the defendant, and other circumstances relevant to the case.

All data will be entered into the protocol, and the plaintiff will subsequently be issued a writ of execution.

You will need to pay before submitting your application. state duty of 200 rubles.

Sample design

The statement of claim to the court is drawn up on a standard form and filled out by hand. You can ask for the form directly from the judicial authorities (from a consultant) where the plaintiff wants to submit his application, or you can download the form on the Internet. The sample forms for the district court and the magistrate are different.

There are cases when a claim is not accepted by the judge for consideration. For example, in the case of filing a claim on one’s own behalf, when the court decision in this case has already entered into legal force or it was drawn up with gross errors and requires corrections.

The court is obliged to consider the plaintiff’s petition, but it is extremely important to follow the procedure for pre-trial dispute resolution, so the application must be drawn up correctly and without errors.

If the statement of claim is returned, the judge must indicate the reasons for the refusal and give recommendations on what can be corrected so that the next time the submitted document is not left without progress.

The application is to be considered only 5 days, after which one or another appropriate decision will be made.

Sample statement of claim for invalidating part of the transaction - in word format.

Sample statement of claim for alimony collection – in word format.

Sample statement of claim for divorce and division of property – in word format.

List of attached documents

According to Article 152 of the Civil Code of the Russian Federation, a number of documents must be proposed, namely:

  • Copies of the application according to the number of respondents.
  • Passport.
  • A document certifying the authority of the representative, notarized when representing interests in court by proxy.
  • Receipt for payment of state duty in the amount established by law.
  • Right confirming release from payment of duty, if any.
  • Supporting documents caused moral and material damage.
  • Regulatory acts with the text of the challenge.

The document is submitted only in writing with a request to further regulate the process and in several copies: how many defendants and third parties.

Date of document creation

At the end of the application, in the right corner, you must put the date when submitting it to the court office. It is advisable to double-check the description of all the circumstances of the case, as well as the collected documents, so that there are no problems in the absence of any certificate, and the court representative does not reject the application.

If it is accepted for consideration, it will undergo registration and subsequent processing, i.e. redirection to legal proceedings. After which the court may set a date for a preliminary hearing in court.

Form and requirements for document execution in 2017

Unpleasant consequences cannot be avoided, and the statement of claim will remain without progress if the requirements for its writing required by law are not met. According to Article 131 of the Code of Civil Procedure of the Russian Federation, a petition should be submitted to the court:

  • Exclusively in writing.
  • Reflecting all the circumstances of the case that led to the violation of rights and interests and freedoms.
  • With a description of evidence to support that the rights of the defendant have been violated.
  • With comprehensive content description as grounds for initiating a case.
  • Outlining a list all the circumstances of the case.
  • With a description of the circumstances and price of the claim, subject to assessment and calculation as a disputed sum of money.
  • Reflecting information about non-compliance with duties on the part of the defendant in the event of conflicts.

It is possible that the document may reflect other additional demands on the part of the plaintiff, with copies attached to confirm the circumstances referred to by the plaintiff. When writing a text, be sure to put a signature at the end on the part of the plaintiff, his representative or the prosecutor if they apply.

Every citizen of the Russian Federation and resident can defend their rights and interests in court on the basis of a statement of claim, providing reliable facts for consideration that can influence the positive outcome of the case. It is important that all information indicated in the application is officially confirmed by documents, certificates, and extracts.

When describing the circumstances, one should rely on laws and other regulations. You can provide the court with cash receipts if there is material damage.

The statement of claim must be correctly and competently drawn up with the application of fundamental factors that can influence the decision process by the court and in the course of resolving conflicts in pre-trial proceedings.

It is recommended that you first consult with an experienced lawyer, who may seek reconciliation between the parties and not bring the matter to court. You should also not forget about the statute of limitations for the application of 3 years, since after this period the defendant may evade obligations and neglect complaints from the plaintiff.

To win the case, the judge needs to provide strong evidence and arguments, otherwise efforts, time and money may be irretrievably lost.

Which court should I go to?

  1. If the claim is filed permanently against an individual, then the application must be filed with the court at the defendant’s place of residence.
  2. If he does not live on the territory of the Russian Federation or his place of residence is completely unknown, then the application can be sent to the court at the location of the defendant’s property, or his last intended place of residence.
  3. If the claim is brought by a legal entity and the other party is aware in advance on jurisdiction in the event of failure to fulfill one’s obligations under concluded contracts, then, according to Article –32 of the Civil Code of the Russian Federation, the claim must be filed in the territorial district.

Multiple respondents: design nuances

It often happens when several persons appear on the defendant’s side at once. In this case, you need to write as many applications as there are number of respondents. Moreover, it is necessary to reflect in order the data for each defendant: full name, residential address, contact numbers, so that the judge can call them to court at any time if necessary.

For each defendant separately, the application is drawn up in 3 copies: 1 remains with the plaintiff, 2 - in court, 3 is forwarded to the defendant. It is also advisable to make all copies in advance.