What issues does the magistrate court consider?
In order for a claim to be considered in a magistrate's court, cases and disputes must be within the jurisdiction of that court.
Civil claims
The civil cases specified in Art. 23 Code of Civil Procedure of the Russian Federation:
- on the issuance of a document such as a court order (a ruling issued on claims for the collection or reclaiming of movable property worth up to half a million under transactions in simple written form or certified by a notary);
- on the dissolution of marital relations in the absence of a dispute over the upbringing of children;
- on the division of property acquired jointly by spouses during marriage, if its value does not exceed 50,000 rubles;
- property cases, with the exception of cases of inheritance disputes, with a claim value of up to 50,000;
- for disputes based on legislation on the protection of consumer rights, with a claim price of no more than 100,000 rubles.
A statement of claim is filed in the court district of the magistrate according to the general rule at the location of the person who is the defendant in this dispute.
Administrative
In the case of consideration of administrative cases, filing a claim with the magistrate is carried out by specially authorized state bodies, and the defendants are citizens. In accordance with the norms of Chapter 11.1 of the CAS of the Russian Federation, this authority has jurisdiction over the requirements for issuing a court order to collect sanctions and mandatory payments. In addition, he considers cases of administrative offenses specified in Art. 23.1 Code of Administrative Offenses of the Russian Federation. These are not only minor offenses, hooliganism, for example, but also such as illegal entrepreneurship.
Criminal
This authority also carries out a criminal investigation, jurisdiction is determined according to Art. 31 Code of Criminal Procedure of the Russian Federation. It is determined by the punishment: if it is less than three years of imprisonment, the charge is verified by the magistrate's court (with the provided restrictions and exceptions). Thus, it considers the most simple disputes as the first instance. But in this capacity, they check not statements of claim, but statements of crimes.
What to do to prevent the bank from going to court?
To do this, make contact yourself. Present to the bank all documents that confirm that your financial situation has worsened. For example, you were laid off at work or your salary was reduced. Take the 2-NDFL statement and go to the bank. Ask for a credit holiday for up to six months until you improve your financial situation and find another job.
If you think that the interest on the loan is too high, and there are other, more favorable offers from banks, apply for refinancing. But to use this service, at least six months must pass from the start of loan repayment. Did you apply for refinancing three months after the loan was issued? They will refuse you because six months have not passed. To take advantage of credit holidays or apply for a loan from another bank at a lower interest rate, you must not be in arrears.
How to compose
You must first formulate your request to the court, specify it, determine its nature - property or non-property (that is, not related to money or other property, for example, for divorce). Use the list of details and provide your own circumstances and factual data and evidence.
Requisites:
- a header indicating the addressee, the details of the plaintiff and the defendant (it is necessary to indicate the address without fail, any known from the documents);
- name of the form;
- the essence of the appeal, indicating the facts, evidence (for example, a purchase and sale agreement has been concluded, the obligations have not been fulfilled, which is confirmed by the existence of an agreement and the absence of receipts);
- legal justification is not necessary, but is desirable;
- an appeal to the court, highlighted with the word “I ask”, indicating specific demands, amounts, non-property claims;
- list of attachments (document on payment of state duty, evidence, copies for the defendant);
- Signature and date required.
Written form is required.
Another mandatory detail in property disputes: the price of the claim in the magistrate’s court, it must be indicated as a specific amount. This is the monetary value of the stated request. Also, the amount of the claim for filing in the magistrate’s court is determined by the value of the seized property, for example, by the value of the property that should go to the spouse after the division (Article 91 of the Code of Civil Procedure of the Russian Federation). The amount of state duty determined in accordance with Art. depends on the price. 333.19 Tax Code of the Russian Federation.
In non-property cases there is no price, but you still have to pay the state duty.
How much does it cost to divide property by agreement?
If the issue is resolved peacefully by mutual consent of the spouses (former spouses) and there is no dispute, a written agreement is drawn up, which must be certified by a notary (clause 2, article 38 of the Family Code). The state duty for the division of property of spouses is paid on the basis of the Tax Code (clause 5 of clause 1 of Article 333.24) in the following amount:
- 0.5% of the amount specified in the contract;
- minimum size - 300 rubles;
- the maximum amount is 20,000 rubles.
The state duty for the division of property of spouses in the amount of 20 thousand rubles (maximum tariff) corresponds to the contract price of 4 million rubles. This is a fee for performing notarial acts (tariff). In addition to this, you must pay for legal and technical services. Their cost is set at the level of the subject of the federation, but cannot exceed the maximum amounts calculated on the basis of the Methodological Recommendations of the Federal Tax Service (approved on February 28, 2016). The fee for technical work is set annually and published on the website of the regional notary chamber.
So, for example, in Moscow, the state duty for the division of property is 8,000 rubles, increases by 500 rubles for each property specified in the contract, starting from the 4th, and is limited to a maximum value of 10,500 rubles.
Thus, the state duty for dividing property in the form of an apartment, the cadastral value of which is 12 million rubles, will ultimately amount to 28,000 rubles. Money is transferred to the notary's account by bank transfer, or paid directly at the office upon receipt of a receipt. In addition, the fare amount is indicated on the certified document.
Drawing up statements of claim by a lawyer
We at the Legal Guarantee Law Office have drawn up more than 10,000 statements of claim in court, and therefore we know: a well-drafted statement of claim is 70% of your success. And, sometimes, even 90%.
The statement of claim is the court's first acquaintance with your case. Just as people meet by their clothes, so the court meets by the statement of claim.
There are many nuances of legal disputes that are known only to lawyers who are “in the business”: constantly working on the issues of their clients in this direction. Therefore, we are convinced of “Legal Guarantee”: in complex legal disputes, it is better to immediately order a statement of claim from a lawyer.
The deadline for filing a statement of claim in court is 3 days. This is an average period; of course, in each specific case, the preparation time depends on the circumstances of the legal dispute.
We will draw up a competent claim in court
An experienced lawyer will file a claim in court within 3 days.
Free assessment of the prospects for a legal dispute. Try it
All lawyers of our Bureau have higher legal education. 90% of employees are engaged not only in consultations and documents, but also actively represent the interests of legal entities and individuals in courts. The experience we can offer to solve your problem is extensive.
Baldin Dmitry Aleksandrovich, director of the Law Firm "Legal Guarantee"
Reimbursement
We include the cost of our services for drawing up a statement of claim in the price of the claim. This amount is recovered from the losing party. That is, if you win, our services are practically free for you.
We multiply the winnings from the claim
In our work we use an integrated approach and want our client to get more. We carefully study the situation, looking for ways to collect additional penalties, penalties, and fines in your favor.
You receive not only a well-written document.
Our lawyers provide legal advice: we explain to you every letter of the document drawn up and what is behind it.
We determine the jurisdiction of the dispute, we tell you where and how to file a statement of claim or claim (in the case of a claim procedure);
We collect evidence for the client - where required;
Together with you, we will draw up a strategy and tactics for behavior in court - in the event that you represent your interests in court independently.
We offer the services of a lawyer to the arbitration court (in arbitration courts, a representative with a higher legal education is required) or to a court of general jurisdiction (in the case of a criminal case, a criminal defense lawyer is required).
85% of our clients return to us when other problems arise in the legal field. This is an honest indicator of our work for you.
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Is it worth appealing the actions of the bailiff?
According to the law, the requirements contained in the executive document must be fulfilled by the bailiff within two months from the date of initiation of enforcement proceedings. This does not mean that the debt will be collected in two months. Also, this does not mean that the bailiff will issue a decision to end the enforcement proceedings.
The expiration of the deadlines for carrying out enforcement actions and applying compulsory enforcement measures does not entail consequences in the form of the end of enforcement proceedings. The enforcement document may remain with the bailiff for years. Therefore, appealing against the bailiff’s inaction due to a delay of two months may turn out to be futile. A higher official (senior bailiff of the department) or the court will refuse to satisfy such an application.
In practice, appealing the actions of a bailiff leads to excessive formalism in his work on your case. Therefore, it is better to have a trusting relationship with the bailiff.
We recommend complaining to the senior bailiff, the prosecutor's office or the court only when it comes to a significant violation of your rights (for example, if the bailiff commits illegal actions or if there is information and facts that the bailiff is in collusion with the debtor). We recommend that you notify the bailiff of your intention to file a complaint: perhaps the bailiff will correct the mistakes made or stop inaction, and you will not have to complain.
We are confident that the practical application of the recommendations listed in the article will increase not only the effectiveness and speed of collection, but also the likelihood of debt repayment in general.
The article was written specifically for the INTELLECT-S website
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