Statement of claim: how to draw it up yourself in 2021?
Did you know that in 70% of cases, a well-drafted claim will help you avoid going to court? If litigation is inevitable, it is very important to file a claim in court: legally competent, in compliance with the standards for the application, listing all the evidence and justifying your claims (as the plaintiff) to the defendant. A statement of claim without errors is the basis and the first step towards resolving a legal dispute in your favor!
Often, when drawing up statements of claim or complaints (cassation, appeal), people encounter a problem: the document is not accepted. Why does the court refuse to accept a claim or complaint? Let's list the main reasons.
Reasons for the court to return statements of claim to the plaintiff:
- Incorrect completion of the claim form;
- Lack of references to legislation;
- Outdated form;
- Lack of preliminary actions;
- No evidence provided;
- Others were not stated (the plaintiff’s demands were incorrectly stated).
The claim was not accepted?
Lawyers at Legal Guaranty Law Firm will draw up a legally competent statement of claim. Analysis of the prospects of a legal dispute - as a gift!
If a legal dispute is not promising, the chances of winning are minimal, we will be honest about this, and you will be able to avoid unnecessary expenses.
Find out the cost
Why are claims returned by the court and what to do about it?
First of all, we say NO to templates of claims.
Samples of statements of claim are available on many legal resources. Including ours. There are also templates. They are dedicated to some standard situation, but every case is unique!
If you decide to use a template statement: look for the closest option to your situation. Study the legal framework for drawing up and the procedure for filing an application to the court.
Remember: if you draft a statement of claim incorrectly, you may lose your legal dispute. It will not be possible to file a claim again with the same requirements. Even if you are sure that you are right and know for sure that the law is on your side.
Secondly, we comply with all the rules that apply to claims in 2021.
The Code of Civil Procedure of the Russian Federation strictly regulates the rules for drawing up a statement of claim in court. Let's figure out what mandatory stages of the process of filing a claim in court exist and what standards must be followed in order for the statement of claim to be accepted by the court.
We determine the jurisdiction of the dispute. We indicate in which court the claim is being filed.
The header of the statement of claim must indicate the name of the court in which the claim will be filed.
First, you need to determine the specific link in the system of courts of general jurisdiction to which the claim will be filed.
Thus, “simple” and “inexpensive” claims are considered by magistrates (for example, claims for divorce if there is no dispute about children, claims for the division of jointly acquired property between spouses and property disputes if the amount of claims is up to 50,000 rubles).
A complete list of categories of cases considered by magistrates is indicated in Art. 23 Code of Civil Procedure of the Russian Federation.
More complex claims, as well as claims with a larger amount of claims, are heard by district courts .
As a general rule, a statement of claim is filed in court at the place of residence of the person to whom the claims are addressed.
Exceptions to this rule are listed in Chapter 3 of the Code of Civil Procedure of the Russian Federation (for example, claims for rights to real estate are filed at the place of its location).
Information about the plaintiff and the defendant in the claim
The statement of claim contains information about the plaintiff and the defendant, namely:
- Full name of individuals or names of legal entities,
- information about representatives (if necessary),
- information about the place of residence of an individual (zip code, subject of the Federation, city or other locality, street, house, apartment) or location of the organization.
If information about the defendant is not reliably known, the last known place of residence of the individual (location of the organization) should be indicated.
Additional information in the statement of claim
From October 1, 2021, the claim contains additional information:
In relation to the defendant – an individual:
- Date and place of birth,
- place of work,
- You must indicate at least one of the following identifiers: SNILS, INN, OGRNIP, series and number of an identity document, driver’s license, vehicle registration certificate;
In the case of a defendant legal entity, you must indicate the INN and OGRN, if they are known.
The specified information can be taken from the contract (if the claims are due to failure to fulfill contractual obligations).
Information about the identifiers of legal entities and individual entrepreneurs is posted on the website of the tax authority in the public domain.
The most significant part of the statement of claim to the court
Of particular importance in the statement of claim is the description: what exactly is the violation or threat of violation of the plaintiff’s rights and what are his requirements in relation to the defendant.
In legal language, this stage is called determining the subject of the claim. To put it simply, it is important to clearly formulate what exactly the plaintiff wants to get from the defendant.
Argumentation of the plaintiff’s claims and the cost of the claim
The argumentation of the plaintiff's claims forms the basis of the claim. It is necessary to describe the circumstances on which the plaintiff’s claims are based and describe the evidence supporting them.
The price of the claim is determined if the claimed claims can be assessed in a monetary amount, and a calculation of this amount is also drawn up.
The cost of the claim is the monetary expression of the plaintiff’s claims against the defendant. Depending on the type of dispute, this could be, for example, the amount of debt or the value of property. Based on the price of the claim to be assessed, the amount of the state duty is determined (Article 333.19 of the Tax Code of the Russian Federation). You can also use the “State Duty Calculator” service, available on court websites.
Information is provided on compliance with the mandatory pre-trial procedure for filing claims against the defendant.
Mandatory pre-trial procedures may be provided for by law for certain types of claims. If pre-trial procedure is mandatory, the complaint should describe how and when the claim was made to the potential defendant before filing the lawsuit.
Reconciliation between the plaintiff and the defendant
If the plaintiff took any actions to reconcile with the defendant (for example, correspondence was conducted), then this fact should also be reflected in the statement of claim.
Appendix to the statement of claim
A list of attachments to the statement of claim is provided. The list of attached documents will, of course, be determined individually each time, based on the specifics of the plaintiff’s requirements.
The Code of Civil Procedure of the Russian Federation establishes that the following documents must be attached to the claim without fail:
- proof of payment of the state fee (usually a receipt);
- a power of attorney or other document on the authority of the representative, if the claim is signed and/or is not filed by the plaintiff in person;
- documents and other evidence confirming the circumstances referred to by the plaintiff in accordance with paragraph 4 of the algorithm presented above;
- documents on compliance with the mandatory pre-trial procedure for submitting your claims to the defendant, if provided for by law;
- calculation of the amount required from the defendant in an amount that allows the court to transfer this document to each person participating in the case;
- a postal receipt or other similar document confirming the sending of copies of the claim to all parties to the dispute.
Claim amount: what does it include?
The cost of the claim includes the material damage suffered by the plaintiff, as well as the amount of money at which he estimates the moral damage caused to him.
Material damage:
- amount of unpaid remuneration;
- the cost of the purchased defective product;
- the price of the lost object;
- treatment costs;
- the value of intellectual property lost as a result of piracy;
- expenses for repairing damaged items, etc.
Moral injury:
1. Moral suffering resulting from:
- disclosure of medical confidentiality;
- dismissal;
- with the death of a relative;
- inability to lead an active social life;
- dissemination of false information that harms the honor or discredits the reputation of a citizen, etc.
2.Physical suffering associated with:
- damage to health;
- injury;
- restriction of freedom;
- transferred disease.
The plaintiff independently establishes the amount of the claim, confirming the claim with relevant documents. When making a decision, the judge has the right to reduce it if he considers that it is too high.
Form of statement of claim to the court
The statement of claim can be filed in paper or electronic form (if the court has the appropriate technical capability).
If the first filing option is chosen, then a printed and signed claim with attachments must be submitted to the court using the postal service or directly to the court office. The address and operating hours of courts are usually posted on their official websites.
If the statement of claim is submitted directly to the court office, we recommend that you have an additional copy of the statement of claim with you, on which the court office employees will mark acceptance.
How to file a lawsuit to attract multiple defendants?
The courts often hear cases where a claim is brought against several persons at once. Regardless of their number, one statement of claim is drawn up, but when filling out information about the defendant, the full names, addresses and telephone numbers of everyone against whom the plaintiff has claims are indicated. At the same time, defendants should not be confused with third parties who are not participants in the legal dispute and are considered a minor party.
Where can I find the court claim form?
As a rule, a documentary sample of a statement of claim is available in the district or city judicial authority where it is filed. It is best if it is written with the help of a professional lawyer who is familiar with the intricacies of filing a claim, taking into account the prevailing circumstances.
Who is exempt from paying state duty?
Citizens are exempt from paying fees to the state if they file the following claims:
- on the collection of wages;
- for compensation for damage arising from injury or other damage to health, as well as the death of the breadwinner;
- on violation of the right to a literary work, invention, innovation proposal, discovery and industrial designs;
- on the collection of alimony;
- for compensation for damage arising from a crime committed by the defendant, etc.
In addition, the state duty may not be paid:
- Heroes of the Soviet Union;
- Heroes of Russia;
- holders of all orders of Glory;
- WWII veterans;
- citizens affected by the Chernobyl accident and the release at Mayak;
- veterans of military service, police, prosecutor's office and justice;
- forced migrants;
- repressed and rehabilitated persons;
- refugees;
- labor veterans;
- participants in hostilities on the territories of other countries.
Also, the court has the right to fully or partially exempt any citizen from paying state duty, based on his property status. To do this, you need to indicate the corresponding request in the application and attach to it a certificate of monthly income for the year.
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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I need a statement of claim
We will draw up a statement of claim to the court in Moscow
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Assistance in drawing up statements of claim in Omsk
Office of the Law Firm "Legal Guaranty" in Omsk
Omsk, st. Maslennikova, 72, 2G
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How to file a claim in the right court
The judicial system involves the division of courts according to various characteristics. The qualifications are based on the principles of jurisdiction and jurisdiction. Each court is vested with certain powers to consider its own category of cases. Therefore, you should carefully study the procedural legislation in order to understand which court to submit the statement of claim to, otherwise the consideration of the case will be refused.
Filing a claim in the right court will save a lot of time and make the review process more efficient. Moreover, by demonstrating his competence in this way, the plaintiff strengthens his position.
