Every year, new online services appear through which you can submit documents to state and municipal departments. You can also receive electronic services there. Such services are also available for participants in court cases. You can submit a statement of claim, documents in a civil or arbitration case via the Internet.
To work with online services, you can use an electronic digital signature - EDS. Or an account on the State Services portal. In this article we will tell you how to submit an application to the court online, what requirements are provided for the format of documents submitted through websites, which may become a reason for refusing to initiate a case.
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- Outdated form;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.
Contents of the claim
Before you decide to file a petition with the court, you need to think through everything carefully and structure it. The demands you put forward to the defendant must be stated simply, understandably and without emotional overtones. The more arguments you provide to prove that you are right, the greater the likelihood of a favorable outcome of the case and a court decision in your favor.
When indicating the circumstances of your interaction with the defendant, try to adhere to the chronological sequence. It is also important for the court to voice the reasons that prompted you to start a relationship with the other party. This can be anything: getting married, starting a business together, borrowing money, etc.
Next, you must indicate exactly what actions of the defendant you perceived as a reason to file a petition in court and the circumstances in which they were committed. If you have any material evidence that you are right: receipts, certificates, other documents, be sure to present them.
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.
Additional information about the claim
There is no requirement that the petition submitted to the court contain references to any articles of the law. But still, the presence of references to regulations that were violated will look much more significant.
Don't forget to pay the state fee. Without compliance with this condition, the application will be rejected. It is better to check the amount of the state fee, as well as the list of required documents, in the office of the authority to which the claim is sent. The appeal itself can be sent either by registered mail or delivered in person.
Sources:
Code of Civil Procedure of the Russian Federation Article 29. Jurisdiction at the choice of the plaintiff
Code of Civil Procedure of the Russian Federation Article 32. Contractual jurisdiction
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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Time limits for consideration and appeal of labor disputes
In the case of an individual labor dispute, the employee must go to court within three months from the moment he became aware of the violation of his rights. For disputes related to dismissal, the deadline is counted from the day following the day the employee receives the dismissal order. If the deadline for filing a lawsuit in labor disputes has been missed and there are good reasons for this, the court may restore the deadline for filing a claim. However, the existence of reasons will need to be documented.
As for the period for consideration of labor disputes in court, it will depend on the essence of the requirements contained in the statement of claim. A claim for reinstatement to the same workplace and in the same organization is considered within two months, other disputes - up to three months. These deadlines also include the time spent on preliminary activities necessary for the trial.
According to Part 3 of Art. 152 of the Code of Civil Procedure, the period for consideration of labor disputes in court may be extended if certain difficulties are discovered. The period may increase due to a preliminary examination of the case. The decision is made by the judge, the opinions of the parties to the trial are necessarily taken into account.
If one of the parties does not agree with the court's decision, it has the right to file an appeal in the manner prescribed by law. The deadline for appealing a court decision on a labor dispute is established by Part 2 of Art. 321 of the Code of Civil Procedure of the Russian Federation and is 30 days from the date of the court’s decision in final form. In this case, there may be delays in the time limit for processing the decision, and therefore it is advisable to immediately prepare and submit a short appeal. It is better to consult with a lawyer regarding the form of its submission, content and further actions.
