Application for return of claim, download sample

We offer an application for the return of the statement of claim for cases where documents were filed in court erroneously or prematurely. The plaintiff has the right to file an application for the return of the statement of claim before the court accepts the claim for proceedings and initiates a civil case. The return of the statement of claim does not have any adverse consequences for the plaintiff. In this case, it will be possible to file the claim again (repeatedly) without any complications.

A statement of claim can be returned from court without consideration only until it is accepted by the court and a civil case is initiated. As a rule, the deadline for accepting a claim is 5 days from the moment the documents are received by the court (Article 133 of the Code of Civil Procedure of the Russian Federation). This period will be the same for both district (city) courts and magistrates.

If the application for the return of the statement of claim is received by the judge after the claim has been accepted for trial by the court, the request will be denied. In this case, a simple refund is not possible. The only possible option is to abandon the claim and terminate the proceedings, which entails negative consequences for the plaintiff. In this case, you can talk with the judge about the possibility of leaving the claim without consideration due to the plaintiff’s failure to appear.

More details
Statement of Waiver of Claims

How to draw up an application to return a statement of claim to court

An application for the return of a statement of claim must be made in writing. There is no established form for this type of appeal to the court. Meanwhile, you should adhere to some rules. The application for the return of the statement of claim must contain:

name of the court where the request to return the claim is made
Full name and address of the person. who files an application for return of the claim
name - Application for return of the statement of claim
contents of the claim and date of filing the application with the court
request for the return of the statement of claim indicating the reasons (motives are not required to be indicated)
date and signature of the applicant

There is no need to indicate other information in the application for the return of the statement of claim; the information listed is quite sufficient to consider the petition and make a decision on it.

Difference between returns and refusals

It is necessary to distinguish between the return of an application and the refusal to accept it. The grounds for refusal are established by Article 134 of the Code of Civil Procedure of the Russian Federation. These include cases when:

another judicial procedure (for example, arbitration) must be used to resolve the dispute;
a government body, organization or citizen has applied to the court to protect another person, without having the legal right to do so;
a citizen challenges a normative act that does not concern his rights and interests;
the court has already issued a judicial act in a case with the same plaintiff and defendant, the subject of the dispute and the basis;
the arbitration tribunal made a decision on an identical application.

The issuance of a judicial act of refusal means that the citizen loses the right to file a new claim with the same parties to the case and on the same grounds.

Submission and consideration of an application

An application for the return of the claim is submitted to the same court where the original documents were filed. Both the applicant himself and his representative, who has the appropriate powers certified by a power of attorney, have the opportunity to submit such an application (Article 53 of the Code of Civil Procedure of the Russian Federation).

The judge considers the issue of returning the statement of claim on his own without a court hearing or summoning the parties. Based on the results of consideration of the application, a determination is made. A private complaint may be filed against this determination.

You can find out whether the judge has issued a ruling to accept the claim for proceedings on the court’s website in the judicial records section. An application for return can also be used when the court left the claim without progress to eliminate deficiencies.

Consequences of return

The main legal consequence of returning an application is the court’s justified refusal to consider the dispute on certain grounds until the circumstances that prevent this are eliminated. If a citizen ignores the comments indicated by the judge in the ruling, then upon re-applying, the claim and all submitted documents will be returned again.

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After correcting the deficiencies, the applicant has the right to go to court with the same requirement and subject of the dispute and on the same grounds.

Note! Resolution of the Plenum of the Armed Forces of the Russian Federation dated September 29, 2015 N 43 provides clarifications regarding the limitation period when filing an application in court.

If a citizen brings a claim in compliance with procedural requirements, then the period is suspended. In case of violations that led to its return, the period is not suspended and continues to run in the general manner. From the moment a new claim is filed, the statute of limitations expires.

Basic rules for filing a claim in a civil case

When filing a claim with a district or magistrate court, you must remember the following rules enshrined in Chapter 12 of the Code of Civil Procedure of the Russian Federation:

A statement of claim may be submitted to the court only in writing;
At the same time, the method of writing the statement is not important - that is, the statement of claim can be written by hand, printed using a typewriter, computer or copying equipment;
The statement of claim must be signed by the plaintiff;
Copies of it are attached to the application - according to the number of defendants and third parties + one copy for the court;
Today, a statement of claim in a civil case can be filed in three ways: 1) by mail; 2) at a personal reception with a judge; 3) to the court office.

Grounds for refusal to accept a claim

Incorrectly defined jurisdiction. The application of this basis is associated with the delimitation of competence between the Constitutional Court of the Russian Federation, courts of general jurisdiction, administrative and arbitration courts. For example, a civil court will not consider a claim that should be considered by an arbitration court. In this case, the applicant must correctly determine the jurisdiction and jurisdiction and prepare a new statement of claim.

The presence of a court decision that has entered into force on an identical claim . In this case, an identical claim should be understood as a statement of claim in which the parties to the case, requirements and grounds for filing coincide.

Lack of rights of the person who filed the claim in court. P about the reason for the lack of a power of attorney to represent interests in court; in cases where circumstances that are not related to the rights and interests of the applicant are disputed, except for cases where the current legislation of the Russian Federation clearly establishes the circle of persons who have the right to go to court to protect the rights and legitimate interests of other persons, namely: the prosecutor in the case when a citizen, due to his health, age, or incapacity, cannot go to court to protect his violated rights and legitimate interests; guardianship and trusteeship authority of a municipality in cases where it is necessary to protect the rights and legitimate interests of children left without parental care or other legal representatives; authorized executive body for control in the field of consumer rights protection.

Availability of a decision to terminate proceedings in a civil case on the basis of the applicant’s refusal of the claim or a settlement agreement;
Availability of an arbitration court decision on an identical case.

If a claim is refused, the judge, within five calendar days, issues a ruling indicating the reason for such a decision. This document is delivered to the applicant in person or sent by mail along with the statement of claim filed with the court.

Having received a reasoned refusal to accept the application, the plaintiff can appeal it within ten days by filing a private complaint with the appellate authority.

USEFUL : watch the video with the basic rules about filing a claim in order to win it in the future, write your question in the comments of the video

Basic Concepts

The statement of claim is the document that forms the basis of the legal process. The plaintiff draws it up independently or with the help of a professional to restore his rights.

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

Return of a statement of claim is a procedural court decision in which a previously filed claim is returned to the plaintiff on the basis of his application.

It is important to understand that a claim can only be returned until it is accepted for consideration. That is, when it is submitted and received by the office, but the process has not yet begun. The paid state duty is also subject to refund by court decision.

Watch the video. Refusal, return, abandonment of the claim:

Grounds for return of the claim by the court

The point is that such a procedural action is performed before the initiation of a civil case, that is, when the claim is received by the office, but the process does not begin.

The grounds for this are specified in Art. 135 Code of Civil Procedure of the Russian Federation:

the plaintiff appealed to the wrong judicial authority;
it was necessary to apply for a writ of certiorari instead of a suit;
the plaintiff did not contact the defendant pre-trial to resolve the dispute, although this is mandatory, or did not prove the filing of the claim with documents;
the plaintiff is incompetent, that is, he does not understand the meaning of his actions, and this is confirmed by evidence;
the demand is not signed or signed by a representative who does not have the authority to do so;
a similar claim has already been filed on the same grounds or the claim was withdrawn before its acceptance.

You can file the same claim again, but after removing all obstacles to this. The state duty is refunded as determined by the court.

This is important to know: Statement of claim to establish the fact of labor relations

Return of a claim on the initiative of the court

As mentioned above, the court will determine within up to 5 days whether the claim can be accepted for consideration.

If during this period the court establishes significant deficiencies in the claim, it will issue a ruling to leave the claim without proceeding. In this case, the plaintiff will be asked to perform one or more of the following actions within 15 days, in accordance with the requirements of Art. 135 of the Code of Civil Procedure of the Russian Federation, namely:

correct or supplement the text of the claim and clarify the claims;
attach the necessary documents;
clarify the circumstances of the disputed legal relationship.

If the violations and shortcomings of the claim make it unsuitable, the court will withdraw the claim from consideration or refuse to accept it. The claim itself and the attached documents will be returned to the plaintiff. The following circumstances necessarily lead to the return of a claim:

missing the limitation period and the absence of a request for its extension in the claim;
pre-trial procedure was not observed if its mandatory nature is established by law;
the claim was brought by an incompetent plaintiff;
the claim was brought by an improper plaintiff;
the presence of the same dispute in any court proceedings;
the claim was filed without compliance with the rules of jurisdiction and jurisdiction;
there is a court decision on the same dispute that has already entered into force.

Total

it is necessary to withdraw the petition to resume bankruptcy proceedings,

Hello, please help. The court made a decision in absentia on the bank's claim to terminate the loan agreement and collect the amount of the debt, and imposed a ban on registration actions on the collateral. I was not notified of the date and place of the court hearing. The deadline for cancellation has not been missed. And the plaintiff did not provide evidence of a pre-trial settlement, and the court accepted the application for proceedings. What actions do I need to take? Thank you in advance.

Hello, Oksana! Submit an application to cancel the default judgment. If the procedure for claim settlement of a dispute is provided for by the contract, but is not followed, the court must leave the plaintiff’s application without consideration (Article 222 of the Code of Civil Procedure of the Russian Federation).

Hello. Please help me write a waiver of the claim, since the defendant agrees to fulfill all the plaintiff’s conditions. Thank you.

sample: how to declare a waiver of a claim,

Hello. Please help me, I sent the statement of claim not to the defendant’s arbitration court, but to my plaintiff’s arbitration court. The court asks me to justify the jurisdiction of the dispute by the Arbitration Court of the Sverdlovsk Region, since the location of the defendant is Chelyabinsk. Help, what to do?

Hello Irina! Depending on what the claims are made, they determine the jurisdiction (ordinary, exclusive, alternative). What is the lawsuit about?

How to withdraw a statement of claim from the arbitration court?