Plaintiff's application to reduce the amount of claims, 2021, 2021 - Statements of claim, complaints, petitions, claims

The right to reduce the amount of monetary compensation in a claim is regulated by Article 39 of the Civil Procedure Code of the Russian Federation (for civil cases) and Article 49 of the Arbitration Procedure Code of the Russian Federation (for arbitration cases). To implement this, an application to reduce the claims is submitted to the court. This right is exclusively possessed by the plaintiff or his authorized representative; other parties to the process cannot take advantage of this opportunity.

Also read: How to correctly draw up and submit an application for an increase in claims.

A petition to reduce claims is a document that is drawn up to reduce the volume of claims against the defendant, expressed in monetary terms. At the same time, the essence of the requirements must remain unchanged.

It is important to distinguish between a reduction in requirements and a partial waiver of them. For example, an employee filed a claim against the employer demanding reinstatement and payment of compensation. If he submits an application for a reduction in the amount of payments, this will be considered a reduction in requirements. If the employee completely refuses financial compensation, from a legal point of view this is a partial waiver of claims.

If the essence of the claims changes, for example, initially the plaintiff claimed to repair property, but later decided to replace this point of claim with compensation for material damage in the form of monetary compensation, then in this case we are talking about replacing the subject of the claim.

The plaintiff's desire to reduce the amount of compensation in itself is not a reason to grant this request. To reduce the amount of recovery, it is necessary to justify this decision. Valid reasons for filing an application to reduce the scope of claims are:

Partial fulfillment by the defendant of the plaintiff's demands.
There are errors in the initial calculations of the amount of compensation.
The need to clarify calculations of deductions. In addition to the amount of the principal debt, when filing a claim, penalties, fines, interest and other types of obligations are often charged. As a result, the amount of recovery under the claim turns out to be excessively inflated. In this case, the judge may propose to reduce the amount of these claims to the amount of the principal debt, taking into account the length of the period for which these calculations were made and the characteristics of the relationship between the plaintiff and the defendant.
Reasoned statement by the defendant about the lack of evidence of the validity of part of the claims.
The emergence of new circumstances relating to the case under consideration, which may serve as a reason for reducing the scope of certain claims of the plaintiff.
Providing evidence by the defendant of the need to reduce the amount of claims, for example, checks, receipts, payment notices or bank statements indicating that part of the obligations was previously paid.
The results of the examination indicate that the amount of compensation to be recovered from the defendant turned out to be less than what was originally stated in the claim.

Attention! When reducing the scope of a claim, it is important to consider that changes must be made in quantitative terms. If their essence is adjusted (for example, the plaintiff asked to oblige the defendant to carry out repairs, and later decided to demand money in the form of compensation), a petition should be filed to change the subject of the statement of claim.

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In ___________________________________ (name of court) district (city) court. Plaintiff: _____________________________ address: _____________________________ telephone: ___________ Defendant: __________________________ address: _____________________________ telephone: __________ Price of the claim ___________ rubles Plaintiff's application to reduce the amount of the claim When considering the claim for _____________________________________________ (subject of the claim), it turned out: _________________________________________________________. (reasons for reducing the amount of claims) In accordance with Art. 39 of the Code of Civil Procedure of the Russian Federation and Article _____________________________ (the norm of substantive law), the plaintiff reduces the size of his claims and asks the court: __________________________________________________________________________. (reduced amount of claims) Attachments: 1. A copy of the application according to the number of persons participating in the case. 2. Documents to support the plaintiff’s arguments. Plaintiff Signature “___”__________ ____

Download the document “Plaintiff’s Application to Reduce the Amount of Claims”

Nuances of practice

One of the frequently asked questions from family law is whether it is possible to make two demands at the same time during a divorce: the division of property and leaving the children with the mother?

There are criteria that can be used to determine whether claims are subject to consolidation. This is permissible, firstly, when the same persons appear in the case as plaintiff, defendant and third parties. Secondly, requests must be homogeneous.

This example is illustrative. Lawyers usually answer that these are two completely different processes; they are connected only by the fact that these are events from the life of one woman. Property requires a financial assessment, and children need to determine their living conditions, their own will to stay with one of their parents, as well as many other purely psychological parameters. The same thing happens in all other cases: the possibility of combining claims depends on whether they can be considered within the framework of one process, or whether this will lead to the emergence of two directions in the court’s work on the case.

The difficulty is that there are no specific recommendations that would clarify which requirements should be combined and which should not. The issue is decided directly by the plaintiff himself and the judge during the acceptance of the statement of claim. At the same time, seemingly clear criteria for assessing the uniformity of requirements in practice have their own application characteristics.

Thus, in 2000, the Presidium of the Supreme Arbitration Court of the Russian Federation refused to consolidate the claim from the Yekaterinburg Municipal Unitary Water Supply and Sewerage Enterprise for debt collection from LLC “Production and Commercial Center “Mercury””. The basis for dividing the cases was that the claims, although they were homogeneous, were not related to each other due to the timing of the debt, which accumulated over several years. The court proposed that debts for each year be considered separately. Accordingly, the company had to pay several state duties at once.

Claim heterogeneity

The previous section stated that only similar claims can be considered in the same proceeding. However, not so long ago, changes appeared in the legislation that significantly simplified the consideration of cases. “Until the middle of last year, in the arbitration process, the basis for returning a claim was the presence of several requests to one or more defendants, provided that they are not related to each other. However, this norm is now recognized as inappropriate. Now arbitration courts have the right to connect and separate cases according to their internal convictions, based on an assessment of the relatedness of the claims.

Until the middle of last year, in the arbitration process, the basis for returning a claim was the presence of several unrelated requests in it. Now the courts have the right to connect and separate cases based on an assessment of the relatedness of the claims.

At first glance, these changes are technical in nature. However, in practice they have significant positive consequences. Article 130 of the APC has now received a complete meaning,” says lawyer, financial law specialist at the consulting firm Alexey Zaitsev.

For example, previously, when simultaneously appealing against the inaction of employees of the Federal Tax Service and declaring the refusal to reimburse a tax illegal, arbitration courts returned statements of claim, referring to paragraph 2 of Article 129 of the Code of Civil Procedure. This situation made it difficult to protect and restore taxpayers' rights. Now the courts have the opportunity to independently decide the issue of homogeneity of claims, and the practice of considering cases shows that the majority of claims in which property and non-property requests are made to the defendant are accepted by the courts.

A small adjustment to the legislation makes the work of reviewing cases easier, as it is designed to eliminate the emergence of several proceedings at the same time, united by one reason, and to prevent the risk of making conflicting court decisions. At the same time, no one cancels the presence of unifying points: the connection between the requirements must be built on the basis of the evidence that has arisen and (or) presented. The only negative point is that if you combine dissimilar requests in one claim, you will have to pay two state fees. “In both civil and arbitration courts, if you want to make claims of a property nature and invalidate the act, you will be required to pay both fees,” says lawyer Anna Anikina .

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Procedure for changing a claim

The plaintiff can change the current claims in two ways:

in writing - send a corresponding application to the court;
orally - to announce the wish during the proceedings, the request is recorded in the protocol.

At the first stage - when requesting an amendment to the claim - the applicant will need to set out which specific points need to be adjusted. It is necessary to clearly indicate the details of the amendment, how the subject, basis or amount of compensation is changed.

If new details are discovered during legal proceedings, official confirmations are sent in addition to the statement of claim. It will be necessary to collect documentary evidence, for example, extracts from government agencies or examinations in special institutions.

At the second stage, a judge of a district court or other apparatus considers new information and analyzes existing and received information. When contacting the plaintiff, he can clarify the appropriate adjustments and explain his own position on this point.

The final stage is decision making. The adjustments made by the applicant are either accepted or rejected by the court. If the application is rejected, then the consideration of the existing case on its merits continues. Upon recognition, legal proceedings are resumed and new factors are taken into account.

When can you ask for a reduction in salary deductions?

The payment and amount of penalties are regulated by the federal law on enforcement proceedings. If, after debiting, the balance of money in the account is below the subsistence level, write a statement to representatives of the FSSP, who are obliged to restore the violated right.

Other grounds include:

The birth of a child who must be supported.
The appearance of another disabled family member.
Job loss or salary reduction.
Serious illness of the debtor or close relatives, requiring expensive treatment.

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Grounds for reducing alimony in court

A reduction in alimony is possible in cases where:

the financial situation of the parties has changed
the marital status of the parties has changed

The deterioration of the financial situation of the alimony payer means a decrease in his income and (or) an increase in mandatory expenses. The amount of alimony can also be reduced if the financial situation of the alimony recipient has significantly improved.

Under a change in marital status, the legislation considers cases when the composition of the payer’s family has increased or changed, which entailed additional costs for their maintenance.

Legislative basis

This issue is regulated by the following regulations:

Civil Procedure Code (Articles 39, 131). Regulates the right to change the requirements of the claim during the consideration of the case;
Arbitration Procedure Code (Article 49). Regulates the clarification of requirements within the arbitration process;
Tax Code (Article 333.20, paragraph 10). Regulates the payment of state fees for filing an application.

Who has the right to apply

The document can only be filed by the plaintiff. After all, it is he who, by going to court, is trying to achieve protection of his own rights.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Other participants in the proceedings do not have the right to demand a reduction in the amount of the claim. The defendant has the right to present his own opinion, using the response to the statement of claim, or initiate a counterclaim.

How are payments determined?

Funds for child support are collected by court decision or paid by voluntary agreement between the parents.

The amount of monthly payments is fixed in the Family Code of the Russian Federation (Article 81):

For one child - at least 25% (one fourth) of total income.
For two children – at least 33% (third part).
For three or more children – 50% (half) of all income.

This method of collection is suitable only in cases where the payer has official income. If an unscrupulous parent understates his official income, the court assigns a fixed amount for child support.