When can you go to court on your own?
Lawyers advise contacting specialists if there is a large amount at stake or the dispute is vital.
But there are situations when you can do it on your own. If the amount of the dispute is not significant for you, or if you understand that it is standard and there is an unambiguous practice regarding it, then you can save money and independently protect your interests in court, including drawing up and filing a claim.
Lada Gorelik
lawyer, managing partner of the Moscow Bar Association "Gorelik and Partners"
Petition to consider the case in the absence of the defendant
The defendant has the right to file a motion to consider a civil case in his absence, indicating or without indicating the reasons for his failure to appear. In the absence of a statement from the defendant, the case will be considered in absentia proceedings (Article 233 of the Code of Civil Procedure of the Russian Federation).
We recommend that defendants in any case write to the court objections or responses to the claims. This will allow you to convey in writing your position on the case under consideration, which must be taken into account by the court when making a court decision.
| Note! |
| Objections to the claim |
It makes sense not to file a petition to consider the case in the absence of the defendant if there is no desire to appear in court, he needs to drag out the case and there is a possibility of subsequent cancellation of the default judgment.
In other cases, it would be correct for the defendant to draw up and submit to the court his application for consideration of the case without his presence. Download a sample petition for consideration in the absence of the defendant on the website.
What to do before going to court
Try to come to an agreement
In some cases, this is a rational step that will allow you not to spoil the relationship and come to a decision that is beneficial for everyone, since there is no guarantee that you will win in court.
In other cases, attempts at pre-trial settlement are required by law. These include, in particular:
- Amendment or termination of an agreement of the Civil Code of the Russian Federation Article 452. Procedure for amendment and termination of an agreement of the Civil Code of the Russian Federation Article 452. Procedure for amendment and termination of an agreement.
- Change or termination of an agreement on the payment of alimony of the RF IC Article 101. The procedure for concluding, executing, changing, terminating and invalidating an agreement on the payment of alimony.
- Termination of a lease agreement of the Civil Code of the Russian Federation Article 619. Early termination of the agreement at the request of the lessor.
- Disputes with a tour operator Article 10. Features of the sale of a tourism product.
If trying to reach a settlement is required in your case, you must provide evidence that you have tried to do so. Otherwise the claim will not be accepted. Therefore, if you cannot figure out exactly what to do, it is better to contact the defendant with a proposal to enter into a pre-trial agreement.
You can send a claim by registered mail with a list of attachments and a receipt. Or get a document acceptance stamp on your copy, if we are talking about an organization. This will give you the evidence you need to file a claim.
Find out if the statute of limitations has passed
It is imperative to file a claim with the court within the limitation period, because the opposite party’s statement about its expiration will be grounds for dismissal of the claim.
There is a general limitation period - three Civil Codes of the Russian Federation Article 196. The general limitation period is one year. But there are also abbreviated ones. Let’s say that if the pre-emptive right of purchase of the owners of shared ownership is violated, then this can only be reported within three months of the Civil Code of the Russian Federation. Article 250. Pre-emptive right of purchase.
You also need to correctly determine from what day to start counting the statute of limitations for the claim. As a general rule, it begins the moment you learn about a violation of your right and who violated it.
Lada Gorelik
Determine the defendant
It is useless to just go to court: you must definitely complain about someone. So it is necessary to determine who is responsible for the situation in which your rights were violated. You can file a claim against an individual or legal entity, or against a government agency. There may be several defendants.
A claim without a defendant will be left without progress. Therefore, if you do not know some data, you will have to conduct a little investigation. You will need a name or title and address. For example, information about legal entities or entrepreneurs can be obtained from the register on the Federal Tax Service website. And the owner of the apartment whose tenants have flooded you can be easily identified using an extract from the Unified State Register of Real Estate.
Evaluate the claim
We are talking about the amount you plan to recover - the value of the property, alimony payments for the year, and so on. The assessment of the cost of a claim should be approached rationally. For example, if your neighbor flooded you, you cannot enter random numbers. It is necessary to invite a specialist who will assess the damage and attach the results of the examination to the claim.
In the event of a clear discrepancy between the price of the claim and the actual value of the claimed property, it will be determined by the judge when accepting the statement of claim.
Alexey Yuferov
Deputy General Director of Legal
Which court should I go to?
Geographically, it is necessary to choose a court at the location of the defendant of the Code of Civil Procedure of the Russian Federation Article 28. Filing a claim at the place of residence or location of the defendant. But there are exceptions to the Code of Civil Procedure of the Russian Federation Article 29. Jurisdiction at the choice of the plaintiff. For example, if the defendant does not live in Russia, you can go to court at the place of his last residence. If we are talking about collecting alimony, compensation for damage after injury, reinstatement at work, the court at the plaintiff’s place of residence is appropriate. In cases where there are several defendants, file a claim at the address of any of them.
With the appearance of the court, everything is somewhat more complicated. Civil claims not related to business are usually heard in the magistrates or district court.
The magistrate's court considers the Federal Law of December 17, 1998 No. 188-FZ (as amended on April 18, 2018) “On Justices of the Peace in the Russian Federation” cases:
- On the issuance of a court order of the Code of Civil Procedure of the Russian Federation Article 121. Court order to collect money or claim property.
- About property disputes with a claim price of less than 50,000 rubles.
- On determining the procedure for using property.
- On the division of jointly acquired property of spouses, if its value is less than 50,000 rubles.
- On divorce if the spouses have agreed on the place of residence of the children.
Justices of the peace never consider cases of inheritance of property or cases related to intellectual property. Complex family cases on challenging and establishing paternity, deprivation or limitation of parental rights and adoption are also not within their competence.
Natalia Kochetkova
Leading Legal Adviser of the Legal
Claims in such cases and all other claims in the general jurisdiction system are heard by district courts. Arbitration courts have jurisdiction over disputes relating to economic activities. But here it is better to enlist the help of a lawyer.
What to write in a statement of claim
According to the law of the Code of Civil Procedure of the Russian Federation, Article 131. Form and content of the statement of claim, the following information must be indicated in the claim:
- The name of the court to which the claim is filed.
- Information about the plaintiff - full name or name, if we are talking about an organization, registration address.
- Information about the defendant.
- How the rights of the plaintiff were violated, what he demands from the defendant.
Briefly describe what exactly happened, provide links to laws. The narrative should be as simple as possible so that the court clearly understands what you want. A vague claim will most likely be left without movement.
The statement should not contain confusion or obvious contradictions. State the circumstances and facts clearly and consistently, without emotion, and add links to the rules of law relevant to the dispute.
If in the text of the claim you refer to incorrect articles of the law, the court does not have the right to refuse you only on this basis, since you are not required to have special legal knowledge.
Lada Gorelik
Be sure to write what you want to receive from the defendant. It is important that the requirement be realistic. Otherwise, the case will end in nothing, even if you win the trial.
- The price of the claim, if the claim is subject to assessment.
- List of documents attached to the claim.
It is necessary to provide the Code of Civil Procedure of the Russian Federation Article 132. Documents attached to the statement of claim, copies of the statement of claim in accordance with the number of defendants, papers confirming the circumstances of the case and your case, calculation of the amount of money collected or disputed, receipt of payment of the state duty.
The main part of the documents is attached in the form of certified copies, but the receipt for payment of the state duty will be required in the original.
The application must contain the signature of the plaintiff or his representative. In the second case, the claim must be accompanied by a copy of the document on the basis of which the representative acts - for example, a power of attorney.
If, by law, you were required to take measures to contact the defendant pre-trial, information about this is also included in the statement of claim.
Petitions with a representative
The presence of a representative of a person participating in the case does not relieve him of the obligation to notify the court of the reasons for failure to appear, even if the representative himself participates in the court hearing. As a rule, the courts require that the application for consideration of the case in absence be written by the party in his own hand.
If a party fails to appear and a representative appears, there may be the same adverse consequences in the form of abandonment without consideration or proceedings in absentia.
A representative of a legal entity, organization or government body may file a petition to consider the case in the absence of the representative. As a rule, the court does not raise questions regarding such statements.
How to file a claim in court
You can submit an application in paper form: personally bring it to the office of the court you need or send it there by letter with a list of the contents and a receipt.
The second option is to electronically submit a claim through the State Automated System “Justice”. To log in, use your username and password from Gosuslug.
Most district courts accept electronic applications, but magistrate judges do not always have this opportunity. Therefore, it is better to clarify in advance in what form you will be able to file a claim in your specific court.
Lada Gorelik
Bottom line
The key to successfully filing an application is to comply with legal requirements. Briefly about the main points to remember:
- The most common courts are the magistrates’ court and the district court; they are provided for in Articles 23 and 24 of the Code of Civil Procedure.
- When writing a claim, a citizen must be guided by Article 131 of the Code of Civil Procedure.
- Before filing a claim, you must pay a fee.
- The plaintiff, at his choice, sends an application by e-mail, submits it in the usual way through the office, or sends the document by mail.
Following the above information, the plaintiff can independently prepare a claim document and correctly determine the court to consider the case.
What will the state duty be?
Some claims are exempt from state fees. Among them, for example:
- Salary collection.
- Compensation for damage caused by a crime.
- Protection of the rights and legitimate interests of the child.
- Consumer rights Protection.
The full list can be found in the Tax Code of the Tax Code of the Russian Federation, Article 333.36. Benefits when appealing to the Supreme Court of the Russian Federation, courts of general jurisdiction, and magistrates.
For claims of a non-property nature, the amount of the state duty is fixed and depends on the Tax Code of the Russian Federation Article 333.19. The amount of state duty for cases considered by the Supreme Court of the Russian Federation, courts of general jurisdiction, justices of the peace, depending on the subject of the dispute. For example, for a claim for divorce you will have to pay 600 rubles.
For a property claim subject to assessment, the amount of the state duty varies depending on the value of the claim:
- Up to 20,000 rubles - 4% of the claim price, but not less than 400 rubles.
- From 20,001 rubles to 100,000 rubles - 800 rubles plus 3% of the amount exceeding 20,000 rubles.
- From 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2% of the amount exceeding 100,000 rubles.
- From 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1% of the amount exceeding 200,000 rubles.
- Over 1 million rubles - 13,200 rubles plus 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.
Details for paying the state fee can be found on the website of the court of your choice. There is usually a calculator with which you can calculate the exact amount of the required contribution.
