Claims are not just letters, but legal documents that require proper execution. Any deviations from the rules are highly undesirable. This article will discuss how this type of document is prepared, compiled and sent .
The main stages of preparation
In order to correctly file the lawsuit, professional professionals involved in legal practice, the preparation procedure is divided into several stages.
- First one. It is important to precisely determine the coordinates of the defendant. The actual location of the recipient may sometimes not match the information provided.
- The second one. It is necessary to develop a single line of behavior that will be the key to success. A professional lawyer will help you to calculate all the most winning questions and answers for the process.
- The third. The statements of claim must be correctly composed. If you yourself do not know the legal language, then seek help from a specialist.
How to make a statement of claim
The application is submitted to the court in writing. It consists of three parts.
Introductory:
- It is necessary to indicate the name of the judicial authorities to which the plaintiff applies.
- Surname, first name, middle name and address.
- Name (full name or organization name) of the defendant and address.
Actual:
- Be sure to detail all the events related to the problem.
- Repetition, unfounded allegations and insults to the defendant are not allowed.
- The writing style should be official and competent with confirmation of your words with evidence and references to the legislation.
- It is necessary to indicate a pre-trial settlement of the dispute (filing a claim with an indication of the date). Be sure to register a claim letter with the defendant.
- The document should contain the existing articles of regulatory legal acts confirming the rights of a citizen, violations and liability of the defendant.
Final:
- Appeals and claims of the plaintiff to the court (example: I ask you to forcibly recover money from the defendant, terminate the contract, return the thing). These actions must be supported by law.
Claims must be filed with copies of documents (Article 132 of the Civil Code of the Russian Federation):
- Copies of the application with the number of defendants and third parties.
- Power of attorney for the authority of the representative of the plaintiff.
- Documents with confirmed circumstances in which the plaintiff claims (claim of an expert, contract of sale, certificate of acceptance of goods, letter of guarantee, copies of these documents for the defendant and third parties).
- Claim, the answer to it (if any).
- Calculation of the amount of money for recovery, which is signed by the plaintiff and his representative with copies of the number of defendants and third parties in the process.
- The plaintiff has the right to provide any other evidence relevant to the case (photographs, damaged goods).
- The application is fixed by the signature of the plaintiff or his representative indicating the date.
Submitting Documents
The submission of the statement of claim is carried out after compliance with the pre-trial rules and the settlement of disputes (providing a letter of claim to the defendant).
Important nuances:
- If the document is brought directly to the court, then a mark of acceptance is put on it, otherwise it may remain without movement. For applications sent by mail, this is optional.
- It is very important to pay attention to the font. It should be easy to read. Important details must be highlighted in bold.
- Observe the statute of limitations (three years). Applications submitted later may not be accepted.
Observing all the necessary norms and rules when drafting and filing lawsuits, you can count on a positive outcome of the court decision in your favor.