The plaintiff may file a waiver of the claim at any time after the initiation of a civil case in court and before a decision is made. This will mean that the person does not support the claims stated earlier, and also does not want a decision to be made in the case. A court may satisfy a person’s refusal from the claims declared by him, if this does not violate the interests of other persons. This will be discussed in more detail in this article.
In what cases is it possible
Here, it is immediately necessary to note the following: a waiver of a claim should not violate the rights of other persons, for example, children. Therefore, if a woman filed a lawsuit in the court for the recovery of funds for the maintenance of a child, because her husband does not help her upbringing and does not participate in the baby’s life, and then she suddenly decided to abandon the stated requirements, then the court will most likely refuse her satisfaction petitions. Otherwise, the legitimate interests of the minor, who must receive content from both parents, will be violated.
An application for waiver of claims may be filed if all financial and contentious issues between the parties have been resolved before the start of the civil case. For example, a bank filed a lawsuit against a borrower who did not make loan payments, but after the latter found out about it, he immediately paid the full amount with interest. In this case, the issue was resolved before the consideration of the case. Therefore, the creditor wrote a statement of waiver of claims.
Causes
They may be different. But first of all, the reasons for rejection of the claim are justified by the fact that the applicant has lost the necessary interest in the claims stated earlier. In addition, the defendant could independently pay off the entire debt, as well as resolve other contentious issues with the plaintiff. After all, consideration of a civil case by a court may take several months. Why should the plaintiff lose his time if he has already decided all the controversial issues with the defendant? It is on this basis that a person submits to the judicial authority an application for waiver of claims.
Nevertheless, the reasons for rejection of the claim can be very different:
- satisfaction of all claims of the plaintiff in pre-trial order;
- the defendant no longer carries out actions that would violate the interests of the applicant;
- reconciliation of the two parties;
- the plaintiff’s uncertainty about his victory in the process.
Orally or in writing?
In this case, both options are suitable. After the start of the meeting, you can express your request to the court orally. In this case, the secretary will simply enter the words of the plaintiff in the protocol of the process. You can also submit to the court a statement of waiver of the claim. It will be even better, because on paper you can set out everything more competently and motivated. There is no specific pattern for writing such a statement. Therefore, it can be compiled in free form, but in compliance with the requirements for processing business documents. After studying the application, the court will inform you of its decision. If it is positive, then the proceedings are terminated. Otherwise, it continues until a decision is made.
Decor
A statement of waiver of claims, a sample of which is not available in the legislation, can be made as follows:
The _____________ name of the judicial authority
Plaintiff _______________ (surname and initials, address)
Statement
I filed a lawsuit ____________ against the defendant (data) about __________ (it is necessary to indicate what).
Due to the fact that _______________ (reason), I consider it necessary to refuse the stated requirements.
The refusal was written by me voluntarily, the consequences are known to me.
Subject to the provisions of Article 39 of the Code of Civil Procedure,
I BEG:
Accept my rejection of the stated requirements.
Date___________
Signature__________
Qualified assistance
For the reason that not all citizens can independently defend themselves in the court, many of them seek the advice of professional lawyers. Moreover, the consequences of rejection of a claim are not always clear. In addition, in practice, there are various situations where the judge simply does not satisfy such a request.
This is especially often the case when women file claims for the recovery of money from ex-husbands for child support, but then, for unexplained reasons, abandon their claims. In this case, the interests of minor citizens are violated, and therefore the court quite understandably refuses to satisfy such statements.
To prevent such cases from happening, a professional civil lawyer will help to understand the current situation and find the right way out. In addition, he has the right to represent the interests of his client in court, which will help the latter save time and nerves. A competent civil lawyer will be able to correctly file a petition to waive a lawsuit if all disputed issues are resolved with the defendant, and also convince the judicial body that it is written voluntarily and does not contradict the interests of others.
Effects
If the plaintiff refuses his claims, the court shall terminate the proceedings. But only if this does not violate the rights and legitimate interests of others. This is stated in Article 39 of the Civil Procedure Code of the Russian Federation. The case ends with the issuance of the relevant decision.
In the procedural document, the judge indicates to the plaintiff that he will not be able to again apply to this body with the same requirements for the same person. It only means that if the applicant suddenly changes his mind and again goes to court, then the documents will not be accepted from him. Therefore, before the plaintiff decides to abandon the lawsuit, he needs to think very well and also weigh all the pros and cons.