How to file a claim

When you can go to court on their own

Lawyers are advised to consult specialists at stake if a large amount of spores or vital. But there are situations when you can do on its own.

If the amount in dispute to have insignificant or if you realize that it is a standard and it has developed unique experience, you can save and to defend their interests in court, including the make and sue.

Lada Gorelik, a lawyer, managing partner of the Moscow Bar "Gorelik and partners"

What to do before you go to court

try to negotiate

In some cases, it is a rational move that will not spoil relations and come to a favorable decision for all, as there is no guarantee that you will win the court.

In other cases, attempts to pre-trial settlement legally binding. These include, in particular:

• Modification or termination of the contractArticle 452 of the Civil Code. The procedure for amendment and termination of the contract of the Civil Code Article 452. The procedure for amendment and termination of contract.
• Modification or termination of the agreement on the payment of alimony
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  SC Code Section 101. Procedure for conclusion, execution, modification, termination and annulment of an agreement on the payment of alimony.
• Termination of the leaseArticle 619 of the Civil Code. Early termination of the contract by the lessor demand.
• Disputes with the tour operatorArticle 10. Features of the implementation of the tourism product.

If attempts to pre-trial settlement of the question for your case binding, you must provide evidence that you tried to do it. Otherwise, the claim will not be accepted. Therefore, if you can not figure out exactly what to take, it is better to address to defendant to conclude a pre-trial agreement.

You can send the claim by registered letter with a list of investment and return receipt requested. Or get a stamp of acceptance of documents for its copy, if we are talking about the organization. So you will have the evidence needed for filing a claim.

To find out whether not passed the statute of limitations

To issue a request to the court it is necessary within the limitation period, because the statement the opposite side of its expiry will be the basis for denying the claim.

There is a general limitation period - threeArticle 196 of the Civil Code. General limitation period of the year. But there is also shortened. For example, if violated preferential right to purchase equity property owners, the state this can only be for threeArticle 250 of the Civil Code. Pre-emptive right to buy months.

You also need to correctly determine which day to start counting the period of limitation of action. As a general rule, it begins at the moment when you learned about the violation of their rights and about the one who broke it.

Lada Gorelik

determine the defendant

Just like to go to court useless: it is necessary to complain to someone. So it is necessary to determine who is responsible for the situation in which your rights have been violated. You can file a lawsuit as a natural or legal person, or to a public authority. Defendants may be several.

Claim without the defendant left without movement. Therefore, if you are some kind of data do not know, you have to do a little investigating. You will need the name or business name and address. For example, information on the legal entity or an entrepreneur can be obtained in the register on the site FTS. And the owner of the apartment, the tenants that you have filled in, it is easy to install with the help of extract from the Unified State Registry of real estate.

Rate suit

It is about the amount that you are going to collect - the value of property, alimony payments for a year, and so on. Estimating the amount of the claim should be approached rationally. For example, if you flooded neighbor, Random numbers can not be specified. It is necessary to invite an expert who will assess the damage and make the results of the examination to the suit.

In case of obvious discrepancies the prices suit the actual value of the claimed property it will determine the judge in making a claim.

Alex Yuferov, Deputy Director General of the legal company "Vector Rights"

Which court to handle

Geographically, you need to choose the court for the defendant's locationGIC RF Article 28. Suing the residence or location of the respondent. But there are exceptionsGIC RF Article 29. Jurisdiction on the claimant's choice. For example, if the defendant does not live in Russia, we can apply to the court at his place of last residence. When it comes to recovery alimony, For damages after injury, reinstatement in the workplace, will approach the court at the place of residence of the plaintiff. In cases where several defendants, to sue at any of them.

With a view of the court all the more complicated. Civil claims not related to the enterprise, usually considered a global or regional court.

The court considered the worldThe Federal Law of 17.12.1998 number 188-FZ (ed. from 18.04.2018) "On Magistrates in the Russian Federation" case:

• On the issue of the writArticle 121 CCP RF. writ to collect money, or recovery of property.
• Property disputes with the claim cost less than 50 000 rubles.
• Establishing the procedure for use of the property.
• On the division of joint property of spouses, if its value is less than 50 000 rubles.
• ABOUT divorceIf the spouses have agreed to stay away from children.

Justices of the peace will never deal with cases of inheritance and property cases related to intellectual property. Complicated family matters of defense and establishment of paternity, deprivation or restriction of parental rights and adoption or an adoption is also not in their competence.

Natalia Kochetkova, Senior Counsel of the Law Company "YUST.AS"

in such cases the claims and all the other actions in the system of general jurisdiction consider the district courts. The jurisdiction of the courts of arbitration - disputes relating to economic activity. But here it is better to enlist the help of a lawyer.

What to write in the statement of claim

According to lawArticle 131 CCP RF. The form and content of the statement of claim in a lawsuit the following information should be specified:

1. Name of the court in which the lawsuit is directed.
2. Data on the plaintiff - F. AND. ABOUT. or the name, if we are talking about the organization, registration address.
3. Data on the transponder.
4. As violated the plaintiff's right that it requires from the defendant.

Succinctly describe what happened, enter the reference to the law. The narrative should be as simple as possible, so that the court understood clearly what you want. Misty lawsuit will most likely be left without movement.

The statement should not be messy and apparent contradictions. Clearly and consistently, without emotion described the circumstances and facts, add a reference to the dispute relating to the rule of law.

If you are in search for the text referring to the wrong section of the law, the court has no right to refuse you on that ground alone, because you are not required to have special knowledge of the law.

Lada Gorelik

Be sure to write what you want to receive from the defendant. It is important to be realistic requirement. Otherwise, the matter came to nothing, even if you win the court.

1. The price of the claim, if the claim is subject to evaluation.
2. The list of documents attached to the claim.

must provideArticle 132 CCP RF. The documents attached to the claim a copy of the statement of claim in accordance with the number of respondents, the paper confirming the circumstances business and your right, or contest the calculation exacted a sum of money, receipt of payment registration fee.

The bulk of the documents attached in the form of certified copies, but the receipt of payment of registration fee is required in the original.

The statement must necessarily be the signature of the claimant or his representative. In the second case the suit is required to attach a copy of the document, on the basis of which the representative acts - for example, a power of attorney.

If according to the law you had to take measures to pre-treatment to the defendant, information about this is also made to the statement of claim.

How to file a claim in court

Apply can be in paper form in person to bring it to the office you require a court or refer to the letter with a list of attachments and return receipt requested.

The second option - the electronic sending of the claim through the system SAS "Justice". To enter, use the username and password "public services».

Most of the district courts accept electronic applications, but the justices do not always have that opportunity. Therefore it is better to specify in advance the form in which you can file a claim for your particular court.

Lada Gorelik

What is stamp duty

Some claims are exempt from state fees. Among them, for example:

• Recovery of wages.
• Compensation for damage caused to crime.
• Protecting the rights and legitimate interests of the child.
• Consumer rights Protection.

A full list is available in the Tax CodeTax Code Section 333.36. Benefits when applying to the Supreme Court, courts of law, to the justices of the peace.

For claims non-material amount of duty fixed and dependsTax Code Section 333.19. The dimensions of the state duty for cases heard by the Supreme Court, courts of general jurisdiction, Justices of the Peace on the subject of the dispute. For example, for an action for dissolution of marriage will have to pay 600 rubles.

For a property claim to be assessed, the size of the state duty varies depending on the amount of the claim:

• 20 000 - 4% amount of the claim, 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 - 3200 rubles plus 2% of the amount exceeding 100 000 rubles.
• From 200,001 rubles to 1 million rubles - 5200 rubles, plus 1% of the amount exceeding 200 thousand rubles.
• Over 1 million rubles - 13 200 rubles plus 0.5% of the amount exceeding 1 000 000 but not more than 60 000 rubles.

Bank details for payment of state fees can be found on the website of the chosen court you. There's also usually have a calculator with which you can calculate the exact size of the required fee.

What happens if you file a claim correctly

If insignificant defects - for example, you do not specify the defendant - that will leave the claim without movement, until you fix the error. If you chose the wrong court or have not tried to resolve the issue in the pretrial order, as required by law, the application will return.

In some cases a refund claim may backfire.

Any information on the progress of the lawsuit posted on the Internet. The person to whom you are the requirements, can find out about your intentions and to take advantage of a hitch, for example, to sell their property.

Alex Yuferov

On consideration of the question to accept or not to accept the claim, the judge has 5Article 133 CCP RF. The adoption of the statement of claim days.