Statements of claim
In court appeals, we will draw up a high-level lawsuit for you. The main advantage of this service provided by our professional lawyers is that you can apply online.
One of the first documents required during litigation is to file a lawsuit. Applicants must briefly and concisely indicate what they need to do when preparing their applications and going to court. Despite the fact that there are general patterns of statements of claim, the specific notes made by us and the justifications in the statement are of greater importance.
Another advantage of our claim is that it will be correctly and accurately justified. This issue, which is of great importance in legal execution, is a key indicator of quality in the preparation of a claim. Thus, the provisions reflected in the lawsuit must be brought in accordance with the internal norms of the law, and based on the norms of international law and the general principles of law.
You just need to contact us when filing a lawsuit in case of violations in the course of litigation. Your statement of claim will be prepared in accordance with your claim and in accordance with the requirements of the law.
How is the statement of claim drawn up?
The statement of claim is submitted to the court in writing. The application must indicate the name of the court to which the application is filed, the names (names) and postal addresses of the persons participating in the case, the circumstances on which the plaintiff or applicant bases his claim, legal qualifications, requirements based on laws and other regulatory legal acts, a requirement for each of the defendants if a lawsuit has been brought against several defendants, information on compliance with the pre-trial (claim) settlement of the dispute with the defendant if for cases of this category this is stipulated by the agreement or the law. In addition, a list of documents attached to the application is added.
The plaintiff has the right to combine several claims related to each other in one statement of claim. For example, we have the right to consolidate a claim for alimony in divorce proceedings. Since claims are interrelated, they are often filed with the court in a single statement of claim.
The following documents are attached to the statement of claim:
- Copies of the statement of claim by the number of defendants and third parties;
- State duty payment document;
- A document certifying the signing of the statement of claim by an authorized person;
- In economic disputes, a document on receipt of copies of the statement of claim and documents attached to it by other persons participating in the case;
- Documents on which the plaintiff bases his claims, in the absence of copies of these documents from the defendants and third parties, copies of these documents for delivery to these persons;
- The text of the normative act in the event of its contestation;
- A document on compliance with the pre-trial (claim) settlement of the dispute with the defendant, if for cases of this category this is provided for by the contract or the law.
Return of statement of claim
The procedure for returning a statement of claim is defined in Article 152 of the Code of Civil Procedure.
Thus, the judge returns the statement of claim and the documents attached to it, if the statement of claim is not signed or signed by a person who does not have authority to do so or by a person whose official position is not indicated, the case is not subject to this court.
In addition, if the statement of claim is not attached to economic disputes — a document on receipt of copies of the statement of claim and documents attached to it by other persons participating in the case, a document on payment of state duty, if payment is provided for this category of cases, a document on pre-trial compliance (claim) settlement of the dispute with the defendant, if for cases of this category it is provided for by the contract or the law and in other cases provided for by the Code of Civil Procedure, the judge will return the claim BoE statement.
Refusal to accept a statement of claim
According to Article 153 of the Code of Civil Procedure, a judge refuses to accept an application on the basis of inadmissibility of a claim:
- If the application is not subject to consideration in the courts;
- If there is a court decision or court ruling on the acceptance of the plaintiff’s refusal of the claim or on approval of the parties ’amicable agreement, which has entered into legal force, which has been passed on a dispute between the same parties on the same subject and on the same grounds;
- If the case has a final decision of the arbitral tribunal, with the exception of cases of refusal of the arbitral tribunal to issue a writ of execution for the enforcement of the decision of the arbitral tribunal on a dispute between the same parties, on the same subject and on the same grounds or returning the case to the arbitral tribunal decision to review the case, but the impossibility of considering the case by this arbitral tribunal.
- If there is a case in a court proceeding in a dispute between the same parties, on the same subject and on the same grounds.
The judge, refusing to accept the application, makes a reasoned decision about it. The decision on the refusal to accept the application must be formally submitted to the applicant simultaneously with the documents attached to the application.
A complaint may be filed against the decision to refuse to accept the statement of claim. A judge’s refusal to accept the application does not preclude a second appeal to the court with a statement to the same defendant about the same subject and for the same reasons.
Provision of services in the preparation of claims
Legal Store also serves the interests of its customers in the field of filing claims and provides legal services in this area in electronic form. Thus, now you can receive statements of a claim without waiting in line and do not lose time on the way to the relevant courts.
You just need to contact us to file a claim on your behalf for any offense against you or for violation of the law. Your claim will be prepared in accordance with your requirements and in accordance with the requirements of the law.
