Rus Articles Journal

How it is correct to appeal with the claim to court?

Very often in the life we face various problems. The part of these problems can be solved only by means of judicial proceedings. It now time that to the majority of us at least once in the life, but it was necessary to appeal to court behind protection. And it is necessary to someone else. As it is correct to submit the application what reefs can meet on our way? We will also talk about it in the present article.

The first that you have to know, is that each statement of claim has obligatory requisites, in case of not the indication of which the court or will return your address, or will leave it without consideration. What has to be surely specified in our claim? According to the p. 2 of Art. 131 of GPK Russian Federation are specified in the statement of claim:

1) the name of court to which the application is submitted;

2) the name of the claimant, the residence or the location of the claimant (in case the application is submitted by the legal entity);

3) the name of the defendant, the residence or the location of the defendant (if it is the legal entity);

4) in what violation or threat of violation of the rights, freedoms or legitimate interests of the claimant and his requirement consist;

5) circumstances on which the claimant bases the requirements, and also proofs confirming the specified circumstances;

6) the claim price if it is subject to an assessment, and also calculation of the collected or challenged sums of money;

7) data on observance of a pre-judicial order of the address to the defendant if it is established by the federal law or it is provided by the contract of the parties;

8) the list of the enclosed documents to which, according to article 132 GPK Russian Federation, copies of the statement of claim according to the number of defendants and the third parties, the document confirming payment of the state duty (the bank receipt or the payment order), the power of attorney concern if the application is submitted by the claimant`s representative, or other document confirming powers of the representative, documents confirming circumstances on which the claimant bases the requirements, copies of these documents for defendants and the third parties, the text published standardly - the legal act in case of its contest, the proofs confirming observance of a pre-judicial order of settlement of dispute, calculation of the collected or challenged sum of money with copies for defendants and the third parties.

The statement of claim is filed a lawsuit in writing, at the same time it is not important, printed on the machine, the computer or handwritten. In some vessels of the judge ask to provide them only the printed claims as they are much easier read, but in case of absence you have full authority to demand technical means from you that you at you adopted the hand-written statement of claim, and cannot refuse it to you.

Besides, it is necessary to know that from time to time in vessels announcements of type are hung out: in connection with the reporting statements of claim will not be adopted from it - on it - that number . However courts are obliged to accept addresses of citizens to all working days. To avoid disputes with workers of justice, you can quite send your petition by mail (better to make it the registered mail with the notice) and not to worry that will return you it because of employment of court.

Well and the last what it is necessary to remind of: the statement of claim has to be surely signed. Either the claimant, or his representative has a right to sign, however power on signing of the statement of claim has to be separately stipulated in the power of attorney.

Progress to you in permission of your affairs!]