HOW to FILE A LAWSUIT the CLAIM INDEPENDENTLY of
HOW to FILE A LAWSUIT the CLAIM INDEPENDENTLY? Having read
on the Internet, some councils how to file a lawsuit the claim independently, it is possible it is deceptive to believe that this occupation absolutely simple in case you are able to use search engines of the Internet well.
I hurry to assure you is a widespread mistake.
In - the first, information which is laid out on the Internet can exist for years and to be corrected by nobody even if the laid-out claim sample initially was made absolutely incorrectly.
In - the second, the legislation so quickly changes that on the Internet can is references to articles of Codes and other regulations which are changed long ago or at all are cancelled. Now, within one year absolutely new provision of the law can be accepted and be cancelled.
In - the third when your rights are violated and you go to court with hope for justice, you will not be able to keep not to describe the emotions, and court interest only the facts and existence of the proofs confirming your correctness. It is wrong or incomplete the formulated claim requirements, will lead to the fact that your claim will be left for a while without the movement.
I do not think that without having vocational education and experience of jurisprudence, it is possible to submit the statement of claim really correctly. Only simple claims for the alimony, divorce which for years are written on templates can be an exception of this rule, and by and large in them, as a rule, change only dates.
If, all of you consider that all of you can try to make the claim independently , then I hope to you the rules given below and requirements of the Law will help. At once I will make a reservation that in this article there is a speech about the address with the claim to district court of the general jurisdiction of Ukraine.
WHAT HAS TO be SPECIFIED IN the STATEMENT OF CLAIM? :
The name of court to which you submit the statement of claim;
Claimant: a surname, a name, a middle name or the full name of the legal entity, its residence or if a claimant is the organization, its place of registration (not the actual stay) a phone number;
Defendant: a surname, a name, a middle name or the name of the defendant, his residence or if a defendant is the organization, its place of registration, phone numbers;
The name of the claim (about what the statement of claim);
The claim price in affairs of material character (collecting the sums or recognition of the rights of a sobtvennost);
In what violation of your rights, freedoms or legitimate interests and your requirements consists;
By what provisions of the law the violated rights are regulated;
Circumstances on which you base the requirements, and proofs confirming these circumstances;
The list of the documents enclosed to the statement of claim;
Date of submission of the claim and signature of the claimant;
Original of the receipt of judicial collecting. (The sizes always you watch in the Law of Ukraine “About judicial collecting“ BP of Ukraine the Law from 08. 07. 2011 No. 3674 - VI as for the last year, rates changed several times).
Together with the statement of claim its copies, with all enclosed documents for the defendant move if it is several parties, then copies are attached by the number of defendants and the third parties in the claim.
Only when performing all 11 - ti points, your statement of claim will be adopted by court.
To WHAT COURT the STATEMENT OF CLAIM is SUBMITTED?
Jurisdiction on location of the defendant (Art. 109 of GPK) - the most widespread type of jurisdiction.
Claims to natural persons are made in the place of their registration, but not the place of residence. If you specify the wrong address of registration of the defendant, the court will return your claim without consideration.
Jurisdiction of cases on the choice of the claimant (Art. 110 of GPK) .
You have the right to show such types of claims in court in the place of the registration: - about recognition of paternity of the defendant;
- about collecting the alimony;
- about labor legal relationship;
- about divorce if with you the child lives;
- about indemnification, caused by a mutilation, other damage of health or death physical. persons, or the harm done owing to commission of crime;
- connected with indemnification, caused to the person by illegal decisions, actions or a divergence of law enforcement agencies or vessels;
- about consumer protection (can be also shown in the place of infliction of harm or performance of the contract).
Exclusive jurisdiction (Art. 114 of GPK) :
- claims for the property right to real estate - on locations of property;
- claims for removal of arrest from property - on location of property;
Remember that at submission of the claim you surely have to know to what court to submit it, otherwise your claim will be returned to you without consideration.
If the judge, resolving an issue of opening of proceeding, establishes that business not to jurisdictional this court, the application is returned for submission to appropriate court about what definition is taken out. The copy of an opreredeleniye of court together with the statement and all annexes to it come back to your address.
If for any reason the judge does not pay attention to violation of rules of jurisdiction by you at once, then the court is obliged to submit independently your business to other court to which jurisdictional business.
Always you remember that the competent made statement of claim will be adopted by court that has huge value for fair and fast consideration yours put, and the made mistakes can lead to leaving of the claim without the movement or to its return to your address.
Therefore if you were going to submit the claim, more difficult, than the claim for divorce, it is better to address nevertheless the qualified lawyers who will define a subject of the claim, jurisdiction, will help with collecting proofs and the indication of all standards of the current legislation.