Drafting a claim

When drawing up a statement of claim, it is necessary to take into account some subtleties, non-observance of which will lead to the fact that the statement of claim will remain without consideration. First of all, it must be remembered that a statement of claim is not just a letter, but an official document that has its own special, specific legislative form. Deviations from this form are highly undesirable.

The statement of claim is submitted to the court in writing. It can be conditionally divided into 3 parts:

Prologue contains:

• The name of the court in which the claim is filed. The consumer has the right, at his choice, to decide in which court he will file a claim.
• Name of the plaintiff: full name, address of residence;
• Name of the respondent (LLC, individual entrepreneur, etc.), address of its location;

Actual part:

In this part, you need to competently, clearly and consistently state all the information relating to the essence of the problem. In the text of the application, it is necessary to provide a description of which and how exactly the rights were violated. It is necessary to avoid repetitions, as well as adhere to the official style of presentation, the text must be literate and coherent. Unsubstantiated statements are not allowed, the essence must be stated calmly, without unnecessary emotions, do not allow insults to the defendant, confirm your words with evidence and references to specific articles of regulatory legal acts that confirm the rights of a citizen and violations on the part of the defendant, and also provide for his responsibility . The text should be free of errors and typos.

Final part and appendix:

It should clearly state the requirements for the court, for example: to enforce the requirement to recover a sum of money from the defendant; return the item; terminate a previously concluded contract, etc. We draw your attention to the fact that such actions must be provided for by the rule of law by which the plaintiff substantiates his claims against the defendant.

The statement of claim ends with the signature of the plaintiff or his representative (in the latter case, a power of attorney must be attached to the statement of claim) and the date of signing.

The statement of claim should be stated in such a way as to facilitate acquaintance with it as much as possible. To do this, it is advisable to highlight the most important fragments of the application in some way, for example: in bold, underline or capital letters.

Specialists of the legal agency “Active” competently draw up a statement of claim for you to go to court and obtain a positive decision.