How are claims made?

Claims are not just letters, but legal documents that require proper clearance. Any deviations from the rules are highly undesirable. This article will talk about how this type of document is prepared, compiled and sent .

Basic stages of preparation

In order to correctly draw up statements of claim, professional specialists engaged in legal practice, the procedure of preparation is divided into several stages.

• The first. It is important to accurately determine the coordinates of the defendant. The actual location of the addressee may sometimes not coincide with the information provided.
• The second. It is necessary to develop a unified line of conduct, which will be the key to success. A professional attorney will help you calculate all the most advantageous questions and answers for the process.
• The third. Claims must be competently drawn up. If you do not speak the legal language yourself, contact a specialist for assistance.

How to write a statement of claim

The application is submitted to the court in writing. It consists of three parts.

Introductory:

• It is necessary to indicate the name of the judicial bodies to which the plaintiff refers.
• Surname, name, patronymic and address.
• Name (name or name of organization) of the defendant and address.

Actual:

• It is necessary to detail all the events concerning the problem.
• Do not repeat, unsubstantiated allegations and insults to the defendant.
• The style of the letter should be official and competent, with proof of its words with evidence and references to legislation.
• It is necessary to indicate a pre-trial settlement of the dispute (filing a claim with a date). It is compulsory to register a claim letter from the defendant.
• The document should contain the existing articles of normative and legal acts that confirm the rights of the citizen, violations and responsibility of the defendant.

Final:

• Appeals and claims of the plaintiff to court (for example: I ask you to enforce money from the defendant, terminate the contract, return the thing). These actions must be confirmed by the rule of law.

Claims must be filed with copies of documents (Article 132 of the Civil Code of the Russian Federation):

• Copies of the application with the number of respondents and third parties.
• Power of Attorney for the representative of the plaintiff.
• Documents with confirmed circumstances in which the claimant has set out the claims (expert's conclusion, the contract of sale, the act of acceptance-transfer of the goods, the guarantee letter, copies of these documents for the defendant and third parties).
• Claim, the answer to it (if it is).
• Calculation of the amount of money for recovery, which is signed by the plaintiff and his representative with copies of the number of respondents and third parties in the process.
• The plaintiff has the right to provide any other evidence relevant to the case (photographs, damaged goods).
• The application is signed by the plaintiff or his representative with the date.

Sending documents

The filing of a statement of claim is carried out after compliance with pre-trial rules and settlement of disputes (submission of a claim letter to the respondent).

Important nuances:

• If the document is brought directly to the court, then it marks the acceptance, otherwise it may remain without movement. For applications sent by mail, this is not necessary.
• It is very important to pay attention to the font. It should be easy to read. Important details should be highlighted with boldface.
• Observe the statute of limitations (three years). Applications submitted later may not be accepted.

Observing all the necessary rules and regulations in the preparation and filing of lawsuits, you can count on a positive outcome of the decision of the trial in your favor.