How to properly file a claim in arbitration court

Most people have faced the need to go to court at least once in their lives. Indeed, disputes and conflicts often turn into litigation. And the first thing you need to do when going to court is to draw up a statement of claim. It represents the procedural form of your claim. The claim states what the plaintiff wants to get and why the court should satisfy his demands.

It is often difficult for a person not versed in legal subtleties to correctly substantiate and state his claims, because the law imposes a fairly significant number of requirements on a claim. If they are not followed, the claim may be rejected or left without consideration. In this article we will talk about the main issues and nuances associated with drawing up and filing a claim.

We are trying to resolve the conflict without trial

Before filing a claim, it is often necessary to send a claim to the potential defendant, which also needs to indicate a deadline for a response. By default, the usual response time is one month from the date of receipt of the complaint.

If during this time your requirements set out in the claim are not satisfied, you do not resolve the issue amicably, or the claim remains completely unanswered, then you can safely go to court. A mandatory claim procedure is provided for a significant part of claims; in addition, by filing a claim it is often possible to resolve the issue without bringing the matter to court. Whether you need to submit a claim before filing a claim, you can consult a lawyer or try to figure it out on your own:

https://www.consultant.ru/document/cons_doc_LAW_188617/

Important!

If the claim has one subject and basis, and the claim has another, the court will return the claim or leave it without consideration. For example, in a claim you demand to change the terms of the contract, and in a lawsuit you demand to terminate it. In such a situation, the court will not consider your claims.

Personal appeal

Documents can be submitted in person at the court office. On the official website you can find the reception days and work schedule. Pre-registration in arbitration courts is not provided. It is important to be personally present when the set of documents is presented and confirm their integrity, compliance with the contents of the package and the list of attachments. If any item is missing, time will be offered to provide the missing documents. It is required that when applying you have one more copy of the claim on hand. The office employee will put a stamp on it with the date of acceptance of the documents. The court case number and details of the parties will be published on the official website of the court as soon as the documents are registered. This applies to all delivery methods. Not only the plaintiff, but also his legal representative can act personally by appeal.

We formulate the subject and basis of the claim

Every claim must have these two elements. The subject matter is what the plaintiff demands. The basis is the circumstances to which he refers to substantiate his claims. Let us take, for example, a statement of claim for the recovery of an item from someone else’s illegal possession (vindication claim).

In order for the court to satisfy the requirements, you need to provide a reason. In the case of a vindication claim, the basis will be the following legal facts: the circumstances under which the thing left the possession of the plaintiff, the conditions of its receipt by the defendant (the one against whom the claim will be filed), the presence of this thing in his possession and the absence of obligations regarding it ( for example, the absence of a situation where the plaintiff transferred it under an agreement for storage to the defendant).

Let's start with the “cap of the claim”

The first thing to do is to indicate to which court the application is being filed, who the defendant is, third parties and information about the plaintiff.

1. In the information about the plaintiff, you will need to indicate the full name or name of the organization, place of residence or location, if a representative is filing - also his data.

2. About the defendant you will need to indicate his full name or name and location or residence. Until January 1, 2021, the new edition of clause 3 of Art. 131 of the Code of Civil Procedure of the Russian Federation, which requires indicating the place where he was born and where he works, as well as one of the identifiers (inn, series and number of a passport or driver’s license, personal identification number, PTS) will do, if this information is known.

3. It is also advisable to indicate the price of the claim in the header - this is the cost of the claims, if they are subject to assessment. For example, if you are collecting a debt of 300 thousand rubles, then this amount will be the cost of the claim.

We declare our position

After the factual circumstances are described, you can move on to your opinion as to why the court should satisfy the requirements. In the case of the same lease agreement, you can indicate that the tenant did not pay rent more than two times in a row, indicating that this is the basis (clause 3 of Article 619 of the Civil Code of the Russian Federation) for terminating the contract.

Important! Due to the direct requirement of the law, when collecting funds, the claim must necessarily include a calculation. For example, you are collecting a penalty under a contract. In the claim, you will need to refer to the relevant clause of the contract and calculate the penalty using a formula or using a table that will need to be inserted into the claim.

We attach the necessary documents

After the petition part, you should indicate a list of applications. Attachments are copies or originals of documents that are submitted along with the claim. All evidence that you refer to must be attached in the form of copies to the statement of claim and indicated in the list. You will also need to send copies of the claim and attachments to it to all parties in the case, and to the court - confirmation that they were sent. For this purpose, it is suitable to submit to the court together with a claim for an inventory of the contents of the postal items. Also, the applications must include a receipt for payment of the state duty.

Contact via the Internet

The option of filing a claim with an arbitration court via the Internet is as convenient as possible. To do this, you need to confirm your account on the State Services portal, then go to the Arbitration Case Files website. The next step is to activate the “My Arbitrator” option and use the ESIA account. The interface is very clear, there is a separate section with claims. The type of application is selected, data about the applicant is entered, and a specific arbitration court is selected. Applications are sent one at a time. After documents are accepted, a notification is sent by email. To sign the application, a simple or enhanced electronic signature is required. The original scanned documents must be retained after sending. The court may request this material at any time. “My Arbitrator” is the only option for electronic submission. Such documents are not accepted by court e-mail. The filing date is the day the documents are received into the system. Processing time usually takes 2-3 days.

Questions and answers

How to file a claim for alimony?

To do this, you need to use the step-by-step instructions indicated above. A distinctive feature of alimony cases is the ability to collect them through writ proceedings. To do this, you will need to submit an application to the magistrate for a court order. It will be reviewed within five days, and if the future payer does not object, it will come into force after 10 days.

How to file a claim for divorce?

The statement of claim will need to be filed at the location of the defendant. If there is a dispute about who the children will stay with or the division of property worth more than fifty thousand rubles, you should contact the district court. If the specified conditions are not present, go to the magistrate.

How are claims made?

To write a claim, you can use these instructions, as well as a sample statement of claim, which can be found at the end of the article.

How much does it cost to file a claim?

The law imposes a large number of requirements on the form and content of the claim. The cost of a mistake is very high - in most cases it is impossible to file the same thing twice if the court refuses. It may not work out and change the subject or basis of the claim during the proceedings. You can get out of the situation by contacting a lawyer who will prepare a statement of claim and represent your interests in court.

Our price list:

What is "free form"

The concept of free form refers not to the entire document, but to that part of it in which the appeal is directly stated. The applicant formulates and writes down the essence of the application in his own words without using template phrases and expressions. This form allows you to make the description of the problem more complete and take into account all its nuances.

At the same time, it is necessary to maintain a business style and indicate factual information that is necessary for making a management decision.

The application excludes:

• colloquial slang (example: “You are my dear man! Help, be so kind!”);
• profanity (example: “... because some idiot from the mountain decided to put up a fence...”);
• the use of elements of a different style, for example, special scientific terms (example: “As a result of abduction, the commission put forward the following proposals...”).

It is also highly advisable to avoid careless writing and grammatical errors. The text must be compiled in such a way as to exclude double interpretation.

Current legislation does not contain comprehensive requirements for such a statement. Federal Law No. 59 dated May 2, 2006 “On the procedure for considering citizens’ appeals” establishes that, as a general rule, the application should contain:

• name of the body, full name the official or position of the person to whom the application is addressed;
• FULL NAME. applicant, patronymic is indicated if available;
• postal address where the response to the appeal should be received;
• the essence of the document;
• personal signature of the applicant;
• document date.

If the specified information is available, the application must be accepted for consideration.

If the application was sent electronically, the email address must also be indicated. If it is necessary to explain the stated facts and confirm them with documents, relevant materials are attached to the application (according to the text of Article 7 of the Federal Law No. 59).

On a note! The law does not require a telephone number or other operational means of communication with the applicant. When accepting a document, the applicant can only be advised to do so.

It is optimal to place the text on one page of A4 sheet for ease of perception of information. It can be printed or handwritten. When writing an application, you must be guided by the current GOST (R 7.0.97-2016) and leave margins in the document: the left, top and bottom must be at least 2 cm, and the right - from 1 cm.