Application to the court. Sample statements of claim

from 31/12/2018

When going to court, statements of claim are drawn up.

You can download all samples statements of claim. View examples of their composition. Learn the rules for filing and considering civil cases in court.

To prepare the document, you can contact legal assistance or try to figure it out yourself. As our practice shows, most citizens are quite capable of drawing up any statement of claim on their own. To do this, you just need to find suitable samples, figure out how to draw up a claim and present it to the court.

You have already completed the first task, since you found this site. Now choose a suitable sample, download it (it’s completely free), get acquainted with examples of filing claims, and ask our lawyers any questions. We hope that with our help everything will work out for you.

What is a statement of claim

A statement of claim is a written application to the court in which one party makes demands on the other. The one who files the claim is called the plaintiff. The party against whom the claim is made is called the defendant. There may be several plaintiffs or defendants in each case. In addition to the parties, third parties may participate in civil cases. No requirements are imposed on third parties; based on a court decision, they may have certain rights or obligations.

How to file a claim

The statement of claim can be handwritten or typed. The requirements for the content of the application, the rules for filing a claim in court and its consideration are established in the Civil Procedure Code of the Russian Federation. Documents drawn up in any form, without complying with established rules, will not be accepted by the court.

Before filing an appeal to the court, you must decide on your requirements, identify the person who will be the proper defendant, and choose the court authorized to consider such a civil case.

When drawing up a document, you should look at the situation from the outside, which will allow you to describe all the circumstances in as detailed and clear a manner as possible. There is no need to shorten words or use abbreviations. When describing a controversial situation, rely on specific facts, indicate the date and place of the events. Requirements must be related to the described circumstances, according to the “cause-effect” principle.

If it doesn't work out

The presented samples will allow you to independently understand the preparation of claims in simple situations, gain basic legal knowledge, and will become a reliable assistant for novice lawyers. The website provides a special form where you can ask our lawyers any questions about document preparation.

On March 16, 2016, I learned that during an interdepository transfer from CJSC Russian Depository DEPONET in Moscow to the depository of JSC Gazprombank in Chelyabinsk, on the initiative of the administration of JSC Gazprombank, without an agreement with me, ordinary registered shares of RAO Gazprom and a deposit on the account were transferred to the bank account of JSC Gazprombank *** not to my personal account at JSC Savings Bank opened for transfers by JSC Gazprombank. I contacted the Prosecutor's Office of the Central District with a statement about the theft of ordinary registered shares of RAO Gazprom and deposits in the privatization account *** The Prosecutor's Office forwarded it to the Central Bank of the Russian Federation. central bank Russian Federation 2016 conducted an inspection in 2016 and did not find any violations at Gazprombank JSC in Chelyabinsk. On August 15, 2016, I filed a claim with the Central District Court of Chelyabinsk to restore the privatization account *** to its original position and to hold the management of Gazprombank of Chelyabinsk accountable. On November 21, 2016, the judge of the Central District Court of Chelyabinsk, Ich E.A, issued a ruling in case No. *** on refusal to satisfy claims, on the basis of Article 220 of the Code of Civil Procedure of the Russian Federation, since the case is not subject to consideration and decision in court in civil proceedings on the grounds provided for in paragraph 1 of part one of Art. 134 of the Code of Civil Procedure of the Russian Federation is considered and resolved otherwise judicial procedure. The court considers the dispute a corporate one and is subject to consideration in the Arbitration Court. I believe that this definition is illegal, I am not a client or a member of the bank’s corporation, and I do not have any contractual relations with Gazprombank. December 17, 2016 at the Presidium Regional Court An appeal was filed in Chelyabinsk. February 7, 2017 Judicial Collegium of the Regional Court. The judicial panel of the Regional Court was not convinced by the violations by the trial court. On November 21, 2016, on February 7, 2017, the ruling of the judicial panel for civil cases of the Regional Court in civil case No. *** was left unchanged, and the complaint was not satisfied. June 22, 2017 Judge of the Chelyabinsk Regional Court R.M. Zakirov. the transfer of the cassation appeal to the Presidium of the Chelyabinsk Regional Court was refused, the deadline for filing the appeal was missed, the court of first instance took a month to certify copies of the rulings. Appeals to the President of the Russian Federation On September 26, 2017, the registration number during the transfer from JSC Russian Depository DEPONET to JSC Gazprombank of Chelyabinsk was stolen by the criminal community, ordinary registered shares of RAO Gazprom and deposits in the privatization account *** October 2017 to oblige JSC Gazprombank of Chelyabinsk to provide report from CJSC Russian Depository DEPONET on the privatization account *** or provide a copy of the report. October 06, 2017 No. provide information about who and on what basis disposed and continues to dispose of my securities in the privatization account *** All appeals were sent to the Ministry of Internal Affairs of the Russian Federation, the Central Bank of Russia, the Prosecutor's Office of Chelyabinsk, no measures were taken, the requested documents were not provided. In their responses, the investigative authorities refer to the Decision Arbitration Court dated January 25, 2010 for No. A *** where shares of the first additional issue MF73-1p-0204 with a par value of 10 rubles were legally converted into shares of the second additional issue 1-02-00028-A with a par value of 5 rubles not having state registration. Art. 2. Federal Law on the Securities Market Identification number - a digital (alphabetic, symbolic) code that identifies a specific issue (additional issue) of equity securities that is not subject to state registration. The Decision does not say anything about certified ordinary registered shares with a par value of 1000 rubles, clause 3 of Art. 31 Federal Law “On Joint Stock Companies” Conversion of ordinary shares into preferred shares, bonds and others securities is not allowed, these are the shares that were stolen during an interdepository transfer. Additional issues MF73-1p-0204 and 1-02-00028-A do not have property rights and were on the same account without an agreement with ordinary registered ones, which is not permissible. The Central Bank of Russia refers to non-existent agreements between me and JSC Gazprombank and provides deliberately false information that an agreement was concluded between me and the depository of JSC Gazprombank in 1997, which is not true, in 1997 JSC Gazprombank did not exist, there was the Gazprom Commercial Bank, notification of KB Gazprma dated November 17, 2000. *** A complaint was filed with the Central Election Commission against the actions and inaction of the authorities on the basis of Art. 53 of the Constitution of the Russian Federation, art. 16 Civil Code of the Russian Federation Art. Art. 1069-1071 of the Civil Code of the Russian Federation to compensate for damage to the privatization account *** and hold government officials accountable for misconduct and inaction. The complaint was forwarded to the Chelyabinsk Prosecutor's Office, the Prosecutor's Office did not give a legal assessment to the applicant's arguments, the Central Bank of Russia refers to non-existent agreements and recommends going to court.

Complete information on drawing up and filing a petition in court in a civil case. All samples of petitions to the court in one place. Legal assistance, answers to questions regarding registration. Download petitions in civil cases for free.

Statements or petitions, which are essentially the same thing, can be made simultaneously with the filing of a claim, during the consideration of the case in court, after a decision is made, or during the execution of a court order.

Right to petition civil case have persons participating in the consideration of the case: plaintiffs, defendants, third or interested parties, representatives of the parties.

When the question arises: “How to correctly write a petition to a judge?” We recommend that you take the samples provided as a basis, describe your situation in detail, clearly state the existing requirements, and, if necessary, attach supporting documents.

The law allows the submission of written and oral (in court hearings) statements. However, it is better to submit petitions addressed to the court in writing. In this case, it would be correct to submit the petition in person, through the court office. Your copy will be marked as accepted. You can send documents by registered mail; in this case, we recommend making an inventory of the attachment.

Most samples are divided into appropriate categories:

• - here are collected statements to the court on issues of missing and reinstating the deadlines established by law. This is the deadline limitation period, deadline for filing a complaint with the court, deadline for appealing labor disputes, deadlines for filing complaints against court decisions;
• — petitions to the court on issues of state duty and other necessary expenses are presented here;
• — collected applications that are submitted to the court after the decision enters into legal force and the beginning of its execution.
• — statements concerning the appointment of forensic examinations are presented.

The rest, numerous, but not having their own category, can be found in the general section "Petitions".

For ease of use of our service, we recommend using the search located at the top right of our website. You just need to enter any word that should contain required document. By opening the required form, you can download sample applications in Microsoft .doc format

This is interesting: Often practicing lawyers have a question: where to put the emphasis in the word petition? According to the rules of the Russian language, in this word the emphasis is placed on the first letter “a”: motion.

To resolve controversial issues, people almost always have to turn to court for help. For example, if we're talking about about a divorce where there are children, but their place of residence has already been determined by the parents independently, then the magistrate will deal with the divorce. The latter also considers cases of collection of alimony, issuance of court orders, and also if the total amount of the claim does not exceed 50 thousand rubles. Nevertheless, many citizens are most interested in the question of how to write an application to the magistrate’s court. A sample of the required claim can be taken directly in the building of this authority. Read more about all this in this article.

What is important to know

Before submitting an application to a judicial authority, a person must decide where exactly he will submit his application. IN in this case it is necessary to seek help from professional lawyers or the norms of the Code of Civil Procedure. After all, it considers only certain categories of civil cases. Below are the following:

• cases of issuing court orders;
• about divorce if there is no dispute between husband and wife about children;
• on the collection of alimony;
• on the division of property between spouses (the amount of the claim is not more than 50 thousand rubles);
• on the procedure for determining the use of property.

All other disputes must be resolved only by the district court.

Where to find

So, many citizens of our country do not have certain knowledge in the field of jurisprudence, and therefore they are often interested in the question of where they can get a sample application to the magistrate’s court. After all, when turning to lawyers for help, you will need to pay a certain amount for the service, and not every person can afford this.

So, samples of writing statements can be taken right in the magistrate’s court building itself. As a rule, they are located on a stand or in a special folder on the table at the entrance. True, it may be different in each magistrate's court. Therefore, if a person is faced with a specific problem for the first time and does not know how to correctly draw up a document, then it would be best to come to this authority and ask the bailiff at the entrance where to find samples of applications to the magistrate’s court.

Get it on the website

This will be quite easy for those people who have good computer skills and know how to use the Internet. After all, each judicial body has its own website. This means that sample applications, as well as other information citizens need, are there.

Here you also need to know that justices of the peace are distributed among areas, which include the territory with the names of the streets of the locality. Therefore, a person will be able to submit an application only to the authority that deals with cases at these addresses. The exception here is filing a claim for alimony or divorce when the child lives with the plaintiff.

Thus, the Magistrates' Court can be found on the website of this authority. As a rule, there are also phone numbers with information officials and other necessary information. At the bottom of the site there are all sample applications for applying to the magistrate's court.

Decor

The claim in the magistrate's court is drawn up taking into account the requirements of the Civil Procedure Code. After all, a statement drawn up according to the rules will be considered the beginning of a civil process. Therefore, here you need to accurately indicate all the details of the parties and their addresses. A sample application to the magistrate's court for the dissolution of a marital union between spouses who have common children under 18 years of age will look like this:

To the justice of the peace ______________ (it is better to indicate the data immediately)

judicial district ____________ (No. __)

Plaintiff __________ (all data in full, address and contact telephone number)

Defendant __________________ (last name and initials, place of residence)

Statement of claim for divorce

______ (full date) I, __________________ (data of the plaintiff) entered into marriage with a citizen (last name and initials of the defendant), with whom I lived together until _____ (date). From our marriage we have a child ___________ (child details, indicate gender), date of birth _____________. The daughter or son lives with __________ (write with mother or father). Money to support the child is paid _______________ (specify voluntarily or by decision of the justice authority).

Actually family relationships _____________ (date) is no longer between us. There is no joint farming. Further Cohabitation and saving the family is impossible. We have no dispute about property. An agreement on the upbringing and residence of the child has been reached between us.

Based on the above and taking into account the norms of Articles 21, 22 Family Code I beg:

To dissolve the marriage with the defendant, registered _____________ (date) in the registry office of the city _____________, act record _________.

Applications:

1. Marriage registration document.

2. Birth certificate of a joint child.

3. Receipt for payment of state duty.

4. Copy of the claim (for the defendant).

Signature ______________

Date of____________________

General

It must be remembered that the period of permission by the magistrate is exactly one month. It is counted from the moment the case was accepted for proceedings. Thus, if a parent has filed a claim with the magistrate’s court to recover child support from the other parent, then this dispute must be resolved within a period not exceeding one month. Otherwise, you can write a complaint to a higher authority.

If there are no children

If one of the spouses does not give his consent to the divorce or deliberately delays this process, then the dissolution of the union is carried out in the magistrate's court. The sample statement of claim in this case will be slightly different from that used by people who have minor children. The document is formatted as follows:

To the justice of the peace ______________

judicial precinct No.____ city _____________

Plaintiff___________ (data and address)

Defendant______________ (last name, initials and famous place residence)

Statement of claim for dissolution of marriage

"___" On _________, I married ______________ (specify the details of the defendant), with whom I lived together until _____________ (such and such a period). Since _________ our marital relations actually stopped. There is no joint household and further preservation of the family is impossible. We do not have any common children from our marriage who are under 18 years of age.

After discussing the current situation with the defendant, we came to the conclusion that we need to get a divorce. However, to date we have not reached the registry office together. The defendant constantly finds some reason to avoid dissolving the marriage.

On the basis that my husband does not object to the divorce, but also does not appear to carry out the appropriate registration at the registry office within two months, I consider it possible to dissolve our union in court.

Guided by articles 21-23 of the Family Code, I ask:

Divorce a marriage with citizen ______________, registered in the registry office of the city _____ (indicate the name of the locality and the date of conclusion).

Applications:

1. A copy of the claim (for the second party - the defendant).

2. Receipt for payment of state duty.

3. Marriage certificate.

Plaintiff's signature _______________ (transcript)

Date ____________

It is also necessary to point out here that you can take one from the magistrate’s court right in the justice building itself. Currently, there are special terminals installed there through which you can pay the state fee.

To provide for children

Funds are recovered from irresponsible parents in court. If the child’s father is known, and he is also included in the child’s birth certificate, then in order to recover alimony from the latter, you simply need to submit an application to the magistrate of your district. This can be done by the person who is supporting the minor. As a rule, children almost always stay with their mothers.

The latter, in turn, are often interested in the question of how to correctly draw up an application to the magistrate’s court for alimony? Sample of this document You can take it directly from the justice agency. To do this, you just need to go to the magistrate's court.

As a rule, to quickly resolve this controversial issue There is a simplified procedure. The child's mother (less often the father) can collect child support from an irresponsible parent by filing an application for a court order. It takes less time than a civil case (when filing a lawsuit).

The application is filled out as follows:

To the justice of the peace______________

court district _____________

Claimant _________________

Debtor _______________________

Application for a court order for _______________ (write about what, for example: the collection of child support)

The claimant and the debtor dissolved the marriage union on _________________________ (indicate the date and year). From marriage we have minor child ______________ (date of birth, full name). We do not live with the debtor and do not run a joint household.

Former spouse (debtor's details) maintenance funds common child does not pay, does not take part in his upbringing and life.

The debtor has no other children. No deductions are made from his salary according to executive documents.

Based on the above and taking into account the norms of Articles 80 and 81 of the Family Code, as well as the norms of Articles 121-123 of the Code of Civil Procedure, I ask:

Issue a court order for the collection of alimony from _________ (debtor's details, place and date of birth), in favor of ___________________ (indicate the surname and initials of the claimant) for the maintenance of the child ____________________ in the amount of 1/4 of all income of the debtor until execution (for a son or daughter) 18 years.

Applications:

1. A copy of the document on the dissolution of the marriage.

2. Birth certificate of a common child.

3. A certificate from the house management stating that the minor lives with the claimant (mother or father).

Signature ___________

Number__________________

Loan debt

In such cases, banks often turn to the courts for help. After all, it happens that it is simply impossible to force a person to pay a previously taken loan in any other way. Representatives of banks most often obtain a sample of filling out an application to the magistrate's court for collection of accounts payable from this judicial authority or bring a ready-made document to the office.

Non-payment of earnings

IN modern world This problem is faced by many citizens who work in private organizations. If an employee has not received wages for the second or even third month, then he needs to turn to the judicial authorities for help. There is an order here. First you need to go and take a sample application from the magistrate's court. Cases relating to non-payment of wages to employees are resolved only through writ proceedings. After which the head of the organization is notified about the decision of the justice body. As a rule, in such cases, wages are paid immediately.

It's not that easy to compose. Therefore, in most cases, people prefer to contact professional lawyers. If you decide to draw up an application yourself, you should read the material below. These tips will definitely help.

Statement of claim as one of the forms of claim

A statement of claim is considered one of the forms of a claim. Therefore, by submitting such an application, a person declares that his rights have been violated and challenged. - This external manifestation the right of a person (legal, physical) to protect their interests.

Article 131 of the Code of Civil Procedure of the Russian Federation contains instructions regarding the rules for drawing up this document. These rules are mandatory, so you should not deviate from them. This document calls the written form the only possible one.

Mandatory content parts

The statement of claim must consist of several points. Among them are:

• the official name of the judicial body to which the application is addressed;
• full information about the plaintiff, including zip code, address; for legal entities - all details;
• when submitting an application not by the plaintiff personally, but by his representative, information about the representative is needed;
  information about the defendant;
• the plaintiff’s demands, a statement of the essence of his claims related to the violation of his rights or the potential possibility of their violation;
• an indication of the amount of money that it was decided to collect/challenge (the cost of the claim);
• circumstances that are the basis for filing claims;
• evidence to substantiate the above circumstances;
• list of documents attached to the application;
• date of.

If not all information about the defendant is known, for example, there is no information about the place of his actual residence, only indicate. In this case, the judicial authorities will determine the place of actual residence of the defendant. If it turns out that the defendant lives in another area, the statement of claim will be redirected to another department of the court.

Features of the prosecutor's claim

Sample statement of claim to the magistrates' court

When an application is submitted by a person, it is aimed at respecting the interests and rights of the state. In this case, in mandatory all specific interests are listed, as well as the rights that have been violated, all this is accompanied by a mention of regulations that contain data on how the mentioned interests should be protected.

Sometimes the prosecutor files an application to protect the rights of a specific citizen. In this case, it should be mentioned that the citizen himself is not able to submit an application to protect his interests. Alternatively, the prosecutor's service can enter information that there was a citizen's appeal.

Special points of the application

It is not forbidden to include additional contact information in the application. These may be the parties' telephone numbers, fax numbers, Email. If any information can help in considering the case, it can also be included in the document.

Features of drawing up an application in the presence of several persons as one of the parties

More than one person can act as a plaintiff

Often there are several people acting as plaintiffs. A similar situation may arise in relation to the defendant. In any case, there must be one statement of claim. This document should be submitted to the appropriate .

When drawing up such a document, all plaintiffs/defendants are listed and exact information about them is indicated. This is an indispensable condition, because otherwise the court staff will not be able to summon all parties in full.

When drawing up such claims, it is necessary to distinguish between persons participating in the role of one of the parties and those who are a third party. The difference is that third parties are not directly related to the claims in question. Even if their interests are affected, it is in a secondary manner.

Claim form

Drawing up a statement of claim without strictly following the generally accepted form will not end well. It is better to take a standard form of such a document in advance from the court where you decide to file the application. If you encounter difficulties in preparing a document, you can contact a consultant for help.

Structure of the claim

Regardless of the content, the structure of the claim is always the same. The application must have 3 components:

1. Introduction. This part consists of information about the parties (full names, addresses), an indication of which judicial authority the application is being submitted to. The introduction is written in the upper right part. The price of the claim is also indicated here.
2. Description. This part comes immediately below the title of the document itself. It contains the circumstances stated by the plaintiff, indications of rights, interests that have been violated or are in a state of potential possible violation. You must write here clearly, accurately, observing business style. Emotionality and colorfulness are not acceptable. References to specific articles of the law are required.
3. Conclusion. Here we need to summarize and list the requirements. This part should begin below the main one by skipping a line. The first word should be: “Please.” Below the conclusion, on the left is the date when the application is submitted to the court, and on the right is the signature of the plaintiff, deciphered in brackets.

Features of an application to the magistrate's court

Writing a statement follows the same principles as statements in district court. There are no significant differences. The main thing is not to forget to correctly indicate at the top the name of the court to which the application will be submitted. The full name of the magistrate is not written, such a requirement is in regulatory documents No.

The statement of claim must be accompanied by documents that will help understand the case. Their list is included in the application itself; the date and signature of the plaintiff are also placed at the end.

The right to write a statement of claim

The statement of claim must be written clearly

The need to follow generally accepted standards by indicating certain articles in the statement of claim current legislation, makes drafting this document a challenging task. Therefore, many people prefer to turn to professional lawyers for such a service.

This is permitted by law. Even if you decide to file a claim yourself, it is better to have it checked by a lawyer. After all, the presence of inaccuracies and errors will cause the court office to refuse to accept the document. It will have to be rewritten. As a result, this may take an indefinite amount of time.

Features of writing an application

As already noted, the main style of presentation in the statement of claim is businesslike. The available facts should be accurately presented, descriptions, comparisons, and figurative expressions should be avoided; deviations and ambiguity of interpretation should not be allowed. We need numbers, specific facts that are directly related to the case. Syntactic structures need to be simplified to prevent court representatives from misunderstanding your position.

Content Features

Courtroom

It is prohibited to draw up a statement based on data that cannot be confirmed or substantiated. Unsubstantiated statements and lack of a proven point of view will play in favor of the opposite side. All important circumstances must be correlated with certain articles of current legislation. Both the articles themselves and those needed in this moment points.

If links are to financial documents, for example, checks, receipts, copies of them must be attached to the submitted application; the same rule applies to, etc. It should be taken into account that the authenticity of copies of payment documents must be certified. The procedure for their certification varies depending on the circumstances.

Anyone can go to court to protect their interests. To achieve full respect for your interests in court, you must correctly draw up a statement of claim. After all, this document reflects the position of the plaintiff and substantiates the legality of his claims. Therefore, it is necessary to follow all the rules for drawing up this document and not deviate from them.

If you have no experience in writing such a statement, it is better to seek help from professionals. For them, compiling similar documents– a familiar activity, so everything will be done quickly and without errors. Of course, such a service is paid. However, the possibility of losing in court due to an incorrect interpretation of your position can bring more losses.

Educational video - World Court - history and modernity: