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The Civil Procedure Code of the Russian Federation provides for the regulation of the procedure for filing a claim in court. Also, this Code regulates the process of consideration of a claim through a court.
Before filing a lawsuit, it is necessary to determine to what extent the case is a defendant, and who will handle it.
The justice of the peace in the court of first instance has the right to decide whether or not to issue a court order. He also dissolves marriage bonds, but only if the divorcing parties are not going to start a dispute about children, and deals with the division of the property of the spouses, which they have acquired together, although in this case the claim price cannot be more than one hundred thousand rubles. Also, he can solve cases that arise in relation to family rights, and property cases. The competence of magistrates cannot include disputing or establishing paternity.
Other matters, including family matters, where required establishment of paternity by Lab-Dnk, district courts are involved. Only cases that other courts deal with, for example, supreme republican courts, regional, regional courts, city federal courts, and courts belonging to autonomous regions and districts, are not within their competence.
The Internet search engine will kindly provide you with the addresses and telephone numbers of all these courts.
If several claims must be combined, the subject of the claim must be changed or a counterclaim must be filed, and these new claims must be submitted to the district court for consideration. The same can happen if the magistrate decides to take the case to trial and changes its jurisdiction. Then the case will be transferred to the district court.
So, you have figured out what court you need. What to do next? Next, you begin to file the claim itself. The following should be specified in this document:
1) What is the name of the court in which you want to file a claim.
2) What is the plaintiff's name and where does he live, if the plaintiff is a natural person. The legal entity will need to indicate the name of the organization and its address. If the application is submitted by a representative, it is necessary to specify his name and address.
3) The application is followed by a designation
4) Name and address of the defendant, if he is a natural person. If the role of the defendant is assumed by an organization, it is necessary to indicate its name and address.
5) How exactly were the plaintiff's rights violated, or what is the threat of violation of his rights. It also specifies the claims made by the plaintiff.
6) Next, it is necessary to describe the circumstances on the basis of which the plaintiff's claims are advanced, as well as to provide evidence confirming these circumstances.
7) Calculate the price of the claim, if it can be estimated. It is also necessary to calculate disputed or recovered amounts.
8) Provide information that it is necessary to observe the pre-trial order of addressing the defendant. This is mentioned in the contract or established by federal law. A copy of the receipt stating that the pre-trial claim was sent by mail, a description of the attachment, as well as a notice of acceptance of the claim and the claim itself are required.
9) Attach other documents
Also, the claimant can attach to the claim any additional information related to the case.
After drawing up the claim, it is necessary to understand whether you need to pay state duty for this case. If a state fee is required, pay it and attach the original payment receipt to the claim.
The state duty is established by the norms of the Tax Code of the Russian Federation, so it can be easily calculated. There are also special calculators that will help you cope with this problem. They are usually posted on the courts' website.
Important!!! Copies of the claim and the documents attached to it must be issued to the parties involved in the case.
The claim and copies are submitted either in person to the office of the court's office, or sent by registered mail.
