Claims - is not just letters and legal documents, which require proper registration.Any deviations from the rules are extremely undesirable.This article will be discussed on how to be prepared, drawn up and sent to this type of document.
main stages of preparation
to issue writs competent, professional technicians engaged in the practice of law, procedure of preparation is divided into several stages.
- first.It is important to accurately determine the coordinates of the defendant.The actual location of the destination can sometimes be different from the information provided.
- second.It is necessary to develop a unified strategy, which will be the key to success.A professional lawyer will calculate all the most advantageous option for the question and answer process.
- third.Claims must be properly drawn up.If you do not speak legalese, then seek professional help.
How to make a claim
statement served to the court in writing.It consists of three parts.
Background:
- must specify the name of the judiciary, in which the plaintiff appeals.
- Last name, first name and address.
- Name (full name or company name) and address of the defendant.
Actual:
- sure detailing all the events relating to the issue.
- not allowed repeats allegations and insults against the defendant.
- writing style should be the official and competent to prove his evidence and references to legislation.
- necessary to specify the pre-trial resolution of the dispute (submission of claims to the date).Be sure to register a claim letter from the defendant.
- The document shall be given the existing articles of normative legal acts, confirming the rights of the citizen, and violation of the defendant's liability.
final:
- Appeals and demands of the plaintiff to the court (example: ask forcibly collect the money from the defendant, to terminate the contract, return the thing).These actions must be supported by provision of law.
Claims must be filed with copies of documents (Article 132 of the Civil Code):
- copy of the application to the number of defendants and third parties.
- power of attorney for the representative's authority plaintiff.
- documents that prove the circumstances in which the plaintiff claims set out (expert, the sales contract, the act of transfer and acceptance of goods, guarantee letter, a copy of these documents to the defendant and third parties).
- claim, the answer to it (if any).
- calculation of the amount of money for the collection, which was signed by the plaintiff and his representative with copies of the number of defendants and third parties in the process.
- The plaintiff has the right to provide any other evidence relevant to the case (photos, damaged goods).
- statement signed by the secured party or his representative with the date.
Sending documents
filing a claim is made after compliance with pre-trial rules and dispute settlement (provision claim letter to the defendant).
important nuance:
- If the document is brought directly to the court, then it put a mark of acceptance, otherwise it will be left without movement.For applications sent by mail, it is not necessary.
- It is very important to pay attention to the font.It should be easy to read.Important details should be allocated using blackface.
- Observe the limitation period (three years).Applications submitted later may not be accepted.
observing all the rules and regulations in the preparation and filing of documents, you can count on a positive outcome of the judicial process in your favor.
