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How to draw up an objection on the statement of claim


How to draw up an objection on the statement of claim</a>

If you believe that the claim brought against you is unfounded, you have the right to file an objection to the statement of claim.

Objection should be distinguished from a counterclaim, which generates an independent judicial process.

This is rather a response, which is one of the means of protecting the defendant against the plaintiff.



Read the statement of claim and determine what evidence (documents, evidence) you can submit in order for your objection Was justified.


The objection is filed (or sent by letter with notification) to the court that accepted the statement of claim, and is written in the name of the judge in charge of the case.


Indicate, on behalf of whom the given objection (Name of person or company name), addressPermanent registration, date of birth, place of work). Specify both the name (name), date of birth, place of work, and address of the plaintiff's permanent registration. The data of the plaintiff can be taken from the agreements concluded between you, or from the text of the statement of claim.


Submit your objection to the claim. Please note: all of them must correspond to reality, to be in essence the declared requirements and without fail to contain references to laws and other normative acts confirming your position. List all the evidence needed to substantiate your position.


At the end of the text of the objection ask the court forPartial or complete refusal to satisfy claims. You can supplement the text with applications for demanding other evidence in the case at the moment at the plaintiff's place, or on calling in the court additional witnesses that may shed light on the essence of the claims.


In the appendix to the objection, list the listDocuments and certified evidence that is evidence in your defense. It will not be superfluous if you specify phone numbers or e-mail addresses where you can always be found, which is necessary for timely and proper consideration of your case.


If your plans do not include deliberate delaying the case, imagine objection To the court as early as possible, so that the plaintiff could get acquainted with him before the trial. However, it is up to you whether you should dedicate it to all the subtleties of your future defense during the process.

How to draw up an objection on the statement of claim Was last modified: May 21st, 2017 By Homhiezq
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