In Russia there is an opinion that it is impossible to go to court without the help of professional lawyers. But this is not so.
In the very procedure of going to court there is nothing complicated, and the court can often solve many problems in a civilized way.
Try it, because you will not lose anything.
Any citizen is able to defend his rights himself.
You will need
- 1. The Code of Criminal Procedure and the Code of Civil Procedure (depending on the category of your case) -
- 2. computer and printer (or several sheets of A4 paper and a pen).
Determine which court you want to contact yourProblem. If you are an individual and file a claim with an individual, the court will be in the area where you are registered. If the claim is against a legal entity, your case will be considered by the court at the location of the legal entity. In addition, determine the court of which instance will take up your case. It can be a world court, a district court or a court of a subject of the Federation. The categories of cases and their jurisdiction are clearly defined in the Criminal Procedural and Civil Procedure Codes.
Write a statement of claim. In it, you (the plaintiff) in free form indicate what you are accusing your opponent (defendant), and what you want from him as a result of satisfaction of the claim. The application must state:
1. The name of the court where the claim is filed
2. The full name of the claimant and the defendant, their place of residence-
3. The essence of the claim (in which you accuse the defendant) -
4. on what do you base your accusations-
5. requirements to the respondent-
6. list of attachments to the statement of claim.
The statement of claim is drawn up in triplicate and signed by the plaintiff.
Make an appendix to the statement of claim. This can be your calculations (for example, calculation of alimony) or evidence expressed in writing.
Pay the state fee. On its size can be found in the court or in the nearest branch of the Savings Bank, where they accept tax payments. In the same place you will find a sample of the receipt for payment of the state duty. Keep in mind that in some cases the state duty is not charged (for example, on labor disputes).
Confirm the statement of claim and take it to courtOr send it by mail (by registered mail with a list of attachments). If the application is accepted for consideration, you will be given the date of the hearing. If you do not accept, you will have to eliminate those defects that the court will tell you.
In advance, worry about the evidence. Collecting them is your responsibility. Proofs are: your explanations and explanations of the defendant, testimony of witnesses, written and material evidence, testimonies of experts.