How to sue?
Many modern people have problems, situations that can be solved only with legal assistance, that is, going to court. But how to properly go to court, where to start? In order to correctly resolve everything, you will need a complete understanding of all the legal nuances.
What is a lawsuit?
How to sue? A lawsuit is a document sent by a claimant to a court in the form prescribed by law. It includes all the requirements of the plaintiff for the forced protection of the violated right, interest. The outcome of the case depends on how the claim is drawn up and executed.
When drafting a claim, you must:
- to analyze the jurisdiction and jurisdiction of the dispute to a specific judicial authority in order to determine which court to file a lawsuit;
- right, calculate the state fee;
- to collect a package of documents.
Which court to apply
Based on the criteria below, we determine the range of issues on which it is possible to file a lawsuit. The following are what cases are considered by the courts.
- Magistrate's Court:
- Questions about the issuance of a court order;
- Questions about divorce, in the absence of disputes between spouses about children;
- Questions about the separation between the spouses of jointly acquired property in a marriage, with the amount of the price in the statement of claim not more than fifty thousand rubles;
- Other issues identified by family law relations (with the exception of such issues as denial or establishment of the fact of paternity, deprivation of parental rights, adoption of the child).
- Questions about property disputes in the amount of the price of the claim, not exceeding fifty thousand rubles;
- Questions about the establishment of procedures for the use of property;
- Other issues related to the jurisdiction of the justices of the peace.
- Arbitration court
- When considering disputes arising from civil and other economic relations, as well as disputes related to conflicts in the sphere of administrative legal relations, such as: disputes between organizations, individual entrepreneurs;
- issues in the field of disputes between the Russian Federation and the subjects of the Russian Federation, or between the subjects of the Russian Federation.
After determining the jurisdiction and jurisdiction of the dispute, collecting the necessary package of documents, you should start writing a lawsuit that meets the general requirements and rules.
How to properly make and file a lawsuit
So, how to make and file a lawsuit in court. When making a claim, the following parameters are indicated:
- the name of the court to which the application is sent;
- the name of the claimant;
- the name of the defendant;
- an indication of the violation or threat of violation of the rights, legitimate interests and freedoms of the claimant with the designation of its requirements
- data on compliance with the claim, pre-trial appeal to the defendant (if necessary);
- list of documents sent with the claim.
Simultaneously with the claim, a package of documents is being assembled: a copy of the statement of claim with documents confirming that the documents were sent to the respondents; receipt of payment of state duty; documents referenced in the lawsuit, as well as their copies for the defendant. If the claimant is a legal entity, additionally attached to the application are copies of: the charter, registration certificate, order appointing the head, an extract from the Unified State Register of Legal Entities (EGRIP) for the arbitration court.
Try not to skip any of the listed items, because each of them is very important in its own way. If, nevertheless, you are frightened by ambiguities or it seems to you all this is very difficult, contact a legally competent person-lawyer, lawyer.