Фото: A statement of claim in a civil process: requirements for registration and submission

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A statement of claim in a civil process: requirements for registration and submission

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Every person can apply to the court in order to protect his rights (Part 1, Article 3 of the Civil Code of Ukraine). For this, it is necessary to file a claim - a procedural document, the contents of which indicate the requirements to protect the violated rights of the person.

You can exercise your right to a lawsuit by filing a lawsuit with mandatory compliance with certain rules for filing it. It is from the filing of the application that the process of civil litigation begins regarding the issue of resolving the dispute between the plaintiff and the defendant - its participants.

Requirements for the content and design of the claim statement

statement of claim

The statement of claim must be drawn up taking into account the requirements, have content and form, according to Art. 119 of the Civil Code of Ukraine and contain the following information:

  • the name of the court to which the person will apply with a claim
  • the name of the plaintiff, and, if the application is submitted by his representative, the name of the representative
  • place of residence or location of the plaintiff, his zip code, phone number
  • in the case when the application is submitted by the plaintiff's representative - indicate his place of residence or location, postal code and telephone number
  • the price of the claim (if there are property claims)
  • the name of this document is indicated "Summary statement"
  • plaintiff's signature/date

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The claim must contain all the information that influenced the reason for the appeal to the court. That is, the plaintiff must describe the circumstances under which his rights were violated; their requirements to the defendant; provide evidence that is confirmation of the information stated in the claim.For this purpose, the plaintiff must provide copies of those documents that are confirmation of the circumstances stated in the statement of claim. For example, an agreement on the performance of certain types of work.

Finally, it is necessary to adhere to the established rules for filing a claim. In case of mistakes in the registration, the court will issue a decision, leaving the lawsuit without further movement. This document will be sent to the claimant by post. The applicant will be given time to correct errors in the document. If the plaintiff eliminates the deficiencies within the set time, the date of the filing of the statement of claim will be considered the date of the first appeal to the court, or a stamp with the date of sending the document on the envelope.

Recommendations on how to file a claim

  • Writing a statement in clear, understandable language, without using emotionality
  • Make reference to the legal framework
  • Add all the evidence available to the claimant, indicating the violation of human rights

Original receipts for payment of the court fee and information and technical support for the case should be attached to the claim. Some people may be exempt from paying for these services. In this case, it is necessary to indicate the grounds for dismissal.

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Rules for submitting a claim to the court

Where to start when deciding to file a civil lawsuit in court:

  1. Determine, according to the rules of jurisdiction, to which court you need to apply with the application
  2. Determine the value of the property or funds that relate to the plaintiff's claims against the defendant
  3. Pay the court fee and the cost of information and technical support of the process

In Ukraine, you can file a lawsuit:

  1. Personally, by applying to the court, where it will be registered by the clerk's office;
  2. Send by mail, registered letter with a description of the documents attached to it;
  3. In electronic form.

The terms of filing a claim with the court provided by law

According to Art. 57 of the Civil Code of Ukraine, it is possible to file a civil lawsuit in court within the next three years after the person learned about the violation of his legal rights, or about the person whose rights were violated.

The process of filing a claim is complex and requires in-depth knowledge of legislation and legal procedures. An incorrectly completed application can lead to delays in the consideration of the case or even its rejection. That is why entrusting this matter to professionals is the best solution for protecting your rights and interests.

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Our team of experienced lawyers of the company "Prykhodko and Partners" is ready to take on all the hassles associated with the preparation and filing of a claim:

  • We will carefully analyze your situation and select the most effective protection strategy.
  • We will competently prepare a statement of claim, taking into account all the legal requirements and nuances of your case.
  • We will take care of the correct execution of all necessary documents.
  • We will submit an application to the relevant court in a timely manner, observing all procedural deadlines.
  • We will support your case at all stages of the court process.

Do not risk your rights and interests - entrust their protection to professionals. Contact us today, and we will provide you with reliable legal protection and the maximum chances of success in your case. For a consultation, fill out the form below.

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