Response to the claim for debt collection

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Response to the claim for debt collection

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The importance and role of feedback

The response to the statement of claim is defined as a procedural document, which is a key tool for defending the defendant before the court. The appeal provides an opportunity for the defendant to present his objections and provide relevant facts and evidence, which contributes to the objective consideration of the case.

 

Content of the review and mandatory points

In particular, the feedback states:

  • surname, first name, patronymic (first name) of the plaintiff and case number. This is necessary for proper identification for the legal proceedings in which the response is filed.
  • full identification information about the defendant: full name of a natural person or name of a legal entity, place of residence/location, registration data. Such information is included to confirm the identity of the defendant.
  • recognition by the defendant of claims in full or in part, if this is the case.
  • the circumstances of the case recognized by the defendant and the legal assessment agreed upon by him. This helps to find out and clarify the facts that the parties consider to be established.
  • the defendant's objections to the facts, circumstances and legal grounds of the claim, which he does not recognize, as well as references to evidence of such objections.
  • a list of evidence that is being submitted or will be submitted later.
  • defendant's disagreement with court costs.
  • an approximate statement of the defendant's own legal expenses in the case.

The response discloses the defendant's position in the case in detail and contains all necessary objections and references to facts and evidence.

Details and documents that are also important

For greater persuasiveness of the response and justification of the defendant's position, certain documents are attached to it.

First, these are evidences to confirm the circumstances, which are objected to in the response. If the plaintiff did not provide such facts and evidence in his statement of claim, the defendant must attach them so that the court has the opportunity to properly clarify the actual circumstances when considering the dispute.

Secondly, documents are attached that confirm the sending of copies of the response and attached evidence to the plaintiff and other persons involved in the case. This is necessary to comply with the principle of competitiveness - so that all parties have the opportunity to familiarize themselves with the opponent's position and submit objections.

Importantly! If the response is signed by a representative of the defendant, a document on his authority (power of attorney, warrant, etc.) is attached.

Appendices to the appeal provide justification of the position and implementation of the defendant's procedural rights in the case.

 

Deadlines to be followed

In accordance with procedural norms, a response to a claim is filed within the time specified by the court. This period is at least 15 days from the moment when the defendant received the court's decision to open proceedings in the case.

Such a term is the minimum necessary for the defendant to be able to properly prepare objections, collect and submit evidence, and carry out other procedures to form a sound legal position.

If the defendant does not submit his response within the prescribed period without valid reasons, the court considers the case based on the documents and materials available to him.

Legal assistance is your way to a result

We realize how difficult the process of preparing a well-founded and convincing response to a claim for debt collection can be. After all, the success of the case will depend on the quality of such feedback. That is why our law firm "Prykhodko and Partners" is always ready to provide assistance in drafting reviews of any level of complexity.

By contacting us, you will receive the most effective protection of your rights when considering a dispute in court.

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