Objection to the claim for debt collection

What is a statement of claim and objection to a statement of claim?

A claim for debt collection is a procedural document submitted to the court by a person (plaintiff) who believes that his rights have been violated by the non-fulfillment of a debt obligation by the second party (defendant).

Objection to the statement of claim is a procedural document submitted by the defendant in case of disagreement with the claim.

In the objection, the defendant sets out his arguments against the claim, refers to facts, evidence, legal norms that refute the plaintiff’s arguments.

The purpose of the objection is to convince the court to reject the claim in whole or in part. Filing an objection is an exercise of the defendant’s right to defense.

What should the objection contain?

The objection must contain the following information:

• Name of the court to which the objection is filed.
• Full name (surname, first name and patronymic) of the defendant and his place of residence or stay.
• Full name (surname, first name and patronymic) of the claimant and his place of residence or stay.
• The name of the claim to which the objection is filed and its details (case number, date of receipt, etc.).
• The content of objections to the subject of the lawsuit – the defendant’s well-founded arguments about why he does not agree with the lawsuit in whole or in part. References to evidence, legal norms, etc.
• Petition of the defendant – for example, to stop the proceedings in the case, request additional evidence, conduct an examination, etc.
• List of attachments to objection.
• Signature of the defendant or his representative with indication of the date.
• List of benefits granted to the defendant upon payment of the court fee (if any).

Circumstances that indicate the groundlessness of the claim

Such circumstances in particular include:

• Actual unconfirmed receipt of funds.
• Invalidity of the loan agreement or other document on the basis of which claims are made.
• Inconsistency of the amount of the debt with the actual amount of the debt.
• Significant violations of the rules of jurisdiction or other procedural order.

Measures for comprehensive and objective consideration of the case

The defendant can also propose measures to the court that he considers necessary for a comprehensive and objective consideration of the case:

• Demand additional documents or other evidence from the plaintiff that confirm the fact of the debt and its amount.
• Appoint an expert opinion on the case – accounting, handwriting, etc. An expert opinion can confirm or deny the fact of debt.
• Take care of review and research of written or material evidence in the case.
• Submit a request to stop the proceedings in the case due to the impossibility of considering the case until the previous issue is resolved in another process.
• Dismiss a judge or expert in case of doubts about their impartiality.

Such petitions of the defendant are aimed at comprehensive consideration of the circumstances of the case and protection of his rights and legitimate interests.

Objection to the lawsuit is the key to successfully protecting your interests in court!

Have you received a statement of claim and do not agree with the requirements? Don’t panic! Qualified lawyers of the company “Prykhodko and partners” will help prepare a substantive objection.

We will carefully study the circumstances of your case, advise on possible arguments against the claim, and collect the necessary evidence. Our lawyers will represent your interests in court proceedings. We are determined to have a constructive dialogue with the opponent for the peaceful settlement of the dispute. But we are also ready for decisive legal protection!

Entrust the preparation of objections to professionals! Contact “Prykhodko and partners”.