Waiver of claims - how to write a statement to the court

What is it for?

An application for objection to a statement of claim, a sample of which is not available in civil procedural legislation, must be written to the defendant in order to express his position to the court and defend himself against the specified demands of another person.
As a rule, this document is prepared before the start of the meeting. This can be done either by the defendant himself or by his representative. It should be noted here that an objection to the claim does not need to be written if the latter can explain his position to the court orally. This statement should mainly challenge not the person’s claims, but the very fact of filing the claim. Also, the defendant must attach all available documents that would confirm his inflexible position.

When to file an objection

The civil process is adversarial in nature, so each party must reasonably defend its position. From the moment the statement of claim is accepted and the corresponding ruling is made by the court, the defendant has the right to express his position on the case, which is one of the tools for protecting his interests in court.

At the legislative level, there are no obstacles to considering a case if the defendant’s position is not provided: the court considers the case on the basis of available evidence and arguments. The defendant should always use this method of expressing his position. At the end of 2021, changes were made to the Civil Procedure Code of the Russian Federation to clarify the question of whether it is necessary to send objections to the claim to the plaintiff in civil proceedings: now such an obligation, as in the arbitration process, is assigned to the defendant. Related norms of law that previously affected this process have undergone changes (part 4 of article 132 of the Code of Civil Procedure of the Russian Federation, part 2 of article 150 of the Code of Civil Procedure of the Russian Federation).

To make your claim more convincing and help solve the problem, study court decisions on similar cases. The database of judicial practice in ConsultantPlus will help you find them (get free access to it by clicking on the link below). The database contains decisions of all Russian courts, and the search is as simple as in Yandex. Be sure to refer in the text to those cases that the court decided “in your” favor.

How to write an objection to a claim?

After receiving a copy of the statement of claim, the defendant can file an objection to the claim of the housing and communal services sector, bank, other legal entity or citizen, where he sets out the circumstances as they appear from his position. Although the legislation does not provide for special requirements for its form and content, the outcome of the dispute largely depends on this document.

ATTENTION: often within the framework of a case it is necessary to draw up a counterclaim, in addition to an objection to the stated claims. There are also cases when you will need an objection to a counterclaim.

The defendant presents objections to the statement of claim for a loan, debt, eviction or other circumstance in a reasoned manner, strictly adhering to the norms for drawing up official documents.

The defendant's point of view on the situation may be completely different from the plaintiff's. To substantiate your own vision of the problem, it is advisable to systematize your arguments, for which a written form of objection to the statement of claim drawn up by a professional is more suitable. The lawyer will determine the possible incorrect choice of legislative norms used by the plaintiff, or discover procedural errors.

For example, let’s consider an objection to a statement of claim for debt collection or compensation for damage caused to the plaintiff, which is important not to forget:

• description of the essence of the claim;
• an indication of the provisions of the description of factual circumstances disputed by the defendant;
• legal basis for disagreement with the presented requirements (citing articles that substantiate your position);
• justification of the reasons for not accepting the plaintiff’s claims (for example, in the case of a statement of claim for the division of jointly acquired property, it is more correct to present your estimates of the value of the disputed property);
• presenting evidence on which to base your arguments or requests to obtain evidence in cases where it is not possible to present it yourself;
• a request from the defendant, which he sends to the court, with a possible solution to the dispute.

Before writing an objection to the statement of claim, you need to collect documentary evidence that you are right.

Types of clarification of claims

An application for clarification of requirements can be submitted only by the plaintiff or his representative (if he has a power of attorney to represent interests in court). Other persons participating in the case do not have such rights. A statement based on the presented sample is drawn up in cases where the plaintiff finds it difficult to determine which element of the claim he is changing.

For specific cases, you can use sample statements about:

In the case where the plaintiff refuses some demands without presenting new ones, it is necessary to draw up a statement of waiver of the claim in whole or in part. If only the legal basis of the claim changes (or is supplemented), clarification of the claims or written explanations of the claim are provided.

Clarification of requirements is allowed at any time before the court decision is made. In this case, the plaintiff may not explain in court the reasons for his desire. However, the parties should listen to the judge's questions. They can play a significant role in shaping the positions of the parties.

Read more: How to apply for a tax deduction through your personal account

Decor

To the court of ____________ (city, district, region)

from _____________________ (data from the defendant)

address________________

according to the claim of ______________________ (full name of the applicant)

place of residence________________

Objection to the claim

The plaintiff filed a claim for _______________ (indicate what exactly the applicant is asking for). I do not agree with these requirements for the following reasons (it is necessary to explain it reasonably and clearly, perhaps with references to articles of the law).

The arguments I have indicated are supported by the following evidence (witness testimony or documents).

I believe that the plaintiff’s claims should be denied (on the basis of what and why).

Based on the foregoing

Refuse a person to satisfy the claim in whole or in part.

Attachments (documents confirming the defendant’s position).

Date _________

Signature ___________________ (transcript)

It is worth noting here that an objection to the court to the statement of claim, a sample of which is presented above, can be drawn up not only by the defendant, but also by a third party if he believes that the stated demands are illegal and unfounded.

Filing an appeal

It is advisable to file an appeal in court if the judge does not take into account circumstances and facts that could change, soften, or tighten the conclusion or sentence of the court. The most common reasons remain a superficial consideration of the factual basis and refusal to involve witnesses.

What serves as the basis for filing an appeal:

1. The district court refused to take into account important circumstances of the case and witness testimony.
2. The facts received a different interpretation during the review process. Actions qualified by the court as facts do not correspond to reality.
3. The rules and regulations of the process were violated.
4. The parties were not read out their rights; the decision was made without the participation of the plaintiff, defendant and other participants in the process.
5. The court's ruling does not comply with current legislation.

The procedure for filing an appeal is regulated by law; if the complaint is sent in writing through the post office, the postal stamp indicates the date the document was sent.

How to file an appeal against a district court decision

The appeal, which is written against the decision of the district court, is drawn up according to the form. When compiling, indicate the following information.

1. The court to which the complaint is sent.
2. Passport details of the applicant (full name, registration address).
3. Participant data (full name, registration details, telephone numbers).
4. Details of the court decision or sentence (number, date, composition of judges).
5. Fabula (descriptive part).
6. Applicant's requirements.
7. Evidence base that supports the requirements.
8. List of documents.
9. Signature, date of writing.

You can correctly draw up a paper for the appellate court yourself if you have the necessary legal knowledge. The narrative and requirements sections do not have clearly established writing rules.

To ensure that the applicant’s demands are correctly formulated and supported by relevant legal provisions, it is recommended to contact a practicing lawyer. All changes to the codec of the Russian Federation must be taken into account.

The first copy of the application is sent to the court, copies are sent to all parties. Receipts for sending documents to interested parties are attached to the package.

Filing an appeal against a court decision in a civil case

An appeal filed against a judge's decision in a civil case is considered by the same body that made the initial decision. An appeal must be filed within 30 days after the decision is announced.

To file a complaint in a civil case, you must pay a state fee, which is provided for sending an appeal to the first court. After paying the fee, be sure to attach the receipt of payment to the package of documents.

READ A short appeal to the court: what it is, how to draw it up and submit it

Transfer of the document is possible in person to the office or via mail, by letter with notification. The appeal is registered in the office, the applicant receives a dated receipt.

After paying the state fee, it is recommended to make a copy of the receipt. There are cases when payment documents are lost in the courts. Receipt restoration is only possible using a copy.

Appeal against the decision of the arbitration court

In the arbitration process, disputes related to the restoration of justice in the economic field and the sphere of private and collective entrepreneurship are resolved. The rules for the consideration of arbitration processes are regulated by the Arbitration Procedure Code of the Russian Federation, Chapter 34.

Challenges to the arbitration court are filed by the participants in the proceedings, as well as by persons who are in one way or another connected with the work of the companies and may suffer from the findings of the district court.

The deadline for sending an appeal in arbitration is reduced to 10 days if one of the parties involved in the case is held administratively liable by a court decision (a fine for illegal business activity, the accrual of penalties, etc.).

The arbitration judge schedules a technical hearing within 5 days from the date of receipt of the case and gets acquainted with the legal part of the document. As a result, it makes a determination whether the case is subject to consideration on its merits or not.

If the document meets the requirements, all participants in the process are informed by written notice of the opening of legal proceedings. The court informs about the start date of hearings by notifications, telephone calls, and through legal representatives.

Sample objection to a counterclaim

In cases where the defendant has received notice that a claim has been filed against him, and he does not agree with the requirements, he can immediately file his written objections with the court.

During the trial, the defendant can describe in writing his disagreement with the plaintiff’s demands by filing an objection to his statement of claim using the sample. Submission of a document is possible only in civil cases - property disputes, divorce proceedings and many other types of proceedings between citizens.

The objection may concern any aspect of the case – both the plaintiff’s claims themselves and possible violations on the part of the judicial authority. Therefore, there are 2 large groups of similar documents:

1. Objection of a substantive nature – a citizen or group of citizens dispute the validity of any claims against them. The document describes the essence of the objections, makes references to the legislation and provides the relevant evidence base (documents, witness statements, video, audio recordings and others).
2. A procedural objection does not attempt to somehow disagree with the claim itself. However, the defendant insists that the methods of conducting the process itself are violated. There can be many reasons for this:

• the present case has already been decided by a court in the past;
• the plaintiff took too long to go to court and, without good reason, violated the established deadlines for filing a claim (statute of limitations);
• a very common violation is applying to an outside court, i.e. violation of jurisdiction, etc.

We invite you to read: Appealing decisions in administrative cases: procedure, features
There may also be a combined option, when claims are filed both on the merits of the claim, and due to the fact that, in the opinion of the defendant or another citizen, certain rules of procedural law were violated.

Regardless of the nature of the objections to the statement of claim, the form, content and sample of the document do not change - the objection itself is drawn up in writing and attached to the case along with all other documents.

There is no clearly established template for such a document, but in practice it is generally accepted that it contains the following points:

1. A header indicating the full name of the judicial authority where the case is currently being conducted, full name and contact information of the plaintiff, defendant and all third parties (if any).
2. A descriptive part, which provides a link to the claim itself (name, date, for what case), the fact of disagreement with the statement of claim with a precise indication of your objections. References are provided to the legislation, as well as to evidentiary documents that the defendant is ready to provide to the court to confirm his position.
3. Petitioning part – here the citizen’s demands are briefly indicated. Usually the entry “I ask you to refuse to satisfy the plaintiff’s demands in the statement of claim” is given.
4. Appendices containing a list of documents attached by the defendant to its objection to substantiate its position.
5. Date, signature with transcript.

An objection can be filed at any time during the trial, during the preparation stage. The right to file a document arises from the moment the plaintiff files an application and until the court decision on the process has entered into force and until the deadline for appealing this verdict has expired.

You can file an objection:

• the defendant himself;
• any third party interested in the outcome of the litigation;
• representatives of citizens who can act under a power of attorney signed by a notary.

The document does not require certification by a notary and is submitted free of charge, without additional payment of state fees. It can be brought into play in two ways:

• directly bring it to the office of the judicial authority (the secretary makes a record of the receipt of the document);
• via mail - it is always better to send by registered mail and do this in advance so as not to delay the proceedings.

NOTE. In most cases, in the court office or on the court information board stand, among the documents you can find a sample of filling out an objection to any statement of claim. You can use this form.

As such, there are no legal requirements for a sample objection to a statement of claim. However, it is better to take into account several points that are generally accepted in the field of judicial document flow:

1. The text should be kept as brief as possible - so that it fits on 1-2 pages.
2. At the same time, you need to provide an exhaustive list of your objections, trying to indicate them as specifically as possible. It is advisable to provide the basis for each disagreement in the form of a reference to a rule of law or a document serving as evidence in favor of the defendant.
3. The style of presentation is as close as possible to official business: the absence of colloquial, emotionally charged words, etc.

Thus, the main goal of the objection, which is drawn up upon filing a statement of claim, is to reasonably win the judge over to your side already at the initial stage of the consideration of the case.

In judicial practice, there are 3 quite common cases of response from a defendant who, from the very beginning, does not agree with the actions of the plaintiff:

1. Objection.
2. Review.
3. Counterclaim.

Objection and review

In form and in essence, the response and the objection are practically no different - the defendant equally has the right to submit both documents. According to the sample, the response completely coincides with the form of written objections to the statement of claim.

The response reflects the position of the defendant, his legal attitude to the ongoing process and does not always contain disagreement. Thus, the review aims to explain to the court your opinion and justify it in writing. At the same time, an objection is always drawn up precisely on the basis of complete or partial disagreement.

Another difference is that if the objection is applied only in civil proceedings, then the response can be filed in both civil and arbitration cases. In the latter case, filing a response is not a right, but an obligation of the defendant, since in economic disputes each party must clearly formulate its initial position.

We suggest you read: Where to go to apply for alimony

A counterclaim, in contrast to an objection, is not only a written reflection of disagreement with the plaintiff, but also counterclaims, to which the plaintiff, in turn, has the right to file a response or objection.

You can file a counterclaim at any stage of the process, even while the judges are discussing the decision in the room. In this case, there may be 2 delivery options:

1. Simultaneously with the plaintiff’s application - then both claims are considered initially, within the framework of one case.
2. At any other moment before a decision is made, then the court must resume the proceedings: in fact, a new stage will begin, during which the defendant’s claim will be considered.

A counterclaim is drawn up in exactly the same way as the plaintiff’s statement, and consists of 3 key sections:

1. The introductory part (header), where, as usual, the name of the court, full name of the plaintiff, defendant, and all interested parties are indicated.
2. The descriptive and pleading parts are the actual main text of the application, which indicates the claims against the plaintiff, and, if necessary, provides references to the legislation, as well as to evidentiary documents that the defendant can present to the court. The requirement that the citizen asks to be recognized in court is written down separately.
3. Conclusion, which provides a list of documents and other evidence attached to the application. The date, signature and transcript are added.

A sample counterclaim is presented below.

The main requirement for a statement of claim or an objection to the plaintiff’s statement is to avoid significant errors (full name, details, contacts, name of the court, etc.). If legal errors are made (for example, a citizen mistakenly referred to an article), the price of the claim is incorrectly set, all of them are corrected during the process. Such errors cannot serve as grounds for non-acceptance of the application.

It should also be understood that a counterclaim is not a claim against the plaintiff in general, but only those that are related to the present proceedings on the merits. Those. satisfaction of the counterclaim must completely or partially exclude the possibility of a positive decision on the original one. For example:

1. The essence of the original lawsuit: to exclude the father from seeing his children.
2. Counterclaim: provide such an opportunity.

If the counter-statement contains other demands, the court still accepts them for consideration, but in the framework of another case, not the current one. When filing a counterclaim, you always need to pay a state fee, but when filing a response or objection, there is no such need.

If the defendant completely or partially disagrees with the position of the plaintiff already at the stage of filing a statement of claim, the only way to correctly respond to this fact is to submit your objection according to the given sample. This needs to be done as early as possible, and you need to justify your position as convincingly as possible.

Objections to a statement of claim are a way of defending the defendant in court, representing written explanations by the defendant refuting the plaintiff’s claims contained in the claim. Objections must be supported by evidence, which must be attached to the document.

You can object to procedural violations committed by the plaintiff, for example, when he failed to submit original documents to the court, as well as to the plaintiff’s material claims, for example, if he incorrectly determined the amount of the claim. Not only the defendant, but also a third party in the case can submit objections to the claim.

Lawyer's note: Article 149 of the Code of Civil Procedure of the Russian Federation speaks only about the written form of objections. There are no other special requirements for the execution of this document. Therefore, you should adhere to the rules that apply when drawing up other court documents. The objection to the statement of claim should indicate:

• The name of the court where the case is being heard.
• Name, address of the plaintiff.
• Name, address, telephone, additional information of the defendant.
• Case number.
• Attached is a list of documents supporting the arguments of the objection.

Objections to the statement of claim can be submitted to the court at any stage of the process before the judge makes a decision on the merits.

• In (name of court)_____________________
• _____________________ (court address)
• Plaintiff: _____________________ _____________________
• (name, address)

1. Respondent: _____________________ _____________________
2. (name, address,
3. telephone, email)
4. Case number ____________________
5. Objections to the claim
6. (name of claim)
7. The plaintiff filed a claim for _____________________ against the defendant. The defendant cannot agree with what is stated in the statement of claim for the following reasons:

How to clarify claims in court? | St. Petersburg lawyer Khokhlachev P.G.

(to quickly jump to the section, click on the contents link)

Clarification of claims in court, article of the Code of Civil Procedure of the Russian Federation

When considering a case, the plaintiff often needs to clarify the claims, or change the grounds or subject of the claim. This may arise when the defendant files objections to the claim, as well as when clarification at the court hearing of circumstances that were not previously taken into account or unknown to the plaintiff.

A petition to clarify the claims is filed on the basis of Articles 35 and 39 of the Code of Civil Procedure of the Russian Federation, according to which the plaintiff has the right to file petitions, change the subject or grounds of the claim, and also clarify his demands against the defendants.

The right to file petitions 35 Code of Civil Procedure of the Russian Federation - Persons participating in the case have the right to file petitions, give explanations to the court orally and in writing; present your arguments on all issues arising during the trial.

The right to clarify the claims Article 39 of the Code of Civil Procedure of the Russian Federation - The plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of the claim, or abandon the claim, the defendant has the right to admit the claim, the parties can end the case with an amicable agreement.

It is these articles of the Civil Code of the Russian Federation that the plaintiff will rely on when clarifying the claims. It is important for the plaintiff to understand what exactly the plaintiff wants to clarify.

What can be specified in a statement of claim in a civil court?

These are the components of the claim, which, in accordance with the law, are subject to clarification.

The subject of the claim is the substantive legal claim of the plaintiff against the defendant. Roughly speaking, this is what you want to get from the defendant in your claims.

The cause of action can be divided into two types:

Legal grounds - specific rules of law on the basis of which the plaintiff demands the court to satisfy his claims (for example, according to Article 810 of the Civil Code of the Russian Federation, the Borrower is obliged to return to the lender the received loan amount within the time frame and in the manner prescribed by the loan agreement)

Factual grounds are a set of legal facts on the basis of which the plaintiff considers himself to have the right to demand satisfaction of the claim from the court. (for example, lent money on a receipt, transferring funds to the defendant under an agreement, concluding the agreement itself, etc.).

A claim is a direct demand addressed to the court for satisfaction.

ATTENTION! Do not confuse a change in quantitative requirements with a change in the subject of the claim! An increase or decrease in an already stated claim will be a change in the claim. The addition of a new claim that was not previously stated and does not arise from the stated requirements is a change in the subject of the claim.

How to submit a statement to the court to clarify the claims to the court?

It is better to make a request to clarify the claims in writing, indicating the parties and parts of the claim that you want to change or clarify.

The rules for drawing up a petition to clarify claims are similar to the rules for filing a claim - you also indicate the court to which you are filing, the full names of the parties to the process, what is changing and the reasons for the changes, signed by the party or representative by proxy.

The reasons for clarifying claims can be very diverse. The most common reasons for clarification of claims that occur in litigation are the following:

• “In connection with familiarization with the defendant’s objections, I consider it necessary to clarify the requirements in terms of...”
• “Having read the materials of the civil case and the documents presented by the defendants..”, I consider it necessary to clarify my claims in part...”
• “In connection with the voluntary fulfillment by the defendant of the plaintiff’s demands regarding the repayment of the debt, I consider it necessary to clarify the claims..”

IMPORTANT! According to Article 39 of the Code of Civil Procedure of the Russian Federation, if the refusal of demands or the conclusion of a settlement agreement violates the rights of third parties, the court will not accept it!

In the text of the letter, be sure to indicate what you want to change or add in accordance with Article 39 of the Code of Civil Procedure of the Russian Federation (clarification of claims). If you clarify the claim in part, then indicate in which part of the clarification; if you increase the claims of the claim, for example, in terms of penalties, then additionally provide the court with a new calculation of the claims.

Form for clarification of claims (oral or written)?

The form for clarifying claims is not defined by law. In judicial practice, it is allowed to accept clarifications on a claim, both orally and in writing. The parties according to Art.

35 of the Code of Civil Procedure of the Russian Federation are free to submit petitions, both orally and in writing. The problem here is that your clarification is recorded in the court hearing and in the case materials. Paper will be more reliable.

In practice, the courts try in any case to take a written statement from the clarifying side. Waiver of demands only in writing.

It is recommended to submit clarifications of the statement of claim in writing; your statement will be attached to the case materials, and subsequently, the court will base its decision taking into account your request. The court will not be able to miss your clarification when studying the case materials when making a decision.

If the situation at the court hearing is such that there is a need to verbally clarify the requirements or grounds, it is recommended to additionally use the rule of law part 2. Art. 230 of the Code of Civil Procedure of the Russian Federation and petition the court to include in the protocol information about the circumstances that they consider significant for the case.

Legal regulation

Article 35 of the Code of Civil Procedure provides the opportunity for participants in the process to express their objections to the arguments of other persons. In addition, Article 149 of the Code of Civil Procedure contains a direct indication that the defendant and his representative have the right to object to the stated demands during the preparatory part of the court hearing. Third parties also have this opportunity.

We suggest you read: Submitting an application to the bailiff service

An application for objection to a statement of claim, the sample of which is not established by the Civil Procedure Code and other procedural documents, must be written in any form, but in compliance with certain requirements that apply to the preparation of official documents.

Why are objections to objections filed?

As mentioned above, endless objections are an analogue of an ordinary squabble. It seems that the practice of objecting to objections was initially started by lawyers who realized that this inherently unnecessary statement could bring additional fees. But the idea has caught on, and objections to objections are written everywhere, despite their zero procedural value.

This is important to know: Lawsuit against the pension fund

There is an opinion that objections to objections can serve as an analogue of clarification of claims. There is no basis for such a statement.

To clarify the claims or change them, there is a separate procedural document, which is exactly what is called “Application to amend (clarify) the claims.” Moreover, requirements can be changed and clarified orally during the consideration of the case.

Addendum to the objection to the claim

Having submitted objections to the claim, a person is not deprived of the opportunity subsequently, in the event of a court hearing being postponed, to provide additions to the objections already filed.

The need to provide objections may be caused by explanations from the plaintiff’s side, clarification of some new circumstances, the emergence of judicial practice on a similar dispute, etc.

In courts of general jurisdiction, an audio recording of a court hearing is not always kept; it is sometimes difficult to familiarize yourself with the minutes of the hearing in a timely manner, therefore, in additions to the objection, you can express your point of view regarding the plaintiff’s explanations during the trial, focusing on certain phrases and statements of the plaintiff’s side.

BUT in any case, within the established time frame, you should submit an application to familiarize yourself with the minutes of the court session, familiarize yourself with it and, if necessary, make a comment on it.

Cost of the procedure for preparing documents to cancel a court order

If the whole procedure seems complicated to you or you simply do not have free time, you can contact me. I will prepare the documents and all you have to do is sign and take them to the post office. The procedure can be done remotely or come to my office by making an appointment in advance and prepare the entire set of documents there. Let me remind you that I work in St. Petersburg, but in a remote communication format I can prepare documents to cancel a court order in any region of the Russian Federation.

The cost of preparing documents to cancel a court order is: 5,000 rubles. (excluding restoration of the term) tel. (WhatsApp) mail

Disputes with commercial organizations

To the court of ________________ (city, region, district)

from the defendant ________________(person details)

place of residence_________________

according to the claim ______________ (name of bank)

location_______________________

I do not agree with the bank’s demands for the following reason: (indicate in full why the loan was not repaid). I make payments monthly at the appointed time (describe in detail exactly when). Due to the fact that I was left without work, I could not pay the loan (on such and such a date).

On the basis of the above

Refuse the commercial organization (indicate the reasons) to satisfy the demands to collect from me the entire amount of the debt with interest.

Date _________

Defendant's signature ____________

How to make an objection

If you decide to refute the defendant’s arguments, then you will need to draw up objections to the objections according to the rules for drawing up a response. The basis for writing objections will be the incorrect information that the defendant provided in his response to the statement of claim.

Accordingly, the arguments for objections to objections will need to be supported by documents.

You should start writing your objections from the “header”, which is located in the upper right corner of the sheet. The header includes the name of the judicial body to which the paper will be served, and the last name, first name, patronymic and place of residence of the plaintiff writing the objection.

Immediately under the “heading”, the phrase “Objections to the defendant’s objections in civil case No. _____,” the descriptive part begins. It must include direct comments on the defendant’s response or a refutation of his arguments.

The descriptive part ends with the words “Based on the above, I request.” The request itself relates to the operative part of the document and must contain a clearly expressed desire as to what exactly you want from the court and why objections to objections were written.

In the lower left corner of the sheet there is a list of documents attached to the objection.

The sheet ends with the date of filing the objection and the signature of the plaintiff.

Important

An application for objection to the statement of claim, a sample of which is in the article, may be filed by the defendant or his representative at the preliminary hearing. This is necessary in order to explain your position to the court. In addition, an objection does not need to be written if the defendant can justify his disagreement with the plaintiff’s demands orally. Thus, it turns out that this document is not important and mandatory for resolving the dispute.

If a citizen is interested in the question of how to write an objection to a statement of claim, a sample of which is not in the legislation, then it is best for him to contact a professional lawyer who will tell him how best to express his disagreement with the requirements of another person and formalize this with references to legal norms.

Objection to a court order issued during isolation

During self-isolation due to the epidemic, the courts issued and sent court orders, which the debtors, of course, did not receive. Below I will provide a link to the resolution for St. Petersburg, which will help restore the deadline for filing an objection to the court order.

From March 13, 2021, on the territory of St. Petersburg, by Decree No. 121 of March 13, 2020, the Government of St. Petersburg introduced a high alert regime in accordance with Article 11 of the Federal Law of December 21, 1994 N 68-FZ “On the Protection of the Population and Territories from natural and man-made emergencies” decisions on introducing a high alert regime or an emergency situation on the territory of a constituent entity of the Russian Federation.