A statement of claim is a document submitted to the court, in which an interested person (both an individual and a legal entity), in order to protect his legal rights and interests, asks the court to satisfy certain demands. When going to court, the plaintiff may receive a refusal to accept the statement of claim.
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USEFUL : watch the video on the issue of leaving a claim without progress or returning a statement of claim, write your question in the comments of the video
Grounds for refusal to accept a claim
- Incorrectly defined jurisdiction. The application of this basis is associated with the delimitation of competence between the Constitutional Court of the Russian Federation, courts of general jurisdiction, administrative and arbitration courts. For example, a civil court will not consider a claim that should be considered by an arbitration court. In this case, the applicant must correctly determine the jurisdiction and jurisdiction and prepare a new statement of claim.
- The presence of a court decision that has entered into force on an identical claim . In this case, an identical claim should be understood as a statement of claim in which the parties to the case, requirements and grounds for filing coincide.
- Lack of rights of the person who filed the claim in court. P about the reason for the lack of a power of attorney to represent interests in court; in cases where circumstances that are not related to the rights and interests of the applicant are disputed, except for cases where the current legislation of the Russian Federation clearly establishes the circle of persons who have the right to go to court to protect the rights and legitimate interests of other persons, namely: the prosecutor in the case when a citizen, due to his health, age, or incapacity, cannot go to court to protect his violated rights and legitimate interests; guardianship and trusteeship authority of a municipality in cases where it is necessary to protect the rights and legitimate interests of children left without parental care or other legal representatives; authorized executive body for control in the field of consumer rights protection.
- Availability of a decision to terminate proceedings in a civil case on the basis of the applicant’s refusal of the claim or a settlement agreement;
- Availability of an arbitration court decision on an identical case.
If a claim is refused, the judge, within five calendar days, issues a ruling indicating the reason for such a decision. This document is delivered to the applicant in person or sent by mail along with the statement of claim filed with the court.
Having received a reasoned refusal to accept the application, the plaintiff can appeal it within ten days by filing a private complaint with the appellate authority.
USEFUL : watch the video with the basic rules about filing a claim in order to win it in the future, write your question in the comments of the video
In what cases is a claim for recovery of funds filed?
During a monetary damages lawsuit, you first need to understand what caused the monetary dispute. This is necessary to choose the right method to protect your interests.
Financial disputes arise as a result of breach of contracts, material damage, damage to life or health as a result of illegal actions. In the judicial system, there are various declarations of claims that allow you to claim monetary compensation for damages. These are the statements:
- on compensation for losses;
- to collect payments for the child;
- on debt collection under a loan agreement;
- to collect wages;
- on refunds under the consumer protection law.
Such documents may also include an appeal.
But not for all controversial situations it is possible to choose a specific example of a statement of claim. Therefore, it is best to find a universal sample statement of claim for the recovery of funds and make appropriate adjustments to it.
The applicant will only have to fulfill a certain number of important conditions . When drawing up a statement of claim for the recovery of funds, it is necessary to display the disagreements in as much detail as possible. Write how the legal relationship with the debtor began, what agreements arose, what were the obligations of the parties at the beginning of the contract, what happened next, who violated the terms of the contract, and for what reason the conflict arose. Tell us how events developed, who violated their obligations and for what reason, and whether they tried to resolve disagreements without judicial intervention.
Cases of returning a statement of claim
In addition to refusing to accept the statement of claim, the court may issue a reasoned ruling to return the filed claim if:
- The procedure for pre-trial settlement was violated. When faced with a violation of the law by officials, in some cases the law obliges a citizen to send a complaint or claim to the violator to protect and restore his rights and legitimate interests as soon as possible. If the claim is successful, the parties to the dispute draw up a corresponding agreement in writing, which, if necessary, can be certified by a notary.
- The claim is brought by an incompetent person , that is, a person who, due to not reaching the age of majority or due to a mental disorder, is not able to exercise his civil rights and obligations in the absence of guardians or trustees;
- Jurisdiction is not respected;
- The application is not signed by the applicant or signed by a person who does not have these powers due to the lack of a power of attorney to represent the applicant’s interests in court;
- The presence in the proceedings of the plaintiff’s application for the return of the claim , which a citizen can submit to the court before the court makes a ruling on accepting the submitted application for proceedings;
- There is an identical case in court proceedings.
The decision on return is made by the judge within five calendar days, after which it is sent to the applicant (plaintiff).
How and when to apply for the return of a claim
Please note! In order for an application for the return of a claim to be granted, the following rules must be adhered to:
- it must be in writing;
- must be submitted before a ruling on acceptance of the claim is made. This information can be easily obtained directly from the court office or on the official website of the court. It must be remembered that the claim is accepted within 5 days from the date of receipt, this is the maximum period that is available for filing a refund application.
It is important to know that if the court makes a decision to leave the claim without progress, and the plaintiff does not correct the error in a timely manner, then it will be considered not filed.
What to do when returning a claim?
The return of the statement of claim to the plaintiff means the court’s refusal to initiate a civil case. Unlike the court’s refusal to accept an application, the return of a claim does not deprive the citizen of the right to re-apply to the court with the same claim.
If the court returns the statement of claim, then you, as the applicant, need to restore the validity of the document. There are two ways to restore the action:
- by making amendments to the returned application;
- by appealing a court decision in a case where, in the plaintiff’s opinion, the reasons for the return are not objective.
Read what to do if the statement of claim is left without progress via the link
What are the important points to consider?
To understand the meaning of returning a statement of claim, it is worth delving into the procedure. The court or the plaintiff can demand the return of the claim.
Attention! At the same time, the law clearly indicates the actions that these persons must follow:
- the judicial authority is obliged to ensure that there are grounds for returning the application;
- The plaintiff also has the right to apply to the court with such a petition only if there are objective reasons.
Following these rules will minimize the likelihood of the application being rejected by the court.
It is necessary to clearly distinguish between the return of a claim and the refusal to accept it. The main difference is the consequences: if the court rejects the claim, then it will not be possible to re-file it. On the contrary, a return allows you to make corrections and additions to the document and resubmit it for consideration.
In fact, this answer means that the court will begin proceedings on the condition that the plaintiff corrects the mistakes made.
Request for return of the statement of claim
In some cases, after filing a claim in court, the applicant needs to return it back. To do this, you need to draw up and send to the court a petition for the return of the statement of claim, without waiting for the claim to be accepted for proceedings.
In the petition, you must indicate your desire to return the filed claim due to either reconciliation of the parties, or the presence of errors in the submitted statement of claim that you want to correct.
It is not possible to apply for the return of a statement of claim that has already been accepted for processing.
If the applicant made mistakes during the preparation and formation of the set of submitted documents, the court itself will return the statement of claim to the plaintiff. The applicant has the right to disagree with the opinion of the court and file a complaint with a higher authority.
If the application deadline is missed
If the plaintiff missed the deadline for filing an application to return the claim, then it is impossible to restore it. The same principle is observed after the claim has been accepted for proceedings - it cannot be returned.
When a ruling has been made to accept the claim, the case can be stopped by any other procedural methods: abandonment of the claim, admission of the claim, settlement agreement.
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Appealing a ruling to return a statement of claim
A private complaint for the return of a statement of claim can help in solving the problem of the Principal; more than once there have been complaints challenging court rulings that interfere with the progress of the case and the protection of rights. The applicant has fifteen days to prepare it and submit it to the court, which is considered an appellate instance in relation to the court that issued the ruling. A private complaint is filed with the appellate instance through the court of first instance. If, for good reason, the applicant missed the deadline established by law, then along with the complaint it is necessary to submit an application for restoration of the missed deadline, indicating the reasons why the deadline was missed.
The complaint must indicate:
- the name of the court to which the complaint is filed (usually indicated in the ruling);
- name of the body that issued the appealed document;
- information about the plaintiff, defendant, third parties - as in the filed statement of claim;
- description of the facts with references to the rules of law confirming the applicant’s position;
- plaintiff's claims;
- date and signature of the applicant or authorized representative;
- documents proving the validity of the claim.
The period for consideration of a private complaint is from two to three months. Based on the results of its consideration, the appellate court may satisfy the applicant’s demands or refuse to satisfy them. If the requirements are satisfied, then the statement of claim is accepted by the court for proceedings, and the date of filing the application with the court is considered the date of application to the first instance.
How to correctly draft an application to the court
There is no strict form for applying for the return of a claim. The only requirement for this document is that it must be in written form. But still there are certain rules for compilation.
Remember! The document must comply with the following form:
- in the upper right corner indicate the name of the court to which the applicant applies with an application to return the claim, as well as full name. and the address of residence of the person applying for the refund;
- in the center of the sheet is the name of the document - an application for the return of the statement of claim;
- in the main part, you must express your desire to withdraw the statement of claim and indicate the reason for the return, although it is not necessary to talk about the reasons;
- Finally, a date and signature are placed.
This information is quite enough for the court to accept the application for consideration. There is no need to provide additional information.
