How to go to court?
Popular wisdom says that from the bag and from prison do not blame. If not with you, such a nuisance can trap close people. The main thing here is to have an educational program behind you, to imagine that the judiciary is one of the three branches of the rule of law. It is built on the constitutional principles of the Russian Federation. And yet: no one has freed us from knowing how to go to court correctly, if without it the problem cannot be solved.
Going to court
What controversial issues are most often the subject of litigation? Violation of the rights of some citizens by others or a legal entity, that is, when it comes to protecting these rights, legitimate interests, and sometimes freedoms. Such a precedent takes place. And how to go to court? Very well, if there is a lawyer, and he will tell. To break the deadlock, you still have to solve the problem. And without shelving. This is what the lawyer will explain, explaining why you can go to court with your question literally tomorrow.
And if there is no lawyer? But who prevents to learn independently, from the Internet, for example, how to go to court correctly? So, you can go to court with a claim. Oral stories do not fit here.Therefore, it is necessary to write a statement of claim. And it is important how literate and accurate it will be. Much more depends on the claim than anyone thinks. It is very good, if it is made by the professional lawyer. But he who does not have a legal education will cope with writing a lawsuit in court. It does not matter - by hand or typed on the computer - this statement will be. But A4 will have to withstand. Now about how to go to court. In other words, what should be in the statement of claim. First of all, call the court where the application is submitted: for example, the Nevsky District Court of St. Petersburg, its address. Then - all the surname, name and patronymic of the claimant and the respondent, the address with a zip code, telephone number, if known. If the claim is submitted by a legal entity - the name and postal address.
You should be aware that the claimant may file a claim with a legal entity (an enterprise or a company) at the location of that legal entity. All of them must be indicated with surnames, first names and patronymic names, with addresses and telephone numbers. In the case when the claim is filed by the representative of the claimant, he is obliged to provide his data - name, phone number and address.This form will be correct if there is a problem of where to go to court.
Then - the main thing is how to go to court: indicate the reason, correctly identify it. Is this a violation of rights or freedoms, property interests? What exactly, what circumstances compel to resort to a judicial procedure, what are the facts and evidence in favor of the demands you put forward? Consistency, detail, but not to the detriment of logic - advantages for the statement of claim. But if the details “pull” on the novel, i.e. 15-20 pages, put yourself in the place of the judge, who has to read 10-30 per day for such “novels”. Now - your requirements, which, as you believe, the court must meet. It is important to make it clear that you know the law, its norms, you need what is in this law: whether it is the Criminal, Civil or Administrative codes, the Constitution of the Russian Federation or international conventions ratified in Russia.
If the lawsuit concerns a property dispute, the value of the disputed property must be indicated in the application. Emphasize that we are talking about the recovery of the amount of money or the value of the property, and, possibly, of both.It is necessary to designate the total amount for which the claim was filed. Just do not overdo it, do not overstate it: for that he and the court to restore justice.
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