Legal Encyclopedia. The letter P

Filing a claim

- Filed in court in writing, with the requirements of one person to another.

The petition shall contain:

1) name of the court;

2) the name and place of residence of the plaintiff;

3) the name and place of residence of the defendant;

4) requirements;

5) the price of the claim;

6) list of documents attached to the application.

Attached to the application:

1) copy of the application;

2) a document confirming payment of state duty;

3) payment exacted or the contested sum of money.

Within 5 days after receipt of a sp shall decide upon the application.

The judge rejects the application if:

1) an application is not subject to the consideration and resolution of civil proceedings;

2) there is a court decision on the dispute between the same parties on the same subject and on the same grounds.

When you refuse to accept the claim the judge makes a reasoned determination, on which a private complaint may be filed.

The judge returns the application if:

1) It is not the jurisdiction of this court;

2) the statement of claim has not been signed;

3) the application is submitted by an incapable person;

4) the plaintiff received an application for the return of the statement of claim.

Return of the statement of claim does not prevent the re-treatment of the plaintiff to the court against the same defendant with the same requirements.

Failure to comply with requirements for filing a claim, the court may make a decision on the abandonment of the application without movement. This was reported to the plaintiff, and he is given a term for elimination of deficiencies. If within the prescribed period the applicant does not fulfill the requirements of the judges, the application is considered not filed and returned to the applicant with all the attached documents.

The defendant is entitled to the court's decision to present a counterclaim plaintiff.