The right to appeal to a court and to defend own rights in accordance with the law is provided in the Russian Federation as in any other legal country. Such reference to a court is clearly defined - the bill of complaint to be submitted to court for disputes resolution. Assistance in making the case by qualified lawyers is not only desirable but sometimes is obligatorydepending on the complexity of the legal relationship.
WHAT ONE SHOULD KNOW PRIOR TO MAKING A LAWSUITPrior to filing a lawsuit, it is necessary to prepare documents, to identify the court to which documents should be prepared and to get the necessary details of the litigating parties. If only a text of a claim to a court is to be drawn up, the cost of services of a lawyer or an attorney will be moderate enough. The specialist will draw up a document correctly and, if necessary, submit it to court independently, which will get rid customers of troubles and prevent from loss of time. There is a special concept in the proceedings - limitation of action with regard to the time limits. Law defines this as a term within which the plaintiff can take a legal action, which must be taken into account first.
DRAW UP OF A BILL OF COMPLAINT. STRUCTURECorrect drafting of this document to a court is the first and the basic step in further trials, since a court will proceed from text of a suitin process of acceptingresolution. Qualitative assistance in drawing up a claim to the court is often a key factor in its further consideration, especially, if the plaintiff is not as competent as his lawyer and represents the interests in court by own efforts. Thus, in accordance with requirements of the Civil Practice Act, a statement of claim shall be drawn up in writing and shall include the following:
- An indication of a judicial authority to which the declaration is forwarded. Name of the court and its mailing address should be stated here.
- The plaintiff’sdetails: full name, his place of residence or legal seat - in case of commencement of an action by a company, organization.
- Name of the defendant. Data in the same order as for the plaintiff are to be provided here.
- Statement of the circumstances and facts in case of which the plaintiff considers that his rights have been violated, as well as evidence certifying the stated.
- To specify the value in controversy and to provide the calculation of the amounts claimed. This refers only to the case of a property claim.
- If necessary - information and documents which certify a pre-trial settlement of the dispute with the defendant.