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How to correctly draft a statement of claim
If it is necessary to terminate the agreement, one of the parties to the transaction may file a claim, for which the application must be correctly drawn up, observing the rules provided for by procedural legislation (Article 131 of the Code of Civil Procedure).
The statement of claim must include several mandatory parts:
- The header of the document, which includes information about the court where the claim is filed, the defendant and plaintiff, third parties, if any, indicating addresses, telephone numbers and other contacts;
- The name of the document, that is, the statement of claim indicating what the dispute is about (termination of the agreement);
- Main part. This includes the circumstances of the case, the reasons and grounds for which an appeal is made to a judicial authority, references to regulations to confirm the right to such an appeal, and to evidence;
- Conclusion. The pleading part, where the plaintiff consolidates his demands, in a particular case - a request to terminate the agreement;
- Application. The claim directly contains a list of documents that are attached as evidence;
- The statement of claim ends with the signature of the plaintiff or his representative and the date of preparation.
How to draw up a statement of claim for termination of a contract
The contract can be terminated on general and (or) special grounds.
- general – this is a significant violation of the terms of the contract. Such, as a result of which the bona fide party lost what it was counting on when concluding it (Articles 450, 451 of the Civil Code of the Russian Federation).
- special - a direct indication of the Civil Code, other laws, in the text of the contract itself.
A separate reason is a significant change in circumstances. That is, those from which the parties proceeded when concluding the contract. The conditions must change so much that if they had existed at the time the transaction was concluded, the contract would not have been concluded at all.
For such claims, a mandatory pre-trial dispute resolution procedure is provided. This means that submitting a claim for termination of the contract in writing and receiving a refusal (ignoring is also a refusal) is mandatory. If such measures are not taken, the court will return the claim without consideration.
Thus, when drawing up a claim, you must attach copies of the following documents:
- agreement,
- confirmation of a significant violation of the terms of one of the parties to the contract or a change in the circumstances from which the parties proceeded when concluding the contract,
- written claim for termination of the contract and refusal of the other party.
- if a claim for damages is made, they must be proven by financial documents. And in the claim, the plaintiff substantiates the cause-and-effect relationship between the losses and the actions of the defendant.
Required documents
When filing a claim, you also need to prepare papers that will serve as evidence of the circumstances under which it is necessary to terminate the contract.
Such documents include:
- receipt of payment of state duty;
- plaintiff's passport;
- power of attorney, if a representative is involved;
- a copy of the documents on the basis of which the dispute is being conducted (agreement, receipt, etc.);
- other papers containing information on a specific dispute and relevant to it.
Watch the video. Grounds for termination of the contract:
Grounds for termination
A contract, as a type of transaction, is terminated on grounds such as agreement of the parties or unilateral refusal. The second option often causes disputes, which lead to the need to go to court.
Attention! A number of situations are defined in which it is permissible to go to court to terminate a contract:
- The party to the transaction fulfills the obligation in good faith, but does not receive from the opponent what is provided for in the contract. For example, the landlord provides the tenant with premises in accordance with the contract, maintains it, ensures safety, but the tenant does not fulfill the obligation to pay rent, which is recognized as a basis for applying to the judicial authorities;
- An indication of the possibility of terminating the contract through the court, indicated directly in the Civil Code of the Russian Federation, or in another legal act. Also, such a right may be reflected in the contract;
- A change in circumstances that are significant and on which the contract is based.
Sample and examples 2021
There is no single form of such a document in the legislation, therefore, each party to a service agreement upon its termination has the right to draw up a statement according to its own, arbitrary sample. In practice, almost all companies offer to simply fill out a ready-made form, but the consumer can compose the text at his own discretion - for example, in cases where he needs to reflect certain (additional) requirements for the company.
In most cases, the text should reflect the following information:
- As usual, the document begins with a “header”, where the full name of the company is written (exactly as indicated in the agreement that is supposed to be terminated), address, and contact information. If necessary, indicate the full name and position of the responsible person with whom the document was signed directly.
- Next, the consumer’s full last name, first name, patronymic, passport details and contacts (mail, telephone, e-mail – optional) are written in the “header”.
- The title of the document, as always, is written in the center. You can call it both the word “statement” and the word “notification”, meaning that you are notifying the company of your intentions to terminate cooperation.
- Then there is a description of the circumstances that motivated the termination of use of the contract. The consumer is not required to provide a specific reason – i.e. every citizen has the right to ignore this point and go straight to the petition part.
- Next, you need to state the request for the application - i.e. termination of an agreement. Here you can refer to a specific article of the Civil Code, the law “On Protection of Consumer Rights” and other laws, if necessary.
- It is imperative to describe all the details of the contract that is supposed to be terminated (name, number and date of preparation).
In general, a sample application with which a consumer seeks termination of a service agreement looks like this.
Specific examples of such documents are discussed below. Depending on the situation, the citizen can correct the text himself, for example, indicating various reasons for termination of cooperation:
- personal desire;
- life circumstances (moving, financial difficulties);
- poor quality services provided;
- systematic violations by the supplier and others.
Training services
The text may also contain additional requests that are directly related to the agreement concluded initially. For example, if an advance payment was supposed to be made and returned in case of refusal to use the services, the consumer can receive back the entire amount (or part of it minus a penalty).
Communication services
It would also be correct if the applicant directly indicated the method of feedback that would be most convenient for him. For example, send a response letter by email and duplicate the message to a regular postal address. At the same time, it is always better to ask the company to provide a “paper” answer, since in case of controversial situations you will have the document on hand. And it can be used as evidence in proceedings, including in court.
The specific method of transmitting the company's response can only be specified in accordance with the contract. For example, if the agreement directly stated that all notifications will be transmitted exclusively in paper form, then this is what you need to proceed from.
How and where to file a claim
Filing a claim involves choosing a judicial authority, since jurisdiction of cases is an important rule when protecting rights through the court. It is necessary to understand the nature of the dispute that has arisen, who are the parties to it and what the cost of the claim is.
If the dispute is based on the aspect of entrepreneurship, then the appeal is made to the arbitration court, in other cases, if the amount of claims exceeds 50,000 rubles. the city or district court helps, and if the amount is less than 50,000 rubles. - magistrate's Court.
The claim is filed at the place of residence of the defendant or at the place of registration of the organization. It is also possible to determine the area at the place where the agreement was concluded.
When a dispute concerns issues of consumer protection, then jurisdiction is determined according to the plaintiff’s registration and residence address; moreover, in this case no state duty will be paid.
When is it permissible to demand termination?
Legal regulation depends on the purpose and subject composition:
- the transaction is concluded between two commercial entities, in this case regulation is carried out by the Civil Code of the Russian Federation;
- the transaction is concluded by a citizen for personal purposes, we refer to Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights”.
In both cases, it is necessary to indicate the will of the party to refuse to execute the transaction.
Let us give an example of termination of a contract for the provision of services under the law on the protection of consumer rights.
Citizen A. ordered a dress to be sewn in an atelier. The performer bought the material, but A. refused further cooperation. Did A. have the right to do this? Yes. Art. 32 of the said law provides for the consumer’s right to refuse services at any time without any justification, provided that he reimburses the contractor for the actual expenses incurred. In the example given, payment for A. material will be required.
In the situation of an agreement between commercial entities, we are guided by Art. 782 of the Civil Code of the Russian Federation, any party has the right to refuse execution unilaterally, but:
- if the customer refuses, he reimburses the costs actually incurred by the contractor;
- If the contractor refuses, he will compensate the customer for losses in full.
The specified legal regulation is not related to cases of improper performance by a party of its obligations.
Draw up any agreement for free using a special agreement designer from ConsultantPlus.
Calculation of state duty
The nature of the dispute when going to court also affects the size of the state duty and its existence in principle. To determine the amount of payment, you will need to establish the price of the claim or the nature of the claim. The calculation principle is reflected in detail in Art. 333.19 Tax Code of the Russian Federation.
Please note! If the price of the claim is established, then a percentage of the duty, which is established by law, must be calculated from this, and if the claim is of a non-property nature, then the state duty is fixed, for example, 300 rubles for citizens.
When the fee is not paid or there are no documents confirming this fact, the court leaves the claim without moving, which allows the shortcomings to be eliminated, and if this does not happen, the claim is returned, but this does not deprive the person of the opportunity to go to court again.
Termination of a contract for the provision of legal services sample
Termination of the contract for the provision of legal services
Termination of a contract for the provision of legal services occurs in the manner and under the conditions specified in the contract itself.
The standard procedure for terminating a contract requires 30 calendar days prior notice to the other party. to the contract for the provision of legal _______ ___g.
g. ______________________ "___" g.
(locality) (date)
. hereinafter referred to as the Customer, represented by. acting on the basis on the other hand, on the one hand,
And. hereinafter referred to as the Contractor, represented by. acting on the basis of the other party, collectively referred to as the Parties, and individually as the Party, have entered into this additional agreement (hereinafter referred to as the Agreement) to the Agreement for the provision of goods (hereinafter referred to as the Agreement), concluded between the Parties, on the following:
1. The parties agreed to terminate the Agreement with “___” ___________ ____g.
2. The Agreement comes into force from the date of signing by both Parties.
3. The Agreement is an integral part of the Agreement.
4. The parties have no financial claims against each other.
5. The Agreement is signed in 2 (two) original copies in Russian, one for each of the Parties.
Signatures of the parties:
Agreement for the provision of legal services
Essential terms of the contract for the provision of legal services
Under an agreement for the provision of legal services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services (clause 1 of Article 779 of the Civil Code of the Russian Federation).
Each contract is unique and its terms depend on the specifics of a number of conditions and the will of the parties. Nevertheless, there are conditions (they are called essential) that any contract for the provision of legal services must contain and without which the contract is considered not concluded. The essential terms of the contract include the conditions that determine the specific type of service provided (clause 1 of Article 779 of the Civil Code of the Russian Federation), i.e.:
The subject of the contract for the provision of legal services for a fee (according to Article 779 of the Civil Code of the Russian Federation), i.e. It should be clear from the contract what legal services will be provided.
Legal services include the following services.
oral and written consultations
Claim for termination of a contract for the provision of services
Claim for termination of a contract for the provision of services. Based on the contract of agency concluded between the plaintiff and the defendant, the defendant undertook to represent the interests of the plaintiff in the judicial authorities. However, despite the fact that the plaintiff fully complied with the terms of the contract, from the moment the funds were deposited until now, the defendant has not made any attempts to fulfill its obligations. The plaintiff asks the court to terminate the agency agreement and recover funds from the defendant.
In ________ district court of _______
________________________
plaintiff: ______________________
defendant: LLC _______________
Cost of claim: __________ rubles
State duty: based on clause 4, part 2, art. 333.36 of the Tax Code of the Russian Federation is exempt from payment of state duty
STATEMENT OF CLAIM
on termination of the agreement for the provision of legal assistance and collection of funds
Based on the Agency Agreement No. ___ dated __________, concluded between me, _____________________ (hereinafter referred to as the Principal), and LLC _____________ represented by __________________, acting on the basis of a Power of Attorney, (hereinafter referred to as the Attorney), the Attorney undertook to represent the interests of the Principal in the judicial authorities, the FSSP, as well as other government bodies, institutions and organizations on all issues related to the recovery in favor of the Principal from CJSC _________ and ___________________ (hereinafter referred to as the debtors) of the amount of compensation for material damage caused as a result of a traffic accident that took place on ___________ at __ hour . __ min.
In pursuance of the terms of the Agreement, I deposited funds in the amount of _________ rubles into the cash desk of the defendant’s organization in the year _____________, and the second part of the payment in the amount of ___________ rubles in the ____________ year, which is confirmed by receipts for cash receipt orders dated ________ and __________, respectively.
According to clause 4.3 of the Agreement, the Principal pays the state duty, business trips and other additional expenses (if necessary and on behalf of the Principal).
In accordance with the specified terms of the Agreement of the ___________ year, in order to pay for additional expenses, namely the examination, I deposited funds in the amount of ____________ rubles into the cash desk of LLC ___________, and in the __________ year - to pay the state duty - funds in the amount of _____________ rubles.
This fact is confirmed by receipts for cash receipt orders dated ________ and _________. respectively.
The Agreement, by virtue of clause 6.4, comes into force from the moment it is signed by both parties and is valid until they fulfill all their obligations under this Agreement.
I fulfilled my obligations under the Agreement in full.
According to Art. 27 of the Law of the Russian Federation On the Protection of Consumer Rights, the contractor is obliged to carry out the work (provision of services) within the period established by the rules for the performance of certain types of work (provision of certain types of services) or the contract for the performance of work (provision of services). The contract for the performance of work (provision of services) may provide for a period for performing the work (provision of a service), if it is not provided for by the specified rules, as well as a period of shorter duration than the period established by the specified rules.
The period for performing work (providing a service) may be determined by the date (period) by which the work (providing the service) must be completed and/or the date (period) by which the contractor must begin performing the work (providing the service).
Based on clause 2.1.4 of the Agreement, the Attorney is obliged to prepare procedural documents necessary to protect the interests of the Principal in court in accordance with jurisdiction, and by virtue of clause 2.1.6 of the Agreement, if necessary, appeal decisions and rulings of the court.
However, despite the fact that I fully complied with the terms of the agreement, from the moment of depositing the funds until now, the defendant has not made any attempts to fulfill its obligations. I was not familiar with the statement of claim, and then I received a court ruling unknown to me, which the defendant did not appeal within the period established by law.
The defendant did not contact me, did not inform me about the progress of the case, thereby violating clause 2.1.7 of the Agreement.
Moreover, I was not informed about the appointment or conduct of the examination, to pay for which I deposited funds in the amount of ___________ rubles into the organization's cash desk.
Somewhat later, a second contract of agency No. _______-isp was concluded between me and the defendant. from ______________ year.
According to the terms of the said Agreement, the Attorney undertook to represent the interests of the Principal in the judicial authorities, the FSSP, as well as other government bodies, institutions and organizations on all issues related to the recovery in favor of the Principal from CJSC ________ and _____________________ (hereinafter referred to as the debtors) the amount of compensation for material damage caused in as a result of a traffic accident that took place _________. at one o'clock. __ min. based on the decision of the _____________ district court of _________.
Pursuant to Agreement No. ___-sp. From _________, I deposited funds in the amount of _________ rubles into the organization’s cash desk, which is confirmed by a receipt for the cash receipt order No. ____ dated ___________.
I also fulfilled my obligations under this Agreement in full.
However, I was not familiar with any court decision, and moreover, no one informed me about its presence or absence.
In accordance with this Agreement, the Attorney undertook to monitor the work of the bailiff and inform the Principal about the progress of the case.
From the moment the Agreements were concluded until now, I have not been provided with any information from the defendant.
My repeated appeals to the defendant to clarify the state of affairs did not bring any results.
According to Art. 307 of the Civil Code of the Russian Federation, by virtue of an obligation, one person (debtor) is obliged to perform a certain action in favor of another person (creditor), such as: transfer property, perform work, pay money, etc. or refrain from a certain action, and the creditor has the right to demand that the debtor fulfill his obligation.
Obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with business customs or other usually imposed requirements (Article 309 of the Civil Code of the Russian Federation).
Since the conclusion of the Legal Assistance Agreements, no obligations have been fulfilled by the defendant; moreover, the defendant is constantly hiding and ignoring my phone calls.
By virtue of Art. 310 of the Civil Code of the Russian Federation, unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed, except in cases provided for by law.
In cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, it must be fulfilled within a reasonable time after the obligation arises.
At the request of one of the parties, the contract can be changed or terminated by a court decision only:
1) in case of a significant violation of the contract by the other party
2) in other cases provided for by this Code, other laws or agreement.
A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract.
In the event of a unilateral refusal to fulfill the contract in whole or in part, when such refusal is permitted by law or by agreement of the parties, the contract is considered respectively terminated or modified.
The defendant never fulfilled its obligations under the terms of the Agreements.
These circumstances became the basis for filing a claim against the defendant, demanding termination of the Agreements and the return of funds, but to date it has remained unanswered.
In addition, as a result of the fact that the defendant did not fulfill his obligations, I was forced to seek legal assistance from another law firm in order to resolve my issue.
I believe that the defendant does not fulfill its obligations under any of the Agreements, which is grounds for their termination.
Based on Art. 27 of the Law of the Russian Federation On the Protection of Consumer Rights, the contractor is obliged to carry out the work (provision of services) within the period established by the rules for the performance of certain types of work (provision of certain types of services) or the contract for the performance of work (provision of services). The contract for the performance of work (provision of services) may provide for a period for performing the work (provision of a service), if it is not provided for by the specified rules, as well as a period of shorter duration than the period established by the specified rules.
The period for performing work (providing a service) may be determined by the date (period) by which the work (providing the service) must be completed and/or the date (period) by which the contractor must begin performing the work (providing the service).
I think that since ___________, i.e. from the date of the agreement with the defendant until now there was more than enough time for the defendant to begin fulfilling his obligations.
In accordance with Art. 28 of this Law, if the contractor violated the deadlines for performing the work (providing a service) - the start and (or) completion dates for the performance of the work (providing the service) and (or) intermediate deadlines for the performance of the work (provision of the service) or during the performance of the work (provision of the service) became it is obvious that it will not be completed on time, the consumer has the right to choose:
assign a new term to the executor
entrust the performance of work (provision of services) to third parties for a reasonable price or perform it on their own and demand compensation from the contractor for expenses incurred
demand a reduction in the price for performing work (providing a service)
refuse to fulfill the contract for the performance of work (provision of services).
The consumer also has the right to demand full compensation for losses caused to him in connection with violation of the deadlines for completing the work (rendering the service). Losses are compensated within the time limits established to satisfy the relevant consumer requirements.
In case of refusal to execute a contract for the performance of work (provision of a service), the contractor has no right to demand reimbursement of his expenses incurred in the process of performing the work (provision of a service), as well as payment for the work performed (service rendered), except if the consumer accepted the work performed (service provided).
In accordance with Art. 29 of the Law of the Russian Federation On the Protection of Consumer Rights, the consumer has the right to refuse to fulfill the contract for the performance of work (provision of a service) and demand full compensation for losses if, within the period established by the specified contract, the shortcomings of the work performed (service provided) are not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract for the performance of work (provision of a service) if he discovers significant deficiencies in the work performed (service provided) or other significant deviations from the terms of the contract.
The consumer also has the right to demand full compensation for losses caused to him in connection with deficiencies in the work performed (service provided). Losses are compensated within the time limits established to satisfy the relevant consumer requirements.
According to clause 5 of Agreement No. _____ dated _________, as well as clause 5 of Agreement No. ______-sp. from _________ the party that violated the deadlines for fulfilling any of the obligations pays a penalty in the amount of 0.2% of the amount of the overdue obligation.
Consequently, as a result of LLC ____________’s failure to fulfill its obligations, I have every legal basis to demand money from the defendant in payment of the penalty in the following amount:
under contract No. ___ dated _____________:
_______(amount under the contract) * ____% * _____ (number of days overdue) = ______ rubles
under Agreement No. ___-sp. from __________:
__________ * ___% * ___ (number of days overdue) = __________ rubles.
Therefore, the amount of the penalty under the Agreements is ______ rubles.
Thus, the circumstances of the case indicate that the defendant significantly violated the terms of the Agreements - from the moment of conclusion, no services were provided and this, according to current legislation, is the basis for termination of the Agreements for the provision of legal assistance and reimbursement of all expenses incurred.
In addition, in accordance with Art. 100 of the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, at its written request, the court awards, on the other hand, the costs of paying for the services of a representative within reasonable limits.
In this regard, _______________ rubles must be recovered from the defendant in our favor - payment for the representative’s services, which is confirmed by KAGM receipts __.
On the basis of the above,-
ASK:
1. Terminate the Agency Agreement No. _______ dated ______________, concluded between me, ___________________ (hereinafter referred to as the Principal), and LLC ___________________.
2. Terminate the Agency Agreement No. ____-sp. from _________ year, concluded between me, _____________________ (hereinafter referred to as the Principal), and LLC __________.
3. To recover from the defendant in my favor the funds contributed towards the Agent’s remuneration under Agreement No. ____ dated __________, in the amount of ________, examination fees in the amount of __________ rubles, refund of state duty in the amount of ________ rubles, penalties under Agreement No. ____ dated _________ in the amount of _______ rubles, funds contributed under the Agreement ___-sp. from ________ year in the amount of _______ rubles, penalty under Agreement No. ___-sp. from ________ year in the amount of __________ rubles, funds contributed to pay for legal services in the amount of _________ rubles, and a total of __________ rubles.
Applications:
1. Copies of the statement of claim
2. Copy of the claim
3. Copy of Agreement No. ___ dated ___________
What should you consider when concluding a contract for the provision of legal services? Sample document
An agreement for the provision of legal services, a sample of which can be downloaded on this page, serves to legislate a monetary transaction for the provision of legal services. The client can be an individual or organization, and the contractor can be a lawyer or law firm.
Typical structure of a legal services agreement
Like any agreement for the provision of services, such a contract establishes a relationship - the same as between a seller and a buyer in a store. Only the subject of purchase and sale is not a product, but a service – in this case, legal services. This may include consultations, case management, assistance and defense in court, resolution of controversial legal issues and much more.
As a rule, a contract for the provision of legal services for a fee contains the following main points:
- subject of the contract - what services are we talking about?
- information about the obligations of the parties
- regulations for the provision of services - in what order they will be provided
- information about the cost and form of payment
- privacy data
- the possibility of terminating the contract - this also happens
- final provisions and details of the parties.
- Agreement between organizations sample
- Sberbank preliminary agreement for the purchase and sale of an apartment sample
As you can easily see, the agreement is quite capable of satisfying both parties. It is drawn up taking into account the interests of the customer, that is, the client, and the performer, that is, a legal specialist or firm.
Sample contract for the provision of legal services
Agreement for the provision of legal services: a sample can be downloaded here.
You can use this document to create a contract for your specific needs and requirements. Having ready-made items, some of which can be changed if necessary, is a great way to save time and effort.
Download the finished document and change it to suit your requirements. However, in many cases, a standard contract is not enough to cover all possible details. If in doubt, consult a legal professional. After this, it will be possible to begin concluding a contract so that the services you need are provided to you as soon as possible.
Note:
Sublease agreement: sample and legislative basis
Termination of the contract for the provision of services
May 24, 2011 | | Published by admin | 0
A service agreement is one of the most common instruments for regulating civil law relations in various areas of economic activity. First of all, this is due to the wide variety of services provided by business entities.
Despite the fact that in most cases, developed contract templates are used to form a contract for the provision of services. Some points differ quite strongly depending on the type of service provided, be it buying and selling a house, car or camping furniture.
One of the most difficult and important terms of a service agreement to draw up is the moment of termination or termination of this agreement.
In general, termination of a contract for the provision of services, as a paid one, is carried out on the basis of the rules of Chapters 26 and 29 of the Civil Code of the Russian Federation, taking into account the provisions of Art. 782 of the Civil Code of the Russian Federation, which establishes the grounds for unilateral refusal to fulfill the contract.
Current regulations provide that the Customer may refuse to fulfill the terms of the contract for paid services if he pays the contractor for the expenses actually incurred by him. On the other hand, the Contractor may withdraw from the contract only subject to full compensation for losses, including actual damage and lost profits of the Customer.
Within the time frame, refusal to fulfill the contract is possible at any time, both before the start of the provision of the service (for example, refusal of a booked room in a hotel, a table in a restaurant, etc.), and during its provision before completion (for example, leaving hotels ahead of the time for which the room was rented, termination of an ordered long-distance telephone call ahead of the time that was determined when ordering).
In material terms, the Customer’s refusal of the service provided carries compensation only for actual damage to a certain extent.
For the Contractor, refusal to fulfill the contract for the provision of paid services is possible only if the Customer is fully compensated for losses. And legislative norms do not contain exceptions to this rule.
If you have any difficulties in drawing up this type of agreement, you can use a sample service agreement. presented on our website.
Sources: allcontract.ru, advocatshmelev.narod.ru, peopleandlaw.ru, moyafirma.com, dogovorload.ru
Next:
Procedure for going to court
The procedure for going to court involves several stages, the observance of which is mandatory.
The following steps include:
- pre-trial procedure, that is, sending a claim to the defendant to allow the dispute to be resolved without trial;
- collecting documents, paying state fees, drawing up a statement of claim;
- filing a claim, which can be done by mail, in person, or through a representative;
- participation in the trial.