To the court not empty-handed

Thoughts inspired by the topic of Corbin, Fleas and service- free service all haunted me. Well, really, why not use your constitutional right (Article 46) to protect your legitimate interests (when the issue is not solved on voluntary undertakings)?

Intro

Consider such a moment that I do not call anyone and do not agitate to quickly file a lawsuit against my neighbor or the same provider. (And maybe it's worth all the same, eh?)

I do not have a legal education, I just know how to read, and that is why I will not give up constructive criticism on the topic.

Thanks s0me0ne for additions and changes.

Closer to the point

If our right has been infringed (suppose we paid for the Internet access service, but there is none, or the service is provided with inadequate quality), then you need to think and designate:

- substantive requirement (for example, return of unused money from the account);

- the actual circumstances (for example, let it be a copy of a written application to restore accessibility), in fact, any evidence is better on paper with dates, stamps and names of the responsible persons;

- appeal to the court (in fact, what kind of decision we ask from the court, maybe even ask to make amends both financially and morally (in the form of material means) the defendant’s guilt, do not forget to write off court costs;)).

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Once it’s cleared up in your head, you can think further.

What to write

There is a special procedure for filing a claim (Articles 131 and 132 of the Code of Civil Procedure). The main points are:

- to which court ( we need something like a court of general jurisdiction ? We need a world court (are we talking about harming a citizen?) If the amount of the claim is above 50 kilo rubles (as I recall), then the district one. You can serve at the location of the defendant and at the place of infliction harm);

- who submits a claim (full name, place of residence);

- to whom they apply (name (organization name), location);

- the nature of the violation or threat;

- facts confirming the violation;

- The price of the claim, if money is mixed in here , an indication of the order is possible, if it is difficult to establish precisely The lawsuit will leave the motion without a motion without an exact price. Need a price of the claim and its calculation as an attachment to the application;

- list of documents attached to the claim.



The worse the consequences for us (my wife could not see Yandex. Weather, she came out undressed under the rain and now she has a lightness O_o), the greater the chance that they will let things go in the near future.



In general, when drafting a claim, it is important to indicate as much useful information as possible: e-mail, telephones, faxes. Any information as long as it was relevant to the consideration of the case.

What's next

Now the claim must be signed. If there are a lot of plaintiffs (a neighbor was also substituted for grandmothers), then each of the participants signs.



The statement of claim must be attached:

- A copy of the claim in accordance with the number of respondents;

- receipt of payment of state duty (the amount is determined by the percentage of the claim price, but not less than 200 rubles, you can read in the tax code of the second part of Chapter 25);

- documents with evidence of violations, with copies for the defendants. However, the Code of Civil Procedure gives us the right to present evidence during the proceedings, it is a sin not to use it. It is not necessary to dump everything into the case file; some dirty trick should be reserved for presentation directly at the trial;

- calculation of the recovered amount of money, plus a copy for the defendant;

- if we are not going to court, then a power of attorney for a representative (I think this will not be useful).



If desired, the list of documents can be done more, the main thing is that they are on the topic.



You can apply for the installment payment of the fee (if there was no money with you). Then the petition must be attached to the claim. If it does not work, the amount will still be returned.

Done

The claim must be submitted to the court at the place of residence (registration). There may be variations with jurisdiction. If a lawsuit is filed solely within the framework of the Civil Code (compensation for harm, for example), jurisdiction is determined by the Code of Civil Procedure unequivocally: either by the location of the defendant or by the place of injury.

But if a lawsuit is filed under the ZOZPP (for example, the provision of services of inadequate quality, which also applies to providers) can be filed anywhere. Part 7, Article 29 of the Code of Civil Procedure states speaks about “the place of residence or place of stay”, and since the citizen is not obliged to register temporarily at the place of stay during the first 90 days of stay - a claim (theoretically) can be filed in another court. At the place of harm is usually easier to get.



We are looking for our district judge (usually so) and get to him at the reception hours. We give a pile of documents in hand. This is faster, but requires considerable dexterity to stand in line. Option two is to send by registered mail , which is clearly longer, but excludes the likelihood of getting to the wrong judge . Eliminates a large number of nerves. So that the lawsuit does not get to just anyone, you need to address it to a specific judge (“the magistrate judge of plot No. 123 Ivanova Vera Polikarpovna”, etc.) and send it by registered letter with acknowledgment of delivery. Jurisdiction of cases by polling stations and the names of judges can be easily found on the Internet (for large cities, and in small, and so polling stations, three pieces and everyone knows everyone). The third option is absolutely for extreme lovers - the expeditionary department of the court. They usually send an application in the right course, but more often the claim is rejected.



Within 5 (five) days, the judge issues the issue of accepting the suit to the proceedings. And the gears spun.

If something is wrong

The statement of claim may be rejected if there are any reasons of the following nature:

- this claim must be considered by another court (arbitration or arbitration). Sometimes in the contract between the quarreled parties such a line sounds;

- when challenging the rights of third parties (and we harness them for them);

- the court has already made some decision on this case and for 10 days we have not made any appeals;

- the claimant suddenly changed his mind to give a claim, then the case is peacefully closed;



The judge must reasonably present the reasons and send the claim back with all documents within 5 days. This means that they are not waiting for you there again. Full fiasco. However, within 10 days you can appeal against the refusal of the judge.



So there is the concept of return of the claim. This happens in case of insufficient evidence or incorrect preparation of the claim. Then we finish as required and send it back into circulation.



UPD: edits are made specifically for harm to a private person from a certain company.