Claim to the arbitration court, example of rent. How to prepare a statement of claim to the arbitration court

Drawing up a statement of claim in arbitration court one of the most important stages V trial. Errors in the document are not allowed, because You can lose the case without ever starting it.

Don’t take risks, order the preparation of a statement of claim from experienced lawyers.
All our claims were accepted for consideration from the first filing.

How much does a claim in arbitration court cost?

The time it takes to prepare a document depends entirely on its complexity and
is from 2 to 4 working days.
Urgent claim - from 1 to 2 business days.

By ordering only the drawing up of a claim, you will receive its text and an appendix to it, which will list all the necessary documents that need to be attached when filing a lawsuit. Additionally, you will receive advice on how and to which arbitration court to file a claim.

Order the preparation of an arbitration claim

The development of a claim includes several stages:

1. Development of grounds and positions
   

   An analysis of the existing judicial practice on similar disputes. The reasons for wins and losses, as well as mistakes made by the parties in such cases, are analyzed. Based on the analysis, the main positions and grounds for the statement of claim to the arbitration court are developed.

2. Collection of applications and evidence

   A list of all documents that must be attached to the statement of claim is compiled.

3. Writing an application

   The text of the statement of claim is drawn up.

What kind of claim will you receive?

✔ Designed specifically for your unique situation.

✔ Containing sufficient grounds to support your claims.

✔ Containing full list everyone necessary documents for filing with the arbitration court.

In a short time you will receive a correctly compiled arbitration claim completely ready to go to court.

Why is a template claim often not enough?

Suppose you decide to draw up a statement of claim to the arbitration court yourself. We found a suitable template, read and studied a lot. You have already accumulated some knowledge, and it seems to you that this is enough. You start registration and a lot of questions immediately appear. After spending time, you end up finding ambiguous answers. You finish writing filled with a feeling of doubt. File a lawsuit at your own peril and risk. Waiting, worrying about possible refusal in accepting a statement of claim by an arbitration court.

Your fears are completely justified, because... If you made any mistakes, the arbitration court can:

• ❌ leave the claim without consideration;
• ❌ leave the claim without movement;
• ❌ return the statement of claim.

The likelihood of one of the above scenarios is very high, because having only theoretical knowledge is not enough. Need experience. A specialist who understands all the legal subtleties and nuances must participate in preparing a claim to the arbitration court.

Mandatory details. Write the name of the arbitration court to which the claim will be submitted. Next, provide detailed details of the defendant. For an organization, this will be the name, location, contact details (telephone, e-mail), place and date of state registration (for individual entrepreneurs). For an individual, indicate the last name, first name and patronymic, place and date of birth, home address, and contact telephone number.

Now, in the center of the sheet, place the title of the document “Statement of Claim” and briefly describe the essence of the appeal.

In the main part of the document, indicate the circumstances that served as the reason for applying to the arbitration court. Describe exactly how your rights were violated, provide and justify the calculation of the amount that, in your opinion, should be recovered from the defendant. In addition, be sure to provide evidence that allows you to make claims against the defendant, referring to specific articles of the Law of the Russian Federation. Tell the court about your attempts to resolve the dispute before going to court.

In the final part of the statement of claim, list your demands on the defendant, addressing the court using the word “Please.” After this, list all the documents attached to the claim in the “Appendix” section specially designated for this purpose. Now put the date and sign, decipher the signature in brackets.

Tip 2: How to write a statement of claim to the arbitration court

A correctly completed statement of claim, taking into account all legal requirements, guarantees half the success in a contested case. You can draw up the document yourself or seek help from specialists.

Instructions

Take a sheet of A4 paper. In the upper right corner write the name of the arbitration court and its location. Next, enter your personal information, postal address along with zip code, you can write contact information, phone number, fax number, email address. After this, write down the details of the defendant and his place of residence. Indicate the surname, first name and patronymic of the person, if this is an individual entrepreneur, or the location of the company, enterprise, organization, if the claim is brought against a legal entity.

In the middle write the name of the document, in in this case"claim". Begin to outline the essence of the case, write down the points of the law that the defendant violated (for example, in bankruptcy cases it is necessary to follow current legislation regulating this area). Give your arguments and the sequence of actions before going to court. Provide the most truthful information possible, try to avoid emotions. The information must be detailed, exclusively on the essence of the issue under consideration. If you combine several issues into one statement of claim, then distinguish them, do not write about everything at once.

Provide the rules of law and specific clauses and articles of the law on the basis of which you defend your right of claim. At the end of the document, after the word “Please,” list the requirements for the defendant. Here you can indicate what you want from the arbitration court, what the dispute is and for what reasons you filed the application. It is possible that the judge, having read the statement of claim, will be able to build tactics in advance court session, relying on legislative framework concerning the case.

Sign the document and date it. You must serve a copy on the defendant, the third party, and the court. Therefore, it is advisable to prepare several copies in advance. There is no need to have your application certified

How to submit a claim to the arbitration court?

By general rule Persons may file a claim with the arbitration court to protect their rights or the rights or legitimate interests of other persons that have been violated or disputed by the defendant (Article 4 of the Arbitration procedural code RF, hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), as well as a number of special entities in order to protect public interests (clause 2 of Article 53 of the Arbitration Procedure Code of the Russian Federation, resolution of the plenum of the Supreme Arbitration Court of the Russian Federation dated July 18, 2014 No. 51).

Before filing a claim, it is worth checking whether the law or agreement has established a mandatory pre-trial (for example, claim) resolution procedure for this dispute. Failure to comply will result in the plaintiff’s application being left without consideration (subclause 2, clause 1, article 148 of the Arbitration Procedure Code of the Russian Federation).

At the same time, an accepted claim in respect of which non-compliance with the claim procedure has been established will not necessarily be left without consideration. If the defendant’s request to leave such a claim without consideration is caused by a desire to delay the process, then it is recognized as an abuse of law, and the case is considered further on its merits (decision of the Supreme Court of the Russian Federation dated July 23, 2015 in case No. 306-ES15-1364, A55-12366/2012).

The claim is signed by the plaintiff or his representative by proxy. The absence of the plaintiff’s signature in the statement of claim or its signing by an unauthorized person is grounds for the court to leave the claim without consideration (subclause 7, clause 1, article 148 of the Arbitration Procedure Code of the Russian Federation). That is, by accepting the claim for proceedings, the court establishes the existence of the plaintiff’s will to protect his interests (Resolution of the Moscow District Court of November 28, 2014 No. F05-13547/2014).

Procedure for filing a claim

Statement of claim to the arbitration court served:

• In writing (can be sent by mail or submitted directly to the court office). Postal dispatch is convenient for situations where the statute of limitations expires: regardless of the moment the application is received by the court, the date of dispatch will be determined by the postmark.
• IN electronic form(Article 125 of the Arbitration Procedure Code of the Russian Federation) - this requires registration on the Internet resource “My Arbitrator”. This system allows you to send a statement of claim and other documents in the form of drawing files, scanned or photocopies (mandatory requirements for the file format and drawing options are provided for in the Procedure for submitting documents to the arbitration courts of the Russian Federation in electronic form, including in the form of an electronic document approved by order of the Judicial Department RF Armed Forces dated December 28, 2016 No. 252). Failure to comply with the submission rules will result in refusal to accept documents, of which the system user will be notified.

If a statement of claim is filed in electronic form (Part 1, Article 41 of the Arbitration Procedure Code of the Russian Federation), the court may invite the plaintiff to provide the original of the submitted document (Part 3, Article 75 of the Arbitration Procedure Code of the Russian Federation). The inability to establish that the claim was filed by the plaintiff entails leaving the appeal without consideration (resolution of the Moscow District Court of December 4, 2015 No. F05-15636/2015).

Structure, content and examples of statements of claim

The structure of the statement of claim can be divided into parts:

• introductory;
• descriptive;
• motivational;
• pleading.

The introductory part should contain:

• name of the addressee arbitration court;
• information about the parties to the case;
• the name of the document itself.

In the descriptive part, the plaintiff sets out the situation in which he is forced to apply for judicial protection. The circumstances stated by the plaintiff are substantiated by the documents attached to the claim.

This is followed by a motivational part, justifying the claim with facts, calculations and legal norms. For example, the absence in the statement of claim of a calculation of the amount to be recovered or an indication of the start date for accrual of the penalty will be a violation of clause 7, part 2, art. 125 of the Arbitration Procedure Code of the Russian Federation (resolution of the Moscow District Court of July 24, 2015 in case No. A40-80028/14).

In the pleading part, the plaintiff must clearly formulate the stated requirements for the defendant. Thus, in one of the cases, the court rejected the plaintiff, who did not indicate, in violation of paragraph 4 of Part 2 of Art. 125 of the Arbitration Procedure Code of the Russian Federation, in the pleading part of the application, which defamatory information should be refuted (resolution of the Moscow District Arbitration Court dated September 17, 2015 in case No. A40-17327/2014).

Sample statement of claim to the arbitration court can be found on the official website of the arbitration court by jurisdiction or downloaded from the links:

• example of a statement of claim to the arbitration court on debt collection;
• An example of a statement of claim to invalidate a major transaction.

Response to the statement of claim to the arbitration court

The APC imposes an obligation on the defendant to send a response to the statement of claim to the arbitration court , as well as to persons participating in the case, indicating objections within a period that gives them the opportunity to familiarize themselves with the response before the start of the court hearing.

The response to the statement of claim is drawn up in accordance with the requirements of Art. 131 of the Arbitration Procedure Code of the Russian Federation and can be submitted to the arbitration court in the same manner as a statement of claim.

The absence of a response gives the court the right to consider the case based on the available evidence or set a new deadline for its presentation.

The response is signed by the defendant or his representative by proxy.

Thus, when drawing up court documents, it is important to comply with procedural laws and be guided by the recommendations of judicial practice. The claims must be stated clearly and to the point, since the outcome of the case largely depends on how well the claim is drawn up. Concerning sample statement of claim to the arbitration court, then its forms are available in a number of sources.

Conducting a case Pre-trial dispute Claim in arbitration Appeal of a decision Securing a claim Execution Representative in an arbitration court Debt collection Defense of the debtor Owner Participant (Shareholder) VAT reimbursement Protection of the defendant Arbitration court Case management (government agency) Business reputation Refusal of a license

Drawing up a statement of claim to the Moscow Arbitration Court. File an arbitration claim. File a claim with the Moscow Arbitration Court.

Price less problem

Price: 7,500 ₽ (advance payment - 100%).

If for some reason you cannot or do not want to order us the service described on this page, but you need it, then you can order us any part of it, that is, an auxiliary service. Below is a description of support services and the ability to order them.

IN Lately the circulation of debts in the business environment with the subsequent bankruptcy of debtors forces organizations to apply to the arbitration court with claims for debt collection.

It is very important to choose the right tactics of behavior, competently argue your position and find its confirmation in legislative acts. Moreover, if a formal error is made when drawing up a claim to the arbitration court, the court will return the claim for revision.

This article reveals the basic rules for filing a claim, and you can also use the services of the center.

Cost of compilation services

When does it make sense to contact a lawyer to prepare a statement of claim?

Arbitration court statistics indicate the significance of disputes regarding the collection of accounts payable from counterparties, intellectual rights, disputes with tax and other fiscal authorities, unjust enrichment, recovery of damages government agencies(including with the Ministry of Internal Affairs, FSSP) damage (including lost profits and lost income), as well as bankruptcy of enterprises and organizations.

Filing a claim with an arbitration court is accompanied by the development of a legal position, which represents a procedure, a set of guidelines, and the party’s position on resolving and settling the dispute that has arisen. To properly develop this line of argument, legal assistance is required in most cases.

How to file a claim in court

It is possible to submit an application to the arbitration court by sending a postal letter with notification and inventory to the court's address or through the office of the arbitration court with a note of acceptance (stamp). The claim must be submitted only in writing, which must be signed by the plaintiff or by a person with a power of attorney. The claim shall be accompanied by supporting documents confirming that copies of the claim with attachments have been sent to the defendant and interested parties.

Pre-trial claims procedure

If, before applying to arbitration, a pre-trial claim procedure is provided, then the person filing the claim must provide evidence confirming compliance with this procedure. Before filing a claim with the arbitration court, I recommend showing the documents to the arbitration court and getting advice.

The statement of claim to the arbitration court must comply with all the requirements of Art. 125 Arbitration Procedure Code of the Russian Federation. When deciding to cooperate with a client and begin preparing a statement of claim to the court, the legal center employees pay special attention to the following:

- jurisdiction of the subject of the dispute. The claim is brought to the arbitration court of the constituent entity of the Russian Federation at the location or place of residence of the defendant or the property;
— ;
- grounds of claim. The basis of the claim is the legal facts, circumstances and evidence on which the plaintiff bases his claims against the defendant, which must be indicated in the statement of claim to the arbitration court. IN otherwise, the statement of claim may be left without movement;
— whether there are force majeure circumstances;
- comparison of judicial practice with the subject of the upcoming judicial trial;
— development and coordination with the principal of litigation tactics;
— collection and preparation of documents necessary for the arbitration court;
— calculation of court fees (state fees). The amount of state duty is calculated in accordance with Art. Art. 333.21., 333.22., 333.37 of the Tax Code of the Russian Federation, you can also use the state duty calculator on the website of the Moscow Arbitration Court (http://www.msk.arbitr.ru/process/duty/calc);
— conducting negotiations for a possible pre-trial settlement, incl. legally justified coercion to sign a settlement agreement;
— writing a pre-trial claim (mandatory “practically” requirement since 2016). The claim procedure for resolving a dispute may also be provided for by the terms of the contract;
— sending a statement of claim to a judicial authority.

An example of drawing up a statement of claim to an arbitration court

It is important to clearly know:

I. Legislative definition of identified contractual violations with selection evidence base and positive judicial practice.
II. Calculation of disputed obligations in monetary or other equivalent.
III. Formation of claims, which in the future will “lie” in a positive decision of the judicial authority.

The lawsuit will consist of the following blocks:

1. name of the judicial authority and its address,
For example: ;
2. plaintiff (you) and name of the defendant. If the plaintiff or defendant is a legal entity, then in the statement of claim to the arbitration court it is necessary to indicate its organizational and legal form and location, which is determined by the legal address of the organization.;
3. the essence (subject) of the requirements. The subject of the statement of claim to the arbitration court is the claim of the plaintiff to the defendant about a violated right, which you ask the court to restore. The subject of the statement of claim must contain references to the provisions of the law that substantiate your claims against the defendant.;
4. grounds of claim. For example: the basis for a claim for recovery of funds under a contract is a violation of the terms of the contract. In a statement of claim for damages, the basis is the fact of harm;
5. collection and preparation of evidence;
6. cost of claim, etc. The cost of the claim is the cost of the substantive and legal claims stated by you in the statement of claim. The collected amounts of fines, penalties and interest are also included in the price of the claim.;
7. wording of the court petition;
8. In accordance with the Arbitration Procedure Code of the Russian Federation, the claim must be accompanied by a receipt for sending the application to the defendant and a copy of the payment order for payment of the state duty.

Based on the peculiarities of arbitration proceedings, when drawing up a statement of claim and submitting it to the court, it is necessary to pay Special attention preparation of a set of applications that must comply with the requirements of Article 126 of the Arbitration Procedure Code of the Russian Federation.

What documents must be attached to the statement of claim to the arbitration court?

1) notification of delivery or other documents confirming the sending to other persons participating in the case, copies of the statement of claim and documents attached to it, which other persons participating in the case do not have;
2) a document confirming the payment of the state duty in the established manner and in the amount or the right to receive benefits in the payment of the state duty, or a petition for “granting a deferment, installment plan, or a reduction in the amount of the state duty;
3) documents confirming the circumstances on which the plaintiff bases his claims;
4) copies of the certificate of state registration as a legal entity or individual entrepreneur;
5) power of attorney or other documents confirming the authority to sign the statement of claim;
6) copies of the arbitration court ruling on securing property interests before filing a claim;
7) documents confirming the plaintiff’s compliance with the claim or other pre-trial procedure, if it is provided for by federal law or agreement;
9) extract from the unified state register legal entities or the unified state register of individual entrepreneurs indicating information about the location or place of residence of the plaintiff and defendant.

All facts specified in the statement of claim must be confirmed. Any unfounded information in statements of claim is not allowed. The circumstances of the case are described by the plaintiff with reference to legislative acts and regulatory documentation.

Sample statement of claim to the arbitration court

To the Moscow Arbitration Court
Plaintiff: ___________________________________,
(indicate the full details of the plaintiff: his name,

Respondent: ________________________________,
(indicate the full details of the defendant: his name,
address, telephone, email)

Statement of claim
about replacement by the supplier of goods of inadequate quality with goods

The amount of the claim is ________________ rubles

State duty _____________ rubles

Indicate when, by whom and where the contract was concluded, which GOSTs, specifications the product had to comply with, indicating the clauses of the contract, under what circumstances it was discovered that its quality did not correspond to the declared or usual in such conditions, what this discrepancy led to, what measures the buyer took to pre-trial settlement of the dispute, what evidence supports the claims made by the plaintiff, etc.

In accordance with paragraph 1 of Art. 518 Civil Code In the Russian Federation, the recipient to whom goods of inadequate quality have been supplied has the right to present to the supplier the requirements provided for in Article 475 of the Code. The exception is when the supplier independently and without delay replaces the supplied goods with those of appropriate quality.

In accordance with paragraph. 3 p. 2 art. 475 of the Civil Code of the Russian Federation, if the defects of the goods were not specified by the seller, the buyer to whom the goods of inadequate quality were transferred has the right to demand that the seller replace the goods of inadequate quality with goods that comply with the contract.

Based on the above and guided by paragraph 1 of Art. 518, para. 3 p. 2 art. 475 of the Civil Code of the Russian Federation, as well as Art. Art. 4, 27, 125, 126 of the Arbitration Procedural Code of the Russian Federation,

ASK:

Indicate your requirements for replacing a product of inadequate quality with a quality one or for a refund of the money paid for it.

Applications:

1. Copy of the supply agreement.
2. Copies of documents confirming the presence of fatal defects in the goods;
3. A copy of documents confirming the pre-trial settlement of the dispute.
4. Receipt for sending the claim to the defendant.
5. Copies of constituent documents.
6. Receipt for payment of state duty.
7. Other documents confirming your position.

Plaintiff: _______________/_________________ (M.P.) “___”_______ ___ g.