Recommendations for drawing up a statement of claim for the return of funds
Collecting money through the justice system involves preparing a claim according to the template in accordance with legal regulations. The document consists of five structural parts.
The filing must be carried out according to the jurisdictional structuring: in transactions related to economic legal relations, the statement of claim for the return of funds is addressed to the arbitration court, in all other cases - to general jurisdiction. If the cost of the claim is up to 50 thousand rubles - in the world court, over 50 thousand rubles - in the district court. Failure to comply with these provisions will result in denial of the proceedings.
In what cases can you avoid a claim?
When the submitted documents clearly establish the indisputability of a person’s debt obligations, it is not necessary to conduct a trial in a lawsuit. In such circumstances, it will be sufficient to fill out applications for the simplified issuance by a judicial authority of a document on collection - a court order.
The order of the order presupposes a faster period of consideration, and the state. the duty is paid at half the amount.
The court has the opportunity to issue an order in the following circumstances:
- when the amount of debt is no more than 50 thousand rubles. Such cases are heard by a magistrate;
- if the debt amount is less than 500 thousand rubles. The district court is in charge of the review;
- if the amount of debt is less than 400 thousand rubles. The case may be considered by an arbitration court.
But this form of debt collection may not always be effective and applicable in practice. When the defendant in fact does not recognize the debt, takes all measures to evade the delivery of an order to him, and formally objects to the collection of funds from him - the order procedure for considering the issue is excluded.
Structure and content
A guide for everyone who is preparing a statement of claim to the court for the return of funds is a sample of the established form.
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The document must comply with legal rules for design and content. It consists of 5 structural parts:
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- Introductory: indicate who is addressing where. The name of the body and the details of the parties are specified. The price must be indicated - the amount for which the applicant claims to recover.
- Descriptive: the most voluminous part contains a detailed presentation of information about the essence of the subject of the dispute, the circumstances of its occurrence.
- Supporting: substantiation of the claim, references to legal norms and designation of the purpose of the appeal (“I ask...”).
- Evidentiary: a list of documents that are presented or must be demanded in the process is indicated.
- Final: date and signature of the subject.
Sample statement of claim for refund of funds
This is also important to know:
Statement of claim to court - samples
Statute of limitations
The general legislative rule establishes a certain time frame for citizens who want to protect their legal rights through the court - it is possible to send an application to the court only within three years, from the moment the person learned about:
- the fact of violation of his legal rights by third parties;
- a citizen whose actions or inaction led to a violation of rights and against whom a claim should be brought in order to fully restore rights and recover damages.
This period is called the limitation period. It is used in most cases. However, if a separate regulatory legal act does not determine another (differing in duration) period during which the exercise of the civil right to judicial protection is possible. A term that differs from the general one is called special, since it is specifically established for specific cases.
You should know that the calculation of the period for filing a statement of claim begins not from the moment the citizen’s right was violated, but from the date when he actually learned about the violation (or should have learned about it) and information about the violator.
The law determines that the limitation period for filing a claim cannot exceed 10 years from the moment when human rights were violated (according to Article 196 of the Code of Civil Procedure of the Russian Federation).
If the terms of the agreement concluded by the parties provide for a clear period during which the obligation must be fulfilled (for example, if we are talking about repaying the loan amount), the beginning of the limitation period will be calculated from this date.
Watch the video.
New clarifications on the limitation period: Special periods and their types
The special limitation period is provided for both by civil legislation (Civil Code of the Russian Federation) and other legal acts.
You can include these types of specials in a separate list. deadlines:
- The duration of which is less than one year (for example, if the injured person intends to challenge the fact of his dismissal, then it is possible to file a claim with the judicial authorities against the culprit in the opinion of the employer’s employee only within a month).
- Lasting one year, namely:
- improper performance of work within the framework of a contract (the only exception is situations in which the customer has claims to the task completed by the contractor - in this case, the general statute of limitations for legal challenges will apply);
- in all agreements relating to cargo transportation. When one party to the agreement has claims against the other (it should be noted that in such circumstances, before sending the application to the court, care must be taken to first transfer the claim to the culprit and formalize it in writing);
- in claims for recognition of contested transactions concluded on illegal grounds (such cases include transactions made as a result of deception or misleading of a party);
- within one year, damages caused by the employee to his employer may be claimed in court. The period is counted from the moment the damage was discovered.
- Lasting two years (for example, in disputes that arise during the implementation of an agreement to insure certain property).
- Long terms. They usually last longer than the main period (for example, claims brought on the fact of sea pollution with oil in order to compensate the perpetrators for damages are filed for 6 years).
Where to go
The issue of collection of finances can be relevant both for individuals (refunds for unused tickets, purchase of low-quality goods, illegal debiting of savings from an account) and for legal entities (disputes over contracts, supplies, production operations).
If the transaction is related to entrepreneurial activity, arbitration courts are involved in resolving the dispute.
The subject of a claim for an amount less than 50 thousand rubles implies distribution by the world court, and above this amount - by the district court. As a general rule, a legal claim is filed at the location of the defendant.
Important
A statement of claim in violation of jurisdiction and territoriality serves as a basis for refusal to consider the arguments, regardless of the content.
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State duty when filing an application with the judicial authorities
Volume of government fees during the transfer of a claim to the judicial authorities directly depend on where the plaintiff sends the claim and what exact status it is in. This is explained by the fact that some cases provided for by law exempt applicants from paying fees (in full or in part).
According to subparagraph 1 of paragraph 1 of Article 22 of the Code of Civil Procedure of the Russian Federation, all claims in which individuals and legal entities, state bodies participate. authorities, compulsory medical insurance relating to challenging, protecting violated rights, freedoms, legitimate interests, in various types of disputes (family, civil, housing, labor, environmental, land and others), are usually subject to consideration in courts of general jurisdiction.
Appeal against a court decision in a civil case
Read how to apply for a deferment from paying state fees here.
How to draw up an application to secure a claim in civil proceedings, read the link:
The district court is considered as the court of first instance (in accordance with Article 24 of the Code of Civil Procedure of the Russian Federation).
The amount of the fee paid in this case during the consideration by such a court of statements of claim for property claims, administrative property claims, which are subject to assessment, is directly dependent on the price of the statement of claim and corresponds to the following volumes (according to subparagraph 1 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation):
| Cost of the claim | Volume of government duties |
| In the amount of up to 20 thousand rubles. | 4% of the application price, but not less than 400 rubles. |
| In the amount of 20 thousand rubles. 1 rub. up to 100 thousand rubles | 800 rub. plus 3% of the amount that is more than 20 thousand rubles. |
| In the amount of 100 thousand rubles. 1 rub. up to 200 thousand rubles | 3 thousand 200 rub. plus 2% of the amount that is more than 100 thousand rubles. |
| In the amount of 200 thousand rubles. 1 rub. up to 1 million rubles | 5 thousand 200 rub. plus 1% of the amount that is more than 200 thousand rubles. |
| In the amount of more than 1 million rubles. | 13 thousand 200 rub. plus 0.5% of the amount that is more than 1 million rubles, but not more than 60 thousand rubles. |
Important! State The fee for registration by the court of a court order will be half of the specified amount of the state. duties within the framework of claim proceedings (according to subparagraph 2 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation).
If a property claim, which is not subject to assessment, or a non-property claim is sent to the general court, the state. the duty on them will be (according to subparagraph 3 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation):
- if the claim is filed by an individual, then 300 rubles are paid;
- if the application is sent to a legal entity. person (organization, firm, enterprise, etc.), then the payment will be 6 thousand rubles.
But what if you are a citizen or a legal entity? does a person submit an application to the Constitutional Court?
In such a situation, Mr. The fee for a claim sent to court will be the following amounts (clause 1 of Article 333.23 of the Tax Code of the Russian Federation):
- if a request (petition) is sent – 6 thousand 750 rubles;
- if the organization submits a complaint - similarly;
- if the complaint is submitted by a citizen (individual) – 450 rubles.
Features of the procedure
A mandatory requirement in the arbitration process is claim settlement of the dispute. An appeal is possible if the claim is refused or if no response has been received. Without this step, consideration will be denied. When applying to structures of general jurisdiction, this norm is advisory in nature.
In the category of consumer protection cases, the plaintiff is allowed to apply at his place of residence. The main regulatory act is the law of the same name, according to which, in addition to the principal amount, a penalty may be collected.
In contractual relations, the parties can write down a clause on the choice of a specific option if the need arises to resolve the dispute through Themis.
Important
It is not enough to simply submit a complaint. There must be confirmation of its delivery - a mark on the second copy or a notification of receipt of a registered letter.
A claim is a procedural document, the standards for which are established by law. The category of cases for compensation of a certain amount implies a clear justification of the requirements and establishment of the price of the claim. Cases in this category are considered by magistrates, district or arbitration courts, depending on the subject and the amount of the amount recovered.
This is also important to know:
Sample statement of claim to challenge paternity
Additionally, you can study the basic rules on how to file a sample statement of claim in court.
Several ways to submit a document
Regardless of which court the claim is sent to, there are three options for transferring it:
- Personally;
- Postal Service;
- By email.
The latter method is unlikely to be suitable in this case, since each court will require original documents from you. That is why the first two options will be the most suitable.
When you personally come with a statement of claim, the responsible court official will be required to put a mark on one of the copies of the document confirming its acceptance. Sending documents by mail is certified by a notification of its delivery to the addressee.
