• Legal assistance

>

• Legal services

>

• Help in court

>

• Statement of claim

>

• Review

Legal Center PRAVO LEG, existing since 1996, provides a wide range of legal assistance in conducting litigation at any stage of the case. The lawyers of the PRAVO LEG center will help you prepare a response to the statement of claim, objection, explanation or counterclaim, depending on the circumstances of the case.

What are reviews of claims?

During the trial, third parties and the defendant have the right to provide a response to the claim, objection or explanation of the claims stated by the plaintiff. If the parties to the case have independent demands that may affect the course of consideration of the claim, then a counterclaim should be filed.

The response is a written statement outlining one’s position on the stated requirements, explaining the circumstances of the case, providing evidence or refutations of the claim, and may also contain a pleading part with a requirement to refuse in part or in full, or to satisfy the claim.

In most cases, the question arises: what should a review or objection be provided to the court? According to established practice, both procedural documents are used equally often in court.

The Civil Legal Code (CLC) provides for both options and there is no significant difference. In a response, as a rule, a third party or defendant sets out his legal position on the claims stated by the plaintiff. If the parties to the case have objections, then an objection should be drawn up. The fundamental difference between these documents is only that a response to a statement of claim may contain a neutral position on the claims or even a request for their satisfaction. If a party asks to deny the plaintiff part or all, then it is better to do this in the form of an objection.

During further consideration of the case, if new circumstances or additions appear, the parties have the right to submit written explanations that were not reflected earlier.

When refusal of a claim is impossible

It is impossible to waive a claim brought to court if, in addition to you, the case involves the interests of third parties, also expressed in the claim.

This is important to know: Additional claims in civil proceedings under the Code of Civil Procedure of the Russian Federation: sample

Should you look for a solution yourself or entrust the work to a lawyer?

It is better to entrust the work of legal representation to a lawyer or lawyer. Believe me, he knows the subtleties and nuances that will help you not only save time, but avoid critical mistakes. And you can find experienced lawyers from any city in Russia on YurProvodnik.

Leave a description of the problem and lawyers will give advice and make the best offer

Search for experienced lawyers and attorneys near you

Work with experienced lawyers at fixed prices

After the claim is abandoned and the proceedings are completed, the applicant is returned the application itself and all attachments to it, as well as the original receipt for payment of the duty and a certificate for the return of these amounts (state duties) from the relevant budget. In order to receive a refund of the paid duty, you must present to the tax office a certificate issued in court and a ruling on the completion of the proceedings.

How to write a review?

There are no clear requirements for writing a response to a statement of claim. However, there are certain rules in civil proceedings that must be followed. As a rule, to draw up any document submitted to the court, the rules of the Civil Procedure Code, Arbitration Procedure Code or CAS are used, depending on the type of legal proceedings in which the case is being considered (civil, arbitration or administrative).

• Name of the court, full name or code of the judge, case number
• Full name or name of the parties
• Legal position, explanations, additions, evidence
• Petition for refusal or satisfaction of claim

It is very important to legally substantiate the legal position on the case and formulate the requirements. This section should indicate the rules of law, including references to the Civil Code, legislative acts, Plenums of the Supreme Court (SAC, CC), as well as examples of the application of these rules of law by other judges, indicating decisions that have already entered into force.

Please note: the parties have the right to present evidence and attach materials, so be sure to attach the documents you refer to as evidence. The parties also have the right to file petitions, which must also be attached to the materials.

Revocation procedure

The course of action for a plaintiff who has changed his mind about suing depends on the stage of the process at which the claim is being considered. You can find out about its progress on the official website of the highest authority - the Supreme Court of the Russian Federation.

First, let's look at how to withdraw a filed claim before initiating civil proceedings in the first instance - Article 133 of the Code of Civil Procedure. If the judge has not yet made a corresponding determination (and he has 5 days to do this), the procedure is simple: you need to go to the office and write a statement of refusal. The document is registered with the secretary, after which it remains to wait to see what the judge decides. If the decision is positive, after some time the plaintiff will be given:

• the claim drawn up by the applicant;
• attached set of documents;
• a court order granting the plaintiff's request.

This is important to know: Application of limitation periods in civil law

Along with the attached documents, the applicant will be given a receipt for payment of the “court” fee. To return the money, he needs to keep it, and also receive a certificate from the office stating that the claim was not accepted for judicial proceedings. The document is issued upon the written request of the interested person.

If a citizen managed to withdraw the claim before it was accepted for proceedings, he will be able to re-file an application with similar requirements if the need arises later.

It is another matter if the judge has already accepted the claim for proceedings. In this case, the procedure will become somewhat more complicated. The paper on withdrawal of the application is also submitted to the court, but is announced only at the next hearing in the case. The record records that the plaintiff waived his claims. It must be signed.

Having agreed with the plaintiff’s arguments, the judge issues a ruling that terminates the civil proceedings in the case. If the claim is withdrawn at this stage, the citizen will no longer be able to file it again with the same content. The state will not return the state fee to the plaintiff in such a situation. But the court has the right to assign all legal costs to the defendant if his voluntary fulfillment of the claims was the reason for the withdrawal of the application.

Application services

Legal Center PRAVO LEG provides services for preparing statements of claim, objections, petitions and other procedural documents.

Lawyers will help you competently and quickly prepare any application.

The table shows average prices. You can find out the exact cost by submitting an application:

• Through the online ordering service on the website
• By email
• By phone +7 (495) 771-50-41

The preparation of a statement of claim to the court, an objection, a response, a petition and other documents can be ordered without coming to the office, from any city in the Russian Federation.

Services can be provided both in the office and online (remotely), at the client’s choice.

Make an application (via the website or by email) and receive the document within 1 business day! Final payment for services after document preparation!

Consequences

Based on the refusal, the judicial proceedings are terminated. But in order for the presentation to entail the end of the proceedings, it is necessary to draw up the document legally correctly.

As a general rule, before the start of the trial, the judge asks the parties whether it is advisable to draw up a settlement agreement. And only after the plaintiff refuses to withdraw the claim and the defendant refuses to comply with the demands, the judge begins the trial.

The plaintiff signs the documentation

Consequences of withdrawing a claim:

• The plaintiff does not have the right to re-file a claim in the same proceeding. Going to court will be appropriate only if additional circumstances arise in the case that have not previously been considered in court. A striking illustration is the refusal of an organization to collect receivables from the defendant - after the debt is forgiven, the plaintiff will not be able to reclaim the amount from the debtor through the court: the defendant, in turn, may simply refuse to fulfill the initial obligations.
• According to Art. 101 of the Civil Procedure Code, upon revocation, all costs that the proceedings entailed will be the responsibility of the plaintiff to pay. This must be taken into account in the case of lengthy legal proceedings: the costs can result in significant sums of money.
• In addition to legal costs, the plaintiff reimburses the costs of the guilty party: costs of moving to another city for a hearing, lost profits due to the defendant’s failure to fulfill his duties (especially relevant for individual entrepreneurs), for paperwork and undergoing independent examinations, etc.

Note! There is an exception in which the plaintiff can re-file a statement of claim in court - the presence of a so-called long-term relationship. The bottom line is that if, for example, a company has forgiven 1 debt to its counterparty, this does not mean that it cannot sue him again for payment for another transferred product or service provided, even if the proceedings in the first case were related to debt for a similar product or service.

Refusal of the application in accordance with clause 3 of Art. 333.40 of the Code of Civil Procedure provides for the return of state fees upon an application for the return of the plaintiff’s amounts to the court in which the decision was made. It is necessary to attach a document confirming the fact of payment in accordance with Chapter. 12 of the Tax Code of the Russian Federation. The refund period is established at the legislative level and is 3 years.

We invite you to read: Subjects of proof in the arbitration process, Study of individual means of proof in the arbitration process

You will need to provide the following package of papers:

• a statement of the established form, drawn up in 2 versions, which indicates information about the applicant, grounds for the return of funds, information about the claim - deadlines for drawing up, number, amount of claims, information about the participants in the proceedings, attachments, date and visa of the applicant, as well as settlement an account for transferring returned amounts;
• payment information - in case of a full refund, the original payment document is required;
• identity card of the plaintiff or his representative;
• a copy of the court document.

Important! The period for consideration of such applications is 30 calendar days. After the decision to return is made, the applicant receives a special certificate with which he applies to the Federal Tax Service. Tax officers transfer funds to the citizen’s current account.

If there was only a partial refusal of the stated claims, then the amount of compensation will be calculated in proportion to the changes in the original claim. The mechanism of action of the applicant does not change: it is the same as with the full amount of the withdrawal.

First of all, the Civil Procedure Code of the Russian Federation associates the consequences of abandoning a claim with the impossibility of filing this application again. That is, the case between the same parties on the same dispute will not be considered again. This is the rule set out in Art. 220 of the Code of Civil Procedure of the Russian Federation, there are no exceptions to it. The court case is terminated if such a petition is accepted by the court.

Since civil procedural legislation does not define an exact list of grounds for refusal of claims, the plaintiff’s motives can be almost anything. For example: the defendant voluntarily complied with the plaintiff’s demands or stopped actions that violated his rights.

It is important to know that if the refusal has entered into force, then the applicant will no longer be able to bring this claim again. If any circumstances arise that may serve as grounds for a new trial, the plaintiff must change:

• requirements;
• item;
• grounds.

The most correct decision in this case would be to agree on drawing up a settlement agreement. This document can be drawn up at any time before the removal of the judge for the purpose of making a decision. When applying for a settlement agreement, the parties may retire for negotiations or ask to postpone the meeting to prepare this document.

Thus, the rights of the plaintiff will be protected from fraudulent actions on the part of the defendant. The defendant will receive similar protection of his rights if he fulfills his obligations in good faith. Also, if desired, the responsible person may voluntarily fully admit the claims. This will save time during the consideration of the case.