How to file a Claim Cap in the World Court

What does the World Court do?

The magistrate hears cases related to divorce proceedings, alimony payments, as well as hooliganism, petty offenses and even illegal business. In addition, he alone makes decisions. In accordance with Article 3 of Federal Law No. 188 “On justices of the peace in the Russian Federation” dated December 17, 1998, the powers of a justice of the peace include civil, administrative and criminal proceedings. This authority is addressed to:

for divorce if there are no disputes between the spouses about children;
to resolve cases of violation of consumer rights, if the claim does not exceed 100 thousand rubles;
for the division of property between spouses, when the amount of the claim is no more than 50 thousand rubles;
civil claims, which are specified in Article 23 of the Code of Civil Procedure of the Russian Federation;
administrative violations specified in Article 23.1 of the Code of Administrative Offenses of the Russian Federation.

How to file a claim with a magistrate

The civil cases specified in Art. 23 Code of Civil Procedure of the Russian Federation:

on the issuance of a document such as a court order (a ruling issued on claims for the collection or reclaiming of movable property worth up to half a million under transactions in simple written form or certified by a notary);
on the dissolution of marital relations in the absence of a dispute over the upbringing of children;
on the division of property acquired jointly by spouses during marriage, if its value does not exceed 50,000 rubles;
property cases, with the exception of cases of inheritance disputes, with a claim value of up to 50,000;
for disputes based on legislation on the protection of consumer rights, with a claim price of no more than 100,000 rubles.

A statement of claim is filed in the court district of the magistrate according to the general rule at the location of the person who is the defendant in this dispute.

In the case of consideration of administrative cases, filing a claim with the magistrate is carried out by specially authorized state bodies, and the defendants are citizens. In accordance with the provisions of Chapter 11.

1 of the CAS of the Russian Federation, this authority has jurisdiction over the requirements for issuing a court order for the collection of sanctions and mandatory payments. In addition, he considers cases of administrative offenses specified in Art. 23.1 Code of Administrative Offenses of the Russian Federation.

These are not only minor offenses, hooliganism, for example, but also such as illegal entrepreneurship.

This authority also carries out a criminal investigation, jurisdiction is determined according to Art. 31 Code of Criminal Procedure of the Russian Federation.

It is determined by the punishment: if it is less than three years of imprisonment, the charge is verified by the magistrate's court (with the provided restrictions and exceptions).

Thus, it considers the most simple disputes as the first instance. But in this capacity, they check not statements of claim, but statements of crimes.

In order for the judge to begin legal proceedings in the magistrate's court, the application must be sent to the correct address. The examination is carried out at the location of the defendant, therefore, it is necessary to find out his address.

Find out the addresses of the courts directly in the building of the judicial authority or on its official website, or by phone. In the capital, for example, all addresses are listed on the website of the Unified Information Space of Justices of the Peace.

How to write a statement to a magistrate

To go to the magistrate's court, you must correctly draw up a statement of claim to the magistrate judge. In accordance with Article 131 of the Code of Civil Procedure of the Russian Federation, a claim must be filed only in writing. In this case, the application must include:

the name of the court to which you are applying;
FULL NAME. and place of residence of the plaintiff;
last name, first name, patronymic, place of work, place of residence, date and place of birth of the defendant;
one of the defendant’s identifiers (if known): passport data, insurance number, driver’s license or vehicle passport information, identification number;
a violation that restricts the rights and freedom of the plaintiff;
a detailed description of the circumstances on which the plaintiff’s claims are based;
evidence that confirms these circumstances;
the cost of the claim (if subject to assessment);
information about pre-trial proceedings (if any);
list of attached documents;
signature of the plaintiff or his representative (if there is a notarized power of attorney).

In addition, the claim can include the plaintiff’s contact information (phone number, email), as well as the defendant’s contact information, if known.

We recommend using a sample application to the magistrate’s court for alimony, divorce, division of property, etc. This will help avoid errors in registration and increase the chances of acceptance of the claim.

STATEMENT OF CLAIM

(indicate the essence of the claim, for example, “for debt collection”)

“_____”_________ 20____ between me, __________________, and _____________________

(full name of the plaintiff) (full name of the defendant)

______________________________________________________________________________ (indicate the essence of the legal relationship between the plaintiff and the defendant, date and circumstances

the emergence of such legal relations (for example, an agreement was concluded on ...))

(indicate what exactly the violation of rights and

legitimate interests of the plaintiff or the threat of their violation)

In this case, the defendant________________________________________________________________

(indicate what actions or inactions on the part of the defendant may lead to the above

negative consequences for the plaintiff, describe the circumstances on which the plaintiff bases his

As evidence you can cite _____________________________________________________

confirming the events and circumstances described by the plaintiff)

The above can be confirmed by witnesses:

(full name of the witness, his address, phone number)

The cost of the claim is ________________________________________________________________.

(indicate the price of the claim, if this claim is subject to assessment)

The claim price was calculated on the basis of ________________________________________

(provide calculation of the claim price)

Pre-trial dispute resolution procedure provided for by __________________________

(indicate the rule of law

or clause of agreement)

was complied with, as confirmed by _________________________________________________.

(indicate information on the basis of which you can

draw a conclusion about the conduct of pre-trial settlement procedures)

In accordance with ________________________________________________________________.

(indicate the legal norms on which the plaintiff’s claims are based)

Based on the above, guided by articles _________________________________,

(specify specific standards)

Ask:

(indicate the plaintiff’s claims against the defendant)

Applications:

copy of the statement of claim - in ___ copies. on ___ l.;
document confirming payment of the state duty - ___ copies. on ___ l.;
documents confirming the circumstances on which the plaintiff bases his claims - in ___ copies. on ___ l.;
copies of documents confirming the circumstances on which the plaintiff bases his claims - in ___ copies. on ___ l.;
documents confirming the fulfillment of the mandatory pre-trial dispute resolution procedure - in ___ copies. on ___ l.;
calculation of the amount of money collected or disputed, signed by the plaintiff - in ___ copies. on ___ l.;
copies of the calculation of the recovered or disputed amount of money, signed by the plaintiff - in ___ copies. on ___ l.;

This is important to know: How much does it cost to file a claim in court?

"___"_________ 20___

(date of application)

(signature of the applicant with transcript)

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State duty amount

To file an application to the magistrates' court for divorce or any other matter, you must pay a state fee. Its size depends on the type of claim. For example, a claim for divorce will cost 600 rubles, but a property claim, which is subject to assessment, is calculated depending on the amount of the claim. You can find out exactly the amount of the state fee on the official website of the “Judges of the Peace of St. Petersburg” in the “State Duty Calculator” section.

In general, the state duty can be from 150 to 2,200 rubles for individuals and from 3,000 to 6,000 for legal entities. Only the application for a court order is provided free of charge.

How to write a statement of claim to a magistrate: sample, list of required documents

When people are unable to resolve a dispute or reach mutual agreement, they turn to the court for help. First, you need to find out which of the courts - the world court or the district court - is considering issues similar to the one that has arisen, then study the legislation regarding the controversial situation or consult with a lawyer and draw up a statement of claim.

Expert opinion

Sample statements can be found by contacting the magistrate’s court and, based on them, you can choose a template for your claim. The judge’s decision directly depends on the quality of preparation for the trial, so you need to study all the nuances of this procedure in advance.

What documents must be attached to the claim?

Article 132 of the Code of Civil Procedure of the Russian Federation regulates the mandatory list of documents that must be attached to the claim:

receipt of payment of state duty;
a document that certifies the authority of the plaintiff;
papers that indicate a pre-trial settlement (mandatory only if this is established by federal law);
documents that confirm the circumstances specified in the application (for example, a child’s birth certificate and a divorce certificate when filing a claim for alimony);
if the statement of claim is subject to assessment, calculation of the amount recovered or disputed;
if there was an attempt at reconciliation, documents that confirm the attempt to peacefully resolve the conflict;
a notice of service or any other documents that confirm that copies of the statement of claim were sent to other participants in the lawsuit.

Please note that depending on the type of claim, the package of documents may differ. We recommend that you clarify in advance what papers and certificates need to be attached to the application.

Requirements for filing a claim

An appeal to the magistrate's court is made in printed or handwritten form. The Civil Code of the Russian Federation (Article 131 and Article 132) contains information on how to correctly write a statement of claim and what is the procedure for its consideration, as well as the requirements for the document. It should be remembered that the judge will not accept the application if it is left in an arbitrary form without complying with established norms, and also if the consideration of the case is not within his competence.

Before filing an application, you should consider your requirements and identify the appropriate defendant. When drawing up a claim, the applicant must look at the circumstances from the outside in order to describe the circumstances in detail and as objectively as possible. There is no need to use abbreviations or acronyms. When describing a controversial issue in a claim, you need to cite specific facts and accurately indicate the time and place of events. The claims must clearly demonstrate a causal relationship with the circumstances presented.

When submitting an application to the court, citizens must take into account the statute of limitations established by law, that is, the time during which a claim can be filed in court. Currently, the law establishes a three-year limitation period. This rule applies absolutely to all disputes resolved through court. Thus, from the moment the violation occurs, citizens have three years to challenge a certain fact in court.

[What must be specified?]

The text of the application is drawn up in an official style. Neutral language must be used. The law does not provide for any requirements for the length of the document, but it is desirable that the text be concise and well-reasoned. There is no need to write about your own assessment of your opponent’s actions; the judge will draw his own conclusions. Moreover, there is no need to insult the defendant and use slang or obscene language. Such text will only harm the applicant.

This is important to know: What to do if you receive a statement of claim

It is better to draw up your claim according to the sample (see above). Claim forms are usually posted on stands in the court reception area. In the submitted application (claim), you will need to provide the following information:

contact details of the plaintiff (last name, first name, patronymic, residential address, telephone, etc.);
information about the defendant;
address and name of the judicial authority where the document is submitted;
surname, name, patronymic of the judge;
a description of the violation or the nature of the dispute;
cost of the claim (calculated in accordance with the law);
requirements for the claim (to pay off debt, file for divorce, etc.);
substantiation of requirements and proof of one’s own innocence;
list of attached documents;
date and signature of the applicant or his legal representative.

[What documents should be attached?]

When the statement of claim is drawn up, it needs to be supplemented with some annexes, which depend on the circumstances of the case. First of all, these are documents confirming the validity of the plaintiff’s arguments. Documents must have evidentiary value. It wouldn’t hurt to make a copy of the application and all attached documents in advance. The number of copies depends on the participants in the trial, because each of them must have a copy of the papers in question.

Court cases that provide for the possibility of pre-trial settlement of a dispute, for example, by filing a claim, must be supplemented with documents of relevant correspondence (letters and responses to them, etc.). It should be understood that failure to comply with the requirements may result in refusal to accept the claim and consider the case. Regardless of how the requirements are established - by legislative acts or by agreement of the parties, all parties to the litigation must adhere to these standards.