Submission of a statement of claim to the arbitration court. Rules of drawing up of the statement of claim, the order and terms of submission, state duty

The filing of a statement of claim in an arbitration court is a process to which it must be taken with all responsibility. It is advisable to connect a good specialist in the field of jurisprudence to this case, as the requirements set by arbitration judges for participants are quite high. The slightest oversight, mistake or misunderstanding of the situation can result in a refusal to satisfy the claimed claims.

Arbitration disputes and courts

The judicial bodies under consideration are specialized. They deal exclusively with disputes arising between business entities. That is, parties in arbitration cases can only be organizations of any form of ownership and individuals who are registered as entrepreneurs in the manner prescribed by law. If one of the parties to the case is a citizen who is not engaged in business, then such a dispute will be considered not by arbitration, but by a court of general jurisdiction.

Taking into account the fact that disputes arise between subjects of entrepreneurial activity, courts impose stricter requirements for such processes than in the Union. For example, a lawyer who files a suit in court must justify his position with the application of legislative norms, otherwise the court can take the position of the defendant and refuse to satisfy the demands.

Preparation of the claim

The filing of a statement of claim in the arbitration court must take place according to all rules established by a special normative act. This act is the Arbitration Procedural Code. It is there that describes the requirements for the statement of claim. So, the claim to the arbitration court, a sample of which can be found in our article, must contain inalienable and mandatory attributes. Among them are the following:

• The name of the court to which the document is sent;
• Information about the plaintiff and his defendant, which include the name, organizational and legal form, address, telephone number, etc .;
• The essence of the requirements;
• Substantiation of their position;
• The claim to the defendant, which the plaintiff requests to satisfy the court;
• Other important circumstances necessary to reflect the claim, according to the plaintiff.

The claim is signed by the representative of the organization, its director or other person who has such authority.

Preparation of an attachment to a lawsuit

Having made the statement of claim, it is necessary to start preparing documents that will prove the claims of the plaintiff. Depending on the nature of the dispute, these documents can be any paper (payment orders, contracts, letters and answers to them, bank statements and much more). It is these documents that the plaintiff will prove the consistency of his claims, and therefore their absence will be an obstacle to meeting the claimed requirements. At least, this will significantly complicate matters.

Among the documents that need to apply to a lawsuit, not only evidence. So, among the mandatory documents there are powers of attorney, which confirm the powers of representatives; Constituent documents, which testify to the proper legal status of the plaintiff; Claims that the plaintiff must send to his opponent before filing a suit with the court. In addition, the applicant has the right to attach to his appeal other documents that he considers necessary for objective proceedings.

Ways of submitting an application

Having prepared the claim in the arbitration court, a sample of which is also placed in the premises of the courts, and an annex to it, you must send the documents to the state body. This action can be carried out in several ways. So, how to file a lawsuit in court?

1. Personally applying to the judicial authority. You need to go to the office of the court, provide a complete package of documents. On the second copy of the claim, the court specialist must sign that will confirm the receipt.
2. Through the Internet resource. This is most likely the easiest way, since there is no need to visit the judicial authority. In order to transfer your requirements in this way, you first need to scan all documents into separate files, each of which to name, specify the number of sheets in the file. After that, through the official site of the court to send documents and wait until they are accepted. As a rule, registration takes place within 1 day. Important! It is necessary to be registered on the portal of "State Service".
3. Through the postal organization or through its representative.

Grounds for leaving a statement without movement

Submission of a statement of claim to the arbitration court must be accompanied by subsequent supervision and control over its movement. In cases where the claim or attachment to it does not comply with the requirements of the law, the judge has the right to leave it without movement. In other words, consideration of the application is suspended, the applicant is given the necessary time to eliminate the existing comments. Usually among such comments is the underpayment of state duty, the lack of necessary documents. If the plaintiff succeeds in the time specified by the judge, to correct the deficiencies, to bring the required documents or to pay the state fee, then the judge accepts the claim for proceedings and proceeds to prepare for the trial. If the plaintiff does not follow the instructions of the arbitration court before the appointed time, the claim will be returned. The return by the arbitration court of the statement of claim does not deprive the plaintiff of the right to reapply it, of course, eliminating all the shortcomings.

Grounds for the return of the claim

The above circumstances, according to which the claim is sent back to the plaintiff, are not the only reasons for this action. The arbitration court can return the statement of claim for other reasons. As a rule, such reasons are very significant and can not be eliminated as soon as possible. For example, the reason for the return is that the application was signed by a person who did not have the right to do so. Other circumstances will be, for example, violations of the established procedure for filing, including non-compliance with the mandatory order in the direction of the claim. On its decision to return an application submitted with violations, the arbitration must make a determination. This judicial act is forwarded to the plaintiff, after which he is given 15 days for his appeal. If no private complaint is filed during this period, the determination becomes effective and the documents are sent to the applicant.

Statute of limitations

As you know, everything has its limitations. It concerns also legal cases. In the arbitration process, the statute of limitations is applied to those cases, the circumstances of which happened long ago. It should be noted that each category of affairs has its own statute of limitations. Basically this period is defined by three years, but sometimes it can be less, sometimes more. For example, according to the requirements for invalidating a treaty, this limitation is only one year. On the contrary, for claims for the elimination of violations of rights, such prescription is absent altogether, that is, a claim can be made even after many years from the date of such violation. In order for the limitation of actions to be applied by the court, it is necessary to declare an appropriate petition. The court will take it into account, and the matter will be terminated. However, if such a request is not received from the party of the process, the case will be examined on the merits. Therefore, it is important to comply with the statute of limitations for the filing of statements of claim.

Trial

The procedure for arbitration is similar to that in the Union, with a few exceptions. For example, if in courts of general jurisdiction the case must be completed within 2 months from the moment of its registration and acceptance to production, then in arbitration this term is increased to 3 months. Naturally, this is due to the rather large complexity of economic affairs. The trial itself consists of a preliminary court session, the main trial, acquaintance with the case materials, judicial debates and, in fact, making a decision. At each of these stages of the claim, the applicant must make every effort to ensure that his demands are confirmed. If this is achieved, then the court decision will be in favor of the plaintiff. Do not forget about the defendant, who will also prove his case by all means, convincing the judge to take the act in his favor.

The price of the claim and payment of state duty

The state fee for the claim in the arbitration court is determined by the rules established by the Tax Code. Before applying to the court, you need to carefully study the rules of this legal act, calculate the correct amount to pay the fee. Ultimately, this will save time. For a faster calculation of the fee, you can still apply to the official site of arbitration, where there is a calculator for calculating it. The amount of payment depends on the amount of claims, therefore, the more financial claims the plaintiff makes, the more he will have to pay a contribution to the state's income. Consolation only the fact that in case of satisfaction of the requirements this amount will be recovered from the defendant. In some cases provided for by the APC, payment of the state duty may be deferred, delayed, but this should be requested. The state duty for the statement of claim in the arbitration court can be paid both in banking institutions and through Internet resources.

Judgment

After the judicial debate, the judge makes a decision on the case. Up to this point, you can file additions to the statement of claim in the arbitration court or other changes in the claim. After the judge leaves for the deliberation room to make a verdict, no additional documents and statements will be accepted. After the announcement of the decision, the court is given the necessary time to print it. From the moment it is made in the final form, the countdown begins for the appeal to the highest authority. This period is 30 days. Upon his passing, the judicial act shall enter into force and a writ of execution shall be issued. If any party has doubts about the objectivity of the decision, then, of course, it is better to appeal it to the Court of Appeal. To do this, it is necessary to draw up a complaint, pay the state fee and send it to the appropriate authority.

Execution of judicial act

Having received the writ of execution, it should be sent to the bailiffs who will be engaged in debt collection or other execution in accordance with the verdict. It is easy to find out where to send a writ of execution, it is necessary to visit the site of the Federal Bailiff Service and indicate where the defendant is registered. Another way to enforce court decisions related to the collection of debts is to send a writ of execution to the bank where the debtor's accounts are located. This method is characterized by a faster execution, subject to the availability of money on the accounts.

Thus, we considered the issue of how to file a statement of claim in court and what to do after that. In practice, of course, there will arise all sorts of questions and inconsistencies. However, knowing the procedure and deadlines for filing a statement of claim in the arbitration court, you can already solve other problems as they are received.

Another option is to appeal to lawyers. However, you should know that the cost of drawing up a statement of claim in an arbitration court is quite high, and therefore you need to be ready for spending.