How are claims, applications, lawsuits and complaints prepared?

Legal statements are written requests to courts, authorities, or counterparties with a specific request or message. A well-written statement increases the chances of success in a case.

According to Article 55 of the Constitution of Ukraine, every individual or legal entity whose rights have been violated has the right to protection in court. To do this, he must apply to the court in compliance with all the rules of jurisdiction.

However, the preparation of statements, petitions and other documents that will have weight during the trial is a complex task that requires in-depth knowledge of procedural features. And it is at this stage that the help of a lawyer or advocate “DE-JURE” will be needed, who will make sure that all documents are drawn up correctly and their content corresponds to the subject of consideration.

Why is it important to properly execute legal documents?

If the form of a procedural application is violated, the court may not accept it and return it to the applicant. In fact, this is the main reason for refusals by judicial authorities. For example, according to Article 175 of the Civil Procedure Code of Ukraine, the court may consider a violation of a procedural document to be the failure to indicate information about the presence of electronic accounts by the participants in the process or the failure to indicate the amount of the claim. If this concerns a claim, appeal or cassation complaint, the court leaves the document without action and provides a certain time to eliminate the shortcomings. If the indicated shortcomings are not eliminated in time, the court returns the document to the applicant, and the complaint is considered not to have been filed. In this regard, a new problem arises: the need to renew the procedural term for filing a claim, appeal or cassation complaint, taking into account and eliminating previous shortcomings.

What is the role of a lawyer in preparing claims and complaints?

A lawyer is a person who is familiar with the nuances and understands the peculiarities of the procedural compliance of a document with the requirements of the rules of judicial procedure. He correctly forms the evidentiary base and formulates a strategy and an effective vision of the legal solution to the stated tasks. In minor disputes (those in which the cost of the claim does not exceed 30 times the subsistence minimum for able-bodied persons: divorce, appointment or transfer of alimony, etc.), a lawyer has the right to represent the interests of his client in court. In cases of other disputes, you should contact a lawyer. The law firm “DE-JURE” employs both lawyers and attorneys specializing in legal practice in various areas.

Where does the preparation of applications and claims begin?

The preparation of applications and claims to the court begins with a consultation with a lawyer (advocate), during which the lawyer gets acquainted with the initial vision of the problem, assesses the prospects of the legal case and helps the client correctly formulate the task and vision of the process. Then the lawyer and the client conclude an appropriate agreement on the provision of professional legal assistance or legal services. Based on the agreement, the lawyer begins to study the available materials, form an evidentiary base, create a strategy for protecting the violated right (interest), restore justice and recover damages for the violations caused.

What documents should a client provide to draw up a legal document?

If we are talking about preparing a statement of claim, then the client must provide all documents that confirm the subject of the claim or at least have significance for confirmation. The lawyer (advocate) in turn examines these documents and decides whether they are appropriate admissible reliable evidence in the subject of the claim. For example, when it comes to a case of collecting debts for utility services of an apartment building, the representative of the apartment building submits proof that the debtor (individual or legal entity) is a co-owner of the building under his management, and a calculation of the amount of debt at the time of filing the application.

What mistakes can be made when preparing documents independently?

Anyone can, if they wish, prepare legal documents for the court on their own, but they risk making critical procedural errors, which will result in a refusal. Among the most common mistakes when submitting documents to the court independently, the following can be distinguished:

• violation of the form of a procedural document. Non-compliance with the requirements of procedural law threatens to stop the movement of the statement of claim and, in the future, the refusal and return of such a procedural document. That is, a person will waste time and effort;
• incorrect calculation or payment of the court fee on incorrect details. Then the statement also remains without movement, and if the shortcomings are not eliminated within the established period, it is returned and considered not to have been filed;
• failure to send a document or annexes to it to other participants in the case. Few ordinary people know that there is a whole mechanism for correctly compiling evidence confirming the sending of procedural documents and annexes to them to other participants in the case;
• improper submission of evidence to the court. When the evidence is not certified in the prescribed manner, the court may consider it unreliable;
• when filing a claim appeal, it is not indicated whether the plaintiff or the defendant has the originals of the evidence submitted to the court, or an incorrect submission of a motion to attach such evidence to the case materials.

These are not all the subtleties that you have to deal with when applying to court. To be sure that the documents on the case are drawn up and submitted in accordance with procedural requirements, it is worth using the services of a lawyer to draw up a statement of claim or entrust representation in court to a lawyer.

What are statements, claims and complaints?

Depending on the nature of the case, statements, complaints and claims are submitted to subjects of state authority (state bodies, local governments, police, CCC, TSP, etc.), individuals and legal entities (OSBB, management company) – the legal and organizational structure in this case does not play a role. Statements, complaints and petitions can be considered both in pre-trial and judicial proceedings.

Stages of preparing claims against counterparties and partners

When concluding a contract, the parties themselves establish the procedure for pre-trial settlement of economic disputes. The counterparty whose rights have been violated can write a claim to a lawyer, which includes the following stages:

1. Collection and analysis of documents relating to the grounds for making a decision to file a claim (for example, a contractual obligation, invoices for the supply of goods, payment receipts);
2. Study of regulatory legal acts that regulate the disputed legal relationship.
3. Formulation of requirements for the counterparty.

If the claim contains an instruction on the payment of funds, it must contain a calculation of the amount that the other party must pay and bank details.

Filing complaints about actions or inaction of state bodies

Actions or inaction of state authorities can lead to violation of the legitimate rights and interests of citizens and organizations. In such cases, justice can be achieved in a pre-trial or judicial procedure. In a pre-trial procedure, a complaint is filed with a higher authority or official (for example, a decision of a district state administration can be appealed in the regional one). The most common are complaints against state or private executors, any officials working in local government bodies, state bodies that do not comply with the law.
In the event that it is necessary to cancel a decision or refuse to make a relevant decision by officials in a judicial procedure, a lawsuit is filed in administrative proceedings with the district administrative court.

How are claims for contractual obligations filed?

A claim for breach of a contractual obligation between counterparties is resolved pre-trial within the framework of contract law. It is filed in any form, with the mandatory indication of the details of both counterparties, as well as the norms and provisions of the contract between the counterparties that were violated. The complaint is filed at the legal address of the counterparty using the details specified in the contract. The recipient of the claim must provide a response within 30 days from the date of delivery or within the period specified in the contractual documentation.

How is a claim for debt collection prepared?

In order to forcibly collect a debt, a person applies to the court for a court order or, as part of a lawsuit, a claim for the collection of funds. The preparation of a claim for debt collection consists of the following steps:

1. formation of an evidentiary base;
2. verification of the grounds for debt collection;
3. drawing up a claim;
4. providing evidence of the amount of actual debt;
5. providing evidence of the debtor’s violation of the terms of the contract for the provision of management services.

All documents must be drawn up in accordance with the requirements of procedural legislation. Also, when preparing a claim to the court, payment of a court fee is mandatory.

Popular Questions

Can I file a complaint or application again?

An application for a court order and a claim for the collection of debt for housing and communal services can be filed again.

How to appeal the results of a claim?

If it was not possible to resolve the dispute between the counterparties out of court (by filing a claim), you can file a lawsuit with the court to terminate the contract or to require a person to perform certain actions (or refrain from them) within the framework of contractual obligations.

What to do if the statement does not meet the requirements of the law?

If the statement of claim or appeal does not meet the requirements of the law, the court leaves it without action, notes the identified deficiencies in its ruling and sets a deadline for their elimination.

When you have eliminated the indicated deficiencies, you must submit a cover letter to the court and attach the necessary evidence confirming the elimination of the deficiencies. And if the deadline is missed, the statement of claim is submitted again with the mandatory attachment of a motion to renew the procedural deadline, which in turn must also be substantiated.