The objection to the claim statement is a denial by the Respondent of the legitimacy of the judicial process (for example, you believe that the plaintiff has no rights to your apartment) or a refutation of one of the claims (for example, do you agree that the right for your living space it has, but not the whole, but only half). There are two types of objections to the claim statement:
• substantive law – that objection, refuting the claim of the plaintiff. Here, the defendant refers to the substantive law and opposed the validity of the claim and the law and actual circumstances. Objecting to the claim so the defendant must prove their innocence and the lack of legal grounds for filing a claim.
• procedure – the objection against the process, where the goal of the defendant is no longer proof of his innocence in the matter, and an indication of the lack of legal grounds for the emergence and movement of the whole process.
To write an objection to the claim statementin the first place, carefully review the essence of the claim, factual circumstances of the case and the law relied upon by plaintiff. You should clearly understand what and on what basis you accuse.
Serve an objection to the claim statement to the court at the place of the hearing.
Making an objection in written form (handwritten), specify the following:
• what the court of appeal
• the name and address of the claimant
• the name and address of the defendant
• the text of the objection (why you disagree) are to be found in a free form
• it is advisable to refer to a specific rule of law
• the court heard, present evidence of his innocence
• in the Appendix present a list of documents that apply
• date and signature
As evidence can be contracts, receipts, receipts, copies of which you are sure is applied to the objection to the claim statement. At the request of the court, be prepared to provide originals.
To prove his innocence with help from the witness, notify the court.
In objection you can make an application (e.g. examination report).
The objection to the claim you can write on any stage of the trial until the court ruled on the merits of the case.
Remember that the written disagreement with the claim – your right, not an obligation. You can not write it, and his right to defend in court.