Before filing a claim you should collect and organize all the documents that will form the basis of it. If the case is complex, you may need to obtain additional evidence from enterprises, institutions and government agencies. In this case, you must first prepare and submit appropriate requests.
The contents of the claim and the attached documents must be disclosed to the defendant and third parties (in case of their participation in the case). For this purpose, in civil proceedings the statement of claim adds the appropriate number of copies with the application. When submitting claim materials to the arbitration court, copies should be sent to other participants of process by mail in advance. Proof of such sending must be attached to the claim.
Before filing a claim, the plaintiff must pay the amount of the registration fee. Its size is defined by the Tax code of the Russian Federation separately for property and non-property claims. The original document (receipt, payment order), evidencing payment of the state duty must be attached to the claim. If, in accordance with the law, the plaintiff has privileges on payment of duty, to a claim supporting document is attached. Also, the court has the right to delay or extend payment of the registration fee. In this case, the statement of claim must be accompanied by a petition.
To any statement of claim accompanied by copies of the documents substantiating the claim. Current legislation does not contain their exhaustive list. These include, in particular, can be classified as: legal documents, contracts, acts, invoices, payment documents, correspondence between the parties on the merits of the dispute, etc. when it comes to penalty amounts to a claim you should attach a calculation of its price. In the case when one is challenged or a local normative act to the suit attached to his text or copy.
Turning to the arbitration court, to a claim, you must attach documents confirming legal status of the parties in the case. These include a copy of the certificate of registration and extract from the unified state register of legal entities and individual entrepreneurs in respect of the plaintiff and defendant.
The absence of required annexes to the statement of claim may lead to the return or left without movement.
The preparation of claim materials you can trust the professionals. In this case, the claim must be accompanied by an attorney, certifying the authority of the person signing and filing, as well as the subsequent conduct of the case in court.