How to return a claim from the court
How to return a claim from the court
In some cases, after the filing of a claimA statement in court there is a need to return it back. This may be due to both the reconciliation of the parties, and the mistakes that occur in the statement of claim, which the plaintiff wants to correct.
You will need
- - application for the return of the statement of claim;
- - petition for the return of the statement of claim.
Instructions
1
If the claim statement Filed in a court of general jurisdiction and has not yet been taken by the court for proceedings, write an application for the return of the statement of claim. Please complete it with the following recommendations. In the "cap", enter the name court, In which the application is sent, the nameplaintiff and defendant, their addresses. Below the "caps", in the middle of the sheet, write the title of the document - "application for the return of the statement of claim." In the main text, inform about your desire to return the submitted claim from the court, refer to Article 135 of the Civil Procedure Code of the Russian Federation. Document the document, put the current date. If you represent the organization, its leader must put its signature, it will also require a seal.
2
If the statement of claim was sent toarbitration court, before making a determination to accept the statement of claim for production, you can also apply to the court for his return. However, in this case, the document should be "petition for the return of the statement of claim." Refer to Article 129 of the Arbitration Procedural Code of the Russian Federation (APC RF). The content of the document should be the same as described in paragraph 1.
3
After the application or petitionIssued, go to the court in person. You do not need to use e-mail services, because in this case you will lose precious time and may not have time to file a document before the claim is accepted for production.
4
If you can not go to court in person, send your representative there, whose credentials are certified by a power of attorney issued in accordance with the requirements of the law.
