How to properly file a statement of claim for recovery of debt in court?
In the case where the debtor is not going to returntaken for a time money, the creditor can apply to the judicial authorities. If the debt was formed as a result of a relationship that is inextricably linked with business, then such cases will be considered in an arbitration court. It should be taken into account that in this case the developed claim for collection of debts is submitted to the court at the location of the debtor.
There are, of course, exceptions to whichto attribute the fact when the place of residence of the debtor is simply not known. In this case, the claim is filed at the location of any property. Note that the claim for collection of debts can be filed at the place of execution of the contract concluded between the parties.
Before filing a statement of claim, you shouldtake some measures to collect the debt. For example, before applying to a court, the debtor should send a written claim to collect the forfeit. If this procedure is not carried out, the court has the right not to accept the submitted claim for consideration. The claim must be drawn up so that its recipient clearly understands what is at stake. It should specify which obligations the debtor must fulfill, which documents confirm the debt, explain the obligations under which a debt arose. In addition, it is necessary to write the full amount of the debt, as well as other circumstances that will help resolve the case in pre-trial order.
How to write a statement of claim for debt collection?
At once we pay attention to the fact that allobligatory requirements legislators fixed in Article 125 of the agrarian and industrial complex of the Russian Federation. If a person has little experience in drafting a statement of claim, the obligatory conditions for filling must be met. At the beginning of the application, or rather in his cap, the name of the court is indicated, as well as its address. Then follows information about the plaintiff, his data and information about the defendant are indicated.
In the event that the legalperson, it is necessary to pay attention to the correct indication of the legal address of the organization. If the respondents are more than one, you must specify the addresses of all. You can also specify the coordinates of third parties - of course, if their presence is necessary. The statement of claim for collection of debts must be written in several copies, so that all persons present in the case will be sufficient. In the text of the claim itself, it is necessary to stage out in stages all the circumstances that confirm the plaintiff's position. There are no special requirements that regulate the writing of the content of the text, but there is still some information to be structured. In this case, the judge will not have any additional questions.
If, for example, a claim for recoverythe debt under the loan agreement will not be properly drawn up, the court secretary has the right to return it to the plaintiff for the correction of certain inaccuracies and deficiencies. It is for these reasons that you should take advantage of the advice of competent and experienced lawyers who can help to make the right document.