Preparation of a statement of claim to the court, objections to a civil case

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Whatever party in the legal process, you do not act - the plaintiff or the defendant - the outcome of events depends on the correctness of the statement of claim, response to the claim, the collection of necessary evidence, documents, adequate justification of claims, the competent selection of the legal framework.

To independently prepare a lawsuit, it is necessary to study in detail the current legislation, current norms of civil and procedural law, to accurately determine the jurisdiction of the court. Criminal and civil cases in Ukraine are considered by courts of general jurisdiction at the location of one of the parties, the conclusion of the contract, causing damage, etc.

A person without legal education is difficult to understand all the nuances, competently draw up a claim, to determine the role of third parties in the civil process. Therefore, in court proceedings it is advisable to seek the assistance of a lawyer. Legal Solutions lawyers will help you to present the real state of affairs in a competent way in the statement, will advise you how to act so that the court will be on your side.

Contents of the statement of claim

Mandatory elements of the document:

• name of the court of first instance, to which the claim is filed;
• information about the plaintiff, defendant (full name or name, address of residence or registration, identification code);
• statement of claim, including the amounts in dispute or subject to recovery;
• description of the circumstances on the basis of which the plaintiff has the right to apply to the court;
• references to the rules of law justifying the claim;
• list of attached documents;
• signature of the plaintiff and representative (if any).

We do not use templates in our work, as two identical cases do not exist. To each client we apply an individual approach.

What information contains the answer to the claim

The defendant, who does not agree with the statement of claim, can express his objections in writing. The response, as well as the claim, is stated in the form established by the current legislation and contains:

• name of the court;
• information on the parties to the proceedings;
• lists of claims recognized and not recognized by the defendant;
• substantiation of the objection;
• a list of documents to be submitted as evidence;
• objections regarding court costs.

The document shall be signed by the defendant or his representative.

Stages of filing a statement of claim or withdrawal

Each procedure is individual. In general terms, the order of actions is approximately the following.

1. The study of the lawyer of the arisen situation.
2. Searching for arguments indicating a violation of the rights of the plaintiff.
3. Collection of evidence.
4. Drawing up a statement.
5. Payment of the court fee, if it is provided.
6. Collection of documents.
7. Submission of documents to the court office in person or by mail.

Interested in the cost, more detailed information about the procedure? Leave a request on the Legal Solutions website. We will consult you in person at our office in Kiev, in any of our representative offices or by phone. We will help you to solve even complex legal issues.

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