How to make objections to the statement of claim?

The legislation provides persons involved in civil litigation as defendants with the opportunity to express their disagreement with the requirements that the plaintiff makes to them. To exercise this right, you need to know some rules.

General information

The right, according to which the defendant can send objections to the statement of claim, is established in Art. 149, part 2, sub. 2 of the Code of Civil Procedure. Subjects can realize this opportunity at the preparatory stage of legal proceedings. Written statement of defense can also send others persons interested in business. Feedback on the requirements is made to ensure the protection of the interests of both the defendant and other citizens involved in the process.

Important point

Objections to the statement of claim should as clearly as possible reflect the position of the parties concerned. The document may contain a categorical disagreement with the requirements or express a neutral opinion. Usually it contains information that the defendant is innocent of the dispute or has no relation to him.

Classification

Objections to the statement of claim may have:

1. The substantive nature. Such a document involves challenging the requirements presented to the defendant. Moreover, the author’s position is based on the material norms of the current legislation. Guided by them, the defendant may express doubt about the validity of the claims. At the same time, his own objections to the statement of claim should be supported by a sufficient amount of reliable information that will fully prove the absence of grounds for claims.
2. Procedural nature. This form of objection to the statement of claim does not imply evidence of the fallacy or illegality of the claims on the merits. She expresses the desire to convince the court of the unfounded procedural grounds for the proceedings. In this case, the defendant does not seek to refute the essence of the claims, however, he does not agree with the conduct of the process. An example of an objection to a statement of claim is a reference to a violation of the rules on jurisdiction and jurisdiction of a case. The defendant may also indicate that a decision has already been made on the dispute in question. The reviews of a procedural nature often indicate violations of the requirements on the legal capacity of the person filing a lawsuit, the end of the statute of limitations, the need to replace the defendant and so on.

Document outline

The objection to the plaintiff's statement includes 3 main elements:

1. The first part indicates the required details for such documents. These include:

• The name of the authority to which the review is addressed (the court in which the dispute is considered).
• Name, contacts of the person making up the document.
• Case number.
• Contacts and full name the plaintiff.

In your personal information, you can specify a phone number or email.

2. In the descriptive part indicate, first of all, the name of the document. In this case, it is the "Objection to the statement of claim." After that, disagreement with the requirements is stated. In this section, the defendant expresses his position, explains the circumstances of the case. It is advisable to state the events in the order in which they took place. The descriptive part should also include arguments, references to the norms of law that guide the defendant.

3. Conclusion.In this part, the reviewer summarizes everything he said above and expresses his request to the court. Here it should be pointed out that it is necessary to attach an objection to the materials of the case under consideration, suggesting the option of its resolution, which, in his opinion, will be the most legitimate.

In conclusion, a list of documents is attached to the recall. At the very end is the number of compilation and painting of the author.

The nuances of filing an objection to the statement of claim

The Code of Civil Procedure establishes the general requirements to which the reviews on the submitted requirements must comply. They are provided for in Art. 131 of the Code. In addition, the defendant should pay attention to a number of important points:

1. In your objection, you should record only those circumstances that directly relate to the essence of the dispute in question.
2. The request should be stated in a formal business style.
3. The recall may contain references to legislative acts and other documents that relate to the circumstances indicated in it. Along with this, the defendant may cite articles of law that were violated during the filing of claims.
4. The document may indicate additional information that may facilitate the consideration of the case file.

How can I submit a review?

The civil law does not contain any rules restricting the methods of handling an objection. Reviews are sent to the court in which claims are filed with which the defendant does not agree. Participants in the process can file an objection directly to the office of the authorized body or send it by registered mail. In order to prevent the process from being delayed, feedback should be given in advance. The court and all parties to the dispute may familiarize themselves with the contents of the document in advance.