How to write a lawsuit. How to write statement of claim to court?

A statement of claim is a procedural document

in which the consumer (plaintiff) describes his requirements to the second party (defendant), while indicating on what legal grounds he makes these demands.

Such statements always have their own form and are subject to clear requirements by procedural legislation.

If you don't follow them

the court will return the claim to you and will not consider it.

Articles 131 and 132

The Civil Procedure Code of the Russian Federation contains these requirements.

A statement of claim is a rather complicated procedural document and it would be more correct to contact a professional lawyer for its preparation.

At the same time, the lawyer

Must specialize specifically in consumer protection cases

If you want to save

on a lawyer, then you can not pay him for the conduct of the case in full.

If you decide

act independently, then this article will help you with this.

To submit or not to file a claim before filing a claim?

Before filing a claim

The question arises about the need to send a pre-trial claim.

Legally, this is not mandatory, with some exceptions.

That is, you can

Without sending a claim in advance to your counterparty, immediately prepare and file a lawsuit in court.

This will give the judge another reason to dismiss your claim.

No movement is

when the judge does not accept the claim for court proceedings, while indicating in the relevant ruling what needs to be corrected in it.

These instructions of the judge are not always legal, but it is not advisable to argue with this, since the procedure for appealing against the illegal decision of the judge will take 1.5-3 months.

Therefore, before filing a claim

prepare and submit a claim to the defendant

The claim must be made on the same legal grounds and contain the same requirements that you will indicate in the statement of claim.

If the claim is filed and rejected or ignored, then you can start preparing the claim.

A claim is suitable for the basis of the application, but in the claim all the details are described from a third party.

How to file a claim

Start writing a statement from the heading - indicate the judicial authority to which you are applying, indicate your last name, first name, patronymic, as well as the name of the defendant with addresses and, preferably, valid telephone numbers and (or) addresses Email.

The price of the claim is also indicated here, which we will discuss below.

In the descriptive

you state the actual circumstances of the case - on the conclusion of the contract, payment, fulfillment of obligations.

Then move on to the part where the obligations are not fulfilled or fulfilled improperly.

For example

You have been sold a defective product. Or they built a house, but did it in violation of the deadline for the transfer of the object. These are the circumstances you describe.

Lack of legal knowledge

you can write general formulations and norms - for example, refer to the consumer protection law. It is best if you indicate several suitable articles.

After the links, there is usually a calculation of the price of the claim, for example, a penalty if you ask the court to recover it.

The judge needs to understand

where exactly the amount that you declare comes from, whether it is calculated correctly.

You will save time both for yourself and other participants in the process if you describe in detail how you got exactly the amount that you indicate.

Moral injury

The next part is usually a list of moral (moral) suffering and their material expression in the form of a certain amount of compensation.

In consumer protection cases, non-pecuniary damage does not need to be specifically proven. The Supreme Court has clarified that if the court finds that your consumer rights have been violated, it automatically means that you have suffered non-pecuniary damage.

Pleading part of the claim

it is important to understand that this is the most important part in the claim.

Very great importance has how you formulate your requirements.

In our practice

there were cases when consumers themselves wrote claims and they were refused precisely because the pleading part of the claim was formulated incorrectly.

If the court satisfies your requirements from the pleading part of the claim, then they must meet the requirement of enforceability.

That is, if you demand to oblige the defendant to eliminate the shortcomings of a product or service (work), then it is necessary to specifically prescribe exactly which shortcomings and how they should be eliminated.

Otherwise, the bailiff

will not be able to control and ensure the execution of such a court decision.

The pleading part consists of several points - the first is the principal amount, then the penalty, your losses, then compensation for moral suffering and a fine. The judge must appoint a punishment for refusing to satisfy the claim, regardless of whether you indicate such a claim in your claim or not, however, current realities show that it is best to indicate this in a separate paragraph.

After the pleading part

you need to list attachments to the statement of claim. Applications must be collected both based on the text of your application, and guided by procedural legislation. For example, you should definitely attach a contract, proof of payment for a product or service, confirmation of compliance with the pre-trial order.

When you're done

with the pleading part, it will be necessary to calculate the price of the claim.

It consists of the sum of the main claim and the penalty. Everything else is not included in the price of the claim.

since the size of the state duty depends on the price of the claim, which we will discuss below.

Having prepared all of the above, it remains only to put your signature.

Sample statement of claim for consumer protection

✎ Download sample in .doc format

________________________________
(Insert the name of the court, for example,
Vyborgsky District Court of St. Petersburg
or Magistrate of the court district No. 1 of St. Petersburg)


Plaintiff: ___________________________
Address:___________________________
Address for court notices:_____
Tel: ____________________________

Respondent:_____________________
(Insert the name of the respondent, for example,
OOO "Prioritet" or IP Ivanov Alexander Sergeevich)
TIN:_____________________________
Address:___________________________

Price of the claim: ___________ rubles

Jurisdiction: district court (or magistrate) at the place of residence of the plaintiff (clause 7, article 29 of the Code of Civil Procedure of the Russian Federation, clause 2, article 17 of the Law of the Russian Federation "On Protection of Consumer Rights")

State duty: exemption from payment (333.36 of the Tax Code of the Russian Federation, clause 3 of article 17 of the Law of the Russian Federation "On Protection of Consumer Rights")

STATEMENT OF CLAIM

A contract of sale and purchase __________________________ (indicate the name of the goods) was concluded between me and LLC "______________________", worth _____ rubles.

In confirmation of receipt of payment for the goods from me, I was issued a sales receipt No. 623754 dated __. __.2016 for the specified amount.

After the goods were handed over to me, during the operation, I discovered a defect not specified by the seller, namely: ___________________________ (describe the defect found).

The presence of a defect in the goods in accordance with paragraph 1 of Article 18 of the Law of the Russian Federation "On the Protection of Consumer Rights" is the basis for the return of goods of inadequate quality to the seller with a requirement to return the amount paid for it.

Due to this __. __. In 2016, I handed over to the representative of the seller a claim demanding the return of the amount of money paid for the goods of inadequate quality. Simultaneously with the claim, the goods were handed over, which is confirmed by the corresponding entry of the seller's representative on the copy of the claim.

In accordance with Article 22 of the Law of the Russian Federation "On the Protection of Consumer Rights", the requirement for the return of the amount paid for the goods is subject to satisfaction by the seller within 10 days from the date of presentation of the relevant requirement.

Thus, presented by me in the claim __. __. 2016, the claim was subject to satisfaction no later than __. __. 2016, however, neither within the specified period, nor to date, this requirement has been satisfied by the defendant.

According to paragraph 1 of Article 17 of the Law of the Russian Federation "On Protection of Consumer Rights", consumer protection is carried out by the court.

Since, on a voluntary basis, my legal claim for the return of the claim paid for goods of inadequate quality was not satisfied, I am forced to apply for the protection of my violated right with this lawsuit to the court (to the justice of the peace).

According to paragraph 1 of Article 23 of the Law of the Russian Federation "On the Protection of Consumer Rights" for violation of the provisions of Art. 22 of this Law of the term for satisfying the consumer's demand for the return of money paid for goods of inadequate quality, the seller who committed such a violation shall pay the consumer for each day of delay a penalty (fine) in the amount of one percent of the price of the goods.

Thus, for violation of the deadline for satisfying my consumer claim from __. __. 2016, on the return of the amount of money paid for the goods, a penalty in the amount of ___________ rubles from the following calculation is subject to collection from the defendant.

PENALTY CALCULATION:

Product price / 100 (1% of the product price) = X rub. for each day of delay

For the period from __. __.2016 to __. __.2016 (date of filing the claim) Y days

X*Y=_________ rubles

According to paragraph 34 of the Resolution of the Plenum Supreme Court RF dated 28.06.2012 N 17 "On Consideration by Courts of Civil Cases on Disputes on Consumer Rights Protection" the application of Article 333 of the Civil Code of the Russian Federation on consumer protection cases is possible in exceptional cases and at the request of the defendant with the obligatory indication of the motives on which the court believes that a reduction in the amount of the penalty is acceptable.

According to Article 15 Civil Code RF, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount. Losses are understood to mean, among other things, expenses that a person whose right has been violated has made or will have to make to restore the violated right.

For the purpose of fulfilling the obligation established by 132 of the Civil Procedure Code of the Russian Federation to attach to the statement of claim documents confirming the circumstances on which the plaintiff bases his claims, I turned to the expert organization ________ LLC to draw up an act of inspection of the goods and fixing the presence of defects in it.

Based on the results of the inspection conducted by the expert, the Inspection Atk dated __ was drawn up. __. 2016, confirming the presence of defects in the product that I discovered.

Expenses for drawing up by the expert of the act of inspection of goods of inadequate quality amounted to ____ rubles, which is also confirmed by the concluded contract, the act of work performed and the cash receipt.

In addition, in order to restore my violated right, I incurred the costs of providing me with legal assistance in the current situation: an oral consultation with a lawyer and drawing up a statement of claim in the amount of ____ rubles.

Payment of the specified amount is confirmed by the concluded contract, act of work performed, receipt for payment for PKO.

Also, monetary compensation for non-pecuniary damage caused to me by a violation of my consumer rights is subject to recovery from the defendant.

According to Article 15 of the Law of the Russian Federation "On Protection of Consumer Rights", the moral damage caused to the consumer as a result of the seller's violation of the consumer's rights provided for by laws and legal acts Russian Federation, regulating relations in the field of consumer protection, is subject to compensation by the tortfeasor in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.

According to paragraph 45 of the Decree of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 N 17 "On the consideration by the courts of civil cases in disputes on the protection of consumer rights", when the court decides on compensation for non-pecuniary damage to the consumer, a sufficient condition for satisfying the claim is the established fact of violation of consumer rights. The amount of compensation for moral damage is determined by the court regardless of the amount of compensation for property damage, in connection with which the amount of monetary compensation exacted in compensation for moral damage cannot be made dependent on the value of the goods (work, service) or the amount of the penalty to be recovered. The amount of compensation for moral damage awarded to the consumer in each specific case must be determined by the court, taking into account the nature of the moral and physical suffering caused to the consumer, based on the principle of reasonableness and justice.

In this case, the moral harm caused consists in moral suffering, expressed in the test by me negative emotions: feelings of disappointment, resentment and humiliation, caused both by the inadequate quality of the goods, and by the seller’s dissatisfaction with my legal claim for a refund of money for it and the need to spend my time on repeated trips to lawyers for legal assistance, the need to go to court (to a justice of the peace ), constant worries from waiting whether my money will be returned to me or not, the need to be puzzled by the search for another similar product, and similar emotions.

I believe that, taking into account the circumstances of a particular case, reasonable compensation for the non-pecuniary damage caused to me will be a sum of money in the amount of 10,000 rubles.

According to paragraph 6 of Article 13 of the Law of the Russian Federation “On Protection of Consumer Rights”, when the court satisfies the consumer’s requirements established by law, the court collects from the seller for non-compliance with the consumer’s requirements on a voluntary basis a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

In this regard, if the justice of the peace of this claim is satisfied, the defendant is also subject to a fine for non-compliance with the voluntary satisfaction of the consumer's requirements in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

On the basis of the above,

ASK

Collect from the Company from limited liability"_________" in favor of __________________________________ (indicate the full name of the plaintiff) a sum of money in the amount of __________ rubles for goods of inadequate quality;

To recover from the Limited Liability Company "_________" in favor of __________________________________ (indicate the full name of the plaintiff) a penalty in the amount of ___________ rubles;

Collect from the Limited Liability Company "_________" in favor of __________________________________ (indicate the full name of the plaintiff) monetary compensation caused non-pecuniary damage in the amount of 15,000 rubles;

To collect from the Limited Liability Company "_________" in favor of __________________________________ (indicate the full name of the plaintiff) losses in the amount of ___________ rubles for payment of expert services;

To collect from the Limited Liability Company "_________" in favor of __________________________________ (indicate the full name of the plaintiff) losses in the amount of ___________ rubles for payment legal services;

Collect from the Limited Liability Company "_________" in favor of __________________________________ (indicate the full name of the plaintiff) a fine for non-compliance voluntary order satisfaction of the consumer's claim in the amount of 50% of the amount awarded by the justice of the peace in favor of the consumer.

CALCULATION OF THE CLAIM PRICE:

Rub. the price of the product

Rub. losses costs of expert assistance

Rub. damages legal aid costs

Rub. penalty for failure to meet a claim

Total: _____________ rubles

Application List:

A copy of the claimant's passport.;

Extract from the Unified State Register of Legal Entities in relation to the defendant;

Sales receipt No. 623754 dated __. __.2016;

Claim from __. __.2016;

The act of expert examination of the goods dated __. __.2016;

Contract for the provision of expert services __. __.2016;

Cash receipt No. __ dated __. __.2016;

A copy of the agreement on the provision of legal services No. __ dated __. __.2016;

A copy of the receipt for the PKO dated __. __.2016;

Certificate of completion __. __.2016;

A copy of the statement of claim with attachments that he does not have for the defendant.

Plaintiff's signature

Benefits provided to consumers when filing a claim

The current legislation establishes indulgences for relations between a citizen and an entrepreneur.

So, when applying to the court with claims of less than one million rubles, you will be exempted from paying the state fee. This provision allows ensuring access to justice for all categories of citizens.

If the value of the claim exceeds 1 million rubles, it is better to file a claim through a consumer protection society, which is completely exempt from incurring legal costs.

Then you don't have to pay anything.

Why then indicate the price of the claim, you ask.

We answer

The value of the claim determines the jurisdiction. So, cases up to fifty thousand rubles are considered by justices of the peace. Anything above is regional.

That is why

if you miscalculate, you can “miss” with the judicial authority and get your claim back.

In addition, including in the price of the claim, for example, the amount of compensation for non-pecuniary damage, which is always subjective and can amount to hundreds of thousands of rubles, a person can file a claim in violation of the rules of jurisdiction at the price of the claim.

Second benefit

This is an opportunity to apply to the court at the place of residence of the plaintiff.

This was also done to ensure the accessibility of justice for citizens - consumers.

Since the seller may also be located outside the subject where the person lives, it can be very expensive to travel to the other side of the country to participate in court hearings.

Having the opportunity to apply to the court at the place of residence of the consumer, the guarantee of judicial protection of the economically weaker party is realized.

Filing a claim in court

There is nothing difficult here and there are several options for how you can do this.

The main thing is to decide how it is more convenient for you to do this.

First option

the simplest - you print out a claim with all attachments in triplicate - one for the court, the second for the defendant, the third remains in your hands.

Come to court and submit a statement of claim with attachments to the court reception, where you are marked with acceptance and the documents are transferred to the court apparatus, after which a court session is scheduled and you are notified of the date and time of the session.

Please make sure you have a valid phone number on your application.

Second option

postage. With this filing, you need to print copies only for the court and the defendant, with all attachments, as well as in the first option.

Then go to the post office and send a letter to the court. It is advisable to send by registered mail so that you have the opportunity to track the receipt of the shipment to the court.

Third option

You can submit documents electronically using the GAS Justice portal. This site has all the federal courts (i.e. district, magistrates are not connected to this system).

This filing option is the most convenient, both in terms of not having to go and stand in line at the court or at the post office, and save on printing out a lot of documents.

Deadline for a claim

Usually, the claim is transferred to the judge no later than 5 working days from the date of its receipt by the court, but the appointment of the meeting is at the discretion of the judge - based on the schedule of already scheduled meetings.

Maximum 2 months

It is assigned by law for consideration of the case, during which the case must be considered by the court on the merits and a decision is made.

First, the judge will schedule a preliminary court hearing as part of the preparation of the case for trial, which is more of an organizational nature.

Trial

To be appointed by the judge after he considers the case sufficiently prepared for consideration on the merits.

3-6 sessions

On average, it takes the court to consider a consumer protection case.

Statement of claim

an important and rather complex procedural document, the compilation of which is best entrusted to a professional.

When consumer rights are violated, it is not always possible to reach an amicable agreement with the store or service provider. Then the question arises, where you can legally defend your rights. One option is to protect interests in the department of Rospotrebnadzor. But its functions are limited and cannot protect against all possible problems. Therefore, the last resort is often the court.

A consumer is a person who makes purchases, orders them or uses services, but does so solely for personal purposes, not related to commercial gain. The relationship between the consumer and the seller (service provider) is defined in civil law and the Law of the Russian Federation "On Protection of Consumer Rights".

The purpose of this article is to tell you which court to apply for consumer protection and what the procedure for filing a lawsuit consists of.

The first step is to file a claim

Before filing a lawsuit, it is desirable, although this is not mandatory legal requirement. An attempt to negotiate amicably can not only save you from litigation, but also provide additional evidence of the seller's guilt.

Especially when you have weak position(for example, they lost the contract for work, but in response to the claim, the company did not deny the fact of the contract).

The form of a claim to the court is not established by law, but it must contain a number of mandatory elements.

  • Name judicial authority to which the claim is directed.
  • Personal data, phone number, address of registration or temporary housing of the applicant. Provide as much contact information as possible to make it easier for court officials to find you.
  • The name of the organization you are complaining to and where it is located. If there is more than one respondent, please provide the details of each of them.
  • Detailed circumstances of the case and evidence (examination report, testimony of witnesses, etc.).
  • requirements for the defendant.
  • The price of the claim and a detailed calculation of the amount of the claim: this includes all costs that the consumer had to bear plus non-pecuniary damage.
  • Data on an attempt to pre-trial settlement of the situation (filing a claim and a response from the administration of the organization).
  • A complete list of attached documents that prove the legitimacy of the applicant's claims (checks, certificates, contracts).
For greater persuasiveness, make references in the claim to legislative norms that have been violated against you. Do not forget to sign the application and put the date of compilation.

In which court is it filed?

The rules for choosing a court where the consumer intends to defend his interests are spelled out in the Civil Procedure Code of the Russian Federation and in article 17 of the Law of the Russian Federation. Consumer claims are considered by courts of general jurisdiction.

The right to choose the location of the court belongs entirely to the consumer, that is, there is an alternative jurisdiction for such cases.

Which court hears a consumer protection claim?

  • Judicial authority at the place of permanent residence or temporary registration of the applicant;
  • Court at the place of purchase of goods or conclusion of services, at the place of fulfillment of the terms of the contract.
  • Judicial authority at the address of registration of the organization or at the place of residence of the individual entrepreneur.

If the respondent organization is large and the place of purchase of goods or provision of services is far from the legal address of the main office, it is allowed to file a claim at the location of its branch or representative office where the services were provided.

The norms of alternative jurisdiction try to get around many organizations with the help of simple tricks. To do this, in the contract concluded with the consumer, a specific judicial authority is prescribed, to which the buyer is obliged to apply in case of disagreement. However, such courts can be located very far from the place of residence of the consumer, which is why he decides not to apply for the protection of his rights, as this will entail a significant waste of time and money.

The clause of the contract about a specific judicial body in the contract is illegal. It is enough to write a claim in the place of your permanent residence and additionally include in it the question of contesting this provision, declaring it illegal.

Information

The judge does not have the right to return a claim in which the jurisdiction of the case is contested on a territorial basis. According to the law, only the buyer himself determines which court a consumer protection claim is filed with.

Determining the amount of the claim

In addition to the territorial location of the court, it is important to determine which judge will hear the claim. This may be a magistrate or a district judicial body - depends on the amount of the claim.

The price of the claim is determined by the total amount of money, which the consumer himself determines in the application, based on legal property claims. This amount is payable to the plaintiff if the court decides in his favor. The cost of the statement of claim includes penalties, attorney's fees, damages and personal injury. Moral damage is not included in the cost of a claim.

If the price of the claim is small, up to 50 thousand rubles, it is considered by the justice of the peace alone. If the value exceeds this amount, the claim goes to the district court. When there are several claims in the claim, some of which must be dealt with by a justice of the peace, and others by district courts, then the case is transferred to the jurisdiction of district courts.

When the amount of the claim and the course of its consideration have already changed during the trial, and it turned out that the justice of the peace cannot consider this case, he issues a ruling on transferring the case to the district court.

You should contact the district offices under the following conditions:

  • Claims are made for property, but to determine total amount a claim is not possible;
  • Claims of a non-property nature are put forward, in which it is not required to compensate for losses, but only to eliminate the shortcomings of the goods or the services (works) provided;
  • Only non-pecuniary damage is required.

What documents to submit to the court along with the claim?

In order for the claim to be accepted in court, the following documents are attached to it:

  • Copies of the claim in an amount equal to the number of participants in the litigation;
  • Receipt of the fact of payment of the state fee (it is paid only by those consumers whose claim amount exceeds 1 million rubles);
  • If the law obliges the consumer to attempt pre-trial settlement of the conflict, documentary evidence of this attempt shall be attached to the claim;
  • Detailed calculation of the amount of the lawsuit with the signature of the applicant and in the number of copies, equal number defendants in the case and third parties;
  • Documents that prove the circumstances of the appeal (checks, contracts, conclusions of the expert commission);
  • Power of attorney to speak in court on behalf of the plaintiff (if there is a proxy).

Attention

If the consumer wishes to demand from the seller only compensation for moral damage, without property claims, then an indispensable condition for this is documentary evidence of the violation of the rights of the buyer.

Does not depend on the total value of the claim and is determined by the court. For successful recovery of moral damage, it is desirable to attach medical or other certificates proving the fact of mental and moral disorder.

Filing a lawsuit is an extreme measure that a consumer is forced to take when his rights are violated. But how exactly should he act in this case?


First of all, you need to decide where exactly to apply - there are many courts in Russia. In this case, it is necessary to be guided by the rules based on the Code of Civil Procedure of the Russian Federation and No. 17 of 2012. They read as follows:

  1. Since the plaintiff is an ordinary citizen, and the purchased product or ordered service is not related to the implementation commercial activities(otherwise the Law of the Russian Federation "On the Protection of Consumer Rights" cannot be applied), then you should apply to a court of general jurisdiction.
  2. Geographically, you can apply as the place of residence of the plaintiff, and at the place where the counterparty was registered (firm or individual entrepreneur).
  3. The level of court depends on the amount of the claim.

The last one needs special attention. Jurisdiction depends on the amount of all amounts that the plaintiff wants to recover:

  • if less than 50 thousand rubles- you need to apply to the justice of the peace;
  • if more- to the district court.

Also, the district court must always be contacted, regardless of the amount, if the plaintiff claims the following:

  1. non-property nature. For example, if the plaintiff wants not only (or not how much) to receive money, but goods or to receive.
  2. property nature, but which cannot be accurately assessed.
  3. Reimbursement.

How to file a claim

The court of any level must comply with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. This article indicates that the statement of claim must be made only in writing, and it must contain the following information:

  1. Name of court or court district where the applicant is applying.
  2. Information about the claimant. For a citizen it will be full name, address of registration and actual residence. The latter is necessary so that the court can send subpoenas and other documents by mail. In addition, phone numbers, email addresses, and other contact information can be included in the claim.
  3. Data from the defendant. For individual entrepreneurs, this will be the name, for - the name and an indication of the legal form. The location of the store, workshop or other enterprise whose activities violated the rights of the consumer is also indicated.
  4. The nature of the violation. Here it is necessary to clearly describe what exactly the rights of the consumer consisted of: sold, service of inadequate quality, violation of the return deadlines, denied, etc.
  5. Circumstances supporting the plaintiff.
  6. Proof. If they are documents (contracts, etc.), a copy of them must be attached to the claim (the original is presented at the court session and remains in the hands of the plaintiff), if the testimony of witnesses is used, then their data (in this case The claim may contain a request to call witnesses to the court session).
  7. The price of claims. It is calculated by the plaintiff independently.
  8. Other claims submitted by the plaintiff(for example, about the elimination of goods or about the replacement of goods).

A sample claim can be viewed at. If any documents (written evidence, petitions, etc.) are attached to the application, a list of them must be given in the claim.

Definition of claims

The amount of the claim is determined by the plaintiff independently. It includes all the amounts that the plaintiff asks to recover from the defendant in his favor. In particular, these include:

  • cost of defective goods, which the seller must return upon termination of the contract of sale;
  • repair cost if the buyer, who is the plaintiff, repaired the goods at his own expense;
  • incurred by the plaintiff due to the fact that his consumer rights were violated.

The claims do not include:

  • compensation for moral damage, that is, physical or experienced by the plaintiff due to the fact that his rights as a consumer were violated. They are considered by the court, although within the framework of the same meeting, but separately from property claims;
  • reimbursement of lawyers' salaries who drew up the statement of claim and represented the interests of the plaintiff at the meeting. They belong to the category of court costs and are collected separately;
  • remuneration of translators, and other persons if these expenses are incurred in connection with the consideration of the case in court. These funds are also included in the legal costs.

Documents attached to the claim

In addition to the statement of claim itself, other documents may be sent to the court:

  1. Receipt of payment- in cases where it is paid.
  2. Case motions. For example, the plaintiff may ask the court to call witnesses to the hearing, to demand from the defendant or from third parties evidence that the plaintiff himself cannot obtain. However, petitions are not always drawn up in the form of separate documents: these requests can also be set out in the text of the statement of claim itself.
  3. Copies of written evidence. For example, a claim may be accompanied by a copy of the provision of services, checks, conclusions independent expert etc. The main thing at the same time is to comply with the requirements of the Code of Civil Procedure of the Russian Federation on relevance (evidence must confirm any relevant circumstances) and admissibility (evidence must not be obtained in violation of the law).

State duty

The current legislation provides for payment for applying to the court - a state fee. Its size is determined in accordance with the Tax Code of the Russian Federation. And here the following rules apply:

  1. According to paragraph 4 of part 2 of Art. 333.36 of the Tax Code of the Russian Federation, in cases relating to the protection of consumer rights, plaintiffs do not pay a fee regardless of the outcome of the case.
  2. But if the price of the claim is equal to or more than 1 million rubles, the fee is paid(part 3 of the same article). The amount of the fee is determined by general rules, but reduced by the amount of the fee corresponding to 1 million rubles. According to paragraph 1 of part 1 of Art. 333.19 of the Tax Code of the Russian Federation, this amount is 5,200 rubles plus 1% of the amount over 200 thousand rubles. Thus, when filing a claim for consumer protection in the amount of more than a million, the state duty will be reduced by 13,200 rubles.

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Cases on the protection of buyers who are faced with low-quality goods or non-provision of services every year in judicial practice is getting bigger. It will primarily depend on the decency of the seller whether such a dispute will end peacefully, or whether the issue will have to be resolved in court.

In any case, the buyer can and must protect his rights, but within the law. To do this, you need to know the rules of registration and the process of consumer protection.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Buyer rights to be protected

By purchasing a product or paying for a service, a citizen automatically becomes a buyer, whose rights in our country are defined at the legislative level:

  • the goods or services that the buyer pays for must be of adequate quality;
  • information about a product or service must be accurate and complete;
  • any product or service must comply with safety requirements.

In case of violation of at least one of the listed points, the buyer can exercise his legal right to file a lawsuit with the authorized judicial authorities against the seller, or resolve the issue without judicial intervention by drawing up an appropriate claim.

claim to the seller

When drawing up a claim against the seller of a product or service, the following information must be disclosed:

  • characteristics of the goods and a description of the identified defects, which indicates inadequate quality goods or services rendered;
  • documents regulating the relationship between the seller and the buyer;
  • claims against the seller (refund, replacement or repair of goods).

Important! The claim is made in 2 copies. One document remains with the buyer, and the second is transferred to the seller with a mandatory note on the date of receipt and the recipient's personal signature. If the seller refuses to accept the application, then on the second copy a note of refusal is also made, sealed with the signatures of witnesses.

For the execution of all points of the claim, the seller is legally given 10 days, after which the buyer can already go to court.

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How to draft and write a claim

Any statement of claim, including non-property claims, is made in writing in the following order:

  1. A cap:
    • the full name and postal address of the judicial authority where the claim will be considered;
    • contact details of the plaintiff (full name, address of residence);
    • respondent's contact details;
    • amount of monetary claims
  2. Main part (description):
    • characteristics of the purchased product or service, as well as its cost;
    • a brief description of the arguments by which it was determined that the product was of poor quality;
    • a description of the reasons and timing for identifying deficiencies in a product or service;
    • calculation of the cost of the penalty and the amount of non-pecuniary damage (if necessary)
    • normative-legal aspect of the legality of the claims put forward.
  3. Resolution:
    • final claims on the claim;
    • list of attached documents;
    • Applicant's signature and date.

In his requirements, the buyer must be guided by and. From them, the plaintiff may claim:

  • replacement of a defective product with a new one of the same brand and configuration;
  • replacement of low-quality goods with a new one from another manufacturer with cost adjustment;
  • reduction in the price of goods;
  • repair of low-quality goods or reimbursement of the cost of such a service;
  • return of goods with a full refund of its price;
  • gratuitous correction of a poorly rendered service;
  • reduction in the cost of the service;
  • return of goods after a poorly rendered service with its subsequent alteration;
  • reimbursement of expenses for correcting poor-quality work.

Examples and Samples 2020

To the justice of the peace of the court district __________
Claimant: (Full name, contact details) ___________
Respondent: (name of organization, contact details)

_________________________
: (sum of claims)____________

STATEMENT OF CLAIM
On consumer protection

On May 15, 2020, I purchased a winter coat with a brown natural fur collar, made in Russia, in the defendant's store. The cost of the coat was 15,000 (fifteen thousand) rubles.After 3 days, the seam on the sleeve parted on the coat, which indicates its inadequate quality. I wanted to return the money paid for the goods, but the Respondent refused, and the coat was sent for examination. After 2 months the situation has not changed and I have not received the money.

I made a written claim against the Respondent, in which I asked for the return cash in the amount of 15,000 (fifteen thousand) rubles or provide me with a written refusal. The claim was handed over to the director of the store Ivanov V.V. The response to the claim was not received within the specified period.

Due to the Respondent's inaction, I suffered moral damage due to the lack of a winter outerwear and the financial ability to buy a new one, which I estimate at 5,000 (five thousand) rubles.
Based on articles 131-132 of the Code of Civil Procedure of the Russian Federation and all of the above:

Ask:

Oblige the Respondent _______________ according to Art. 18 of the Law “On Protection of Consumer Rights” to terminate the contract previously concluded for the purchase of a coat and return to me the money paid for the goods purchased in his store in the amount of 15,000 (fifteen thousand) rubles;
To collect from the Respondent monetary compensation for moral damage in the amount of 5 (five thousand) rubles.

List of attached documents:

  1. A copy of the claim;
  2. A copy of the cashier's check;
  3. A copy of the claim dated and signed by the Respondent;
  4. A document confirming the sending of the goods for examination.

Date ______________________ Signature _____________________

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In which court to file a claim for consumer protection (cognizance)

A consumer protection claim may be filed with the courts at the following location:

  • at the defendant's place of residence;
  • at the plaintiff's address;
  • at the address where the transaction took place.

If the value of the claim does not exceed 50 thousand rubles, then the case will be considered in the magistrate's court, all claims over this amount - in the district courts.

In addition to the buyer himself, a lawsuit can be filed for him and Society for the Protection of Consumer Rights, which are also created to provide legal assistance to citizens in the framework of relationships with sellers of low-quality goods.

The price of the claim and the state duty

When calculating the total price of a claim in it the penalty indicated by the plaintiff and the amount because the court considers them separately.

Exempts applicants from paying court costs in claims related to the protection of consumer rights.

The court's decision

After studying all the evidence presented, the proceedings end with the issuance of a final decision, the execution of which must be carried out no later than 10 days.

The final document in the course of the judicial investigation is performance list, which is issued to all parties to the process. This document contains the following mandatory information:

  • the name of the judicial body that made the decision;
  • case number;
  • date of the court decision on the claim;
  • the amount of money to be collected;
  • date of issue of the writ of execution;
  • contact details of the plaintiff and defendant.

Further, the authority to recover the claims of the plaintiff is transferred to the disposal bailiff who proposes to fulfill the requirements of the court no later than 5 days, otherwise the bailiff receives the legal right:

  1. Send the defendant's property to auction in order to pay off the debt.
  2. Collect the amount of the debt from the bank accounts or other income of the defendant.
  3. Seize the defendant's property in favor of the plaintiff (if such measures are prescribed in the writ of execution).
  4. Other ways of compensation for the claims of the plaintiff, specified in the decision.

We are constantly making some purchases. Sometimes smaller and insignificant, and sometimes solid and expensive. In the latter case, I especially do not want to carry additional expenses related to the violation of the rights of the buyer. If the issue cannot be resolved peacefully, one of the options is to initiate legal proceedings. To this end, it is necessary to file a claim for consumer protection with the court. Let's take a closer look at what this document is and how to compose it.

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When to go to court

Before going to court, according to the law, you need to try to resolve the issue peacefully. To do this, the management of the store where the product was purchased must submit a written claim. It may include the following requirements:

  • about replacing the purchase with a similar one;
  • on the exchange of goods for an alternative;
  • about a commensurate price reduction;
  • on the return of the amount of money paid for the goods;
  • about troubleshooting and free repair of the product.

With such a paper, you can also go to Rospotrebnadzor, and if this does not give positive results, go to court.

Where to File a Consumer Protection Claim

You need to file a lawsuit in one of the following instances:

  • the world court, if the amount of the claim is less than 50 thousand rubles;
  • to the district court, if the requirements exceed 50 thousand rubles.

At the same time, if we talk about territorial jurisdiction, then for the plaintiff's appeal, the court is given the choice of:

  • at the address of the organization or individual entrepreneur;
  • at the place of residence of the plaintiff;
  • where the agreement was made.

Filing a claim: step by step instructions

If you have identified a clear intention to sue, read in detail the entire procedure that you will have to go through before the direct consideration of the case in the courtroom.

Service of claim

It was previously mentioned that if you received poor-quality services or the same product, you should not immediately run to court. To begin with, it is worth taking a written claim to the seller, in which you indicate what exactly the violation consists of and state your requirements. It must be drawn up in two copies, one of which should be kept for yourself, and the second handed over to the seller. In this case, on the first, it is desirable to receive a mark of receipt from the second side. Thus, it will be easy to prove that the implementer has read the document. If the party received a written refusal or his claim was ignored, it is time to involve third parties in solving the problem.

An attempt to resolve the conflict by pre-trial methods will benefit the plaintiff in the future, and the court will definitely ask if the parties tried to peacefully settle relations before going to court.

Sample Claim

See what an example of a completed claim looks like.


Drawing up a claim

There are no special rules on how to correctly draw up a statement of claim of this type, therefore, one should rely on the general procedural rules that regulate the content and design features of such a document. So, in an application for consumer protection to the court, you must specify:

  • the name of the court under consideration;
  • contact information of the parties;
  • features of the conclusion of the contract of sale or any other agreement, its date and number;
  • detected defects, their causes;
  • rights that have been violated with reference to legal acts;
  • their claims, indicating the price of the claim.

How to apply to the court

The statement of claim must be made in writing by hand or in printed form.

We must not forget that the number of copies is made based not only on the consideration that the document is needed by the court, but also taking into account the number of defendants. The latter must receive a copy.

It may also be necessary to apply for an appraisal examination in order to determine the value of a particular product, when the parties have any disagreements on this score. The person also has the right to claim compensation for non-pecuniary damage.

In accordance with Art. 17 LOZPP the plaintiff in this category of cases is exempted from paying court costs.

Attached documents

If we look at any sample application, we will see that at the end there will be a list of documentation that should be submitted along with the claim. It should be understood that in order for the judge to make a positive decision, you need to collect an undeniable evidence base. So, considering each individual example separately, there may be papers of their own. In general, the following documents are required:

  • identity of the plaintiff;
  • confirming the existence of a contractual relationship between the parties;
  • evidence of attempts to pre-trial settlement of the dispute;
  • indicating defects in the goods or work performed;
  • cheques, receipts.

Claim Form

A consumer protection claim, a sample of which can be easily found on the Internet, may be different in each case. It all depends on the circumstances of the case and what the requirements of the consumer are.

Check out one of these examples:


Arbitrage practice

The jurisprudence in such cases is quite extensive. In cases where a violation occurs and the plaintiff has enough evidence, a positive decision is practically guaranteed. Some questions may arise when recovering moral damages, since it also needs to be proven, and this is not so easy to do. In most cases, it is very undesirable for the defendant to drag out the case until judicial trial, since, in addition to the amount awarded by the court in favor of the consumer, he may still be required to pay a fine. Therefore, most sellers meet the needs of customers in resolving all conflict situations.

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