Reply to the statement of claim Kyiv

Receiving a notice that you are a defendant in some case is not pleasant news. To defend your position in court, you will need to work hard. First, before the court hearing, you need to write a reply to the statement of claim.

Many mistakenly believe that they can ignore a summons to a court hearing and not appear at all. You must not behave that way, because if you miss the court a couple of times, the case will simply be considered without you. And believe me: such consideration is unlikely to end in your favor. Therefore, your task is to obligatorily prepare an objection to the received claim.

What is a reply (objection) to the statement of claim?

A reply to the statement of claim is a document that a person acting in the case as a defendant submits to the court, thereby either agreeing with the plaintiff’s claims or objecting to them. The position must be set out in the form prescribed by law. In this case, the content of the document does not imply any claims against the plaintiff, and therefore cannot on its basis initiate independent proceedings. Initially, the concept of a reply to a statement of claim related exclusively to commercial law. However, today in civil proceedings the defendant also has the right to express objections to the statement of claim in writing.

Such a document should contain the following information:

The law also requires you to indicate your contact details (phone, postal address, email). Requirements for the content of a reply to a statement of claim are contained in Art. 59 of the Commercial Procedural Code (for commercial disputes), as well as in Art. 28 of the Civil Procedure Code (for civil, land, family, housing, labor disputes).

The reply to the claim must be signed by the defendant or their representative. If a representative will participate in the court proceedings, you should also ensure that they have the document confirming their authority.

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Sample reply and objections to the statement of claim

The sample reply to the statement of claim should be drawn up in accordance with certain norms and contain specific information. Conditionally it can be divided into three main parts:

• Introductory, in which all details must be specified, as well as information about addressees to whom copies will be sent.
• Descriptive, where the defendant presents the facts of the case from their point of view. In cases where the defendant’s opinion does not contradict the plaintiff’s claims, it makes sense to briefly indicate agreement with the stated claim.
• Motivational, indicating the reasons why the defendant disagrees with the plaintiff’s arguments. It is advisable to refer to the relevant regulatory documents.

Based on the information set out in the statement concerning the claim, the defendant asks the court to make a particular decision in the case.

What is attached to the objection to the claim?

To the reply submitted to the judicial instance it is necessary to attach documents that in one way or another confirm the defendant’s arguments and objections regarding the claims. In addition, receipts or postal receipts with a description of postal items, issued at the post office when sending copies of the statement to other addressees, will be required.

What is a response to a reply to the statement of claim?

Within the period set by the court, the plaintiff has the right to submit an answer to the reply to the statement of claim, preparing certain counterarguments. The purpose of providing such arguments is to reject the reply. However, in practice courts often begin considering the case without waiting for the plaintiff’s response, thereby violating their legal rights. To avoid this, we recommend that our clients submit a petition together with the claim asking that no decision be made until a response to the reply has been filed.

Services and advantages of the company

For a competent drafting of a reply to the statement of claim, it makes sense to use the assistance of an experienced lawyer. Our company’s staff are ready to:

• pay special attention to the content of the document in accordance with the norms of the law;
• devise a strategy to increase your chances of a successful outcome;
• take care of the preparation of documents attached to the statement;
• represent your interests at all stages of the court proceedings.

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Sample statement of claim

When drafting a statement of claim it is also important to follow certain rules. In particular, it is necessary to refer to certain regulatory legal acts and articles of laws that regulate the specific area of legal relations. You can review a sample statement of claim, however, to avoid mistakes that would cause the court not to accept it for consideration, it makes sense to use professional legal assistance.

Download sample

Lawyer assistance in Kyiv

We have indicated only the most basic aspects of the procedure for filing an objection to a claim. In practice things are often much more complicated. The main thing is to pay special attention to the content of the reply. A legally correctly drafted reply increases your chances of success many times over. Our specialists are always ready to help their clients draft an objection to a statement of claim and provide other legal services you may need.