Statement of Claim in Kyiv

Assistance in drafting and filing a statement of claim in court

Drafting a claim is a very important part of legal proceedings. If the claim is written competently, you can consider that a favorable resolution of your problem is practically “in your pocket”.

If you entrust the drafting of a statement of claim to a lawyer, you need to fully brief them and provide all case materials, and the lawyer will decide which documents to attach to the application. The same lawyer can not only draft the application but also file the claim in court, which is also subject to certain rules of the current legislation in Ukraine.

Filing a statement of claim in court is accompanied by payment of a court fee, the amount of which is calculated based on pecuniary claims. For non-pecuniary disputes the amount of the court fee is set for each category of cases. There is also a category of disputes for which the plaintiff does not pay a court fee.

The content of the claim must strictly comply with the letter of the law. If it does not cover all the circumstances, take into account all the nuances of the case and include the necessary list of documents, there is a high probability that the claim will either be rejected or will require substantial revision.

Statement of Claim

A statement of claim is a document in which a person whose lawful interests have been violated (or may be violated) sets out their demands. The claim is drawn up in writing, signed by the author and submitted to the court that has the authority to consider it. This document must necessarily comply with the requirements of procedural legislation.

According to the law, a statement of claim filed in court must contain many necessary requisites:

• name of the court;
• information about the plaintiff and the defendant;
• claim amount;
• description of the circumstances of the case (with specific reference to the relevant regulatory legal acts);
• list of evidence indicating the defendant’s fault;
• signature of the applicant (authorized person).

In addition, each case is individual; you cannot take a ready-made template and quickly fill it in without regard to each specific situation. When filing a claim, it may sometimes be necessary to perform additional tasks. For example, calculate the amount of the claim, losses due to inflation, various penalties, request additional documents that are held by other persons, etc. Such actions can only be performed by top-class specialists.

To which court is the claim filed?

As a rule, jurisdiction is determined by the defendant’s place of residence, but in certain cases the following nuances are possible:

1. If there are several defendants, the plaintiff has the right to choose which defendant’s place of residence to rely on – usually in such a situation the plaintiff prefers the court that will be more convenient for them to reach.
2. In exceptional situations the plaintiff may file a claim in the court closest to their place of residence – this category includes claims for compensation for damage caused to health, alimony amounts.
3. If the subject of the proceedings is real estate, the claim is filed at the location of such real estate.

It is very important to determine which court the claim should be filed with, because if jurisdiction is chosen incorrectly, the application will not be accepted for proceedings.

Statement of claim for compensation of damages

If your property or you personally have been damaged and the person at fault does not want to compensate, then you must draft and file a statement of claim for compensation of damages. Do not make concessions even when the dispute is with an employer over the recovery of arrears. As practice shows, it is often dealings with unscrupulous employers who have no intention of paying wage arrears that we most frequently encounter.

Usually, if the court issues a decision in your favor and the party at fault does not appeal the decision within 10 days, you will receive the corresponding writ of execution. You have the right to present it at the bank where the debtor has a personal account or to the bailiff service in order to receive the recovered funds.

Our company can offer services for drafting the statement of claim and selecting evidence. In addition, our lawyers and attorneys can represent interests in court; sometimes your presence will not even be required. Therefore, if you need to file a claim, it is best to entrust this difficult action to true professionals. Our experienced legal experts will draft any types of claims based on the latest legislative changes, locate the necessary documents for the case, and perform any other actions that are crucial for a positive outcome of your case.

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Sample statement of claim

Often, when a person needs to prepare a claim, they use an appropriate sample form. Of course, you can find it on one of the specialized websites and enter all the necessary data. However, if you are not a legal specialist, there is a chance that important nuances will be missed when drafting the claim, which affect the final result of the case.

 

Download sample

That is why, if you need to file a statement of claim in court, a sample can be used as a basis, but no more than that. In each specific case it is necessary to set out the circumstances of the case, present evidence of your position, relying on the provisions of applicable law.

A ready-made sample of a statement of claim can be used as an example when drafting, but if you have questions while filling out the form, it is better to take them to a qualified lawyer’s office who will help with the drafting and the collection of the necessary documents required for acceptance of the claim.

The subject of the sample claim provided is the cancellation of an administrative offense decision. The defendants in the case are the road traffic inspection department and the road patrol inspector who recorded the traffic violation. To protect their interests, the person appeals to the city court with an application requesting cancellation of the administrative offense decision. Documents on which the plaintiff bases the claim must be attached to the claim, namely a copy of the decision and the protocol, as well as the driver’s license (which confirms the person’s right to operate a vehicle).

If you decide to file a claim in court on your own, use our step-by-step instructions, since every action in judicial proceedings is strictly regulated by legislation and must comply with it.

Company advantages

For the court to accept and consider the statement of claim, it must comply with the norms of the Civil (or Commercial) Procedural Code. If there are any deficiencies, the claim will be returned for correction.

To avoid wasting valuable time on correcting deficiencies and to get the case considered on the merits more quickly, you should seek help from legal professionals. Our company employs highly qualified lawyers who can not only quickly and correctly draft a statement of claim, but if necessary, will also represent your interests in court.

By contacting us for assistance, you can be confident that the case will be considered in your favor and your violated interests will be restored.

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Sample statement of claim for consumer rights protection

 

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A common reason to go to court is violation of consumer rights. A sample statement of claim for protection of violated interests should include all necessary requisites, namely:

• name of the court to which the interested person files the claim;
• plaintiff details – surname, first name, patronymic, date of birth, place of residence, contacts;
• information about the defendant – as a rule, this is the name, location and other data;
• indication of the claims – contained in the title of the claim;
• statement of the circumstances – when, how and under what conditions the consumer’s legal interests were violated;
• confirmation of the violation of consumer rights – here you provide evidence of your claim (these may be documents, expert opinions, photographs);
• references to legal provisions;
• list of attached documents.

These are mandatory points to consider when drafting a claim for protection of consumer rights. If any of the above is omitted, there is no guarantee that the case will be decided in favor of the plaintiff.

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Sample complaint to the Prosecutor’s Office

It should be taken into account that when their legal rights and interests are violated, individuals may also turn to the prosecutor’s office. An application to this law enforcement body is drawn up in an arbitrary form but should, in essence, contain the same components as a court claim. The only difference is that information about the plaintiff is not indicated (instead all applicant’s data are provided) and information about the defendant (the identification of the violator is often contained in the text of the application itself).

 

Download sample

However, the circumstances of the incident must be stated clearly and concisely (what the violation consists of), the grounds for your position must be provided (what confirms that the person’s interests were violated), references to applicable law must be indicated, and all necessary documentation must be attached.

INSTRUCTIONS on how to file a claim in court yourself:

1) In the sample claim above replace the existing data with your own, sign the application and put the filing date;

2) If you need to pay a court fee to file your claim, go to the website of the Judicial Authority of Ukraine, choose the necessary court and print the receipt. Attach the payment document to the application you will submit to the court.

3) Print the claim together with attachments (documents that confirm the information stated in the claim) in three copies:

• one – for the court;
• the second – intended for the defendant. If it is a civil process – this copy is also submitted together with the first to the court and the court will itself send it to the defendant. If it is a commercial (economic) process – you must send this copy of the claim to the defendant yourself by registered mail, attach a copy of the postal receipt to the claim for the court and only after that submit the claim to the court. If third parties are involved in the process in addition to the defendant, copies of all documents are also sent to them (similarly to the defendant), accordingly you will have more than three copies of the claim;
• the third – for you; have the court registry stamp it to confirm acceptance of the claim. The third copy is not mandatory, but if you want to have proof of filing, you should do this; attachments for the third copy do not need to be printed.

Also immediately find out the phone number of the registry; you may need it;

4) Take the claims to the court that has jurisdiction over your case. In each specific situation this is a different court; cases may be considered at the place of residence of the defendant, the plaintiff, the place of registration of the defendant legal entity, or the location of the property. This issue must be resolved in each specific case based on legal provisions;

5) Ask where the registry is and submit the claims there with attachments (do not forget to get a stamp on your copy confirming acceptance of the claim);

6) Wait for the court’s ruling setting the date of the hearing by mail (within 3 days after filing the claim); if you did not receive the ruling – call the court registry number;

7) Appear in court on the specified date (be sure to bring the original passport with you and make sure that passport photos are affixed where required by age).

This page provides a maximally detailed instruction of your actions, but it is unrealistic to account for and describe absolutely all nuances for every possible case and procedure. Therefore, if you feel that many questions remain unresolved while you were preparing the claim and the package of additional documents, seek qualified assistance from specialists. Since the court will consider the case based on the claim you file, later to change anything you will again need to collect a mass of “papers”, draft extensive written motions, pay the court fee, and spend nerves and time. That is why the initial high-quality drafting of the statement of claim plays such an important role.