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Sample application to the magistrate about his representative. How to write a statement of claim to a justice of the peace: sample, list of required documents

The justice of the peace hears a very significant number of different cases, but you must know exactly what how to apply to magistrate and how to compose it correctly. An application to a justice of the peace can be submitted by the applicant personally, or you can send them through a representative and by mail. If you are sending an application by mail, then you must do it correctly. We draw up a notification document so that after receiving your letter, you receive certain guarantees that it has reached the addressee.

How to file an application to the magistrate?

So, let's start from the beginning, you can apply in the following ways:
  1. In electronic format through the system "my arbitrator";
  2. By regular mail;
  3. Through personal provision;
  4. By submitting an application through a representative.
The "my arbiter" system is universal. It allows you to send all kinds of procedural documents in electronic format. It has existed in our country since 2002.

We draw your attention to the need to pay the state fee. It is paid in case of filing a statement of claim, as well as an application for issuing a court order. A fee must be paid when filing an application for the reissuance of copies of court orders, sentences and decisions, as well as other documents issued by a judge. The application that you will submit to the justice of the peace must certainly be executed correctly. In this case, you need to rely on the Code of Civil Procedure - Article 131. The statement of claim is submitted in writing. It must contain the following information:

  1. The name of the court where the application is sent;
  2. Be sure to indicate all the data of the applicant and the defendant;
  3. The essence of the matter is indicated. Moreover, in this case it is very important that additional data be indicated in the form of regulatory legal acts that allow cases of such a plan to be considered by a justice of the peace;
  4. It is very important to correctly indicate all the features of the essence of the matter. Remember that if certain legal errors are made in this case, then the application may in principle not be considered by the judge.
A receipt confirming the payment of the state fee must be added to the application. You also need to collect a package of certificates and other documents that can act as certain evidence. All documents must be fresh, that is, if we are talking about certificates, they must be issued at least one month ago. Among other things, during the trial, you will need to provide the documents that the judge may need to study your case.

In principle, there is nothing difficult in filing a claim with a justice of the peace, moreover, samples of documents are published on the official websites of the court today, using which you can quickly draw up all the documents without outside help.


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The Magistrate's Court is one of the structural elements of the judicial system in the Russian Federation. The rules for considering cases by him are contained in civil procedural legislation. As a rule, these are insignificant disputes with the price of the claim not exceeding fifty thousand rubles.

What cases are considered

The cases heard by this court are listed in:

  • order cases;
  • if the amount of the dispute does not exceed fifty thousand rubles;
  • family disputes, including those relating to alimony.

This is not the whole list of possible cases. This list can be expanded by separate laws.

The price of the claim and the state duty

A counterclaim is a petition to the court to set off the claims against the defendant against the claims against the plaintiff. Such retaliatory measures may cover the claim in whole or in part.

You can submit a counterclaim only until the judge retires to the deliberation room. After that, the defendant loses his right to present counterclaims.

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The Magistrate's Court considers only the set of cases that fall within its jurisdiction of the Code of Civil Procedure of the Russian Federation. The procedure for considering and resolving cases by him completely coincides with the procedure provided for district or regional courts that are part of the judicial system of the Russian Federation.

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To resolve controversial issues, people almost always have to seek help from the courts. For example, if we are talking about a divorce where there are children, but the place of their residence has already been determined by the parents on their own, then the justice of the peace will deal with the dissolution of the marriage. The latter also considers cases on the recovery of alimony, the issuance of court orders, and also if the total amount of the claim is not more than 50 thousand rubles. Nevertheless, many citizens are most interested in the question of how to write an application to the world court. A sample of the required claim can be taken directly in the building of this authority. Read more about all this in this article.

What is important to know

Before submitting an application to a judicial authority, a person must decide where exactly he will take his application. In this case, it is necessary to seek the help of professional lawyers or the norms of the Code of Civil Procedure. After all, it considers only certain categories of civil cases. Below are the following ones:

  • cases for the issuance of court orders;
  • about divorce, if there is no dispute between husband and wife about children;
  • on the recovery of alimony;
  • on the division of property between spouses (the amount of the claim is not more than 50 thousand rubles);
  • on the procedure for determining the use of property.

All other disputes should be resolved only by the district court.

Where to find

So, many citizens of our country do not have certain knowledge in the field of jurisprudence, and therefore they are often interested in the question of where to get a sample application to the Magistrate's Court. After all, when applying for help to lawyers, you will need to pay a certain amount for the service, and not every person can afford it.

So, samples of writing applications can be taken right in the building of the Magistrate's Court. As a rule, they are located on the stand or in a special folder on the table at the entrance. True, in each world court it can be different. Therefore, if a person has encountered a specific problem for the first time and does not know how to properly draw up a document, then it would be best to come to this authority and ask the bailiff at the entrance where to find samples of applications to the magistrate's court.

Take on site

This will be done quite simply by those people who are good at computers and know how to use the Internet. After all, each judicial body has its own website. This means that sample applications, as well as other information that citizens need, are there.

Here you also need to know that justices of the peace are distributed over sections, which include the territory with the names of the streets of the settlement. Therefore, a person will be able to apply with a statement only to the authority that deals with the consideration of cases at these addresses. The exception here is filing a claim for alimony or divorce when the child lives with the plaintiff.

Therefore, the magistrate's court can be found on the website of this authority. As a rule, there are also phone numbers indicating the data of officials and other necessary information. At the bottom of the site there are all sample applications for applying to the Magistrates' Court.

Decor

The claim to the Magistrate's Court is drawn up taking into account the requirements of the Code of Civil Procedure. After all, a statement drawn up according to the rules will be considered the beginning of a civil process. Therefore, here you need to accurately indicate all the data of the parties, their addresses. A sample application to the world court for the dissolution of a marriage union between spouses where there are common children under 18 years old will look like this:

Justice of the Peace ______________ (it is better to indicate the data immediately)

judicial district _____________ (No. __)

Claimant __________ (all data in full, address and phone number for communication)

Respondent __________________ (surname and initials, place of residence)

Petition for divorce

______ (full date) I, __________________ (plaintiff's data) married a citizen (surname and initials of the defendant), with whom I lived together until _____ (date). From marriage, we have a child ___________ (data of the child, indicate gender), date of birth _____________. Daughter or son lives with __________ (write with mother or father). Funds for the provision of the child are paid _______________ (specify voluntarily or by decision of the justice authority).

In fact, family relations between us were terminated _____________ (number). There is no joint venture. Further cohabitation and the preservation of the family are impossible. We have no property dispute. An agreement on the upbringing and living of the child has been reached between us.

Based on the foregoing and taking into account the norms of articles 21, 22 of the Family Code, I ask:

To dissolve the marriage with the defendant, registered _____________ (date) in the registry office of the city _____________, act record _________.

Applications:

1. Document on registration of marriage.

2. Birth certificate of a joint child.

3. Check for payment of state duty.

4. A copy of the claim (for the defendant).

Signature ______________

The date____________________

General

It must be remembered that the term for permission by a justice of the peace is exactly one month. It is counted from the moment when the case was accepted for proceedings. Thus, if a parent filed a lawsuit with the Magistrate's Court to recover child support from the other parent, then this dispute must be resolved within a period not exceeding one month. Otherwise, you can write a complaint to a higher authority.

If there are no children

If one of the spouses does not give his consent to the divorce or deliberately delays this process, then the dissolution of the union is carried out in the magistrate's court. The sample statement of claim in this case will be slightly different from that used by people who have minor children. The document is formatted as follows:

Justice of the Peace ______________

court district No. ____ of the city of _____________

Claimant _____________ (data and address)

Respondent______________ (last name, initials and known place of residence)

Petition for dissolution of marriage

"___" _________ year, I married ______________ (indicate the respondent's details), with whom I lived together until ______ (such and such period). Since _________, our marriage relationship has actually been terminated. There is no joint household and further preservation of the family is impossible. We have no common children who are under the age of 18 from marriage.

After discussing the situation with the defendant, we came to the conclusion that we need to get a divorce. Nevertheless, so far we have not reached the registry office together. The defendant constantly finds some reason to evade the dissolution of the marriage.

On the grounds that my spouse does not object to the divorce, but also does not show up for the relevant registration in the registry office within two months, I consider it possible to terminate our union in court.

Guided by articles 21-23 of the Family Code, I ask:

To dissolve a marriage with a citizen ______________, registered in the registry office of the city of _____ (indicate the name of the settlement and the date of conclusion).

Applications:

1. A copy of the claim (for the second party - the defendant).

2. Receipt of payment of the state fee.

3. Certificate of marriage.

Plaintiff's signature _______________ (printed)

The date ____________

Here it is also necessary to indicate that you can take one in the magistrate's court right in the very building of justice. Currently, special terminals are installed there, through which you can pay the state fee.

To provide for children

Funds from irresponsible parents are collected in court. In the event that the father of the child is known, and he is also included in the birth certificate of the baby, then in order to recover alimony from the latter, you just need to apply to the magistrate of your area. This can be done by the person who is supporting the minor. As a rule, children almost always stay with their mothers.

The latter, in turn, are often interested in the question of how to correctly draw up an application to the Magistrate's Court for alimony? A sample of this document can be taken directly from the organ of justice. To do this, you just need to go to the world court.

As a rule, there is a simplified procedure for quickly resolving this contentious issue. To recover child support from an irresponsible parent, the mother of the baby (less often the father) can by filing an application for a court order. It takes less time than a civil case (when filing a claim).

The application is filled out as follows:

Justice of the Peace ______________

court district _____________

Creditor _________________

Debtor _______________________

Application for issuance of a court order on _______________ (write about what, for example: on the recovery of alimony for a child)

The recoverer and the debtor terminated the marriage union _________________________ (indicate the date and year). From marriage we have a minor child ______________ (date of birth, full name). We do not live together with the debtor, we do not run a joint household.

The former spouse (data of the debtor) does not pay money for the maintenance of a common child, does not take part in his upbringing and life.

The debtor has no other children. Deductions from his salary according to executive documents are not made.

Based on the foregoing and taking into account the norms of articles 80 and 81 of the Family Code, as well as the norms of articles 121-123 of the Code of Civil Procedure, I ask:

Issue a court order for the recovery of alimony from _________ (data of the debtor, place and date of his birth), in favor of ___________________ (indicate the name and initials of the claimant) for the maintenance of the child ____________________ in the amount of 1/4 of all income of the debtor until the moment of execution (son or daughter) 18 years.

Applications:

1. A copy of the document on the dissolution of the marriage union.

2. Birth certificate of a common child.

3. Certificate from the house management that the minor lives with the claimant (mother or father).

Signature ___________

Number__________________

Loan debt

In such cases, banks often turn to the courts for help. After all, it happens that in another way it is simply impossible to force a person to pay off a previously taken loan. Representatives of banks, most often, take a sample of filling out an application to the Magistrate's Court for the collection of accounts payable from this judicial authority or bring a ready-made document to the office.

Non-payment of earnings

In the modern world, many citizens who work in private organizations face such a problem. In the event that an employee has not received earnings for the second or even third month, then he needs to seek help from the judicial authorities. There is an order here. First you need to go and take a sample application in the magistrate's court. Cases relating to non-payment of wages to employees are resolved only in the order of writ proceedings. After that, the head of the organization is notified about the decision of the judicial body. As a rule, in such cases, the payment of wages is made immediately.

The form of the document "Statement of claim to the Magistrate's Court" refers to the heading "Statement of Claim". Save the link to the document on social networks or download it to your computer.

To court __________________________

Claimant: ____________________________
address: ____________________________

Respondents: 1) Office of the Department of Housing Policy
and housing stock of the city _______
in _______________ administrative district
address: _________________________________

2) Prefect __________________________
administrative district of the city of ________
address: ________________________________2

Third parties: 1) __________________________

2) ____________________________,
address: __________________________________

Statement of claim
recognition of the decision on deregistration as illegal and
on the restoration of housing registration

I, _______________, am the tenant of apartment No. __ in the house __ on the street. _________________ under a social contract of employment.
The apartment at the above address is separate, has three rooms, the total area of ​​the apartment is _____ sq. m.
The apartment is registered at the place of residence of 5 people.
In ________, together with my daughter - ______________________________, I was on the housing register for improving housing conditions from _____ on the basis of the decision of the Prefect of ______________ of the administrative district _________ No. ________ dated _____________, registration file No. _______.
For ___ years, I annually passed re-registration and re-confirmed the necessary information about family composition and living conditions.
By this period, my family consisted of 5 people, as family members in the indicated apartment, they are registered and live together with me:
___________________________, __________ year of birth,
___________________________, __________ year of birth,
___________________________, __________ year of birth
In __________, I was verbally informed that the family was deregistered, the reasons were not explained. No written decision to deregister was presented or sent to me. My requests to provide this solution for review were ignored.
According to part 2 of Art. 56 of the Housing Code of the Russian Federation, decisions on deregistration of citizens as those in need of residential premises must be taken by the body, on the basis of whose decisions such citizens were taken into this account, no later than within thirty working days from the date of discovery of the circumstances that are the basis for making such decisions . Decisions on deregistration of citizens as those in need of residential premises must contain the grounds for deregistration with a mandatory reference to the circumstances provided for by part 1 of this article. Decisions to deregister citizens as those in need of residential premises are issued or sent to citizens in respect of whom such decisions have been made no later than three working days from the date such decisions are made and can be appealed by these citizens in court.
As follows from part 2 of Art. 6 of the Federal Law of December 29, 2004 N 189-FZ (as amended on December 25, 2012) "On the Enactment of the Housing Code of the Russian Federation" citizens registered before March 1, 2005 for the purpose of subsequently providing them with residential premises under social tenancy agreements , retain the right to be on this account until they receive residential premises under social tenancy agreements.
To date, the obligation to provide housing under a social tenancy agreement has not been fulfilled. Thus, filming me as part of a family of five is illegal and violates my constitutional and civil rights, as well as the rights of my family members.
Based on the above, guided by art. 3, 131-132 Code of Civil Procedure of the Russian Federation

1. Recognize as illegal from the moment the decision of the Prefect of ___________________ of the administrative district of the city of _______ was taken to remove me from the housing register to improve my living conditions as part of a family of five: ______________, ______ year of birth, ______________, ______ year of birth, ______________, ______ born, ______________, ______ born, and cancel it.
2. Restore me on the housing register for the improvement of living conditions as part of a family of five: ______________, ______ year of birth, ______________, ______ year of birth, ______________, ______ year of birth, ______________, ______ year of birth,
from the moment of initial registration on the specified account.

Applications:
1. copy of the statement of claim;
2. receipt of payment of the state fee;
3. a notarized copy of the power of attorney;
4. lawyer's warrant;
5. copy of financial personal account;
6. extract from the house book;
7. copies of birth certificates of minors;

D. Signature ____________
Attorney-in-fact _________________



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The magistrate hears a very significant number of different cases that fall under general jurisdiction. This includes civil, criminal and administrative cases. If you want to sue, you need to file a lawsuit. It is necessary to file a lawsuit in court on the basis of the third article of the Federal Law of February 1, 1998 No. 188-FZ “On justices of the peace in the Russian Federation” (defines the competence of a justice of the peace). The legislator determines that the form and content of the statement of claim must be standardized. In accordance with Article 131 of the Code of Civil Procedure of the Russian Federation, it is necessary to provide a statement of claim in writing, as well as a package of documents that will allow you to properly study all aspects of the case

How to file a lawsuit with a justice of the peace?

  1. Claims may be submitted by mail. In this case, you need to get the legal address of the court, and send a letter with a notice. Remember that you need to send not only a statement of claim and a package of documents, but also copies of these documents, which will subsequently be transferred to the defendant and participants in the case;
  2. The application can be submitted directly to the court reception. In this case, you need to know the time of receipt of applications. Your documents will be immediately checked and a registration stamp will be put, after which the application will be checked by the judge and will be accepted for consideration (if it is drawn up correctly);
  3. The claim can be sent to the court using the electronic system "my arbitrator". First of all, you need to go through a simple registration process, after which you can send your application electronically, adding scans of all documents. Please note that all original documents submitted will need to be brought to the hearing.

Compiling a claim

The application must indicate the name of the court to which you are applying. Also, you need to indicate all your personal data - place of residence, location of the organization, passport data, contact information, etc. Further, all data on the defendant are determined. It is necessary to indicate his name, address of residence, and also, if any, contact information. After that, you need to specify the essence of the matter. Your description should be short enough, concise, but at the same time clear and detailed. Remember that everything must be determined by the circumstances on which your claim is based. That is, we need information about the evidence that confirms the violation of rights, freedoms or legislative norms. If we are talking about a material claim, then you will need to provide information on the price of the claim, as well as provide calculations for the amounts recovered or disputed. It is also necessary to provide a receipt for payment of the state fee and all information related to compliance with the pre-trial procedure for contacting a person (defendant) regarding the fulfillment of certain requirements.

Source: www.federal-group.ru


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