Writing a statement of claim

Writing a statement of claim 

The statement of claim is the main legal document that initiates the court proceedings and defines the position of the applicant. It must comply with the legal requirements, as even minor mistakes can lead to its return or refusal to initiate proceedings. 

This is especially true in complex disputes where every detail matters. Therefore, drafting a statement of claim requires a careful approach, knowledge of procedural law and a thorough understanding of the circumstances of the case. 

Under what conditions can the service of writing a statement of claim be provided?

In order for the service to be provided effectively and to comply with the requirements of the law, several conditions must be met:

• Providing complete information about the essence of the dispute and the circumstances that led to the need to file a claim.
• Availability of documents confirming the facts set forth in the statement of claim (contracts, receipts, acts, etc.).
• Cooperation during the preparation and filing of the claim, as well as the ability to adjust the statement if necessary.

Fulfilling the above conditions allows you to ensure the preparation of a claim that will meet all the requirements of the court and the law, and will also increase the chances of a successful outcome in the case.

In what cases may such a statement be needed?

The most common situations when this document may be required are as follows:

• Resolving property disputes (division of inheritance, debt recovery, protection of property rights).
• Settlement of family issues (divorce, alimony, child custody). 
• Labour conflicts (non-payment of wages, unlawful dismissal, compensation for damages). 
• Consumer protection (improper quality of goods or services, refunds).
• Administrative disputes (appealing against actions or omissions of public authorities). 

In each of these cases, it is necessary to have a properly drafted statement of claim to ensure a successful outcome of the case. 

Stages of preparing and filing a statement of claim 

The action plan may depend on specific circumstances, but the general steps are as follows: 

1. Determining the nature of the dispute and gathering evidence. The first stage involves analysing the situation, determining the grounds for filing a claim and preparing an evidence base. This may include documents, testimonies or other evidence that supports your position. 
2. Drafting the statement of claim. The statement of claim must strictly comply with the requirements of the law, including the correct structure: a description of the parties, the essence of the dispute, the grounds for the claim, and a list of attached documents. 
3. Payment of the court fee. Before filing a lawsuit, you must pay a court fee. Its amount depends on the category of the case and is determined by law. 
4. Filing an application with the court. The statement of claim is filed with the appropriate court depending on the jurisdiction of the case. This can be done in person, through a representative or by mail. 
5. Receiving a notice of the opening of proceedings. After filing the application, the court opens the proceedings and sets a date for the hearing. 

The process seems quite easy, but without the help of a legal specialist, it is difficult to understand the specifics of the required statement of claim. Therefore, it is recommended to seek assistance during the procedure. 

Advantages of contacting a lawyer 

Guarantee of the correctness of the document. Ensuring that the application meets all legal requirements, which reduces the risk of returning documents due to errors. 

Effectiveness of the strategy. Determination of the optimal legal position and selection of evidence that increases the chances of a successful outcome. 

Saving time and nerves. A professional will take care of all the hassle of preparing, filing and supporting the application, allowing you to focus on other issues.

Frequently asked questions about drafting a statement of claim