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Writing a statement of claim

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Publication date: 11.07.2024
Reading time: 1 minutes
Number of views: 239
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    Writing a statement of claim
    10 UAH 18,981.00

    Writing a statement of claim

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10 UAH 18,981.00

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Writing a statement of claim

When a legal dispute arises and a peaceful settlement does not yield results, a statement of claim becomes a key tool for protecting interests. This is not just an official document - it is the beginning of the process of asserting rights, which must adhere to clear legal requirements and logic. A correctly drawn up statement of claim is already half the success in court. That is why writing such a document should be entrusted to a professional lawyer who knows all the intricacies of the legislation and judicial practice.

 

Legal stages of writing a statement of claim

The process of preparing a statement of claim is not a template copying from the Internet, but a deep analytical work, the stages of which include:

  • Legal consultation and information gathering: It all starts with an analysis of the situation: the lawyer conducts a conversation with the client, finds out the details of the case, checks the documents, analyzes the positions of the parties. It is important to assess the prospects of going to court - whether there are grounds, whether the statute of limitations has expired, which jurisdiction is competent in a particular case.
  • Legal analysis and formulation of requirements: The specialist determines which legal norm has been violated, what damage or violation of rights the client has suffered, and formulates a legal position. Particular attention is paid to the formulation of the claims - they must be legally accurate, not excessive, logically justified and - importantly - such that the court is authorized to satisfy.
  • Preparation of the evidence base: All possible evidence must be attached to the claim: documents, correspondence, photo or video materials, certificates, financial statements, etc. The specialist checks their legal force, compliance with the form and content, and prepares accompanying explanations so that the court does not reject them due to formal errors.
  • Formation of the statement of claim in accordance with the procedural code: The statement of claim is drawn up in accordance with the clear requirements of the Civil, Commercial or Administrative Procedural Code. It must contain a full description of the circumstances, a clear formulation of the claims, legal justification, a list of evidence, information about the parties to the dispute, as well as the calculation of the court fee. If necessary, the lawyer includes additional motions (on securing the claim, requesting evidence, summoning witnesses, etc.).
  • Verification of the claim, its submission and informing the client: The finished statement of claim undergoes a final check. After that, the specialist submits it to the court (electronically through the “Electronic Court” system or physically), adding all the necessary annexes. The client receives a copy of the statement of claim, a check for payment of the court fee, and instructions on further actions.

Writing a statement of claim is a process in which not only legal literacy is important, but also strategic thinking. The lawyer creates not just a text, but a tool for protecting the client’s interests in court.

 

Conditions for providing legal services for writing a claim

In order for the process of preparing a statement of claim to be as effective as possible, it is important to adhere to organized interaction between the client and the lawyer, which includes the following conditions:

  1. Providing the client with complete information: The client must provide all documents related to the case: contracts, acts, correspondence, bank receipts, third-party decisions, etc. All details matter - even a minor circumstance can affect the legal structure of the claim.
  2. Promptness of providing materials and feedback: If the claim is prepared in a short time, the client must be in touch, provide the necessary clarifications or documents without delay. This allows you to adhere to the established deadlines and avoid missing the statute of limitations.
  3. Approval of the draft claim and legal wording: The lawyer agrees with the client the main positions: the content of the claims, the calculation of damages (if any), the list of evidence. After approval of the final version, the document is submitted to the court.
  4. Execution of a contract for legal services and prepayment (if necessary): All services are provided exclusively on a contractual basis. This guarantees the client transparency, legal protection and the possibility of official payment. In some cases, the specialist may offer installment or hourly payment options depending on the complexity of the case.

Clearly defined terms of cooperation avoid misunderstandings and ensure a high-quality result in the shortest possible time.

 

Advantages of contacting a lawyer when writing a claim

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Compliance with all legal requirements: The claim will be drawn up in accordance with the norms of procedural legislation, which eliminates the risk of return or refusal to open proceedings.

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Clear and reasoned legal position: The lawyer formulates the requirements not based on emotions, but in accordance with legal norms, case law and logic.

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Saving time and nerves: The client does not waste time studying legal nuances and does not risk making a mistake that can cost the entire process.

 

Frequently asked questions about claims

Question

Who draws up the claim?

Answer

Тhe claim can be drawn up by both the plaintiff himself and his representative - most often this is a professional lawyer or attorney. Formally, the law does not prohibit a citizen from preparing a claim on his own, but in reality drawing up such a claim requires

Question

Can I file a claim with the court without a legal specialist?

Answer

Yes, you can file a lawsuit yourself, without the involvement of a legal specialist. However, a lawyer helps you avoid mistakes, properly prepare documents, and increases your chances of success.

Question

How is a lawsuit drawn up?

Answer

A lawsuit is drawn up in writing and must include: the name of the court, the parties' details, the content of the claims, justification (facts and evidence), the cost of the lawsuit (if necessary), a list of attachments, and a signature. A lawyer will help you formulate the claims correctly and prepare the claim in accordance with procedural rules.

 

What does the cost of legal assistance in writing a lawsuit depend on?

The price of this service is formed depending on several factors. Among them: the complexity of the case, the number of parties, the need to analyze a large volume of documents, the type of jurisdiction (civil, commercial, administrative), the urgency of execution, the need to include additional motions, calculations, or translations. It also matters whether writing a lawsuit is part of comprehensive legal support or a separate service. The cost is always discussed with the client in advance, and can be fixed or hourly.

 

Conclusion

A statement of claim is more than a document. It is the starting point of the path to justice. The entire subsequent legal strategy depends on its quality, structure, evidence and justification. Mistakes at this stage can cost time, money and the result. That is why it is worth entrusting this responsible matter to a lawyer who will not only draw up the claim correctly, but also make sure that the statement works for you in court. Your confidence in a fair resolution of the dispute begins with a professionally drawn up claim.

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