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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: 228
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    Writing a statement of claim
    9 UAH 34,473.60

    Writing a statement of claim

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9 UAH 34,473.60

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Preparing a claim

When a peaceful settlement of a dispute becomes impossible, the only legal way to restore justice remains to go to court. But the success of the legal process largely depends on the first stage - the correct, balanced and legally justified preparation of the claim. Even the most promising case can be devalued due to an incorrectly formulated claim or violation of procedural norms.
Preparing a claim is not just filling out a form. It is complex legal work that includes analyzing the legal situation, collecting evidence, formulating a legal position and following court procedures. That is why the help of a lawyer at this stage is a necessity.

 

Legal stages of preparing a claim

An experienced lawyer does not just write the text of the application - he builds a strategy that includes the following stages:

  • Іnitial consultation and study of the situation: At this stage, the lawyer collects information about the circumstances of the case, analyzes documents, the client's position and available evidence. It is determined whether there are grounds for a lawsuit, and the feasibility of filing a lawsuit is assessed in terms of costs, prospects and risks.
  • Legal analysis and determination of legal qualification: The specialist establishes which legal norms have been violated, who is the proper party to the defendant, in which court the case should be considered (jurisdiction), and which category of the case will be applied (civil, commercial, administrative, etc.). The content of the claims and the nature of the claim are determined (obligatory, property, non-property, etc.).
  • Collection and analysis of the evidence base: It is determined what evidence needs to be provided to the court: contracts, acts, correspondence, bank documents, witness statements, audio/video files, etc. If necessary, the specialist helps with the preparation of evidence in accordance with the requirements of procedural legislation so that the court can accept and take them into account.
  • Preparation of the statement of claim: The statement of claim is drawn up in accordance with the clear requirements of the procedural code. It formulates the legal position, substantiates the essence of the claims, provides a list of evidence and, if necessary, calculates the amount of the claim. Motions are also attached, for example, to secure the claim or to request evidence.
  • Additional verification and filing of the claim with the court: Before filing the claim, the lawyer once again checks all formalities: the correctness of the court address, details of the parties, proper execution of the annexes, payment of the court fee. After that, the claim is filed with the court - both in paper and electronic form through the "Electronic Court" system.
  • Informing the client and preparing for the trial: The client receives a copy of the filed claim, information about the case number, judge and forecast of further actions. If necessary, the specialist prepares explanations, answers to possible objections of the defendant or accompanies the client at court hearings.

Thus, a professionally prepared claim is not just a legal document, but a strategic tool for achieving a fair result in a legal dispute.

 

Terms of providing legal services for filing a claim

Providing services for preparing a claim involves a clear organization of the process and effective interaction between the lawyer and the client, which includes the following conditions:

  1. Providing complete information about the situation: The client must provide all available documents, facts, correspondence and a detailed description of the circumstances of the case. The more information the lawyer receives at the start, the better and more convincing the claim will be.
  2. Prompt approval of the legal position: The specialist prepares a draft claim and agrees it with the client. If clarifications or amendments are necessary, they are made to the final version. It is important that the client does not delay approval, especially if the statute of limitations is limited.
  3. Payment of court fee (if provided for by law): Before filing a claim, the client must pay a court fee, the amount of which depends on the nature of the case (property or non-property claim, individual or legal entity). The specialist provides details and instructions.
  4. Conclusion of a contract for legal services: For official work, a contract is concluded with a lawyer. It fixes the scope of the service, terms of preparation, cost and payment procedure. This guarantees the client transparency of cooperation and protection of his rights.

Thanks to the established terms of cooperation, the client receives not only a high-quality document, but also an effective start to a successful resolution of the case.

 

Advantages of contacting a lawyer when filing a claim

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Legal accuracy and compliance with procedural requirements: The specialist adheres to all formal requirements for the statement of claim, which reduces the risk of refusal to open proceedings.

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Argued legal position: Instead of emotions or general phrases, the client receives a substantiated claim with reference to laws and judicial practice.

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Prevention of errors that can cost the result: Incorrect formulation of claims or insufficient evidence base can nullify the entire process - a specialist will not allow this.

 

Common questions about lawsuits in court

Question

When is securing a claim allowed?

Answer

Securing a claim is allowed if without it the execution of the court decision will become impossible or complicated, or to prevent harm to the plaintiff. The court assesses the validity and urgency of such measures.

Question

Who has the right to file a claim?

Answer

The right to file a claim is possessed by a person who believes that his rights, freedoms or interests have been violated, unrecognized or contested. It may also be a representative or body authorized by law to protect the interests of other persons.

Question

What can be the basis for securing a claim?

Answer

The basis for securing a claim is reasonable suspicion that the execution of the court decision may become impossible or significantly complicated without taking appropriate measures. These may be, for example, the risk of alienation of property, evasion of the defendant or destruction of evidence.

 

What does the cost of legal assistance in preparing a claim depend on?

The price of a claim preparation service depends on a number of factors: the complexity of the case, the amount of information analyzed, the number of parties, the type of jurisdiction (economic, administrative, civil), the need for additional documents, the urgency of execution. If the claim is part of the full legal support of the case in court, the total cost is negotiated separately based on the agreed scope of work.

 

Conclusion

Preparing a quality claim is the basis for successfully defending your rights in court. Legal literacy, clear argumentation, correct construction of claims and compliance with formal rules can significantly influence the court's decision. And the best way to get an effective result is to entrust the case to a professional lawyer. If you value your time, money and nerves - do not risk it, contact a specialist.

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