Appeal to the court. The civil process. Suit

Civil relations are relations about money, property, at least one side of which is a simple citizen (not having the status of an entrepreneur).
As a rule, these are disputes by category: citizen - citizen, citizen - company. < / p>

Consider this with an example. Your company has issued an interest-free loan to the employee. In essence, a loan agreement. Money borrowed, must return. But later he quit, and forgot to return the money. In a word, you fulfilled your obligations when he needed it badly, but he didn’t have his own. As the judges like to call such a phenomenon at the seminars: “I don’t want to pay.”

What to do? How to act in this situation? If you are not inclined to catch a former employee with torches in doorways, and you want to act by legal means and in the legal field - you are on the direct path to court.

Who has the right to go to court?
One whose rights have been violated, not recognized or disputed.

How to write a claim properly

Now we are together schematically in this deal. Conventionally, let's say in order to correctly draw up a claim, it must be divided into two parts: formal and semantic.

In the first part of the claim, you observe a number of formalities, without which the court will not consider it.

In the second part of the claim, you state the factual circumstances and the essence of the question: what rights have been violated, how is this confirmed and what do you want from the court.

Let's start with the formalities. The claim must specify:

the exact name of the court;

the full name of the company, its location, including the zip code, EDRPOU code, numbers of communications, official email and email addresses, if they exist;

the last name, first name and patronymic of the former employee, his place of residence or stay, the taxpayer registration card registration number (if available) or the passport number and series, known numbers of communications, e-mail.

The same is true of other participants in the process, if they exist (for example, a guarantee agreement was signed: if the guarantor is an individual - he is described as the debtor; if this is a legal entity - accordingly, like your company);

The price of the claim, if it is subject to a monetary assessment (in our case, this is the size of the money not returned). If, in addition to debt, you ask the court to impose sanctions for breach of contract - the price of the claim is the sum of all claims;

reasonable calculation of amounts that are recovered or disputed (meaning a more difficult situation when, for example, a loan was issued in parts on a schedule and was also repaid according to a separate schedule, due to which it is necessary to transfer all outgoing and all incoming payments, displaying amount of outstanding debt). If, in addition to the amount of the debt, you require to recover the amount of sanctions for breach of contract, the calculation of these sanctions must be attached to the claim;

information on the adoption of measures of pre-trial settlement of the dispute, if such parties were carried out, including if the pretrial complaint is required;

information about taking measures to secure evidence or a claim before filing a claim (if this was the case);

An approximate calculation of the amount of court costs that you have incurred and which are expected in connection with the consideration of the case;

the plaintiff’s confirmation that they did not file another lawsuit (s) against the same respondent (s) with the same subject and for the same reasons;

List of documents and other evidence attached to the application.

Among the applications to the claim must be:

The case of a copy of the statement of claim and the documents attached to it - in an amount equal to the number of participants in the case (this rule does not apply to claims arising from labor relations, as well as compensation for harm caused by a crime or injury, other damage to health or death individual, etc.);

evidence of payment of court fee in the prescribed manner and amount or documents confirming the grounds for exemption from the payment of this fee.

How to write a claim. Semantic part

Let us turn to the meaning of the claim. It can also be divided into two parts: the motivational and the resolutive. The reasoning outlines the rights that have been violated and how this is confirmed. The resolutive indicates what exactly you are asking for the court.

The statement of the motive part of the claim must begin with the legal basis of the claim, that is, with what rights are violated. In this case, the right to receive an interest-free loan was violated, as part of the agreement with the defendant.

Next, you need to state the circumstances by which the company justifies its requirements. Here you must indicate the fact of the conclusion of the contract, as well as the fact of its execution by your party. Next, you need to pay special attention to the description of the fact of violation of the contract by the defendant. You gave out money to your former employee, but you did not receive it back. It is important here that the time period for the refund and the starting date of this period begin to be clearly stated in the contract.

In practice, this condition is often stated as follows: “The employee undertakes to return the amount received no later than three calendar months from the date of its issuance.” In this case, you indicate in the lawsuit the date of signing (execution) of the cash receipt order (for the employee to receive money), emphasizing that the first calendar day of the fourth month after the date of its signing is the first day of the delay in returning the funds under the contract.

Often, such contracts prescribe a schedule for repayment of a loan (for example, 100 hryvnia before January 1: 100 hryvnia - before February 1, etc.).

There are more difficult cases where the contract term is not clearly spelled out, or is generally lost due to a technical error. In this case, it would be correct to pre-write the former employee a letter demanding payment of the debt within seven days. The possibility of such your actions will be based on the provisions of the law (if the term is not set or determined by the moment of demand). Accordingly, you will refer to the late payment from the eighth day, from the date the counterparty received your letter.

At the end of the motivation part, you need to list all the evidence supporting the circumstances indicated by you.

In the operative part of the claim, you set out the content of the claims, that is, the method of protection of rights or interests provided for by law. Or simply, what you are asking the court.

In our case, you need to ask the court to recover the debt on the provision of an interest-free loan from citizen Ivanov (a former employee).

Briefly and to the point, we’ve figured it all out together.

It remains to sign the claim and form a package of applications to it.

The claim is signed by the first person or representative. Be careful with the representatives of your company, because according to recent changes in legislation, a power of attorney cannot be issued to any person who will be considered by the court as a representative. Basically, the signatory of the claim is either the head or a member of the executive body of the company authorized to act on its behalf on the basis of the charter. Or it may be a lawyer.

Therefore, in order to submit a statement of claim to the court not to be signed by the first person, first carefully study the law.

It remains to file a lawsuit with all the evidence to which you refer.

Do not forget about the evidence of payment of the court fee and copies of the statement of claim and its annexes by the number of participants in the case.

In conclusion, it will be correct to touch upon two legislative innovations.

These are insignificant cases and simplified claim proceedings.

Simplified lawsuit proceedings are intended for consideration of just insignificant cases, cases arising from labor relations, cases of insignificant complexity, and other cases for which quick case resolution is a priority.

Minority matters are:

1) cases in which the cost of a claim does not exceed one hundred times the minimum subsistence level for able-bodied persons (set in Ukraine in the amount of UAH 1921 for 2018);

2) cases of minor complexity, recognized by the court as insignificant, except cases that are subject to consideration only by the rules of general action proceedings, and cases in which the cost of the claim exceeds five hundred times the subsistence minimum for able-bodied persons.

In fact, the main features of the simplified action proceedings are two.

This is a short and detailed period of consideration, as well as the possibility of consideration of the case without the parties.

If you do not know how to properly draw up and write a statement of claim to the court and it became necessary to go to court to collect debts. Feel insecure in your abilities? Come to the law firm ALIBI! We know how to make a claim correctly!

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