The court is not empty-handed

Thoughts inspired by the topic of Corbin, Fleas and non-terrifying service vessels all haunted me. Well, really, why not use your constitutional right (Article 46) to protect your legitimate interests (when the issue is not resolved on a voluntary basis)?

Intro

Consider such a moment that I do not call anyone and do not agitate to file a lawsuit faster against my neighbor or the same provider. (Maybe it’s worth all the same, huh.)
I don’t have a legal education, I just can read, and that’s why I won’t give up constructive criticism on the topic.
Thanks to s0me0ne for additions and edits.

Get to the point

If our right is infringed (for example, we paid for the Internet access service, but it is not available or the service is provided with inadequate quality), then we need to think and designate:
- the substantive requirement (for example, the return of unused money from the account);
- factual circumstances (for example, let it be a copy of a written statement to restore the access to work), in fact any evidence, it is better on paper with the dates, seals and names of responsible persons;
- appeal to the court (in fact, what kind of decision we ask the court, it is even possible to ask to make amends both materially and morally (in the form of material means) for the defendant’s guilt, do not forget to write off the legal costs;)).

As soon as the head clears up, we can think further.

What to write

There is a special procedure for drawing up a claim (Articles 131 and 132 of the Code of Civil Procedure). The main points are:
- to which court ( we need something like a court of general jurisdiction. We need a world court (are we talking about causing harm to a citizen?) If the amount of the claim is above 50 kilo rubles (as far as I remember), then it’s district. You can file at the location of the defendant and at the place of the harm);
- who files the claim (name, place of residence);
- to whom they file (name (name of organization), location);
- the nature of the violation or the threat;
- facts confirming the violation;
- the price of the claim, if money is involved , an order may be indicated if it is difficult to establish exactly. A judge without right price will leave the judge without any motion. Need the price of the claim and its calculation in the form of an application to the application;
- a list of documents attached to the claim.

The worse consequences for us (the wife couldn’t see Yandex. Weather, she came out undressed in the rain and now has pneumonia O_o), the greater the chance that the case will be put into circulation in a short time.

In general, when drawing up a claim, it is important to indicate as much useful information as possible: e-mail, telephones, faxes. Any information would only be relevant for the consideration of the case.

What's next

Now the claim must be signed. If there are many claimants (they also set up a neighbor for grandmothers), then each of the participants puts a signature.

The following must be attached to the statement of claim:
- a copy of the claim in accordance with the number of defendants;
- receipt of state duty (the amount is determined by the percentage of the price of the claim, but not less than 200 rubles, you can read in the tax code of the second part of chapter 25);
- documents with evidence of violations, with copies for the defendants. However, the Code of Civil Procedure gives us the right to present evidence during the proceedings, a sin not to use it. No need to dump everything in the case file, any dirty tricks must be reserved for presentation directly on the process;
- calculation of the amount claimed, plus a copy for the defendant;
- if we don’t go to court, then a power of attorney for the representative (I think this will not come in handy).

If desired, a list of documents can be done and more, the main thing is that they are on topic.

You can apply for an installment plan to pay a fee (if there was no money with you). Then the petition must be attached to the claim. If it doesn’t work, the amount will still be returned.

Done

The statement of claim must be filed with the court of residence (registration). There may be variations with jurisdiction. If the claim is filed exclusively within the framework of the Civil Code (compensation for harm, for example) - the jurisdiction is determined by the Civil Procedure Code unequivocally: either at the location of the defendant, or at the place of the damage.
But if a lawsuit is filed within the framework of the ZOZPP (for example, for the provision of services of inadequate quality, which applies to providers), it can be filed generally anywhere. Part 7 of Article 29 of the Civil Procedure Code speaks of “place of residence or place of stay”, and since a citizen is not obliged to register temporarily at the place of stay during the first 90 days of stay, the claim (theoretically) can be submitted to another court. At the place of the harm it is usually easier.

We look for our district judge (usually like that) and get to him at the reception hours. We give a stack of documents in hand. It is faster, but requires a fair amount of agility to stand in line. The second option is to send by registered mail , which is clearly longer, but excludes the possibility of getting to the wrong judge. Eliminates a large number of nerves. In order for the lawsuit not to fall into anybody’s name, it must be addressed to a specific judge (“the magistrate of precinct No. 123 Ivanova Vera Polikarpovna”, etc.) and sent by registered mail with a confirmation of delivery. The jurisdiction of cases in the polling stations and the names of judges can be easily found on the internet (for large cities, and in small polling stations there are three pieces and everyone knows everyone). The third option for extreme people is the expeditionary department of the court. They usually send a statement in the right direction, but more often the claim is rejected.

Within 5 (five) days, the judge raises the question of accepting the claim for production. And the gears spun.

If something is wrong

A statement of claim may be rejected if there are reasons for the following:
- this claim must be considered by another court (arbitration or arbitration). Sometimes in the contract between the quarreling parties such a line sounds;
- when contesting the rights of third parties (and we harness for them);
- the court has already made some decision on this case and within 10 days we did not make appeals;
- the plaintiff suddenly changed his mind about giving a lawsuit, then the case is peacefully closed;

The judge must reasonably present the reasons and within 5 days forward the claim back with all the documents. This means that again with this trash you are no longer waiting there. Full fiasco. However, within 10 days you can appeal against the refusal of the judge.

So there is the concept of return of the statement of claim. This occurs in case of insufficient evidence or incorrect drawing up of a claim. Then we finish as required and send back into circulation.

UPD: changes were made specifically for the harm caused to an individual from a certain company.