Objection to the claim. What it is?
Any legal proceeding is based on the principle of equality, that is, both the plaintiff and the defendant have the same rights. Each party must correctly justify its position in the proceedings. The judge takes the side of the participant who collects as much evidence as possible that he is right. The judicial body is not authorized to collect evidence.
If you receive a statement of claim with which the citizen does not agree, it makes sense to write a statement of objection. Such a document can be filed by both the defendant and third parties. It is drawn up in written form, for each position you must present your arguments expressing disagreement.
Response to the defendant’s objection and all the features of the challenge procedure
The plaintiff’s response to the defendant’s objection may be submitted in order to refute the information presented or clarify their position. A response to the defendant's objection drawn up in some form can be used by the court as clarification of the claim (with the permission of the plaintiff), but this paper is not mandatory for filing.
When filing this type of petition, it is necessary to use the main provisions of Article 149 of the code, which fully considers the actions of each party in the process of preparing the case for trial. In accordance with it, parties to legal proceedings can:
General provisions
The submission of an objection is regulated by article number 149 of the Civil Procedure Code of the Russian Federation. The defendant is obliged to consider the demands in the claim; if he disagrees with them, he must draw up a petition with an objection. It is important to express your disagreement, arguing your position.
You may partially disagree with the claim. For example, there is a case regarding debts for a loan taken out. The defendant may admit that there really is a debt, but the penalty in the claims is greatly exaggerated. Then the defense authorities may give a period for concluding a settlement agreement and completing the paperwork.
In addition, it is important to attach all the evidence to the objection, because the plaintiff must familiarize himself with it for further litigation.
The sooner the response to the statement of claim is received, the more thoroughly the judge will be able to prepare for the upcoming hearing. It may be clear at the first hearing when the main stage of the process will begin.
Objection to the claim and its classifications
There are several classifications of the defendant's objections:
- by subject;
- by expression of will.
The subject of the objection may be:
1. Objections regarding substantive law – objections to the content of the statement of claim. This may be a disagreement with the position of the plaintiff and an indication of the unreliability of the information provided by the plaintiff to the court. Such objections may result in the claim being denied.
2. Objections regarding procedural law – objections regarding the occurrence and continuation of the process. For example, the representative of the defendant sets out in the petition the grounds for recognizing him as an improper defendant in the dispute or the grounds that such a dispute has already been the subject of consideration by the court. Such objections may result in the termination of legal proceedings.
By expression of will, objections take the following form:
1. Denials of facts - the defendant in court declares that he does not agree with the plaintiff. This is convenient in cases where the plaintiff does not provide evidence of his judgments to the court. There is no evidence, the defendant does not agree and, therefore, the defendant is right, since the party to the process must prove the facts stated in their statements.
2. Explanations of the defendant (objections in the proper sense) - the defendant does not simply deny the plaintiff’s words, but gives the court an explanation on the merits of the case. Such explanations must be based on legal facts, so the court will require the defendant to present evidence of his words.
Counterclaim
You can also separately distinguish this type of objection as a counterclaim.
A counterclaim is a claim of the defendant expressed in the form of a statement, stated in the initiated process for parallel consideration with the original claim.
It is possible to present a counterclaim before a decision is made in the court of first instance, that is, both during the preparatory stage of the trial and in any part of the consideration of the case in the first instance.
Such statements are subject to all the rules for drawing up ordinary claims provided for in the articles of the civil procedural code (payment of fees, requirements for form and content).
There are also special requirements when filing counterclaims in court. A judge can accept a counterclaim only if it satisfies one of the following requirements:
the demand is sent for the purpose of offsetting the original claim (the bank files a claim for collection of debt under a short-term loan agreement, and the defendant to the bank’s claim on the loan simultaneously files a claim for recovery of unjust enrichment from the bank);
if the defendant's claim is satisfied, the possibility of satisfying the plaintiff's claim will be eliminated (the plaintiff files a claim for divorce and division of jointly acquired property, and the defendant simultaneously files a claim for the invalidation of the marriage);
there is such a close connection between the counterclaim and the original that the court considers it necessary to consider them simultaneously to speed up the process (acceptance of a “closely related” counterclaim remains at the discretion of the court).
When should you file an objection?
Any citizen, after receiving a statement of claim, has the authority to immediately draw up a response letter objecting to the requirements specified in it. This right is prescribed at the legislative level, anyone can use it.
Expert opinion
Makarov Evgeniy Sergeevich
Arbitration manager with more than 10 years of experience
It is worth noting that the court can accept arguments and objections without providing a documented letter.
Why are objections to objections filed?
As mentioned above, endless objections are an analogue of an ordinary squabble. It seems that the practice of objecting to objections was initially started by lawyers who realized that this inherently unnecessary statement could bring additional fees. But the idea has caught on, and objections to objections are written everywhere, despite their zero procedural value.
There is an opinion that objections to objections can serve as an analogue of clarification of claims. There is no basis for such a statement.
To clarify the claims or change them, there is a separate procedural document, which is exactly what is called “Application to amend (clarify) the claims.” Moreover, requirements can be changed and clarified orally during the consideration of the case.
Grounds for filing an objection
The reasons for drawing up such a document here can be completely different:
- Complete disagreement with the applicant's claims. In this case, the defendant can prove his case in any way possible: order an examination, attract specialists and witnesses, etc.
- Partial disagreement with the stated requirements. This happens when the defendant agrees with the charges, but cannot admit the amount due. In this situation, he can make his own calculation and attach it to the completed application with an objection.
- Indication of procedural violations. The question of the possible guilt of the defendant is not discussed here, but only emphasis is placed on some provisions of the Civil Procedure Code of the Russian Federation, which serve as a reason for suspending the proceedings. For example, the state duty was not paid in full, the statute of limitations has expired, etc.
Objections to the response of the Defendant in the claim to invalidate the terms of the loan agreement
The plaintiff considers these arguments and references to the above instructions of the Bank of Russia in this dispute to be untenable and unfounded, since the specified regulatory legal act only regulates the procedure for calculating and communicating to the individual borrower the full cost of the loan by the credit organization.
Along with this, the failure to forward claims to the Bank does not indicate the illegality of the claims made by the Plaintiff, since not a single regulatory document states that the Bank’s requirement for the mandatory purchase of insurance company services is legal if the Borrower did not make any claims at the conclusion of the contract. loan agreement and after for a long period of time due to disagreement with any clauses of such a loan agreement.
What must be included in the application?
In the document, it is important to clearly and to the point argue your position. No need to write in complex sentences. Each sentence must be clear. The judge must immediately grasp the meaning of the position that the defendant is trying to convey to him. Follow the structure of the text and paragraphs. Let's look at what the objection should be.
The document must contain the following parts:
- Introductory. It is important to write the name of the court and its address. Personal data of all participants in the trial, information about the applicant, case number, data of the judge.
- Descriptive. Here the defendant must state his point of view regarding the statement of claim. Everything is done briefly, according to the points that are reflected in the claim.
- Motivational. Here, as a rule, references are provided to regulations or to cases that were of a similar nature. This is necessary to confirm your position.
- Resolute. In this part, the defendant must indicate his demands to the court. For example, cancel the claim completely. It is also important to list the list of applications, sign and date it.
Submission deadlines
The document can be filed before the court makes a decision on the case. There are no time limits established at the legislative level. It should be taken into account that the document must be provided taking into account the time that will be necessary for other parties and the court to familiarize themselves so that they can express their position on the case.
If the document is provided on the day of the decision, when all the main circumstances of the case were known, the court may refuse to accept it, citing abuse of law, then the decision will be made based on the evidence available in the case.
The party sends the number of copies that is equal to the number of parties participating in the case, also taking into account the court. There is no legislative provision on how to file an objection to a statement of claim, so the procedure for sending documents is determined by the choice of the filing party:
- through the court office;
- by mail with acknowledgment of delivery.
If the second option is chosen, you must provide proof of mailing or a return receipt.
To work faster in civil proceedings, it is recommended to use a pre-prepared sample of an objection to a statement of claim in order to spend less time preparing the descriptive part.
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Technical nuances
It is advisable that the text of the petition does not exceed five pages. Although legislative acts do not stipulate a strict number of pages, this is the amount of information that can be adequately perceived by readers.
Do not use long names; if possible, shorten them. The font should not be small; special points may be highlighted in bold.
Write down the case number and information about the judge.
It is recommended to use page and paragraph numbers. This will make it easier to absorb information.
Period and rules for filing an objection
If the defendant is serious about protecting his interests, then it is important to approach the drafting of the petition with all responsibility. The completed application must be sent to the judicial authority that conducts the proceedings. It can be delivered either in person or by post.
If this will be done by an official representative, then it is important to issue a power of attorney for him in advance. The document must be certified by a notary.
An objection is drawn up in a number equal to the number of participants in the trial. One of them must be taken to court. It is important to attach to the application all necessary documentation confirming the defendant’s position.
Contents of the objection
The objection to the statement of claim should be brief, but at the same time meaningful. Since it will be in a civil case, and when checking the legality of the decision made, supervisory authorities will become familiar with its text, approach its writing with all responsibility. The law does not contain direct instructions regarding its content. When preparing it, it is advisable to adhere to the following structure, which has developed in practice:
- name of the judicial authority;
- information about the defendant or third party on whose behalf the objection is being filed;
- information about the case number and its parties;
- Statement of your objections with reference to laws and evidence. Specifically indicate which provisions of the claim are unfounded;
- a request to the court to refuse (full or partial) to satisfy the plaintiff’s claims;
- list of attached documents;
- date of preparation and signature of the objector.
A competently and concisely drawn up objection will help the judicial authorities clearly understand the defendant’s position and analyze it. This will help achieve a positive outcome for the defendant. A sample objection to a statement of claim can be downloaded on the Internet or you can read its contents on information boards in courts.
The applicant’s mistakes are only beneficial
Often, a well-drafted objection refutes the arguments of the statement of claim. However, procedural reasons should only complement material ones. It follows that there is no need to base an objection on formalities.
Expert opinion
Makarov Evgeniy Sergeevich
Arbitration manager with more than 10 years of experience
If the plaintiff really has materials on hand that substantiate his position, then there is no need to draw up an objection, referring only to the fact that you did not receive these materials. If the plaintiff missed the statute of limitations, then feel free to indicate this fact in the application. This will definitely work to your advantage.
Incorrect use of the law in favor of the defendant
When an applicant files a claim, he has a list of reasons and requirements. The defendant, having received them, also has the right to justify his position. However, to confirm the correctness, it is important to provide links to the regulatory framework. But it is important to understand that the interpretation of the same situation can be very different from the point of view of the law.
For example, the defendant purchased a vehicle from a citizen who did not have the right to make such a transaction. It follows that the injured party issued a statement declaring the transaction invalid.
The defendant drew the judge’s attention to article number 167 of the Civil Code of the Russian Federation, according to which it does not apply to relationships with a respectable buyer. As a result, the respectable buyer won the case.
Surrebutter
Challenges - (Proccessionseinrede) in civil proceedings are such objections that, without affecting the right of action itself, are intended only to reject the proceedings of the case. O. indicate a violation of essential procedural conditions and forms necessary for opening ... Encyclopedic Dictionary F.A. Brockhaus and I.A. Ephron
Peasants - Contents: 1) K. in Western Europe. 2) History of Kazakhstan in Russia before liberation (1861). 3) K.’s economic situation after liberation. 4) The modern administrative structure of K. I. K. in Western Europe. The fate of the peasant or agricultural ... Encyclopedic Dictionary F.A. Brockhaus and I.A. Ephron
Differences between an objection and a revocation and a counterclaim
An objection should not be confused with a statement of claim. It only indicates disagreement with the points of the claim or specification of these points. It is not allowed to specify additional requirements for applicants here. If the defendant also has demands, then they must be expressed in a response statement of claim. In this case, it is necessary to pay a state fee.
There are situations when defendants draft a response to a claim. In it, they are required to indicate exclusively those circumstances that are directly related to the records of record keeping. A review is drawn up even if the defendant agrees with the applicant’s arguments, but only when it is necessary to clarify specific points or supplement them.
What can be included in an objection?
In judicial practice, it is customary to divide the requirements specified in the objection into the following categories:
- Objections of a substantive nature. The applicant (defendant) expresses disagreement with the stated claims on the basis of their inconsistency with the norms of law or with the evidence presented. In this case, the defendant has the obligation to provide the necessary amount of arguments confirming the inconsistency of the claim as a whole or certain aspects of it. In practice, in this case, the defendant often disputes the amounts of the claims in order to reduce them or completely cancel them.
- Procedural objections. This type of claim does not refute the essence of the claim, and indicates to the court the unlawfulness of considering the case in this court or even in civil proceedings. The defendant may object to filing a claim due to a violation of the rules of jurisdiction when filing it. For example, if the plaintiff went to court, it is not competent to consider this category of cases. At the same time, at this moment there may be some error of the court itself.
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