Application for return of the statement of claim. Sample and download form 2021

Return of a claim on the initiative of the court

As mentioned above, the court will determine within up to 5 days whether the claim can be accepted for consideration.

If during this period the court establishes significant deficiencies in the claim, it will issue a ruling to leave the claim without proceeding. In this case, the plaintiff will be asked to perform one or more of the following actions within 15 days, in accordance with the requirements of Art. 135 of the Code of Civil Procedure of the Russian Federation, namely:

correct or supplement the text of the claim and clarify the claims;
attach the necessary documents;
clarify the circumstances of the disputed legal relationship.

If the violations and shortcomings of the claim make it unsuitable, the court will withdraw the claim from consideration or refuse to accept it. The claim itself and the attached documents will be returned to the plaintiff. The following circumstances necessarily lead to the return of a claim:

missing the limitation period and the absence of a request for its extension in the claim;
pre-trial procedure was not observed if its mandatory nature is established by law;
the claim was brought by an incompetent plaintiff;
the claim was brought by an improper plaintiff;
the presence of the same dispute in any court proceedings;
the claim was filed without compliance with the rules of jurisdiction and jurisdiction;
there is a court decision on the same dispute that has already entered into force.

Appealing a ruling to return a statement of claim

A private complaint for the return of a statement of claim can help in solving the problem of the Principal; more than once there have been complaints challenging court rulings that interfere with the progress of the case and the protection of rights. The applicant has fifteen days to prepare it and submit it to the court, which is considered an appellate instance in relation to the court that issued the ruling. A private complaint is filed with the appellate instance through the court of first instance. If, for good reason, the applicant missed the deadline established by law, then along with the complaint it is necessary to submit an application for restoration of the missed deadline, indicating the reasons why the deadline was missed.

The complaint must indicate:

the name of the court to which the complaint is filed (usually indicated in the ruling);
name of the body that issued the appealed document;
information about the plaintiff, defendant, third parties - as in the filed statement of claim;
description of the facts with references to the rules of law confirming the applicant’s position;
plaintiff's claims;
date and signature of the applicant or authorized representative;
documents proving the validity of the claim.

The period for consideration of a private complaint is from two to three months. Based on the results of its consideration, the appellate court may satisfy the applicant’s demands or refuse to satisfy them. If the requirements are satisfied, then the statement of claim is accepted by the court for proceedings, and the date of filing the application with the court is considered the date of application to the first instance.

Application form

If we are talking about withdrawing a claim from consideration and returning it, then the application is submitted to the court exclusively in writing.

If we are talking about termination of proceedings in a case, then the application can be submitted either in writing or in the form of an oral petition at a court hearing. In this case, the petition is entered into the protocol and the plaintiff is asked to sign it.

In accordance with Art. 135 of the Code of Civil Procedure of the Russian Federation, when withdrawing a claim, the plaintiff is not obliged to motivate the court about the reasons that prompted him to ask for the return of the statement of claim. Because of this, the statement is extremely simple in terms of its writing. You only need to indicate:

name of the court;
Full name and address of the applicant;
the actual request for the return of the claim and its annexes;
date of application and signature of the applicant.

This is important to know: Statement of claim for libel in court: sample 2021

An application for the return of a claim filed before the statement of claim is accepted for proceedings will be binding on the court.

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Why write a statement?

It should be noted that an application for the return of a statement of claim is extremely rare in legal proceedings and only before the start of the trial. Thus, cases can be terminated at any stage of consideration, but in different ways.

Once the claim is accepted by the court, it will be impossible to return it. In such cases, you will need to write a statement to terminate the consideration. In this case, the claim itself will remain in the materials of the civil case, and the plaintiff, at his request, can only be returned the documents that were attached to the statement of claim.

Expert opinion

Mikhailov Igor Konstantinovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Has experience in document examination.

Before the claim is accepted for consideration, you can write a statement to withdraw it from consideration and to return it. In this case, both the claim itself and the attachments to it will be returned to the plaintiff.

It should be remembered that the decision to accept the claim for proceedings or to refuse it is made by the court within five days from the date the claim is received by the court. That is, you can ask for the return of the claim only within these five days.

The reasons for withdrawing a claim may vary. For example, cases of divorce and collection of alimony are terminated, as a rule, upon reconciliation of the parties.

A frequent reason for withdrawal is the “immaturity” of the claim, the plaintiff’s unpreparedness for consideration and weak motivation for the claims, which together can lead to a court decision that is unfavorable to the plaintiff.

It should be remembered that if the claim is rejected, the plaintiff loses the opportunity to go to court again on the same subject of the dispute and on the same grounds. Therefore, in order to prepare for the process, it may be beneficial for the plaintiff to withdraw the “immature” statement of claim, wait for certain conditions to be fulfilled or provide the claim with an evidentiary basis, and then file a new, already “mature” claim.

Sample petition to the arbitration court for the return of a statement of claim

Below is a sample petition compiled by us to the Arbitration Court of the Novosibirsk Region for the return of the statement of claim.

It is appropriate to submit such a petition even before the arbitration court accepts the statement of claim you submitted for proceedings. After the statement of claim has already been accepted, and you have resolved your problems with the defendant or simply for some reason decided to abandon the claim, the court will no longer return the statement of claim to you, the procedure will be different (namely, you will have to declare a waiver of the claim and this has completely different procedural consequences than simply withdrawing from the court a statement of claim that has not yet been accepted for proceedings)!

To the Arbitration Court of the Novosibirsk Region (630102, Novosibirsk, Nizhegorodskaya St., 6)

Case A45 –__________/2009

from the representative of the plaintiff (full name)

lawyer Andreeva O.B., acting on the basis of a power of attorney dated _____________ 2009

MOTION (for the return of the statement of claim)

(Full name) _________ 2009, a statement of claim was filed with the Arbitration Court of the Novosibirsk Region against LLC “___________” to challenge the decision of the general meeting of founders of the Limited Liability Company “___________”.

This statement of claim has not yet been accepted by the court for proceedings.

In accordance with paragraph 3 of Art. 129 of the Arbitration Procedure Code of the Russian Federation, I file a petition for the return of the filed (full name) statement of claim against LLC “___________” to challenge the decision of the general meeting of founders of the Limited Liability Company “___________”.

APPLICATION:

"__" __________ 2009

lawyer Andreeva O.B. _____________________________

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

Use this sample petition to the Arbitration Court of the Novosibirsk Region for the return of a statement of claim in Word format! Request for return of the statement of claim

Drawing up and consideration of an application for the return of a statement of claim

As you can see from the example, the text of the statement is very simple. It is enough to indicate a request for the return of the statement of claim in accordance with Article 135 of the Code of Civil Procedure of the Russian Federation. No reasons are required. The document must be submitted through the office. There is no point in sending it by mail - it takes a very long time.

When an application for the return of a statement of claim is received, the court is obliged to accept it and satisfy it. The consequences of such a procedural decision will be the court’s refusal to consider the claim.

At the same time, the plaintiff is not deprived of the right to again appeal to the court with the same claim against the same defendant - in contrast to the situation when a ruling is made to refuse to accept the statement of claim.

Clarifying questions on the topic

The claim was left without consideration on the basis of the plaintiff’s failure to appear in court, there was no evidence of valid reasons, no deadlines were specified in the ruling. The plaintiff did not appear in court due to the absence of an important evidentiary document, but now he has one. They did not think of filing a petition to suspend the case. 3.5 passed. month.What to do?Thank you.

Leaving a claim without consideration does not prevent a repeated appeal to the court on the same issue and to the same defendants. According to Art.

223 of the Code of Civil Procedure of the Russian Federation, the court cancels the ruling on abandonment when information is received confirming the valid reasons for failure to appear at the court hearing. But since more than 3 months have already passed, it would be faster to file a claim again.

I collected documents to file an administrative claim against the deputy head of Rospotrebnadzor, to whom I had repeatedly complained about one supermarket where they incorrectly place price tags and deceive customers in this way. All my requests were rejected by this official, since he did not see anything illegal in the actions of the supermarket.

Now I have prepared an administrative claim against this official and decided to file it in court. But since I am an ignorant person in these matters, I am interested in if I lose, who will bear the legal costs, will there be any legal costs at all and in what volume?

Legal expenses for payment of state fees and examination (if for some reason it is carried out) will be borne by the losing party. In case of loss, the plaintiff will not reimburse the representative's expenses.

The withdrawal of a claim, a request for its termination or withdrawal from consideration can be justified either by reconciliation of the parties or by their desire to postpone the proceedings for one reason or another.

Total

it is necessary to withdraw the petition to resume bankruptcy proceedings,

Hello, please help. The court made a decision in absentia on the bank's claim to terminate the loan agreement and collect the amount of the debt, and imposed a ban on registration actions on the collateral. I was not notified of the date and place of the court hearing. The deadline for cancellation has not been missed. And the plaintiff did not provide evidence of a pre-trial settlement, and the court accepted the application for proceedings. What actions do I need to take? Thank you in advance.

Hello, Oksana! Submit an application to cancel the default judgment. If the procedure for claim settlement of a dispute is provided for by the contract, but is not followed, the court must leave the plaintiff’s application without consideration (Article 222 of the Code of Civil Procedure of the Russian Federation).

Hello. Please help me write a waiver of the claim, since the defendant agrees to fulfill all the plaintiff’s conditions. Thank you.

sample: how to declare a waiver of a claim,

Hello. Please help me, I sent the statement of claim not to the defendant’s arbitration court, but to my plaintiff’s arbitration court. The court asks me to justify the jurisdiction of the dispute by the Arbitration Court of the Sverdlovsk Region, since the location of the defendant is Chelyabinsk. Help, what to do?

Hello Irina! Depending on what the claims are made, they determine the jurisdiction (ordinary, exclusive, alternative). What is the lawsuit about?

How to withdraw a statement of claim from the arbitration court?

Application for return of claim

If the plaintiff changes his mind about suing, he can file an application to return the statement of claim.

However, in order for the court to satisfy it, certain conditions must be met. Which we will talk about below. As well as the consequences of submitting such a petition to the court and what to do when this method of ending litigation is not suitable.

The reasons for returning the statement of claim are not important to the judge. This may be the effective use of a pre-trial dispute resolution procedure, an incorrectly drawn up statement of claim or the choice of claims against the defendant, an incorrectly chosen method of protecting rights (protection of housing rights, labor rights).

It is not at all difficult to draw up an application for the return of a claim on your own. Our website was created to provide legal assistance to people who do not have special education and experience in going to court. If you have any questions, ask the duty lawyer.

Application for return of claim

How to draw up an application to return a statement of claim to court

An application for the return of a statement of claim must be made in writing. There is no established form for this type of appeal to the court. Meanwhile, you should adhere to some rules. The application for the return of the statement of claim must contain:

name of the court where the request to return the claim is made
Full name and address of the person. who files an application for return of the claim
name of the application - Application for return of the statement of claim
contents of the claim and date of filing the application with the court
a request for the return of the statement of claim indicating the reasons (motives are not required to be indicated)
date and signature of the applicant

There is no need to indicate other information in the application for the return of the statement of claim; the information listed is quite sufficient to consider the petition and make a decision on it.

Grounds for returning a statement of claim

Returning a statement of claim is a standard procedure that allows the case to be reversed if circumstances change. For example, the plaintiff went to court to collect a debt that he gave to his relative against a receipt. But immediately after submitting the application, the relative repaid the debt. In order not to let the case proceed and to return the paid state duty, the plaintiff should withdraw and return his statement of claim.

This is important to know: Statement of claim for invalidation of a loan agreement

The return of the statement of claim can be made either at the initiative of the plaintiff or the court. In the latter case, the list of grounds for return is strictly regulated and limited in Art. 135 Code of Civil Procedure. This:

filing an application in the wrong court;
the need to apply for a court order instead of a lawsuit;
a similar claim has already been filed in court;
the claim was filed by a person who did not have the authority to do so;
the plaintiff was incompetent;
the plaintiff did not contact the defendant before the trial and did not go through the pre-trial settlement procedure.

Among the probable reasons that may make it necessary to return the statement of claim are:

reaching a compromise between the parties;
the emergence of new circumstances that require adjustments to the application;
errors that were identified in the application;
the plaintiff realized that he had gone to the wrong court.

Cases of returning a statement of claim

In addition to refusing to accept the statement of claim, the court may issue a reasoned ruling to return the filed claim if:

The procedure for pre-trial settlement was violated. When faced with a violation of the law by officials, in some cases the law obliges a citizen to send a complaint or claim to the violator to protect and restore his rights and legitimate interests as soon as possible. If the claim is successful, the parties to the dispute draw up a corresponding agreement in writing, which, if necessary, can be certified by a notary.

The claim is brought by an incompetent person , that is, a person who, due to not reaching the age of majority or due to a mental disorder, is not able to exercise his civil rights and obligations in the absence of guardians or trustees;
Jurisdiction is not respected;
The application is not signed by the applicant or signed by a person who does not have these powers due to the lack of a power of attorney to represent the applicant’s interests in court;
The presence in the proceedings of the plaintiff’s application for the return of the claim , which a citizen can submit to the court before the court makes a ruling on accepting the submitted application for proceedings;
There is an identical case in court proceedings.

The decision on return is made by the judge within five calendar days, after which it is sent to the applicant (plaintiff).

Compilation rules

The law does not impose strict requirements for a motion to return a statement of claim. It can be compiled in free form.

A request for the return of a statement of claim should be drawn up according to the general rules. It must contain the following information:

Full name of the plaintiff , his contact phone number, email and residential address.
Full name of the defendant , his residential address.
Name of the court to which it is filed.
The title of the document is “Petition to return the statement of claim.”
Circumstances of what happened : when the claim was filed and against whom.
Reason for return (optional, a person can simply support his right with a reference to Article 135 of the Code of Civil Procedure).
Request for return of the statement of claim.
Applicant's signature with transcript.
Date of application.

This application does not require the payment of a state fee, so a receipt is not attached to it.

Court decision to return the statement of claim

The court is obliged to consider the petition within 5 working days, after which it makes an appropriate determination to return the statement of claim or to refuse to return such a statement.

If the claim is returned, the court must also indicate in the ruling the violations committed by the applicant (if any). Unlike other cases of returning an application, this procedure for returning a claim (by filing an application) does not carry absolutely any legal consequences for the plaintiff. That is, he may file the same claim in the future.

The ruling can be appealed to a higher court within 10 days from the date of its issuance. If the appeal for the return of the statement of claim is refused, the filing deadline is considered to be the date of the first application to the court.

podaemisk.ru/hodatajstvo/hodataistva/Hodatajstvo-o-vozvrashenii-iskovogo-zayavleniya.html

How and when to apply

The petition is submitted before a ruling is made to accept the claim for proceedings. Usually this procedure takes no more than 5 days. Therefore, the applicant should not delay submitting the application and submit it as quickly as possible. The procedural deadlines for filing a petition cannot be restored, even if the person has valid reasons for missing the deadlines.

It is not advisable for the plaintiff to go to this length, since completing the trial in this case will be more difficult, it will require additional documentation, and legal costs may be transferred to the plaintiff.

You can call the court in advance and find out whether the statement of claim has been accepted for proceedings.

The petition should be submitted to the same court in which the statement of claim was previously filed . It could potentially be delivered in person to the court office or sent by mail. But due to the short deadlines for filing an application, it is worth choosing the first option, since delivery of the application by mail takes a long time. When submitting an application, you should take from the office a receipt for receipt of documents or a second copy of the application with a note of acceptance.

Thus, the legislation allows for the possibility of withdrawing a statement of claim by filing an appropriate petition. The reason for the return can be absolutely any and it does not have to be specified in the application. The petition is submitted in writing and does not have strict requirements for content and structure. It should be submitted in person through the court office.

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How and when to apply for the return of a statement of claim

Only the plaintiff prepares an application for the return of the statement of claim. And exclusively in written form. It must be filed before the court makes a decision to accept the statement of claim for proceedings. That is, the plaintiff has approximately 5 days from the date of filing the claim.

The plaintiff can check with the court office for information about the fact that the court has issued a ruling to accept the claim. Even if the rules of jurisdiction are violated.

I will forgive you faster - on the official website of the court. You can contact the assistant judge and express your intention to file such an application before a determination is made to accept the statement of claim for proceedings.

If the procedural deadline for filing an application for the return of the claim is missed, it is not restored. And after the statement of claim has been accepted for proceedings, consideration of the civil claim can be terminated in other ways.

Each of them has its own advantages or disadvantages (including the issue of reimbursement of legal costs): refusal of the claim, recognition of the claim, conclusion of a settlement agreement, consideration of the case on the merits.

Filing an application to return the statement of claim is one of the grounds for the judge to make such a decision. Apart from issuing a ruling to return the claim, no other option is possible.

If the court makes a decision to leave the claim without progress, and the plaintiff does not correct the existing shortcomings in a timely manner, the statement of claim will be considered not filed and will be returned along with all documents. Which can also sometimes be used to avoid going to court.

Case Study

Life turned out in such a way that Ivan Zasuzhuka had to write a lawsuit and even send it. Having turned to a lawyer, he discovered that he had to submit his claims to the Arbitration Court, since he is an entrepreneur and wants to conclude a land lease agreement with the city administration. The process has not yet begun, and Ivan Fedorovich has the right to return the state duty if he withdraws the claim.

Please note that the return of the statement of claim is allowed to be initiated by both the plaintiff and the court.

Grounds for return of the claim by the court

The point is that such a procedural action is performed before the initiation of a civil case, that is, when the claim is received by the office, but the process does not begin.

The grounds for this are specified in Art. 135 Code of Civil Procedure of the Russian Federation:

the plaintiff appealed to the wrong judicial authority;
it was necessary to apply for a writ of certiorari instead of a suit;
the plaintiff did not contact the defendant pre-trial to resolve the dispute, although this is mandatory, or did not prove the filing of the claim with documents;
the plaintiff is incompetent, that is, he does not understand the meaning of his actions, and this is confirmed by evidence;
the demand is not signed or signed by a representative who does not have the authority to do so;
a similar claim has already been filed on the same grounds or the claim was withdrawn before its acceptance.

You can file the same claim again, but after removing all obstacles to this. The state duty is refunded as determined by the court.

This is important to know: Rules and procedure for filing a claim

Reasons for withdrawing the claim by the applicant

The motives for such behavior can be different: reaching a compromise between the parties, the emergence of new circumstances, errors identified in the original claim. Or, as in our example: Ivan Zasuzhuka realized that he had gone to the wrong court.

The law does not impose specific requirements for such an appeal, so draw up a petition for the return of the statement of claim in free form. Download the 2021 sample file (you will find a link just above the illustration) and use it as a basis. And if you have serious doubts, contact a professional lawyer. By seeking the help of a specialist, you will save time and money; besides, initial consultations with many lawyers, including on websites or by phone, are now free.

Rules for drawing up a petition for the return of a claim

There are no special rules: a petition for the return of a statement of claim is drawn up according to the general rules. That is, it is necessary to indicate the name of the court, the details of the plaintiff and defendant (indicating contact details, telephone numbers, email), the essence of the case, and clearly express the request for the return of the claim (it is not necessary to indicate the reasons, just refer to Article 135 of the Code of Civil Procedure of the Russian Federation).

The appeal must be signed, otherwise it is not valid. It is advisable to date and present the documents to the office or send by mail. The court is obliged to satisfy it. It is worth noting that documents are returned if the earlier claim was left without progress and the identified deficiencies were not eliminated by the applicant.

Request for return of the statement of claim

In some cases, after filing a claim in court, the applicant needs to return it back. To do this, you need to draw up and send to the court a petition for the return of the statement of claim, without waiting for the claim to be accepted for proceedings.

In the petition, you must indicate your desire to return the filed claim due to either reconciliation of the parties, or the presence of errors in the submitted statement of claim that you want to correct.

It is not possible to apply for the return of a statement of claim that has already been accepted for processing.

If the applicant made mistakes during the preparation and formation of the set of submitted documents, the court itself will return the statement of claim to the plaintiff. The applicant has the right to disagree with the opinion of the court and file a complaint with a higher authority.

What are the important points to consider?

To understand the meaning of returning a statement of claim, it is worth delving into the procedure. The court or the plaintiff can demand the return of the claim.

Attention! At the same time, the law clearly indicates the actions that these persons must follow:

the judicial authority is obliged to ensure that there are grounds for returning the application;
The plaintiff also has the right to apply to the court with such a petition only if there are objective reasons.

Following these rules will minimize the likelihood of the application being rejected by the court.

It is necessary to clearly distinguish between the return of a claim and the refusal to accept it. The main difference is the consequences: if the court rejects the claim, then it will not be possible to re-file it. On the contrary, a return allows you to make corrections and additions to the document and resubmit it for consideration.

In fact, this answer means that the court will begin proceedings on the condition that the plaintiff corrects the mistakes made.

What to do when returning a claim?

The return of the statement of claim to the plaintiff means the court’s refusal to initiate a civil case. Unlike the court’s refusal to accept an application, the return of a claim does not deprive the citizen of the right to re-apply to the court with the same claim.

If the court returns the statement of claim, then you, as the applicant, need to restore the validity of the document. There are two ways to restore the action:

by making amendments to the returned application;
by appealing a court decision in a case where, in the plaintiff’s opinion, the reasons for the return are not objective.

Basic Concepts

The statement of claim is the document that forms the basis of the legal process. The plaintiff draws it up independently or with the help of a professional to restore his rights.

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

Return of a statement of claim is a procedural court decision in which a previously filed claim is returned to the plaintiff on the basis of his application.

It is important to understand that a claim can only be returned until it is accepted for consideration. That is, when it is submitted and received by the office, but the process has not yet begun. The paid state duty is also subject to refund by court decision.

Watch the video. Refusal, return, abandonment of the claim:

Consideration of the application on its merits

The legislator has simplified as much as possible the procedure for considering an application for the return of a statement of claim. The judge does this alone, without convening a meeting or calling the parties.

When a correctly completed application is received, the court is obliged to accept it for consideration and satisfy it. The result will be a determination to return the statement of claim.

The legal consequence of this procedural decision is the court's refusal to consider the claim. In this case, the plaintiff is not deprived of the right to re-apply to the court with the same claim.

This is the difference between the court making a ruling to refuse to accept a statement of claim, when the plaintiff loses the right to go to court on the same grounds.

Submission and consideration of an application for the return of a statement of claim

An application for the return of the claim is submitted to the same court. where, in fact, the initial documents were submitted. Both the applicant himself and his representative, who has the appropriate powers certified by a power of attorney, have the opportunity to submit such an application (Article 53 of the Code of Civil Procedure of the Russian Federation).

The issue of returning the statement of claim is considered by the judge alone. without a court hearing or calling the parties. Based on the results of consideration of the application, a determination is made. A private complaint may be filed against this determination.