How to Make a Small Claims Suit

To protect their legal rights and interests, every citizen can go to court after following certain procedures under article of the Constitution. For the disputed issue to be taken into consideration, one needs to reach the court through a formal complaint.

However, the complaint should be made after reading the code of civil procedure of any country. To file a complaint in court, you must write a statement of claim in the prescribed form and submit it to the court. For writing applications you will need a lawyer because properly written application (complaint) can arguably benefit you at times.

Instructions

  • 1

    To file a complaint in court, you need to make a claim to the court. The application shall contain the name of the court where you want to file a complaint, the address data and the respondent body. If the complaint is related to the recovery of moral damages from the defendant, then specify the exact amount for which you are claiming.

  • 2

    Describe the circumstances which gave rise to the claim and try to provide evidence of violations of your rights. State the nature of the claims, referring to a specific article of the legislation. It is recommended to collect objective facts and the evidence on which the court may conclude that your rights have actually been violated.

  • 3

    Next, you need to argue the circumstances set out in terms of a law i.e. to provide those legal standards by which you concluded that you are eligible and qualify to claim for the violated rights. The petition must be presented with all logical explanations and must clarify that the court did not question the legitimacy of your demands.

  • 4

    The final part of the statement is a statement with legal terms, requesting to pay the damages you submitted to the court at the same time while filing a lawsuit. The statement of claim should be filed along with the complete list of the applications, the dates and signatures of the plaintiff.

  • 5

    For a well-written statement and to avoid errors, it is recommended to contact a lawyer you to protect your rights in the court. Many plaintiffs believe that they can make a legal statement by their own and can save the cost of a lawyer. However, professionally prepared statement can guarantee winning a civil case.

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