General provisions
Consent with the claim can be not only complete, but also partial. After one party agrees with the demands of the second, the judicial authority fully or partially satisfies the claim. One or more claims are then deemed to have been fully or partially established, speeding up the litigation process or rendering it completely unnecessary.
Code of Civil Procedure of the Russian Federation
How to send a letter
A letter of complaint can be sent in several ways.
- Email;
- Fax;
- post office.
The simplest and fastest options: via email or fax. But the most reliable way is conservative sending through Russian Post. It is interesting in that it makes it possible to send a message by registered mail with return receipt requested, which in turn will indicate that the addressee is guaranteed to have received it. The disadvantage here is also quite obvious - with this method you need to have a reserve of time. The most effective would be to combine two options: for example, sending copies of the letter via regular and email.
Is it possible to challenge consent to the claim?
Even if the defendant agrees to accept the demands of the second party, the court may refuse to do so if:
- these actions violate the law and infringe on the rights of other citizens or organizations;
- such actions were the result of the defendant’s misrepresentation;
- one of the parties deliberately deceived the other or forced it to make such a decision under the threat of violence;
- Circumstances that are relevant to the case under consideration were deliberately hidden.
Note! The judge must warn the defendant about the consequences of making such a decision.
All demands to which the other party agrees must be specifically listed and reflected in the court record.
Registration of recognition
If the defendant admitted the claim, then subsequently it will be possible to challenge these actions only by filing an appeal. The main argument in this case may be the involuntary nature of the actions taken.
In this case, the higher court checks:
- there were or were not conditions for consent to the statement of claim;
- there were or were not circumstances compelling the person to consent;
- whether the defendant had diseases that prevented him from understanding the meaning of the actions he committed;
- whether the court warned about the consequences of such actions.
Thus, the claim can be admitted during the consideration of the claims. For this purpose, there is a procedure provided for by the Code of Civil Procedure of the Russian Federation. A sample application for recognition of claims can be requested directly from the judicial authority. Recognition can be canceled only in exceptional cases, which must comply with the law and will not violate the rights and legitimate interests of other citizens.
We invite you to familiarize yourself with: Sample letter for the return of funds based on the reconciliation report
When to go to court
You have to restore your consumer rights through the court if other methods of influencing the seller or performer do not produce the desired result:
- the consumer made legal demands to the store, but were refused to fulfill them, or they were ignored;
- the consumer involved regulatory authorities in resolving the conflict, but they were unable to exert the necessary influence on the offender.
The consumer is not prohibited from going to court immediately after a violation of his rights, without trying to resolve the dispute pre-trial, but this greatly worsens his situation:
- in the absence of compliance with the claim procedure, the consumer cannot file a claim in court for payment of penalties and compensation provided for by the Law on the Protection of Consumer Rights;
- in practice, courts often return a claim for PPP if the pre-trial procedure is not followed. Such actions of the court are a violation of procedural law, which is confirmed by the position of the Supreme Court of the Russian Federation, set out in paragraph 23 of the Plenum Resolution No. 17 of June 28, 2012 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights.” They can be appealed, but this wastes a lot of time and effort;
- For some types of services, the law still establishes a mandatory pre-trial procedure for resolving disputes to protect consumer rights, when filing a claim without first sending the claim to the contractor is impossible:
Grounds for consumer claim Basis by law Payments under OSAGO Clause 5.1 art. 14.1 No. 40-FZ dated April 25, 2002 “On compulsory insurance of civil liability of vehicle owners” Tourist services Paragraph 7 tbsp. 10 No. 132-FZ dated November 24, 1996 “On the fundamentals of tourism activities in the Russian Federation” Disputes regarding the protection of the rights of consumers of banking and insurance services, if the amount recovered does not exceed 500,000 rubles Part 2 art. 25 No. 123-FZ of June 4, 2018 “On the Commissioner for the Rights of Consumers of Financial Services” Freight transportation Art. 797 Civil Code of the Russian Federation Communication services Clause 4 art. 55 No. 126-FZ dated July 7, 2003 “On Communications”
Thus, it makes sense to file a claim for the protection of violated consumer rights in court after contacting the seller with a claim. Read our article on how to file a claim.
Registration procedure
The legislation does not define specific requirements regarding the procedure for recognizing a claim, but it does establish rules in accordance with which minutes of court hearings must be drawn up. Before making a decision on granting a refusal, the judge is often guided by existing judicial practice and decisions of higher authorities.
Partial refusal is issued in two ways:
- What the defendant agrees with, he pronounces orally. This is recorded in the court protocol, which is kept by the secretary of the meeting. After this, the person who recognized the requirements puts his signature and indicates the date.
- The defendant prepares a written statement in advance. It is attached to the case file. The statement must set out in detail and clearly all the requirements with which the defendant agrees, as well as those that the judge will further consider. If a material claim is brought, the defendant must indicate which amount he agrees with and which he refuses to pay.
Important! If the interests of the second party are represented by a lawyer or lawyer, then he can carry out the procedure, but for this he must have a formalized power of attorney to perform such actions.
Questions and answers
Many citizens are not familiar with the procedural procedure for resolving disputes in courts. In addition, some people have no desire to go there for subjective reasons. For example, reluctance to communicate with the opposite party in the event of filing a claim for divorce.
The way out is to file a separate petition to consider the case without visiting a judicial authority. But how to do everything right?
Lawyers are often asked such questions. And here are the answers to some of them.
What to do if your application is not considered
Filed a claim for damages from the person responsible for the accident. There was not enough insurance to repair the car. I don’t have time to go to meetings myself, so I submitted an application to consider the case without my participation. The judge ignored him. In addition, the defendant insists on my presence. What should I do?
We recommend! Petition for a technical examination of documents: sample for the court with questions for the expert
Anton, Moscow.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
The most correct way out of the situation would be to issue a power of attorney to a lawyer or enter into an agreement with a lawyer. The power of attorney is certified by a notary. First, the specialist will familiarize himself with the case materials and develop a legal position. Well, there will now be no need for the personal presence of the plaintiff.
How to notify the court of your inability to attend
After the divorce, I am dividing the apartment with my ex-husband in court. However, I was injured and am now in the hospital. Tell me what is the best way to notify the court of the impossibility of attending the next hearing? Thank you in advance!
Svetlana, Moscow.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
In such a situation, this is what they usually do. The application or petition is written by hand. A document confirming your stay in hospital treatment is attached to it. Everything is sent to the court address by mail in advance. This mission can be entrusted to relatives and friends. At the same time, it is also useful to notify the judge’s secretary by telephone about any difficulties that have arisen.
Is it possible for the plaintiff not to attend the trial?
Engaged in the collection of moral damages from an enterprise located in another city. Documents were sent to the local district court by mail. Due to my busy schedule, there is no time to travel. What is the best thing to do in the described situation?
Kirill, Krasnogorsk, Moscow region.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
There are two ways out of the situation. The first is to file a petition to consider the case without the presence of the author of the claim. However, disputes about compensation for moral damage are quite specific. Therefore, the court will probably want to listen to the injured party. In addition, participation in the case can be entrusted to a representative by proxy. Payment for his services is additionally collected from the second party.
Please do not consider the case in my absence.
She filed a claim to claim money under the receipt and loan agreement. However, she was forced to go on a long business trip to another city. I want to be present in court in person. What's the best thing to do now?
Larisa, Balashikha.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
When the date of the hearing is known, it is worth sending a petition to the court by mail to postpone the case . A copy of the travel certificate is attached to it. If the trip drags on, then you should think about a representative who will take charge of supporting the case in court. He is issued a notarized power of attorney with an agreed set of powers.
The procedure for drawing up an application for recognition of a claim
The form for such an application can be found on the Internet, asked at the court office, or obtained from a practicing lawyer in civil matters.
The statement states:
- address and full name of the parties;
- document title (centered);
- information relating to the particular case and the reasons underlying the consent;
- the specific requirements that were recognized and their scope;
- notifying the court of the consequences of consent actions;
- date of application and signature of the applicant.
Application example
Consequences for the defendant
A person who has expressed his consent orally or in writing is obliged:
- voluntarily fulfill all the requirements stated in the statement of claim;
- unconditionally comply with the decision of the judicial authority;
- refuse to challenge the court decision in the future.
Important! The above circumstances come into force after the completion of the trial and are subject to mandatory execution.
If the defendant or his representative cannot provide reasonable arguments indicating innocence, then refusal gives the opportunity to:
- soften the court's verdict;
- receive a real delay in the execution of the decision if it is of a material nature;
- suspend or completely terminate legal proceedings and enter into a settlement agreement for the parties.
We suggest you read: Is it legal for a court to dissolve a marriage by mutual consent without giving time for reconciliation?
If, for example, a claim is being considered against an individual entrepreneur or is related to issues of violation of tax laws, then agreement with the requirements may entail not only administrative, but also criminal liability. In this situation, the defendant needs to carefully weigh all the plaintiff’s arguments. If they are justified and subject to satisfaction by the court, then if you disagree with the statement of claim, more serious sanctions may follow.
On a note! The disadvantages of such a step after the parties have agreed to enter into a settlement agreement include the defendant’s refusal to fulfill his obligations. In this case, not a decision is made on the basis of Article 194 of the Procedural Code, but a ruling on recognition of the claim for approval of the settlement agreement, which is then more difficult to force to be carried out.
What to do after writing a letter
A letter of complaint requires a response, and various developments are possible: satisfaction of claims in full, in part, as well as a complete refusal to satisfy them. As a rule, the response itself is also written, in the form of a separate letter or a resolution imposed by the head of the recipient company on the received claim.
In cases where there is no answer, you should wait at least 30 days and then file a lawsuit or a complaint with a supervisory authority.
