Application for waiver of claims. How to arrange?
A plaintiff may file a waiver of action at any time after a civil case has been filed in court and before a decision has been made. This will mean that the person does not support the previously stated requirements, and also does not want a decision to be made on the case. The court may satisfy a person's waiver of his claims, if this does not violate the interests of other persons. More details about this will be discussed in this article.
In what cases is it possible
Here it is immediately necessary to note the following: the refusal of the claim should not violate the rights of other persons, for example, children. Therefore, if a woman filed an application with the court for the recovery of funds for the maintenance of the child, because her husband does not help her in raising her and does not participate in the life of the baby, and then suddenly decides to abandon the stated requirements, then the court will most likely refuse to satisfy her petitions. Otherwise, the legitimate interests of the minor, who must receive maintenance from both parents, will be violated.
A waiver of claims may be filed if all financial and contentious issues between the parties have been resolved before the start of the civil case. For example, a bank filed a lawsuit with a judicial authority against a borrower who did not make payments on a loan, but after the latter found out about this, he immediately paid the entire amount with interest. In this case, the issue was resolved before the case was considered. Therefore, the creditor wrote a statement of waiver of claims.
Causes
They may be different. But first of all, the reasons for the refusal of the claim are justified by the fact that the applicant has lost the necessary interest in the previously stated requirements. In addition, the defendant could independently repay the entire debt, as well as resolve other contentious issues with the plaintiff. After all, the consideration of a civil case by the court can take several months. And why should the plaintiff waste his time if he has already resolved all the issues with the defendant? It is on this basis that the person submits to the judicial authority an application to waive the claims.
However, the reasons for refusing a claim can be very different:
- satisfaction of all claims of the plaintiff in the pre-trial order;
- the defendant no longer performs actions that would violate the interests of the applicant;
- reconciliation of the two parties;
- the plaintiff's uncertainty about his victory in the process.
Orally or in writing?
In this case, both options are suitable. After the beginning of the meeting, you can express your request to the court orally. In this case, the secretary will simply enter the plaintiff's words into the minutes of the process. You can also submit a waiver to the court. It will be even better, because on paper you can state everything more competently and motivated. There is no specific pattern for writing such a statement. Therefore, it can be drawn up in a free form, but in compliance with the requirements for processing business documents. After examining the petition, the court will announce its decision. If it is positive, then the case is terminated. Otherwise, it continues until a decision is made.
Decor
An application for waiver of claims, the sample of which is not in the legislation, can be drawn up as follows:
At _____________ name of the judicial authority
Plaintiff _______________ (surname and initials, address)
Statement
I filed a lawsuit ____________ against the defendant (data) about __________ (it is necessary to indicate what).
Due to the fact that _______________ (reason), I consider it necessary to abandon the stated requirements.
The refusal was written by me voluntarily, the consequences are known to me.
Taking into account the norms of Article 39 of the Code of Civil Procedure,
Accept my waiver.
Date of___________
Signature__________
Qualified help
Due to the fact that not all citizens can independently defend themselves in court, many of them seek advice from professional lawyers. Moreover, the consequences of refusing a claim are not always clear. In addition, in practice there are various situations when the judge simply does not satisfy such a request.
This happens especially often in cases where women file claims for the recovery of funds from ex-husbands for the maintenance of children, but then, for inexplicable reasons, refuse their claims. In this case, the interests of minor citizens are violated, and therefore the court quite understandably refuses to satisfy such applications.
To prevent such cases from happening, a professional lawyer in civil cases will help to understand the current situation and find the right way out. In addition, he has the right to represent the interests of his client in court, which will help the latter save time and nerves. A competent lawyer will be able to correctly draw up a motion to waive the claim if all disputes are resolved with the defendant, and also to convince the judicial authority that it was written voluntarily and does not contradict the interests of other persons.
Consequences
If the plaintiff renounces his claims, the court terminates the proceedings. But only if it does not violate the rights and legitimate interests of other persons. Article 39 of the Russian Federation states this. The case ends with the issuance of an appropriate decision.
In the procedural document, the judge indicates to the plaintiff that he will not be able to apply again to this body with the same requirements and to the same person. This only means that if the applicant suddenly changes his mind and goes to court again, then his documents will not be accepted. Therefore, before the plaintiff decides to drop the claim, he needs to think very carefully, as well as weigh all the pros and cons.
