You cannot agree with the debtor regarding recovery. You’ve decided to take the final step – judicial recovery. Read some tips on how to prepare a lawsuit to properly complete all formalities. The basis to be able to assert your rights in court proceedings is to prepare a lawsuit.
The application should include
- designation of the court to which it is addressed;
- name and surname or name of the parties, their legal representatives and representatives; designation of the letter (application);
- a precise request, and in cases regarding property rights, also the value of the subject of dispute;
- citing factual circumstances justifying the request and, if necessary, also justifying the jurisdiction of the court,
- designation of the subject of dispute and:
- designation of the place of residence or registered office and addresses of the parties, their legal representatives and proxies,
- PESEL number or tax identification number of the plaintiff who is a natural person, if he is obliged to have it or has it without such an obligation or
- number in the National Court Register, and in the absence of a number in another appropriate register, register or tax identification number of the plaintiff who is not a natural person who is not obliged to enter in the relevant register or register if he is obliged to have it.
The claim may also contain applications for securing the claim
For the judgment to be immediately enforceable and to conduct the hearing in the absence of the plaintiff, as well as applications for the preparation of the hearing, in particular applications for:
- summoning witnesses and experts appointed by the plaintiff;
- order the defendant to provide at the hearing a document in his possession and necessary for the taking of evidence or subject of the examination.
In addition, the plaintiff should already attach to the application all documents that confirm his conclusions and statements of evidence. You can attach the originals of these documents to the application, but this is not necessary.
If it is necessary to provide the originals (e.g. at the request of the court or the other party), copies may also be made, in which case their compliance with the original must be certified by a notary public or an attorney-at-law if they have been authorized to conduct the case.
The fees are regulated by the Act on court costs in civil matters
Bills of exchange, checks and excerpts from bank books must always be submitted in the original. The claim must also be paid in the correct amount.
Before preparing a lawsuit, the entrepreneur should consider choosing a procedure. After meeting the additional prerequisites, he may choose, and sometimes is obliged to conduct proceedings in writ, writ or simplified proceedings.
In practice, it is best to use the simplified procedure. Thanks to it, cases are not only faster, but the court fees charged are lower than in the case of an ordinary case.