How to refuse a claim in court. Statement of Waiver of Claims

The plaintiff may file a motion to withdraw the claim at any time after the trial and before the decision is made. This will mean that the person does not support the previously stated demands, and also does not want the case to be decided. The court may satisfy a person’s refusal of his stated demands if this does not violate the interests of other persons. This will be discussed in more detail in this article.

In what cases is it possible

Here it is immediately necessary to note the following: refusal of a claim should not violate the rights of other persons, for example, children. Therefore, if a woman filed an application with the court to recover money for the maintenance of the child, because her husband does not help her in raising and does not participate in the life of the child, and then suddenly decided to abandon the stated requirements, then the court will most likely refuse to satisfy this petitions. Otherwise, the legitimate interests of the minor, who must receive maintenance from both parents, will be violated.

An application for waiver of claims can be filed if all financial and controversial issues between the parties have been resolved before the commencement of the civil case. For example, a bank filed a lawsuit in court against a borrower who did not make payments on the 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 heard. Therefore, the creditor wrote a statement of waiver of claims.

Causes

They may be different. But first of all, the reasons for abandoning 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 pay off the entire debt, as well as resolve other controversial issues with the plaintiff. After all, the consideration of a civil case by a court can take several months. Why should the plaintiff waste his time if he has already resolved all the controversial issues with the defendant? It is on this basis that the person submits an application to the judicial authority to waive the claims.

However, the reasons for refusing a claim can be very different:

• satisfaction of all claims of the plaintiff in pre-trial order;
• the defendant no longer carries out actions that would violate the interests of the applicant;
• reconciliation of the two sides;
• the plaintiff's uncertainty about his victory in the process.

Orally or in writing?

In this case, both options are suitable. After the hearing begins, 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 statement to the court to waive the claim. This will be even better, because everything can be presented on paper more competently and motivated. There is no specific sample for writing such a statement. Therefore, it can be drawn up in free form, but in compliance with the requirements for drawing up business documents. After examining the petition, the court will announce its decision. If it is positive, then the proceedings are terminated. Otherwise, it continues until a decision is made.

Decor

A statement of waiver of claims, a sample of which is not provided by law, can be drawn up as follows:

In _____________ name of the judicial authority

Plaintiff _______________ (surname and initials, address)

Statement

I filed a lawsuit ____________ against the defendant (data) about __________ (you must indicate what).

Due to the fact that _______________ (reason), I consider it necessary to refuse the stated requirements.

The refusal was written by me voluntarily, I know the consequences.

Taking into account the norms of Article 39 of the Code of Civil Procedure,

Accept my refusal of the stated demands.

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 grant such a request.

This happens especially often in cases where women file claims to recover money from their ex-husbands for child support, but then, for inexplicable reasons, abandon 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 civil lawyer will help you 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 withdraw the claim if all controversial issues have been resolved with the defendant, and also convince the judicial authority that it was written voluntarily and does not contradict the interests of other persons.

Consequences

If the plaintiff refuses his claims, then the court will do so only if this does not violate the rights and legitimate interests of other persons. The Russian Federation says 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 again appeal to this body with the same demands and to the same person. This only means that if the applicant suddenly changes his mind and goes to court again, his documents will not be accepted. Therefore, before the plaintiff decides to abandon the claim, he needs to think very carefully and also weigh all the pros and cons.

What is a waiver of claim and why waive claims in a lawsuit if a statement of claim was originally filed?

Waiver of a claim is a procedural action expressing the plaintiff’s desire to renouncejudicial protection of a specific subjective right.

The plaintiff’s refusal of the claim can be caused by a wide variety of reasons:

- due to voluntary performance by the defendantplaintiff's claims and reimbursement of legal expensesor in reliance on the defendant's promise to voluntarily comply with the demands;

- in connection with the termination by the defendant of actions violating the rights of the plaintiff;

- due to the fact that the plaintiff became aware of significant circumstances in the presence of which the dispute initiated by him becomes irrelevant or unfounded;

And also for others.

Nolle prosequi: general provisions

The plaintiff has the right to abandon the claim in whole or in part at any time during the trial until a judicial act is adopted, which ends the consideration of the case on the merits.

A statement of waiver of a claim may be made at a court hearing orally or in writing. An oral statement of refusal of the claim is entered into the minutes of the court session and signed by the plaintiff. The written application is attached to the case materials, and a corresponding note is made in the minutes of the court session.

Persons participating in the case voice their position regarding the orally declared (stated in writing) refusal of the claim, and may object and ask questions about this fact.

When accepting a waiver of a claim, the court explains to the plaintiff the consequences of such a procedural action. An entry is made in the minutes of the court hearing that the consequences of the refusal were explained to the applicant. The applicant signs the minutes of the court hearing, thereby certifying that the consequences of the refusal have been explained to him.

If the plaintiff completely abandons the claim and the court accepts it, the court issues a ruling, which simultaneously terminates the proceedings.

Partial waiver of claims is possible. In this case, the trial will continue regarding the remaining part.

By virtue of Part 2 of Article 39 of the Code of Civil Procedure of the Russian Federation, the court does not accept the plaintiff’s refusal of the claim if this is contrary to the law or violates the rights and legitimate interests of other persons, for example: if the opinion of children under the age of 10 is not taken into account when considering a dispute between parents.

That is, it is not enough to write a statement of waiver of the claim or state it orally during the process; it is also necessary for the waiver to be accepted by the court.

If the court does not accept the plaintiff’s refusal of the claim, the court makes a ruling on this and continues to consider the case on the merits.

The rights and legitimate interests of the plaintiff can be defended in court by his representative. If the plaintiff does not personally take part in the process, it should be noted that a complete or partial waiver of the claim relates to individual procedural actions, which, in order to be carried out by a representative in court, must be specifically stipulated in the power of attorney.

If we assume a situation in which the plaintiff (his representative) discovered significant shortcomings in his position and they can be corrected, it is advisable to take care of correcting them before the court makes a ruling on accepting the statement of claim for court proceedings, and here’s why.

The judge, in accordance with Part 1 of Article 135 of the Code of Civil Procedure of the Russian Federation, returns the statement of claim on the grounds specified therein, including the receipt from the plaintiff of an application for the return of the statement of claim before the court makes a ruling on accepting the statement of claim for trial.

According to Part 3 of Article 135 of the Code of Civil Procedure of the Russian Federation, the return of the statement of claim does not prevent the plaintiff from filing a lawsuit again with the same defendant, on the same subject and on the same grounds, if the plaintiff eliminates the violation.

Consequently, the consequences that occur for the plaintiff in connection with the return of the statement of claim are more favorable in comparison with the consequences that occur for him in the event of abandonment of the claim and are discussed in more detail in the next section of this article.

Consequences of refusing a claim

If the plaintiff abandons the claim completely and the court accepts it, the proceedings in the case are terminated, however, such a procedural action, if accepted by the court, always entails a number of unfavorable consequences for the plaintiff:

1) All legal costs incurred by the plaintiff when applying to court for the protection of violated rights and legitimate interests (costs of paying state fees, costs of paying for the services of a representative in court, costs of examination) will not be compensated;

2) In addition, the plaintiff will have to reimburse the defendant for expenses incurred in connection with the claim. The defendant's expenses incurred during the trial may be significant (expenses for paying for the services of a representative, for paying for expert opinions, for the defendant's travel to the location of the court, and others);

3) In addition to the financial adverse consequences for the plaintiff associated with the refusal of the claim and noticeable immediately, one should remember another adverse consequence in the long term.

It lies in the fact that if the court accepts the plaintiff’s refusal of the claim, a repeated appeal to the court in a dispute between the same parties, about the same subject and on the same grounds is not allowed.

And if the plaintiff nevertheless re-files a statement of claim with the same demands against the same defendant, the court will refuse to accept it. And if such a statement of claim is mistakenly accepted by the court for proceedings, this legal proceeding will subsequently be terminated.

Before the court makes a decision in a civil case, the plaintiff has the right to withdraw his claim and thereby end the trial early. Refusal of claims in court is a fairly common occurrence. When performing such an action, you need to know: in what cases a motion to withdraw a claim is filed, what consequences this will entail, and how to correctly draw up an application.

Reasons for refusing a claim

Only the plaintiff can file a motion to dismiss the claim. Refusal can be complete or partial if the claim can be divided into parts. , filed during legal proceedings before the completion of the process, can only be unconditional, i.e. independent of any circumstances, actions of the counterparty, judges, third parties. The civil process is terminated after filing an application to withdraw the claim.

The plaintiff must express his refusal voluntarily, clearly and unambiguously. Before the civil trial begins, the judge invites both parties to enter into a settlement agreement. It is possible when the plaintiff withdraws the claim; another option is that the defendant agrees with the fairness of the demands, and the termination of the lawsuit does not affect the interests of third parties (). Possible reasons for refusing the claim:

• The defendant stopped his actions that gave rise to the plaintiff’s claims;
• The plaintiff received satisfaction of his claims from the defendant;
• Conclusion of a settlement agreement by the parties to civil proceedings;
• Reluctance of the plaintiff to participate in the trial;
• Other reasons for refusal.

Structure of a statement of refusal of claim

To request a dismissal of the lawsuit, the plaintiff files a motion to dismiss the claim. It is written according to the rules for composing any . Use the sample application to compose it correctly. The header of the petition records the name and address of the court, the details of the plaintiff and defendant (full name, address). In the center of the next part is written the title of the document “Statement of Waiver of Claims.”

In the text of the application, indicate the number of the court case, describe the essence of the claim, clearly and clearly list the reasons why you want to withdraw the claim, indicate your awareness of the consequences of withdrawing the claim. The application submitted to the court is attached to other documents in the case ().

Documents for download:

Consequences of withdrawing a claim

The plaintiff, with his petition to withdraw the claim, declares his reluctance to conduct legal proceedings in his case. In the future, the plaintiff is deprived of the right to go to court with similar claims and demand the resumption of litigation on this issue. This means that a citizen will not be able to file a claim with similar claims against the same person (). An exception to the rule will be discovered facts confirming the defendant’s guilt. In addition, the plaintiff may change the subject of the claim.

All legal costs of the defendant are reimbursed by the plaintiff (). The plaintiff can avoid additional financial expenses by agreeing to a settlement agreement by agreement with the defendant ().

Filing and considering a motion to dismiss the claim

A petition to terminate the trial and waive the stated demands, drawn up before the start of the process, is transferred to the court office. The plaintiff may submit an application to abandon the claim during the trial at any period. The refusal can also be stated orally at the beginning of the court hearing. In this case, it is entered into the protocol and certified by the signature of the plaintiff. In any case, experts recommend a personal statement from the plaintiff to waive claims in court if he changes his mind about asserting his rights.

The judge, having received the plaintiff's motion to dismiss the claims, decides to accept it or reject it. In this case, the reasons for the refusal stated in the application are taken into account, their compliance with the actual wishes of the plaintiff, the absence of violations of the law, and whether someone’s rights are infringed upon (for example, the rights of children). If the refusal is accepted by the court, then the judge makes a reasoned decision, and the trial is terminated ().

Refund of state duty upon refusal of claim

The possibility of returning the state duty to the payer is established in Article 333.40 of the Tax Code of the Russian Federation. The fee is not refundable if the case is dismissed at the request of the plaintiff, due to the fact that the defendant has satisfied his demands, upon establishing a settlement agreement between the plaintiff and the defendant. A partial or full refund of the state fee is possible if the proceedings are canceled if the application is left by the court without consideration. 50% of the amount will be returned to the plaintiff upon concluding a settlement agreement before the arbitration court makes a decision.

Download useful documents:

When deciding to renounce your own claims in court, you should first consult with a lawyer or your lawyer. All possible consequences of refusing a claim should be weighed and taken into account. It is better not to rush to withdraw claims, but to file an application for a settlement agreement with the court.

For these purposes, a statement of waiver of claims is drawn up and submitted to the same judicial body where the main claim is being considered. Such a petition can be made at any stage of the case, but before the final decision is made by the court. This appeal will mean that the plaintiff no longer supports his own claims. There can be many reasons for refusal. Among them is the voluntary satisfaction of demands by the second party to the proceedings.

It doesn’t matter what was the reason for such a decision, the main thing is to indicate it in the text of the document itself. This will determine whether the application is granted or not. They may also refuse for other reasons. For example, when the petition does not comply with the law or its satisfaction will violate the rights or interests of third parties, the proceedings on the merits will continue. If the application is accepted and a positive decision is made on it, the proceedings will be terminated, and the parties will lose the opportunity to go to court again with the same demands. The ruling of the judicial authority to satisfy the plaintiff’s petition can be appealed.

What is the content of the refusal notice?

The document begins in the standard way - with the name and address of the judicial authority to which it is submitted. Next, information about the plaintiff is provided, including full name, residence and registration address, as well as telephone numbers. After the name of the petition itself, its essence is stated:

• what date the claim was filed;
• who is the defendant in this claim;
• indicate the subject of the dispute and other features of the proceedings;
• provide reasons for refusing your own claims;
• express your intention clearly and unambiguously;
• make a note that the refusal is voluntary;
• indicate that the consequences of granting this request are known.

Then you need to refer to legislative norms (Article 39 of the Code of Civil Procedure). Next comes the pleading part. It must ask you to accept the refusal and approve the application. The application is closed with the date of its submission and the signature of the applicant with a transcript. You can send the document to the court by mail or during a personal visit. In the first case, order a notification of delivery. When drawing up an application, you need to take into account some of its nuances.

Important features when submitting an application

If you find a high-quality sample of a statement of waiver of claims, there should be no problems with its satisfaction. When developing a completed petition, consider whether its form and content respect the interests of other persons:

1. For example, if satisfaction of the document will entail adverse consequences for other injured parties, or the property found in the possession of the defendant will not be returned to the owner, such an action will be denied.
2. A similar situation arises when applying for the recovery of money for child support: the husband does not help raise the child, but the mother decided to renounce her own demands (in this case, the judge will not satisfy the application if he does not find sufficient grounds).

The basis for accepting such a petition and making a positive decision on it will be, for example, the satisfaction of all financial requirements and the resolution of other controversial situations. This is possible even before the start of the case or during the proceedings. If the bank submits a statement of claim to the court, in which the borrower (debtor) is the defendant, and he pays the entire amount of the debt, the problem is considered resolved. In this case, there is a need to waive the claims, otherwise there is a risk that a satisfactory decision on the claim will be made, and then the debtor will have to pay the money again.

Sometimes other reasons for accepting the petition are indicated as the reason. The justification will be the loss of interest by the plaintiff in the requirements stated in the claim. However, the consequences of such a decision should also be taken into account. If there is no confirmation that the defendant has satisfied the requirements, or there is no complete certainty that the claim will be abandoned, it is better to consult with an experienced lawyer. Otherwise, it will be impossible to re-apply with the same application to the same defendant and with a similar subject of dispute.

When there is a risk that the interests of other persons will be violated as a result of granting a request for refusal, it is necessary to attach to it documentary evidence of the absence of such consequences. For example, if we are talking about the interests of a minor child, you need to attach bank account statements showing income from the father or another payer. When going to court through a representative, it is necessary to attach a power of attorney confirming his authority. Experienced lawyers will tell you about the remaining nuances of such proceedings.

The plaintiff has the right to file an application to abandon the claim at any time after the initiation of the case in court until a decision is made. What does it mean for the court: the plaintiff does not want to be considered on the merits. It would seem that the court is obliged to accept the statement of abandonment of the claim and terminate the proceedings. But filing a document leads to certain legal consequences.

If the court accepts the refusal of the claim due to direct instructions in the law and without receipt, the proceedings on the case will be terminated. The parties no longer have the right to go to court with similar demands. To draw up a petition, we suggest using the provided sample application to waive the claim; any remaining questions after reading the publication can be asked to the duty lawyer.

Example of a statement of refusal to claim

To Blagoveshchensk City Court

Amur region

Blagoveshchensk, st. Partizanskaya, house 330

tel. 87000000001

address: 675000, Amur region,

Blagoveshchensk, st. Vysina, 57-22

within the framework of case No. 2-2100/2021

in an eviction suit

WAIVER OF CLAIM

The Blagoveshchensk City Court of the Amur Region is processing civil case No. 2-2100/2021 based on the claim of Kuzhleva A.R. to Sukhov F.I. . At this time, I have lost interest in evicting the Defendant since we have resolved this issue amicably. I consider it necessary to abandon the claims. The waiver of the claim is declared voluntarily, without influence from other persons.

I know and understand the consequences of abandoning the claim, provided for in Article 221 of the Code of Civil Procedure of the Russian Federation, that if the court accepts the abandonment of the claim, the proceedings in the case will be terminated, I will not have the right to re-present the same demands against this defendant.

Based on the above, guided by Article 39,

1. Accept the waiver of the claim by Kuzhleva A.R. to Sukhov F.I. on the eviction of a temporary tenant from apartment No. 22, located at Blagoveshchensk, st. Vysina, house 57.

15.11.2021 Kuzhleva A.R.

What kind of statement of refusal of claim will the court accept?

Only the plaintiff can waive the claim. It means a complete waiver of claims against the defendant and from further continuation of the civil process. The waiver of the claim must be unconditional, that is, the plaintiff cannot make his waiver dependent on any actions of the defendant, other persons or the court.

The plaintiff, renouncing the claim, must act voluntarily, without coercion on anyone’s part, not due to the prevailing circumstances. He must be fully aware of the meaning and consequences of his actions. The refusal must be expressed clearly and unambiguously.

The reasons for refusing a claim may vary. This includes loss of interest in the process, awareness of the groundlessness of the demands, the decision to forgive the debt to the defendant, payment by the latter of the debt to the plaintiff during the consideration of a civil case, etc.

The court ascertains the reasons and in cases where the refusal does not correspond to the actual will of the plaintiff, is contrary to the law or violates the rights of other persons, the application is not accepted. Obvious examples include cases where, as a result of refusing a claim, the rights of a child may be violated.

Filing and consideration of an application for waiver of claim

An application for waiver of claim may be filed by the plaintiff through the court office or stated in person during the trial. It is better to do this in person to give the court the opportunity to eliminate possible doubts about the actual will of the applicant.

An application can be submitted at any stage of the process after the initiation of a civil case in court (before this, the plaintiff can file in accordance with Article 135 of the Code of Civil Procedure of the Russian Federation) and before the court leaves the deliberation room at the court hearing.