How to win at trial Developer

To win at trial Developer need to know certain details of the judicial system and the basic provisions of the legislation in the field of human defrauded real estate investors. Here are some of the most relevant points that you should definitely look for if you decided to appeal to the court to the developer. The first is the claim. Despite the fact that the law does not provide for mandatory Claims procedure when considering these disputes, I recommend you to deal with a claim to the builder before filing a claim in court. Why? To avoid wasted time and unnecessary actions, as many judges because of their incompetence in these matters, or simply from the heavy workload may refuse to accept the claim in the absence of pre-trial settlement. It should be noted that the claim must be given time to return the money, I recommend not more than the 7 - 10 days after receipt of the claim, because if no time is specified, then the date will be determined by the general rules of civil law, which corresponds to 30 days. In addition, the claim must specify the details of his bank account to further deprive the Developer invoking impracticability claim in the absence of bank details. This can significantly affect the penalty. The complaint clearly and reasonably desirable to present their claims, because courts (which, in my view incorrectly) often compare the content and requirements of the Statement of Claim with the claim of the form, content and requirements. One time in my practice was a case where the court dismissed the lawsuit in the part in which he did not meet the claim. Second, in what court appeal. In accordance with the submitted holders, as the consumer with additional procedural (judicial) rights, he may appeal to the court not only the location of the developer, but in their place of residence or place of the contract, or the place of execution of the contract (for example, where There is a new-built house). Such a right conferred by law holders, is very convenient from a practical point of view, and also provides additional benefits when choosing a court to determine its load, the specific work and much more. Third, the documents transmitted to the court. The statement of claim with the applications in the form of contracts and payment documents must be attached all the necessary calculations for the proceedings, namely the calculation of payment of state duty (by the way, it has a favorable settlement), calculation of penalties and damages, if any, the applicant requests to charge. As well as the calculation of the full cost of the required funds. In the absence of procedural documents, this may be grounds for abandonment of the claim without motion or without consideration, which will lead to considerable difficulties and great loss of time. Fourth, proper and timely notice of all stakeholders, as of the date and time of the hearing, as well as new, provided to the court documents, including the revised claims, additions to the lawsuit, the answers to legal queries. "First Capital Law Center" in this matter does not expect the office of the court and mail service, so we own agenda and delivers requests of the court, it is recommended to do the same to any interested party in the case. Fifth, when applying to the court to seize the property of Developer. Arrest, or security measures imposed by decision of the court a writ of execution. Interim measures may be directed to funds in the current account developer, or property, including residential or non-residential premises, vehicles, land, otherwise. Which requires an interim measure? It's no secret that the court with the developer can take several months, followed by a stage of excitation of enforcement proceedings, which also takes time. If the court can seize money or property the debtor's potential, then the applicant will be confident that when a trial has not been completed, money will not be able to spend a developer or transferred for other purposes, leaving the applicant with nothing. Sixth, we must understand what is the organization of the Developer. How much is a large company or a solvent, a number of financial claims against it had already filed, whether in respect of the organization's executive production, production or special, or summary execution proceedings. Is there any bankruptcy proceedings in the Court of Arbitration, and at what stage. In the presence of such information may already before going to court to represent pre-development prospects of the trial and its outcome, as well as to understand, in what court appeal to the general rules of procedure, or the Court of Arbitration in the process of bankruptcy. Seventh, if the developer proposes to conclude a settlement, you should understand that this is not the worst case scenario, if it is satisfied shareholders. Even if the terms of the settlement agreement will be executed, it does not preclude the immediate issuance of a writ of execution on the general rules of procedure for presenting the document to the bailiff service performers. We should not confuse the international agreement concluded in the trial, and the agreement reached between the shareholders and the builder prior to trial, which has no power of judicial decisions and does not lead to the issuance of a writ of execution, in this case is binding on the parties, and if the interest holders in the agreement provided he renounces the law of additional rights, including the penalty, damages, jurisdiction, otherwise, in this part of winning in court it would be impossible. I recommend a very careful approach to the conclusion of any agreements before going to court, because experience shows that such agreements are almost never enforced, and focused only on what to buy time developer. Article prepared by lawyer Oleg Sukhov, a leading lawyer "First Capital Law Center»