STATEMENT OF CLAIMS-ARBITRATION

This statement is given by a person or company i.e. plaintiff to defendant to claim a damages from defendant. This statement of claim is used to expose the plaintiff in detail.

                                           HOW TO WRITE A STATEMENT OF CLAIM

This statement of claim must be an argument but declared as a fact. And also it is questionable with evidence and enquiry. A good claim can be a strong argument to other side party.

                                              MATTER CAN BE HEARED IN ?

  • Up to  2 crores can be initiated in district court.
  • Above 2 crores can be initiated in high court.

According to that, plaintiff filed a statement of claim with in the court and served a copy to defendant, the served copy must be a stamped copy. plaintiff  have to serve a stamped copy within 6 months of date that he was filed in a court.

                                    Statement of claim procedure followed by steps

Step:1   Firstly, who will serve the statement of claim.

  1. Plaintiff can serve the statement of claim to defendant
  2. Request court to serve the statement of claim to defendant.
  3. Ask someone to serve the statement of claim to defendant
  4. Plaintiff pays for a private  servers to serve the statement of claim to defendant.

In local court, it will serve the statement of claim and charge up to $46.00 for each address of defendant. In private process, server can serve the statement of claim for around $30.00 to $80.00. If plaintiff win the case, he will claim back $70.00 from the defendant.

      Step:2  Served the statement of claim

Statement of claim can be served to an

  1. Company
  2. Partnership
  3. Individual

COMPANY

Company is an defendant, then the statement of claim can be served to Post it, in registered office of a company or director of the company.

PARTNERSHIP

Posted it, in registered office of the partnership  [or ] it can be served to person who is above 16 years and working in the partnership.

INDIVIDUAL

Statement of claim can be served directly to an individual [or] it can be served to defendant to his home address. He must be above 16 years, [or] it can also be served to defendant, to his working address, if he is a business man and he must cross the age of 16 years [or] request local court to post it to the defendants work address or residential address.

STEP-3   When it is needed, apply for the substantial service

Sometimes plaintiff not able to serve the statement of claim to the defendant, in certain circumstances, they are when defendant shifted to other place, plaintiff doesn’t know the shifted residence [or] posted statement of claim get returned back. Then plaintiff request the court to make a substantial service. Then court permits to give the statement of claim to defendant in some other way. Sometimes, court did not give the permission for substantial service for small claim divisions, then the plaintiff has to explain, why he/she unable to serve the statement of claim to defendant and also what steps that he had taken to locate or find out the defendant.

STEP-4   CONFORMATION OF THE DATE OF SERVICE

If your statement of claim is posted by court you can call the court to know whether, it is posted [or] not if it is posted, then the date can be known by court.

STEP-5  GET AFFIDAVICT OF SERVICE FORM [FORM 41]

  • Plaintiff need one form.
  • Plaintiff get a copy from uniform civil code [or] local court.

Plaintiff can file form 41 through NSW online when, plaintiff arranged someone like process server, they will give a completed form 41 to you. Whether, you paid to local court to post, the statement of claim to defendant, then it is not required.

STEP-6  IF YOU SERVED THE STATEMENT OF CLAIM, YOU  MUST HAVE TO FILL THE AFFIDAVIT OF SERVICE FORM

The person who served the statement of claim has to be fill out the form 41 and sign it in front of justice [or] solicitor. The form 41 [affidavit of service form] describes when  and how the statement of claim was served to defendant. It is an evidence for court that the statement of claim was served.

STEP-7   WAIT FOR 28 DAYS

After serving the statement of claim you must wait until 28 days.

  1. The defendant has to clear the debt
  2. File the statement of defence
  3. Request the court that he wants to pay in Installments
  4. Do nothing

Whether, the defendant has to file a statement of defence, then he/she must has to file within 28 days of statement of claim served. Whether there is no response from the court [or] from defendant after passing 28 days then you may apply to the court for judgement. This is known as ‘default judgement’. Section 23 under arbitration act 1940 [statement of claim and defence] with in the period of time, the parties may agree[or] tribunal. It governs the submission of statement of defence by defendant and statement of claim by plaintiff and it provides equal opportunity to argue their arguments in respective case before the court [or] whether, amendments[or] supplements are there in the statements has to be modified, during the proceedings of the case.

REFERENCES

https://www.advocatekhoj.com/library/bareacts/arbitration/23.php?Title=Arbitration%20Act,%201940&STitle=Statements%20of%20Claim%20And%20Defence

https://www.mondaq.com/india/court-procedure/783968/amendments-to-statement-of-claim-in-arbitral-proceedings

https://www.cambridge.org/core/books/uncitral-model-law-on-international-commercial-arbitration/statements-of-claim-and-defence/526218255A5E05397DCE55859092E370

https://www.courts.qld.gov.au/going-to-court/money-disputes/claim-and-statement-of-claim

https://www.lawaccess.nsw.gov.au/Pages/representing/Local_courts_small_claims/chased_for_money/Responding_to_soc/Responding_to_soc.aspx

Aishwarya Says:

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