How to file a claim with the court and what to include

When a debtor fails to pay, a tenancy dispute remains unresolved, or a contractual counterparty denies their obligation, going to court may seem like the only option. The question of how to file a claim with a court does not, however, reduce to filling in a single form. The claim must reach the correct court, contain a clear demand, and be supported by evidence that substantiates your case.

Court proceedings take time and entail costs and risks. It is therefore worth assessing, before filing an application, what it is realistic to claim, whether the claim is still timely, and whether the dispute could be resolved through negotiation or a written demand. A well-prepared claim helps avoid a situation where the court leaves the application unprocessed due to deficiencies or the claim remains unproven.

Before filing a claim, clarify your objective

The purpose of a claim must be specific. In the case of a monetary claim, this may be, for example, an unpaid invoice, repayment of a loan, a penalty for late payment, or compensation for damages. In property and tenancy matters, the dispute may concern vacation of residential premises, payment of rent, or return of a security deposit. In family matters, the court may resolve questions of maintenance, contact with a child, or division of property.

It is important to distinguish between what you consider unjust and what can legally be claimed from the court. For example, merely unpleasant communication does not always provide grounds for claiming monetary compensation. At the same time, a breach of contract, an invoice unpaid by its due date, or property used without agreement may give rise to a clear basis for a claim.

Before going to court, send the opposing party a reasoned letter of demand where possible. Briefly describe what you are claiming, on what basis the claim rests, and by what deadline you expect performance. This may lead to a settlement and will later demonstrate to the court that you made a reasonable attempt to resolve the dispute. A letter of demand is not mandatory in all matters, but in practice it is often a necessary step.

At the same time, check the limitation period. The deadline for bringing a claim depends on the legal relationship and may differ for contractual claims, claims for damages, family matters, and other disputes. If the limitation period has expired, the opposing party may invoke limitation and the claim will be dismissed even if they were substantively under an obligation.

How to file a claim with a court: the correct court and the form of the application

Most civil disputes begin in a county court. As a general rule, a claim is filed with the court having jurisdiction at the defendant's place of residence or registered seat. There are exceptions to this rule. For example, disputes relating to immovable property, consumer disputes, maintenance claims, or matters connected to the place of performance of a contract may be subject to different rules of jurisdiction.

Choosing the wrong court does not always mean that your matter will remain unresolved, but it may prolong the proceedings. If the dispute concerns a decision or action of a state authority or local government, it may not be a civil action in a county court but rather an administrative matter. If the objective is to recover a clearly specified and undisputed sum of money, a payment order expedited procedure may be appropriate in some cases. This is not, however, a good choice when a substantive dispute over the claim is to be expected.

A statement of claim is normally filed electronically through the court information system. Where necessary, an application may also be filed in another manner permitted by law, but electronic filing simplifies the tracking of documents and the receipt of court notifications. In the case of a company, particular care must be taken to verify who has the right to represent the legal entity in the proceedings.

A statement of claim must clearly set out at least the following:

• the court to which the application is addressed;
• the details and contact information of the claimant and the defendant;
• the precise claim, i.e. what you are requesting from the court;
• the facts on which the claim is based;
• the evidence and a reference to what each piece of evidence substantiates;
• the value of the claim if it is capable of monetary assessment, and a request for reimbursement of procedural costs.

The formulation of the claim is one of the most important parts of the application. If you wish to have EUR 2,500 together with a late-payment penalty awarded against the defendant, this must be clearly stated in the claim. If you wish to have a contract terminated, an item handed over, or an act performed, the desired outcome must be described as precisely as possible. The court generally cannot grant more than, or anything other than, what you have requested.

The facts, legal reasoning, and evidence must form a coherent whole

A claim does not need to be written in complex legal language. It must, however, make it logically clear what happened, when it happened, which obligation was left unfulfilled, and why, in your assessment, the opposing party is liable. The clearest approach is to present events in chronologically ordered paragraphs.

For example, in a dispute over an unpaid invoice, describe the conclusion of the contract, the delivery of the work or goods, the date of invoicing, the payment deadline, any reminders sent, and the sum remaining unpaid. In a tenancy dispute, the decisive elements may be the lease agreement, the handover report, the payment history, correspondence, and photographs. In a property division dispute, it is often necessary to gather documents concerning the acquisition, financing, and ownership of the property.

Evidence is not simply a file attached to an application. It should be clear for each document what assertion it substantiates. A copy of a contract proves the agreement, a bank statement proves a payment or its absence, emails may demonstrate a deadline, and a witness may attest to a fact they personally saw or heard. Do not leave the gathering of evidence as the last step. A key document may be lost, access to an account may expire, or a witness's recollection may fade over time.

If the opposing party presents a different version of events, the court will not decide the matter on the basis of who speaks more convincingly. Decisive weight is often given to written agreements, chronologically verifiable messages, payment records, and other reliable evidence. It is therefore not prudent to file a claim based merely on the assumption that "everything will become clear in court."

Account for the state fee, legal costs, and procedural risk

Filing a claim requires payment of a state fee in many matters. The amount depends on the type and value of the claim. For some claims the fee is fixed, while for others it is calculated on the basis of the amount claimed. If your financial circumstances do not allow you to cover the costs, you may, under certain conditions, apply for legal aid.

In addition to the state fee, costs may arise for legal assistance, an expert, an interpreter, a witness, and other procedural steps. As a general rule, the losing party bears the justified procedural costs, but the actual allocation of costs depends on the outcome of the matter and the extent to which the claim is satisfied. If you claim EUR 10,000 but the court awards only a small portion, this may also affect the reimbursement of costs.

Recourse to the courts is justified when the legal basis and evidence for the claim are sufficient and enforcement against the opposing party is realistic. A winning judgment does not automatically mean that the money will reach your account the next day. If the defendant does not comply voluntarily, the next step may be enforcement proceedings before a bailiff. It is therefore worth assessing the defendant's solvency and the existence of assets before filing a claim.

What happens after a claim is filed?

The court will first check whether the statement of claim meets the requirements. If there are deficiencies, the court may set a deadline for rectifying them, for example by requesting that the claim be clarified, that confirmation of payment of the state fee be added, or that evidence be submitted in a more legible format. Compliance with the deadline is important — if no response is given, the application may not be accepted for processing or may be returned.

If the court accepts the claim for proceedings, it is served on the defendant for a response. The defendant may acknowledge the claim, contest it, submit their own evidence, or file a counterclaim. In some matters the dispute is resolved on the basis of documents; in others, a hearing is held. In the course of the proceedings, the court may direct the parties towards a settlement, as an agreement often produces a faster and more readily controllable outcome than a dispute lasting several years.

Questions from the court and assertions made by the opposing party must be responded to substantively and within the set deadline. Submitting new facts and evidence too late may delay the proceedings or mean that the court does not take them into account. If the dispute concerns a larger sum, a complex contract, jointly owned property, an estate, or real property, an early legal assessment helps to avoid costly mistakes.

Going to court does not have to begin with a completed statement of claim. A sensible starting point is to gather documents, record events in chronological order, and have your prospects reviewed. Eurocity Law Office will listen to your situation, explain the options in plain terms, and help you decide whether the next practical step is a letter of demand, a settlement, or a well-founded claim before the court.