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There are certain situations when only the government is able to defend one’s violated human rights, such as when a low-quality product has been purchased, a former spouse hasn't been paid child support for years, a supplier has violated the delivery deadline, or the tax agency has issued a baseless demand. There is a great abundance of such situations that arise in practice.

That begs the question: “Should one seek legal assistance if one finds oneself needing to go to court?” After all, there are all kinds of samples of lawsuits, complaints, petitions, as well as action plans for various situations floating around the depths of the Internet.

Of course, you can take the advice that you find on the Internet and prepare a lawsuit on your own. The lawsuit will end up being full of holes and it will definitely be evident that it wasn't a lawyer that wrote it up. On top of that, the procedure will take substantially longer, since there is a plethora of intricacies that exist that only a legal professional is aware of.

What court does one address? The court based on the plaintiff’s place of residence, based on the location of the property? Or can one file a lawsuit where one resides?

Within the framework of which laws will the lawsuit be heard? Civil, administrative, or commercial laws? For instance, not all court cases involving entrepreneurs are examined in a commercial court, just as not all cases to be resolved between individuals require examination in a general jurisdiction court.

Which level of court does one need to file their documents with: a magistrate, a district court, or a court on the level of the particular subject of the Russian Federation?

What will the cost of the lawsuit be and how much is the government fee? May the plaintiff (or filer) be exempt from paying it?

These, along with a multitude of other questions, must be resolved before the lawsuit is even prepared. In the case that there have been errors made, the court has the right to return the lawsuit, refuse to accept the lawsuit (note that these are two different reactions to the lawsuit from the court), or leave it without action.

In our view, anything more complex that filing for a divorce submitted to a magistrate (not involving division of property or child custody disputes) should be handled by a lawyer specializing in the corresponding field. Furthermore, only a lawyer will be able to tell you whether the case has any prospects, whether the period of limitation has elapsed, what evidence needs to be collected, what arguments to deliver, as well as what jurisdiction and competence the case applies to. Thus, seeking professional legal assistance is an absolute necessity (as when turning to a doctor after taking ill).

Questions for a lawyer

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