The defendant is a sole trader. How to choose a court to file a claim

You can sue an individual entrepreneur, as well as any other business entity, by filing a statement of claim, in the manner prescribed by the rules of procedural legislation. The consideration of cases in which the defendant is an individual entrepreneur is within the competence of the Arbitration Courts.

Doing business is associated with certain risks, which, as practice shows, are not always justified. Cases of failures, as a result of which debts may arise, both to legal entities and to individuals, are quite common. As a rule, the parties prefer to resolve the problem peacefully, but in some cases it is impossible to agree on compensation for damage without the involvement of third parties. Under such circumstances, the only way to achieve coverage of losses is through the courts.

The article provides information on which court to file for an individual entrepreneur and how to file a claim. In addition, you will be able to familiarize yourself with some legislative acts regulating the procedure for considering cases in which one of the parties is an individual entrepreneur.

Reasons for litigation

Filing a statement of claim is an extreme measure, the use of which is resorted to mainly in cases where it is impossible to agree amicably. Often, filing a claim is preceded by filing a lawsuit.

It should be noted that this stage is not mandatory, so the injured party can immediately apply to the court to protect their violated rights, without resorting to claiming damages in a claim procedure.

Note! The right to judicial protection is guaranteed by the current legislation.

According to the procedural norms, the appeal to the court is carried out by filing a claim. One of the main conditions for accepting an application for consideration is its compliance with legislative requirements. So, according to the prescriptions of regulatory legal acts, the statement of claim must necessarily contain the reason for the appeal and its justification.

There can be a lot of reasons for litigation, as a rule, these are the actions of an individual entrepreneur, the commission of which entailed the infliction of losses to another person. The damage caused by an individual entrepreneur is predominantly of a material nature.

Judicial practice shows that most often the reason for going to court is the commission by the entrepreneur of actions that violate the rights of consumers. The list of consumer rights is established by the relevant regulatory legal acts.

According to statistics, a large number of violations are associated with the following actions:

• the provision by the entrepreneur of services that do not meet the originally stated requirements;
• sale of goods of inadequate quality;
• incorrect settlement operations, which caused financial losses for the consumer;
• non-compliance with the rules of warranty service. As a rule, this applies to cases when the entrepreneur refuses to repair or replace the goods sold by him, despite the fact that the warranty period has not yet expired.

Non-Compliance with Personal Data Protection Legislation

Violation of the laws governing the storage and transfer of personal data may also result in legal proceedings. So, the basis for opening proceedings on the case may be:

1. use of illegal methods and techniques in order to obtain personal data about business partners and contractors;
2. misuse of personal data of other persons, which means their use to perform tasks not provided for by agreements;
3. dissemination of information about counterparties without their consent to perform these actions;
4. storage of information about partners in an inappropriate way, which led to the leakage of personal data.

In the event that signs of the above offenses are revealed, the injured party has the right to demand the termination of illegal actions, if possible, and apply to the court to bring the perpetrator to justice. Admissible means of proof must be used to confirm the facts of non-compliance with the law. If there is insufficient evidence or the plaintiff's claims are unfounded, the court may dismiss the claim.

Health Violations

Often the reasons for going to court are the actions of entrepreneurs regarding violations of norms and standards established in the field of health.

The list of such offenses includes:

• sale and distribution of goods that do not meet approved standards. As a rule, this applies to products with a high level of toxicity;
• provision of services, in particular cosmetic, in violation of the sanitary rules established by the competent authorities. The applicant for a claim of this kind can be both a consumer whose rights are violated, and a regulatory authority that has identified a deviation from the norms during the audit;
• sale of alcoholic beverages and cigarettes to persons under 18 years of age. Failure to comply with the established rule can cause not only the imposition of a fine, but also the deprivation of a license, therefore it is better to refuse to sell prohibited goods to minors;
• employment of persons who do not have a sanitary book. This applies to the category of employees who must undergo a mandatory medical examination. According to the law, the employer does not have the right to allow employees who do not have a medical book to perform their duties.

Note! These violations are especially dangerous because they can lead to a deterioration in the health of others.

Offenses in the field of labor law

The jurisdiction of this industry includes the following offenses:

• failure to provide persons working on the basis of an employment contract with vacations, non-payment of sick leave, violation of the terms for transferring wages, as well as other payments (vacation, bonuses);
• payment of wages in an amount that does not comply with the labor agreement;
• non-compliance with the rules and procedures for registering employees, employment of employees in violation of the norms provided for by the Labor Code of the Russian Federation;
• non-compliance of the workplace offered by the employer with established norms and standards, refusal of the employer to improve working conditions;
• unlawful or unjustified dismissal of an employee.

Note! In case of unlawful dismissal of an employee, the guilty person, in this case, the individual entrepreneur, is subject to punishment, and the injured party to reinstatement in the workplace.

Violation of banking legislation

Violation of banking legislation refers to actions primarily related to the implementation of credit legal relations.

These include:

• non-fulfillment or improper fulfillment by an individual entrepreneur of the terms of the loan agreement;
• incorrect use of the IP settlement account, violation of the rules established by banking institutions in this industry;
• providing false information in order to obtain a loan on more favorable terms. This category also includes cases of falsification of documents for submission to the credit branch of the bank.

The presented list is not exhaustive, there are many other actions, the commission of which may be declared illegal by the court.

According to the rules of jurisdiction, the consideration of cases in which the defendant is an individual entrepreneur falls within the competence of the Arbitration Courts.

The application is submitted:

1. at the place of registration of IP;
2. at the place of business.

By prior agreement of the parties, if such a clause is established by the contract, the consideration of disputes may be carried out not in the Arbitration, but in another court. Thus, agreements regulating the procedure for the supply of products, as a rule, contain instructions regarding the court to which the parties must apply in the cases provided for by the contract.

Rules and procedure for filing a claim

The statement of claim must comply with the procedural rules, otherwise the court has every right to refuse to accept it. To prepare a claim, it is better to seek the help of a specialist, an experienced lawyer will not only help with the preparation of the document, but will also develop an optimal strategy for resolving the issue.

In accordance with the law, the application must contain:

• the name of the court in which the claim is filed;
• information about the plaintiff and defendant. It is necessary to indicate the place of registration of the IP, and the region in which it operates;
• reasons for going to court and requirements with mandatory legal justification;
• attachments (documents relevant to the case);
• Applicant's signature and date of filing.

Today it is possible to apply online. This can be done using the online service "My Arbiter". It should be noted that a complaint filed electronically must be drawn up in accordance with the same requirements as a regular application.

The problem of determining the jurisdiction of an individual entrepreneur

Definition 1

The set of signs by which the court considering the case in the first instance can be determined is called jurisdiction.

An individual entrepreneur (IE), being an individual, enters into various legal relations with other entities, including legal entities.

Definition 2

Cases, one of the parties to which is an individual entrepreneur, may be within the jurisdiction of both an arbitration court and a court of general jurisdiction.

In accordance with the general rule, the arbitration court considers cases related to the economic and commercial activities of entrepreneurs.

To determine which court will consider the case of an individual entrepreneur, it is important not only the legal status of the individual entrepreneur, but also the nature of the legal relationship into which he enters. For example, an individual entrepreneur takes out a loan for personal needs. He acts as an individual. If a dispute arises, it will be considered in a court of general jurisdiction. If an individual entrepreneur takes a loan for commercial purposes, then the proceedings are within the jurisdiction of the arbitration court.

The jurisdiction of an individual entrepreneur refers to the arbitration court in resolving disputes related to commercial activities. If the case under consideration is not related to the economic activities of the individual entrepreneur, it is within the jurisdiction of a court of general jurisdiction.

Remark 2

If a citizen is engaged in entrepreneurial activity, but is not registered as an individual entrepreneur, then the case is under the jurisdiction of a court of general jurisdiction.

Definition of territorial jurisdiction

Definition 3

The spatial competence of courts of the same level is called territorial jurisdiction.

After it is determined which court - arbitration or general jurisdiction, has jurisdiction over the case of an individual entrepreneur, it is necessary to determine the territorial jurisdiction of the case.

Options for determining the territorial jurisdiction of an individual entrepreneur:

• an individual entrepreneur is a plaintiff - when an individual entrepreneur submits a statement of claim, territorial jurisdiction is determined in accordance with the rules of Article 117 of the Code of Civil Procedure of the Russian Federation, namely at the place of actual residence of the defendant;
• an individual entrepreneur is a defendant - territorial jurisdiction is determined by the place of his state registration, as an individual entrepreneur, and not by the place of residence, as an individual;
• the jurisdiction of an individual entrepreneur on a claim arising from an agreement is determined, which indicates the specific place of its execution - the case may be territorially within the jurisdiction of the arbitration court at the place of execution of the agreement;
• the lawsuit is brought against two individual entrepreneurs who are registered in different regions - the lawsuit may be territorially cognizable by the arbitration court at the place of registration of one of the defendants.

Remark 3

The distinction between the concepts of place of stay and place of residence of the defendant is important. The temporary location of a citizen is the place of stay. The area where a person is constantly, or spends most of the time, is called the place of residence.

Thus, when determining the territorial jurisdiction of an individual entrepreneur, the principle of interest applies: a claim is filed by a person in a court that is territorially within the jurisdiction of the defendant. Before filing a claim against an individual entrepreneur, it is necessary to clarify which tax office he is registered with.

The court ordered the defendant to return a large amount to the plaintiff, he is an individual entrepreneur, but he does not pay what to do.

Hello! Bailiffs must take steps to enforce the court's decision. Was the writ of execution given to them? If they are inactive, complain about them to the prosecutor's office.

Lyubov Vasilievna, hello!

1. The plaintiff (collector) should study well in this case the Federal Law of the Russian Federation No. 229-FZ "On Enforcement Proceedings", the Civil Code of the Russian Federation, the Family Code of the Russian Federation and then through the bailiff with knowledge of their rights, as well as rights and obligations the debtor and the bailiff-executor stubbornly, consistently carry out all possible and necessary work with this not simple, but most likely a cunning debtor.

2. You can contact a specific lawyer, you can also on this site, tell him all the necessary information on this issue and about the debtor, on the basis of which he will, by agreement, provide you with legal advice from "A to Z" with links to the articles of the above regulations, what do you and how can you do and do in order to get at least something from this debtor.

So the choice is yours. And under "a lying stone and water does not flow."

Knowing your rights and obligations is good, but it is better to be able to use them in practice to your advantage, and not vice versa.

This is where a specific lawyer can help to understand on the basis of complete information on a legal issue or on an existing problem.

Good luck to you.

If it is difficult for you to formulate a question, call the free multi-channel phone 8 800 505-91-11 a lawyer will help you

How to be the defendant if the plaintiff died, before the preliminary hearing in the arbitration court.

Wait for the establishment of succession, which will establish the court accordingly!

Elite!
Article 150 of the Arbitration Procedure Code of the Russian Federation. Grounds for terminating the proceedings
1. The arbitration court terminates the proceedings in the case of:

6) after the death of a citizen who is a party to the case, the disputed legal relationship does not allow succession;

Jurisdiction is considered to be a certain set of criminal signs, according to which the court authorized to consider a criminal case in the first instance is determined. Jurisdiction as its main task puts the distribution of cases between different courts, depending on the competence of the latter and some characteristics of the case itself. This distribution also takes place according to the principle of the civil law status of the defendant and the plaintiff, the territorial affiliation of the parties to the dispute.

Jurisdiction is considered to be the division between the consideration of cases between the Constitutional Court, arbitration courts, as well as courts of general jurisdiction. Each of them, in considering cases, is guided solely by their powers and competence, determined by the current legislation, therefore they are not entitled to consider cases that fall within the competence of another court.

The jurisdiction of an individual entrepreneur raises many questions when resolving economic disputes and other business entities. Their occurrence is inevitable, since the purpose of the IP is to make a profit through the sale of goods and the provision of services. And when performing homogeneous activities by various business entities, the rights and interests of one of the parties are often infringed. To resolve these disputes in a civilized and legal way, entrepreneurs have the opportunity to apply to the court. This is where the question arises before the IP, in which court to file a claim.

At this stage, it becomes necessary to deal with the issue of jurisdiction. The jurisdiction of the courts is fixed at the legislative level. State executive authorities consider emerging disputes involving individual entrepreneurs often out of court. For this, the State Tax Authorities may be involved if the case is being considered for tax violations, confirmed by indisputable facts.

Further, entrepreneurs, as a rule, raise the question of territorial jurisdiction. The jurisdiction of an individual entrepreneur when filing a statement of claim in accordance with the established procedure in a particular court is defined in Article 117 of the Code of Civil Procedure. Guided by the norms of the above article, a claim may be filed with the court, which is located at the place of actual residence of the defendant. At the same time, filing a claim against a legal entity (enterprise, organization) can be carried out at the place of territorial belonging of the defendant's legal address or property belonging to him. Thus, the principle of interest is clearly outlined, namely: the person filing the claim carries out this procedure in a court that is territorially within the jurisdiction of the defendant.

Regarding the filing of an application at the place of residence of the defendant, it is necessary to distinguish between the concepts of places of stay and residence. Place of residence is a place where a citizen is temporarily. The place of residence is considered to be the place where an individual lives permanently or most of the time. The place of residence of minors is the place of residence of their parents or legal guardians. It is important to remember that under the current Constitution, any person has the right to move freely and choose a place of residence.

When filing a claim in accordance with the procedure established by law, it is extremely important to indicate the actual place of residence of the defendant, but it can be quite difficult to establish the latter. In addition, the courts are not engaged in the exact establishment of the address of the defendant, with the exception of certain cases provided for by law. If the residence of the defendant has not been established, the claim is filed in the court that is territorially located in the place of the last known residence.

Thus, the jurisdiction of an individual entrepreneur refers to the Arbitration Courts in terms of resolving disputes related to commercial activities. Disputes between individuals registered in the status of individual entrepreneurs and other business entities are considered exclusively in courts of general jurisdiction only when these disputes do not affect economic activity.