The First Shot That Must Land
A complaint is not a request. It is a demand—formal, precise, backed by evidence. It initiates the process, defines the dispute, establishes the battlefield.
And like any first shot, it either lands or reveals your position.
A poorly drafted complaint will not be dismissed for weak arguments. It will be returned for formal deficiencies—before anyone reads a single sentence about why you are right. And when it finally passes through the formal sieve, it may lose because you failed to prove what seemed obvious to you.
Form and substance. Both must be flawless.
Formalities: The Sieve You Must Pass Through
Before the court considers whether your claim is justified, it will check whether your complaint meets formal requirements. This is not bureaucracy for its own sake—it is the mechanism that allows courts to process thousands of cases.
But for you, it is a trap. One formal deficiency—and the filing comes back. Seven days to cure. Fail to do so, or cure it improperly—the complaint is treated as if it never existed.
And in that time, the statute of limitations may expire.
Anatomy of a Complaint
Designation of the court. Which court has jurisdiction? Subject matter—district or regional court (the threshold is typically a set monetary value). Territorial—defendant’s domicile, place of contract performance, location of the event? An error in jurisdiction is not fatal—the court will transfer the case—but it costs time.
The parties. Complete information on plaintiff and defendant. Name or company, address, tax identification or registration numbers. Don’t know the defendant’s address? That is your problem, not the court’s. Civil litigation is adversarial—the court will not search for you.
Amount in controversy. How much are you claiming? This determines jurisdiction and the filing fee. The calculation rules are more complicated than they appear. Periodic claims are calculated differently than one-time claims. Non-monetary claims require valuation.
The demand. Precise, unambiguous. “The plaintiff requests judgment against the defendant in the amount of $150,000, together with statutory interest for delay from March 1, 2024, until the date of payment.” Not “approximately,” not “at least,” not “an appropriate sum.” Specifics.
Date of maturity. When did the claim become due? This determines when interest begins to run and when the limitation period starts.
Facts. What happened? Chronologically, factually, without emotion. The facts that justify the claim—and only those.
Evidence. For each fact—proof. Document, witness, expert, inspection. Each piece of evidence with a proposition: what it is meant to prove. In commercial proceedings—all evidence now. Later may be too late.
Attempt at amicable resolution. Did you send a demand letter? Did you propose mediation? The court wants to know.
Filing fee. Calculated according to the applicable fee schedule, paid before filing. Proof of payment in the exhibits. No fee = formal deficiency.
Copies. A copy of the complaint for each defendant. Complete, with attachments. Missing copies = formal deficiency.
Signature. Handwritten or qualified electronic. Missing = formal deficiency.
Preclusion: Everything or Nothing
In commercial litigation, a principle applies that changes everything: evidentiary preclusion.
All assertions and evidence must be presented in the complaint. What you omit, you may lose the right to introduce later. The court will reject an evidentiary motion filed after the deadline—unless you demonstrate that you could not have submitted it earlier.
This means you draft a commercial complaint as if it were your only filing. Because in evidentiary terms—it often is.
Obvious Things That Are Not Obvious
A common error: you assume the court knows what you know.
You signed a contract—of course. But do you have it in writing? Did you attach it to the complaint? Did you indicate which provision governs your claim?
You issued an invoice—of course. But do you have proof of delivery? Has the payment deadline passed? Can you prove it?
You performed the service—of course. But do you have an acceptance protocol? Do you have a witness? Do you have anything beyond your own conviction?
The court will not take your assertions on faith. It will accept as proven only what you prove—or what the defendant fails to contest. Everything else is your word against theirs.
Obstacles That End the Case
Before the court evaluates your claim, it checks whether it can do so at all:
Justiciability. Is this a matter for a civil court? Perhaps it belongs in administrative court, arbitration, another body?
Lis pendens. Is the same case between the same parties already pending? If so—the complaint will be dismissed.
Res judicata. Was the same case already decided with final effect? If so—it cannot be adjudicated again.
Capacity to sue and be sued. Can the parties be parties to litigation? Are they properly represented?
Each of these obstacles ends the case—not in favor of the plaintiff, not in favor of the defendant, but by dismissal of the complaint. As if the litigation never happened.
Summary Proceedings: The Fast Track
If you have the right evidence, you can request expedited proceedings:
- a promissory note or check,
- a contract, proof of invoice delivery, and proof of performance of your reciprocal obligation,
- a demand letter and written acknowledgment of the debt.
A payment order is issued without a hearing, without hearing the defendant. If the defendant fails to file an objection in time—the order becomes final. Fast, inexpensive, effective.
But the requirements are precise. One gap—and the court refers the case to ordinary proceedings. Months instead of weeks.
What Happens When Form Fails
Formal deficiency → notice to cure within seven days → failure to cure or improper cure → return of the complaint.
Return of the complaint means: the complaint produces no legal effects. As if you never filed it.
And if the statute of limitations expired in the meantime? Your claim is extinguished. Not because you were wrong. Because you forgot an attachment.
What We Do
We analyze the case. Before we draft the complaint, we understand the claim. What legal basis, what evidence, what risks.
We select the procedure. Ordinary, summary, expedited, commercial? Each has its own requirements and its own dynamics.
We construct the complaint. Form flawless, substance persuasive. Demand precise, facts organized, evidence complete.
We file and monitor. Fee, copies, deadlines. Every detail that could kill the case is under control.
We continue from there. A complaint is the beginning, not the end. The defendant’s answer, reply, evidence, hearing, judgment. We are present at every stage.
Final Thought
Blaise Pascal once wrote: “I apologize for the long letter—I did not have time to write a short one.” A good complaint is like a short letter: precise, focused, stripped of unnecessary words.
Every sentence has a purpose. Every piece of evidence has a proposition. Every formal element is in place.
This requires time, knowledge, and discipline. But the alternative—a complaint returned, a claim time-barred, a case lost before it began—is worse.
You have a claim. You have the right to pursue it. Do it properly.