Given that this is a summary oral matter, the statement of claim is brief; as it is only necessary to identify the parties and to clearly and precisely establish the remedy required. As regards the identification of the parties, the claimant may sue either the debtor directly or whatever third party retaining the property, if there is such and the creditor is aware of their identity. The only remedy that can be pleaded, as we have indicated, is the repossession of the goods that were the subject of the legal relationship within the scope of this procedural application.
The claim is made before the Court of First Instance where the defendant is domiciled. If the defendant is in business or a professional and the proceedings are related to this activity, then the claim can also be brought before the Court of First Instance of the place where this activity is conducted; and if the business is spread among various establishments at several locations, then in any of them, at the choice of the claimant. The statement of claim, regardless of the amount involved, must be signed a lawyer and submitted through a solicitor, because it amounts to an oral proceedings by reason of the subject matter.
Likewise, and in accordance with the general rules, the statement of claim must be accompanied with written proof that the relevant filing fee has been paid together with all the necessary documentation on which the claimant bases his right of action and the evidence on which he intends to rely.
The CPA requires that for admission of the lawsuit the claimant must demonstrate that he furnished the debtor with a letter requiring payment or return of the goods and that the debtor has failed to comply with this. If the proceedings refer to a hire purchase contract for personal property, then the claimant must provide, in addition, certification of registration of the property under the HPPPAct. Without these documents, the application will not be admitted.