Claim work

Author:

Tolstikova Daria Konstantinovna

It is no secret that the terms of concluded agreements are not always fulfilled by counterparties. The first step of the injured party is a claim: failure to fulfill the contract is the basis for reimbursement of expenses incurred, and sometimes for termination of the contract.

Dear citizens! Using online legal advice, you can find out right now in what cases a letter of demand is drawn up to the counterparty and what the role of this document is in resolving the dispute:

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Types of violations of contract terms

Contracts as a way to act on agreed upon agreements are concluded between customers and performers, sellers and buyers, commercial and government agencies. Failure of one of the parties to fulfill its contractual obligations gives rise to numerous conflict situations.

A violation of contractual obligations can be considered:

• failure to deliver goods or perform work/services on time;
• fulfillment of obligations not in full;
• changes in the assortment or configuration of supplies;
• performance of work, provision of services or supply of goods of inadequate quality;
• refusal to fulfill the terms of the agreement for reasons not provided for in the agreement.

Failure to comply with the points specified in the contract document is the basis for issuing a written petition with a list of requirements to the violating party.

Claim under a supply agreement

Legal entities and individual entrepreneurs who enter into a standard contract for the supply of goods must fulfill all existing obligations in a timely manner. They have specific responsibilities to a client who requires specific products, but do not always adhere to deadlines. If you encounter a problem with non-fulfillment of the agreed terms of the contract, you should make a claim under the supply contract in writing. Such an agreement is controlled by the standards of the Civil Code, but it will not be possible to use legislative acts to protect consumer rights.

A claim for the supply of products may arise from one of the parties in the event of failure to fulfill obligations. Collection of debt of a legal entity from an affiliate or directly from an organization without following the claim procedure is impossible.

ATTENTION: when drawing up a claim yourself, take into account the provisions of your contract; if questions arise, it is better to seek the help of a professional lawyer to avoid the risks of the case.

The essence and purpose of the claim against the counterparty

If oral explanations between the counterparties do not lead to a solution to the dissatisfaction of one of the parties to the contract, a written claim is drawn up - a document containing a list of the violated points and the requirements put forward in connection with this.

The purpose of such a petition usually boils down to the following points:

• damages/debt collection;
• fulfillment of agreed obligations;
• receiving discounts;
• preparation for further proceedings in courts.

Important: according to Art. 425 of the Civil Code of the Russian Federation (clause 4), the expiration of the contract is not a basis for releasing the parties from liability for complete or partial failure to fulfill its provisions.

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How to make a claim

As a document that creates legal consequences, the claim must be correctly drawn up and handed over to the counterparty in a proper manner.

The letter must clearly describe the situation and formulate the requirements in a certain way, depending on the nature of the disputed contractual relationship. In addition, provide links to legislative norms governing a specific situation. Therefore, by drawing up such a document yourself, it is not always possible to achieve what you want.

Our company’s specialists have extensive experience in drawing up claims for non-compliance with the terms of contracts of a wide variety of natures and will help you draw up a document that will convince the counterparty or become a serious argument in your favor in court:

Notice of termination of the lease agreement from the tenant

• if the document does not specify an expiration date. The Civil Code states that termination of open-ended contracts is possible only after notification. Notification of the desire to move out or vacate the premises ahead of schedule is required 3 months before the desired date;
• if the document specifies the conditions according to which it is renewed automatically without the participation of the parties;
• if one of the parties refuses to perform the actions established by the contract.

1. The name of the document is always written first, that is, “notification.” The next line is a clarification, for example, about a unilateral refusal to renew the lease agreement.
2. The introductory part (top right) contains the identification data of each party participating in the transaction. You must fill in the full name of the organization, INN, KPP, bank account number and details of the financial company, legal and actual address, and work telephone number.
3. When registering the details of the other party, it is necessary to register an address to the person who represents the organization or individual entrepreneur, for example, the “Manager”. Next, enter your full name without abbreviations and the name of the company.
4. The body of the document contains the details of the lease agreement that needs to be terminated. Information about the document number, name, time and place of execution and the parties who executed the paper is required.
5. Below is a clause in the lease agreement that gives the parties the right to terminate it ahead of time. In accordance with the clause, the reasons are prescribed, for example, violation of the obligations of one of the parties.
6. At the end of the document, the date of the desired termination of the legal relationship is indicated. The day must follow the date on which the person receives the notification.
7. At the bottom of the document, the applicant puts the date of writing and number.
8. The notification is certified by the seal and signature of the manager with a transcript. His full position is written at the end.

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Time limit for consideration and response

The time frame established for responding to a claim depends on the nature of the claims being made and the type of original contract. The Civil Code of the Russian Federation establishes the following deadlines:

• If there is a requirement to repair a defective product – 45 days.
• Replacement of the purchased product if it is found to be defective – 1 week.
• Exchange of defective goods with additional examination – 20 days.
• Replacement of a purchased item, if the seller does not currently have the same item - 1 month.
• Compensation for losses that arose due to a defect in the product – 10 days.
• Termination of the contract and refund of the cost of poor quality purchased products – 10 days.

In some cases, it may be necessary to draw up an additional agreement, which will stipulate new deadlines for performing the specified work and providing services.

Provided that the period of validity of the original contract has expired, this is not a reason for refusing to satisfy the claim if it is filed within the deadlines established by law.

The legal system stipulates that failure to fulfill obligations under a service agreement should entail certain measures, which are primarily aimed at compensating for material damage. The first step towards obtaining it is often a claim sent to the violator.

In the video you can find rules for filing a claim:

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

Our lawyer can advise you free of charge - write your question in the form below:

Why do you need to file a claim?

Preliminary actions can begin with the presentation of oral claims. If there is no reaction from the counterparty, then a written claim for failure to comply with the terms of the contract is issued. The document must be drawn up in two copies. One of them will be handed to the violating party, the other will be with the plaintiff. On the second copy, the defendant accepting the document must affix a visa with the date of acceptance and the signature of the person who accepted the document. The need for such a procedure is provided for by the fact that this claim will be attached to the judicial statement of claim as a document confirming the failure to fulfill the plaintiff’s demands.

The pre-trial resolution of the issue set out in the claim is determined by the number of demands put forward by the plaintiff and the timing of their fulfillment.

An agreement concluded for the rental of housing or a car is also violated by the tenant or the lessor, which will entail the drawing up of a letter of claim by the injured party. Execution of an agreement with the bank for the provision of services, issuance of credit funds, loans with both individuals and legal entities: OJSC, individual entrepreneur - is also subject to bilateral implementation. The following documents can be used to file a claim:

• employment contract;
• construction contract;
• contract for the supply of provider services;
• cooperation contract;
• agreement for shared participation in construction;
• contract for the sale of goods;
• all types of documents for public services, including heating, electricity, gas, water supply.

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Nuances of the claim procedure

Risks! If the mandatory pre-trial dispute resolution procedure is not followed, the court will not accept the claim and the documents will be returned to the sender. Because of this, the necessary time will be lost.

If the pre-trial procedure is not necessary, it is still advisable to send the claim. Suddenly the recipient will fulfill the demands made by the sender and the need to go to court will disappear.

If the counterparty refuses to fulfill the requirements, then interest will begin to accrue on late execution.

Recommendation! It is advisable to attach copies of documents that can confirm the sender’s requirements to the letter of claim. What if the recipient does not have them (for example, documents that indicate losses - payments and the like). Then the defendant will not declare during the trial that the plaintiff did not suffer from a breach of contract, since there is no evidence of this.

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Example of writing a letter of complaint

Filling out the header of the letter

At the top of the letter you need to indicate the sender, address, and contact phone number. Then you need to indicate the recipient: the name and specifically who the sender is addressing.

After that, the date when the letter was drawn up is indicated, and the document flow number is noted.

Filling out the main part of the claim letter

This section contains a description

1. The reason for the claim is indicated; if it is a violation of one of the clauses of the contract or another document, then you need to write a link - enter the date, document number and essence.
2. If the conversation is about money, then the instructions are in numbers and in words.
3. Next, the claim itself is formulated (each problem is a separate point), and the fulfillment of obligations within the specified period is proposed (also in numbers and words).
4. Afterwards, you should inform what actions will be taken by the sender so that the problem is resolved faster (for example, filing an application with the court).
5. The letter should be completed with a signature (with a transcript) and the position of the person who signed must be indicated.

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