Statement of claim for debt collection under a service agreement
In __________________________ [name of the arbitration court to which the application is submitted]
Plaintiff: __________________________ [name of the Plaintiff, OGRN, INN, location, telephone, e-mail and other details]
Respondent: __________________________ [name of the Customer, OGRN, INN, location, telephone, e-mail and other details]
Amount of claim: _____________ rubles
State duty: _____________ rubles
Statement of claim for debt collection under a service agreement
_____________ [date of conclusion of the agreement] between _____________ [name of the Plaintiff] and _____________ [name of the Defendant] an agreement was concluded for the provision of paid services _____________ [agreement number and its name] (hereinafter referred to as the Agreement) for the provision of services _____________ [name of services].
The Plaintiff, under the contract, provided services in full to the Defendant _____________ [name of services] in the amount of: _____________ [amount].
The defendant did not properly fulfill the obligation to pay for the services provided under the contract.
The fact of provision of services is confirmed by the following documents:
_____________ [supporting documents].
In accordance with Articles 309 and 310 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), obligations must be fulfilled properly; unilateral refusal to fulfill obligations is not allowed, except in cases provided for by law.
In accordance with paragraph 1 of Art. 779 of the Civil Code of the Russian Federation, under a contract for the provision of paid services, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
In accordance with paragraph 1 of Art. 781 of the Civil Code of the Russian Federation, the customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services.
According to _____________ [clause of the agreement establishing the procedure and terms of payment].
Thus, at the time of filing the claim with the arbitration court, the Defendant has an unfulfilled obligation to the Plaintiff to pay for services rendered _____________ [amount of debt].
A penalty (fine, penalty) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of an obligation, in particular, delay in fulfillment (Articles 330, 331 of the Civil Code of the Russian Federation).
According to _____________ [indicate the number and contents of the clause of the agreement establishing the penalty].
The calculation of the penalty under the contract is made in the appendix to this statement of claim. According to the calculation, the penalty will be _____________ [the amount of the penalty].
Ref. by letter No. ___ dated _____________ [number and date of claim] the Plaintiff sent a claim to the Defendant. In response to the claim, the Respondent _____________ [indicate the Respondent's actions after receiving the claim].
Based on the above and guided by Art. Art. 309, 310, 314, 330, 331, 779, 781 Civil Code of the Russian Federation, clause 1 of Art. 171 Arbitration Procedure Code of the Russian Federation,
I ask the court:
- To recover from the Defendant in favor of the Plaintiff the amount of: _____________ [amount of debt], the principal debt under the contract _____________ [date, contract number and its name].
- To recover from the Defendant in favor of the Plaintiff an amount in the amount of: _____________ [amount of penalty] penalty under the contract.
- To recover from the Defendant in favor of the Plaintiff legal costs for payment of the state duty in the amount of: _____________ [amount of the state duty].
Application
- Power of attorney _____________ [insert number and date];
- A document confirming payment of the state duty;
- A copy of the certificate of state registration of the Plaintiff as a legal entity;
- Extract from the Unified State Register of Legal Entities for the Plaintiff;
- Extract from the Unified State Register of Legal Entities for the Defendant;
- Documents confirming the sending to the Defendant a copy of the statement of claim and the documents attached to it, which the Defendant does not have;
- Documents confirming the Claimant’s compliance with the claim procedure;
- Act of reconciliation of mutual settlements (calculation of the principal debt under the claim);
- Calculation of penalties under a service agreement;
- Documents confirming the circumstances on which the Plaintiff bases his claims under the contract.
Representative by power of attorney _____________ [signature, transcript of signature]
statement of claim for debt collection under a service agreement Download a completed sample claim for debt collection under a service agreement
Source: https://yuristica.ru/iskovye-zayavleniya/o-vzyskanii-zadolzhennosti-po-dogovoru-okazanija-uslug
Statement of claim for debt collection under a service agreement
Before filing a claim with the arbitration court, you must pay a state fee, the amount of which directly depends on the size of the claim (Article 333.19 of the Tax Code of the Russian Federation).
Here is a sample statement of claim for the collection of debt for services rendered to the arbitration court.
To the Arbitration Court of the Chelyabinsk Region
454091, Chelyabinsk, Vorovskogo st., 2
Plaintiff: Buttercup LLC
Address: 454083, Chelyabinsk, st. Mishina, 56 INN 7453008100 KPP 745301001 account number 40702810200000000003 in the bank JSCB "Reserve" account number 30101810600000000957 BIC 044525957
Tel.: 8 (351) 8325685 e-mail: [email protected]
Defendant: Tsvetochek LLC
454017, Chelyabinsk, st. Stalevarov, 87 INN 7447003200 KPP 744701001 account number 40702810200000000003 in the bank JSCB "Reserve" account number 30101810600000000957 BIC 044525957
Tel.: 8 (351) 4523681 e-mail
The price of the claim is 630,378 rubles 08 kopecks
STATEMENT OF CLAIM
on collection of debt under an agreement for the provision of security services and interest for the use of other people's funds
On February 02, 2021, a contract was concluded between Buttercup LLC and Tsvetochek LLC for the provision of security services No. 5/12 of non-residential premises with a total area of 245 sq. m, located on the 1st floor of the building located at the address: 454017, Chelyabinsk, st. Paveletskaya, 19, building 31, owned by the plaintiff.
According to the conditions of clause 2.
5 of the contract, the performer (Lutik LLC) undertakes, on the instructions of the customer (Tsvetochek LLC), to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services. The amount and terms of payment for the provision of services for the protection of non-residential premises are determined in clauses 3.1 and 3.2 of the service agreement dated February 2, 2021 No. 5/12.
According to paragraph 1 of Art. 781 of the Civil Code of the Russian Federation, the customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services. In accordance with Art.
309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with customs or other usually imposed requirements.
In violation of the terms of the concluded agreement, the defendant did not fulfill its obligations to make payments for the security services provided for the period from February 2 to July 6, 2021. The plaintiff did not receive a response to the claim sent to the defendant on May 4, 2021. At the time of filing the claim, the overdue payment for services is 600,000 (Six hundred thousand) rubles.
Clause 1 of Art. 395 of the Civil Code of the Russian Federation provides that for the use of someone else’s funds due to their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or savings at the expense of another person, interest on the amount of these funds is subject to payment. In clause 4.2 of the service contract dated February 2, 2021 No. 5/12, the parties established that in case of delay in the execution of the contract (payment of monthly payments for the protection of the facility), it is envisaged to collect from the customer (Tsvetochek LLC) interest for the use of funds at the rate 12% per annum.
According to the calculation below, the amount of interest for the use of other people's funds is 30,378 rubles 08 kopecks:
Debt: RUB 600,000.00 Rate: 12.00% per annum.
Start of period: 02/03/2018
Source: https://rosco.su/press/vzyskanie-zadolzhennosti-po-dogovoru-okazaniya-uslug/
