Claim to a counterparty as part of pre-trial dispute resolution

Published by: Marina Shmeleva

Category: Arbitration cases

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Reclamation is a document that contains a claim to the counterparty due to poor quality performance or non-fulfillment of the terms of the agreement concluded between the parties to the transaction. Basically a claim is made to the counterparty if the obligations were not fulfilled: goods were not delivered, services were not provided, the cost of the product was increased despite the contract, etc. To demand the fulfillment of your obligations, you need to understand how to write a claim to the counterparty and present it.

When can a claim be made to a counterparty?

The law provides for several situations when a claim is made. A letter will need to be sent in a number of cases:

the law states that a complaint (claim to a counterparty) must be drawn up without fail before filing a statement of claim with the Arbitration Court ;
the filing of a claim is stated in the contract.

Regulated by the following standards:

Part 5 Art. 4 Arbitration Procedure Code of the Russian Federation;
clause 3 art. 132 Code of Civil Procedure of the Russian Federation;
Part 3 Art. 4 CAS RF.

It is worth sending a letter if the legal entity does not plan to stop working with the counterparty or knows that the time it will take to consider the complaint will not bring losses. The main goal is to achieve fulfillment of obligations and compensation for damage caused.

How to submit a claim

The contract for the provision of services may provide for any method of filing a claim - and it should be followed. If there is no such clause in the agreement, then it is recommended to present a written demand to the counterparty in one of the following ways:

By sending it to the address specified in the contract or to the legal address of the counterparty by a valuable letter with a list of the contents and a receipt.
Submit the claim to the authorized representative against signature. It will not be superfluous to affix a stamp of the organization, indicating the incoming number, date, position and full name. receiving person.

The claim to the counterparty must be drawn up according to the rules

The claim to the counterparty is drawn up on the legal entity’s letterhead. The document is a business document, and certain requirements are imposed on its form and content.

How to file a claim against a counterparty:

written on A4 sheet by hand or printed;
there are no corrections or omissions in the text;
information on the substance of the claim is provided;
the letter is based on facts, before sending it is worth checking references to regulations;
The document is drawn up in 2 copies, one for the legal entity and the other for the counterparty.

If the listed recommendations have been followed, damage to the contracting party will be minimized.

You can also submit a claim form to your counterparty for free:

Sample claim (Download .PDF)
Pre-trial claim form (Download .Docx)

If you need pre-trial dispute resolution services, please contact our law firm. In 60% of cases, we do not bring the case to court, but achieve peaceful satisfaction of our client’s demands. Find out if it is possible to resolve your dispute out of court - apply for a free consultation with a lawyer:

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A lawyer will analyze the situation and tell you about options for resolving your issue.

Sample pre-trial debt claim

This document does not have a clearly approved form. If one person wrote to another that it is time to pay their debts, describing the situation, referring to the contract and regulatory documents, indicating exactly the amount of the debt, then this is already a document that can be called a claim. The main thing is that it is clear who is making demands, to whom and for what reasons.

and familiarize yourself with a sample pre-trial debt claim.

As a guide to the form of such a document, you can take a sample statement of claim for debt collection. It is enough to remove all information about the court, replace the words plaintiff and defendant with debtor and creditor, and the claim as a legally significant document will be ready.

Time limits for consideration of a claim by the counterparty

The law does not provide an exact time for responding to a claim. It all depends on the category of the complaint being considered. The contract for the supply of goods or provision of services specifies the time frame for responding to the letter. If there is no information in the contract, then there are regulations that allow you to find out about the time allotted for consideration of the document.

For a response in the field of transportation, if the goods are not delivered or other delivery conditions are violated - 30 days. According to the contract - up to 6 months. For individual transactions, a response must be provided within 5 days. If we are talking about low-quality products - 2 weeks, as stated in the law on consumer protection.

Claim to the counterparty for damages

You can download a detailed sample claim for compensation of losses with explanations: Sample_Claim to the contractor for compensation of losses under the contract

If the action or inaction of the contractor has caused losses to the company, then a claim is filed against the counterparty to recover damages. It sets out the basic requirements.

Drawing up a claim is mandatory if the injured party wishes to file an application with the courts. For the arbitration court, this fact is mandatory, that the pre-trial procedure for resolving disputes was followed.

The claim is written arbitrarily, but taking into account the rules of office work. You also need to provide all the necessary details for the court:

information about the counterparty who violated the terms of the contract;
consumer data, contacts;
the essence of the complaint (claim);
consumer signature;
date of document execution.

When describing the situation that led to a claim for damages, it is worth studying information on how to correctly write a claim to a counterparty. The following recommendations should be followed:

date of execution of the contract (when purchasing products, items);
main obligations of the parties to the transaction;
broken obligations;
demands of the parties to the transaction for the return of money;
deadlines for fulfilling obligations;
activities that the applicant plans to carry out.

The letter of claim is drawn up in several copies. It is better that the second document bears a mark of delivery (if it is submitted in person).

Claim to the counterparty for non-fulfillment of the terms of the contract

If the counterparty fulfilled its obligations improperly or did not fulfill them at all, the courts stand up to protect the infringed rights. Before going to court, you should try to resolve the dispute. For certain cases, the claim procedure is mandatory.

We recommend reading: Debt coverage during bankruptcy. Judicial practice of the Supreme Court of the Russian Federation

The complaint is made taking into account the requirements for the following documents:

information about the addressee: legal entity, citizen who violated the terms of the contract;
information about the submitter;
title of the letter;
contract data, unfulfilled conditions;
the consequences of the violations;
deadlines for eliminating defects;
additional information if necessary.

Sample document: Complaint to the counterparty for non-fulfillment of the terms of the contract

It should be clear from the document what the letter of claim concerns, what the counterparty needs to do in order to fulfill its obligations and deadlines.

Letter of claim for repayment of debt obligations

Late payment or violation of payment terms. You need to submit a claim if you plan to go to court.

The structure is normal, the document is drawn up in free form. The nuances depend on the contract:

rent;
buying and selling;
contract;
storage;
shipping;
provision of services.

You can download a standard document for a general understanding: Sample claim for repayment of debt obligations

The laws that were violated should be indicated, as well as the period during which the applicant can accept payment without penalties, without going to court.

Complaint about violation of delivery time of goods

Sample claim for violation of delivery deadlines

Here are sample claims regarding the delivery of goods:

Sample complaint to supplier for non-delivery of goods
Sample claim for delivery of goods with shortage

Delivery time is an essential obligation specified in the contract. Its violation is a real reason for filing a claim, prior to going to court. Such documents can be submitted by both companies and individuals.

How to write a complaint to a counterparty:

information about the recipient;
information about the addressee;
name of the document – claim under the contract for the supply of goods;
the essence of the letter is failure to deliver products on time - with reference to the clauses of the contract;
signature of the manager or lawyer, company seal.

Attachments are the main condition for such a document; they contain photocopies of all papers that are present in the text of the letter (invoice, payment slip, contract).

Complaint to a counterparty about low-quality products

The claim is sent to the organization that sold the defective product or to the supplier who violated the terms of delivery. The letter of complaint states what the addressee wants to achieve.

If we are talking about a low-quality product, then the text should indicate:

exchange the product for a quality product;
replace a defective product with a similar one, but with a different article and brand (without or with additional payment);
reduce the cost of products taking into account malfunctions;
eliminate defects not inherent in the product free of charge;
pay the costs associated with eliminating defects in products;
make a refund by returning the goods to the seller (return costs are paid by the supplier).

The deadlines for filing a claim must be met. The complaint must contain data confirming the poor quality of the product. These can be documents: receipts or checks, registration certificates for durable products, warranty cards for repairs performed, examination results, etc.

What to do if the counterparty delays payment

Case No. 1. The company produces plastic products, polycarbonate, and sandwich panels. The products were supplied in bulk on deferred payment terms. In such a situation, the company had many small debts, which all together turned into a significant amount. Work with debts was carried out formally. Managers called from time to time, listened to promises to pay, and lawyers could file a lawsuit, often when he could no longer help. We have introduced a negotiation method at different levels. Managers were given scripts for communicating with debtors, and security officers and lawyers actively participated in the communication. It was possible to reduce accounts receivable by a third.

Case No. 2. A manufacturing company incurred a small debt. The amount of debt amounted to 300,000 rubles. The debtor was an existing legal entity, continued to operate and could continue business relations with the creditor. The debt arose as a result of late payment for a delivered wholesale batch of raw materials for the production of plastic double-glazed windows with window sills. The company had counterclaims regarding the quality of some of the goods supplied. On this basis, they did not pay for the entire shipment. There was no desire to go to court. First, as part of the negotiations, we offered them to pay off part of the debt for a quality product, because the shortcomings of part of the product made it possible not to pay only this part. The offer was fair, so agreement was received. Then, as a result of daily contact, transfers began to pay off the debt. The lender did not insist on any schedule. At some point, the balance remained small and it was simply pointless not to pay it off.

Case No. 3. The company owed a large sum under the contract. The creditor tried in vain to resolve the situation through negotiations. Communication on behalf of the debtor was conducted either by lawyers or deputy heads of the organization. Information about the existing debt did not reach the manager. Then the creditor wrote a claim and attached a draft statement of claim to it. The paper landed on the desk of the manager, who, by a strong-willed decision, repaid the debt.

Case No. 4. The creditor organization supplied the debtor organization with a wholesale batch of sewing accessories. The cost of the batch is about 600,000 rubles. There was no payment. The debtor was a small organization, apparently with a significant shadow part of the business. They did not go to court; there were statements to law enforcement agencies. It was not possible to get money. Then information was received that the leadership of this organization was connected with another large organization in the same field. We wrote a notification letter to a large organization stating that legal proceedings are beginning against the debtor and, since the names are the same, reputational damage may be caused to the large company. The next day after receiving the claim, the movement to repay the debt began.

Drawing up a response to a complaint

Complaints received should not be ignored. This can ruin a business reputation or the recipient will simply file a claim in court. Don’t forget about the deadline for responding to a letter.

When preparing a claim report you must:

indicate to the addressee that the letter has been received and is being considered;
if the recipient agrees to the counterparty’s requirements, then the response must contain exact deadlines and information about eliminating problems;
in case of disagreement, the reason should be delicately and politely explained;
the complaint report must contain the signature, date, and seal of the company;
the answer cannot be unclear or ambiguous;
when drawing up a report on a letter of complaint, it is better to explain everything correctly;
the response indicates the contact information and details of the two parties;
In the application you can provide copies of documents and extracts from laws.

We recommend reading: Pre-trial settlement of arbitration disputes between legal entities

There are a number of factors to consider when responding to a claim. For example, if the claim relates to failure to fulfill the terms of the contract in the form of non-payment of debt, such factors include the following points:

why the debt appeared;
it is necessary to indicate the sections and information on the basis of which the debt is calculated;
the size of debt obligations, not only the final amount, but also its components.

It is worth providing a calculation of the debt. If there is compensation, this must be indicated. Time limits available for fulfillment of obligations. Time for a regulated waiver of debt repayment. The response to the complaint must be accurate and sensitive. This will help maintain business relationships.

Samples

Claims for debt collection are drawn up according to a single template. The differences lie in the characteristics of the persons involved in this process. The claim can be sent:

from an individual to a legal entity;
from legal to physical;
from legal to legal;
from physical to physical.

In addition, differences appear in the specifics of debt. These may be unfulfilled obligations of one person to another, debt on bank loans, supplies of goods, utility bills.

The universal claim template consists of the following information blocks.

"A cap". It contains only two points - to whom and from whom. In this case, it is not necessary to indicate telephone numbers and place of residence. All you need to do is write your full name correctly. or the name of the organization.
After the heading “claim” its essence is immediately reported. The person making the claim reports the existence of a debt to (the full name of the creditor is given) arising under the agreement (identification data of the agreement) in the amount of (the amount of the debt is given in numbers and in words).
Legal basis for the claim. Typically, Articles 309, 310 and 314 of the Civil Code of the Russian Federation are indicated here. They prohibit unilateral termination of contracts if this condition is not specified in them. Contractual obligations must be fulfilled by the parties in full and within the specified period.
Settlement proposal. It consists of two parts. The first is actually an offer to pay voluntarily the specified amount before such and such a date. The second is a warning about the consequences of ignoring the offer. Usually its essence is that when going to court, the defendant will have to pay a large amount, since it will include a state fee and late fees.
The document ends with an appeal to the counterparty to peacefully resolve the conflict.
Signature and date.

The basic scheme is simple, but it begins to become more complex when the specifics of the contractual relationship are revealed.

and familiarize yourself with a sample claim for debt collection.

Claim for debt on utility bills

The form of such a document has not been approved by anyone. For this reason, it is compiled according to the above diagram. The only difference is that services within the housing and communal services are often provided without a personal agreement with the owner of the apartment. In this case, the relevant articles of the Housing Code, as well as Decree of the Government of the Russian Federation No. 491, which is devoted to the rules for maintaining common property, should be indicated as the basis for the claim.

In addition, such documents usually invite the debtor to appear at a certain address in order to consider the issue of the timing of repayment of the debt or its installment plan.

Tenant complaint

In this case, you can send a written claim only when concluding a lease agreement, which specifies the amount and date of payment. In the absence of an agreement, the lease is illegal, which leaves its mark on the relationship between the two parties.

Depending on the rental object, the person filing a claim can rely not only on Articles 309, 310 and 314 of the Civil Code of the Russian Federation, but also on the corresponding articles of Chapter 34 of this code.

A specific feature of a lease agreement is the possibility of returning the leased property, therefore a document warning about a rental debt may contain information not only about the possibility of considering the case in court, but also about the return of the property before the expiration of the contract.

Accounts receivable

This form of relationship is typical only for legal entities. One company can perform work under a contract, transfer goods, provide services. All this is done on debt. If one of the parties does not fulfill its obligations in full, then a receivable is formed to the other party.

The specificity of the document in this case is manifested in its text part. Here you need to indicate in detail the content of the work performed or the characteristics of the goods sent to the counterparty. Not only the nature and scope of the work is indicated, but also the amount of money spent on providing it. All this is the factual basis for justifying the requested amount of debt.

Debt collection by receipt

The difference between this form of debt is that in the absence of an agreement, people still leave each other documents of their financial interaction. The receipt indicates the amount of money transferred from one person to another. However, it can indicate the period for which the money is transferred, as well as the conditions for repayment of the debt (with interest, without interest). In this case, the receipt begins to perform the function of a contract.

If the receipt contains information about the borrower’s obligations, then the claim can be based on the provisions of paragraph 1 of Chapter 42 of the Civil Code of the Russian Federation. However, do not confuse the terms “agreement” and “receipt”. If the money is transferred by receipt, and the concept of an agreement is used in the claim, then the counterparty has every reason to refuse the borrower on the grounds that the loan agreement was not drawn up.

Claim under a supply agreement

The specificity of such relationships is that the counterparties enter into an agreement that one party undertakes to supply goods with certain characteristics in a pre-agreed quantity. The subject of claims may be:

lack of goods or payment within the agreed time frame;
receipt of goods later than the specified period and/or in a different volume;
sending goods with different characteristics.

In this case, the applicant may claim as a claim:

payment in full and on time;
additional delivery of goods;
replacement of sent goods;
compensation for losses;
payment of the penalty.

Depending on the situation, you can require any of the above or all at once. It is imperative to describe the procedure for satisfying the claim.

What consequences await the counterparty if he does not respond to the claim?

The complaint specifies the period during which the counterparty must fulfill its obligations. If he agrees with the requirements presented to him. When the defendant agrees with the letter of claim, but he does not have the ability to fulfill the obligations, he informs the addressee about this in order to begin negotiations.

If the injured party makes concessions, it may not apply penalties. Many people make concessions if everything is reliably explained. If the defendant refuses to comply with the requirements specified in the complaint, he must provide a reasoned refusal. This is also the beginning of the negotiation process, during which the circumstances and reasons for the refusal are clarified.

When the addressee believes that the refusal is not justified, he has the right to go to court, but not earlier than the expiration of the deadline for fulfilling obligations specified in the letter of claim.

If the counterparty does not respond to the claim, after the allotted time for voluntary fulfillment of obligations, the addressee has the right to file a claim in the courts.

Depending on the legal relationship, the legislation provides for completion of such a procedure from 5 days to 6 months. It all depends on the reason for which the claim is being sent. The time increases if the parties were able to agree.

When applying to the Arbitration Court, pre-trial settlement of the dispute is mandatory. Therefore, it is necessary to comply with the claim procedure.

Briefly, the procedure for applying to the Arbitration Court is as follows:

The emergence of a controversial situation between counterparties.
The claim is sent to the counterparty from the party to the contract whose rights were violated.
Waiting for a response to the complaint.
Drawing up a statement of claim to the Arbitration Court.
Launch of arbitration proceedings.

The existence of a claim to the counterparty is expressly provided for in Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation. The claim to the counterparty confirms that the party to the transaction tried to resolve the controversial issue through negotiations. It does not matter whether the counterparty responded to the claim or not. If the specified period has expired, you can safely file a claim in court. The claim is attached to the statement of claim.

If you need high-quality representation services in the Arbitration Court , then contact. We have an impeccable reputation, we always fulfill our obligations and work for results for the client:

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Note to you - advice from a lawyer

After sending the document, do not rush to go to court, since the opponent by law has three days to send his representative to you. The correct sample claim under a supply agreement should become a standard for the correct preparation of the document.

If no response has been received from the opponent within the designated period, you can contact the appropriate organization to draw up an inspection report for poor quality goods.

A situation may also arise when you need to file a claim with the supplier. The main thing is that the document reflects evidence of failure to fulfill deadlines or other obligations of one of the parties.

ATTENTION: submit an application and we will file a claim for you today!!!