home Audience 2 How to make a claim. General, vague formulations should be avoided in claims. How to assert your rights

How to make a claim. General, vague formulations should be avoided in claims. How to assert your rights

Claim for non-fulfillment of contract terms: when is it necessary to file it?

A claim for non-fulfillment of the terms of the contract is a document containing the claims of one party to the other, arising as a result of the latter’s failure to fulfill the terms of the contract concluded between them. A sample claim for breach of contract is a popular form in legal practice, as it allows you to quickly draw up a letter of claim and either collect the debt or prepare the ground for further filing a claim.

At the legislative level, cases of mandatory filing of a claim are defined:

Nuances of the claim procedure

Risks! If the mandatory pre-trial procedure for resolving a dispute with the counterparty is not followed, the court will refuse to accept the claim, the documents will be returned to the plaintiff (subparagraph 1, paragraph 1, article 135 of the Code of Civil Procedure of the Russian Federation, subparagraph 2, paragraph 1, article 148 of the Arbitration Procedure Code of the Russian Federation, subparagraph 1, paragraph 1 Article 129 CAS RF). As a result, necessary time may be lost.

When the pre-trial claim procedure is not mandatory, filing a claim will still be an appropriate action. On the one hand, the counterparty who received the claim can fulfill the sender’s demands. This eliminates the need for a legal dispute.

On the other hand, if the counterparty does not even fulfill the requirements, for some categories of cases the delay in execution will begin to accrue and interest will accrue (for example, in cases of unjust enrichment or in cases related to the Law of the Russian Federation of 02/07/1992 No. 2300-1 “On protection of consumer rights").

We recommend! It is advisable to attach copies of documents that will confirm the sender’s requirements to the letter of claim. This applies to cases where the recipient of the claim does not have such documents (for example, documents evidencing losses incurred - contracts with third parties, payment slips, etc.). This will not allow the defendant in court to refer in the future to the fact that the claim was unfounded, and the adverse consequences of the breach of contract for the plaintiff were unconfirmed, and therefore unsatisfied pre-trial.

How to file a claim for improper performance of obligations under a contract

Current legislation regulates the content of the text of a sample claim for failure to fulfill the terms of the contract in rare cases (for example, in Article 16.1 of the Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” dated April 25, 2002 No. 40-FZ). However, a number of recommendations can be formulated regarding its content. A sample letter of claim for non-compliance with the terms of the contract must include:

Information about the addressee and sender.
Title: “Claim”, “Claim letter”, “Pre-arbitration warning”.
An indication of violations by the counterparty with links to documentation confirming such violations.
The sender's requirements, as well as the consequences of their non-fulfillment by the counterparty.
Deadline for response (if it is not established by law or contract).
A list of attached documents confirming non-fulfillment of the terms of the contract, as well as the powers of the person who signed the claim.

IMPORTANT! If the claim procedure is mandatory, and the text of the claim itself does not contain all the requirements (for example, there is no requirement to collect a penalty, penalty, fine, etc.), then the court will apply to the claim where such requirements are set forth the consequences specified in the relevant procedural code (ruling FAS North-Western District dated November 26, 2013 in case No. A56-74168/2012).

You can download a sample letter of non-compliance with the terms of the contract by following the link: Sample claim for breach of contract.

A claim for non-compliance with the terms of the contract informs the counterparty that it has violated previously reached agreements and demands that they be eliminated. According to current legislation, the presentation of this document is necessary in almost all situations, if in the future there is a need to consider this dispute in court.

Very often, the result of protection of one’s interests by the subject of legal relations directly depends on the quality and professionalism of the preparation of primary documents on which the requirements are based.

Let's discuss the basic and mandatory conditions that must be in place when preparing a claim in defense of your rights. Other features and attributes of this type of legal document will be discussed in other publications, which can be found by following the links at the end of this article.

Addressee of the complaint.

The person to whom the claim is sent is most often the head of the subject of legal relations that violated the rights of the claimant. This may be the general director, director, chief in institutions with a sole (individual) form of management and decision-making, or the chairman of the board in a collective form of decision-making. A reckless step would be to address the claim directly to the official who, from the point of view of the claimant, is directly to blame for the violation of rights and is responsible for eliminating the violations.

Subject of complaint.

In the subject line of the letter, from the first lines, the recipient of the claim must understand what the document is and what the reasons for sending it are.

Therefore, the topic should be as clear, specific as possible and contain an indication of the documents that formed the basis for writing the claim and confirm the legitimacy of the claimant’s claims. General and vague words and phrases should be avoided.

Letter title.

The title can be quite short, but must contain the word “CLAIM”.

Directly contacting the manager in a letter with demands and requests to carry out the actions set out in the document is unacceptable and erroneous. A claim is not just an arbitrary document with which you can achieve the fulfillment of certain requests and requirements. It is defined in the current legislation as an effective, and in some cases, a mandatory document for resolving civil and economic disputes, defining deadlines for implementation and responsibility for ignoring reasonable demands. In certain legal relations, the absence of a claim prevents further consideration of disputes on the merits.

Preamble.

It usually coincides with the main part of the claim

In the preamble, in any form, state your complaints about the product delivered, service provided or work performed. Describe in detail the identified shortcomings of the product, its incompleteness, report that the work was performed in violation of the deadline established by the contract, or other violations of your rights were committed. In the same part of the document, refer to those regulations that regulate this type of legal relationship.

Summary.

In this part of the letter, state the essence of your requirements and what they are. This may be compensation for damage caused, delivery of additional equipment or missing copies of the order, or other requirements, depending on the type of violated obligations.

In the claim to the letter itself, be sure to attach all documents or duly certified copies thereof that confirm the existence of an obligation or other legal relationship between the submitter of the claim and its recipient, the fact of violation of obligations or the commission of other unlawful actions.

These can be contracts, acts of work performed or services provided, accounting documents: cash orders, checks, waybills, payment orders. In the letter, indicate the most basic legal acts that confirm the validity of the claim.

Signature.

The legal significance, reliability and fact of filing a claim by the proper subject of legal relations is certified by the signature of the head of the party filing the claim. The signature of the institution's general counsel is acceptable if his position corresponds to the level of the head of the department.

In what situations can you file a claim?

Filing a claim is an effective method of eliminating violations of the rights of the parties involved in legal relations. Claims can be filed in case of violation of legal obligations or in the commission of illegal actions that resulted in harm and violation of rights. Such offenses include road traffic accidents that resulted in material damage, harm due to improper use of household appliances (flooding of an apartment, fire, damage to power lines).
In addition, claims can be divided into those that are submitted without fail, and those that are submitted at the discretion of the person whose right is violated.

Mandatory claims are made in those controversial legal relations that require mandatory pre-trial settlement. The peculiarity of such claims is that in case of failure to comply with the claim procedures, further judicial protection of rights becomes impossible.

The most common cases of claims are violations of consumer rights. This could be a claim for elimination of deficiencies, for the return of goods, or for a refund of funds. Pre-trial settlement of disputes regarding the protection of consumer rights is a mandatory stage of proceedings in such cases in court.

However, claims can be made not only in cases of direct violations of the rights of the parties. but also, if necessary, change the established legal relationship to another or break it altogether. This applies to changes and termination of any contracts concluded between legal entities and individuals.

Each type of specific agreement presupposes its own mandatory or alternative options for pre-trial settlements, and current legislation determines the procedure for performing such actions in each specific case. These can be agreements of purchase and sale, exchange, donation, contract, lease, loan.

How to send the document in question?

Correctly sending a claim to its addressee, ensuring guaranteed and timely delivery of the letter to its destination is no less important step than drafting the letter itself. The effect and result of its presentation will depend on how correctly the claim was submitted, in compliance with all the necessary conditions.

In order to subsequently confirm in court the fact of compliance with the pre-trial settlement of the dispute, the claim to the addressee who resides in another locality, at a long distance, must be sent by mail with a letter of recommendation. In this case, even if the recipient of the claim is dishonest, the fact of its timely dispatch will be able to be confirmed by the postal service.

Within one locality, if such a possibility exists and in order to save time, the claim with the appropriate attachment can be delivered to the recipient’s office management service in person and handed over to an authorized official. Confirmation of acceptance of your claim can be the incoming number, date and signature of the person on your copy of the document, or the imprint of a special stamp for incoming correspondence.

At the same time, if a representative of the institution evades accepting a claim under any unfounded pretexts, it is necessary to show perseverance, integrity and perseverance.

When interacting with partners, it is customary to correctly express your complaints about the quality of services, outstanding debts and other violations of contractual obligations. In this case, it makes sense to competently draw up a letter of claim, which reflects the essence of the requirements and a proposal for solving the problem that has arisen. Ready-made examples, composition rules and other useful information are all given below.

The emergence of contradictions, as a rule, can be resolved without filing a claim in court. The main goal is to make every effort to avoid litigation in court. Therefore, the purpose of this document is as follows:

Formulate the actual complaint - specific complaints about the product, services, late payments and other important points. In this case, complaints may relate to failure to comply with certain terms of the contract or failure to fulfill one’s obligations at all.
Convey your position to your partner - how you plan to correct the situation, what decisions you expect from your counterparty.

Thus, in most cases, when composing a text, you need to pay attention not only to the “negative” part with its demands and justification for dissatisfaction, but also to the “positive” part, in which a specific proposal is made to resolve the problem.

The advantages of pre-trial settlement of the situation are obvious:

you can save time and money;
you can maintain a good relationship with a reliable partner who is experiencing temporary difficulties;
You can also raise your business reputation as a non-conflict partner who has the intention and ability to resolve all contradictions peacefully.

NOTE. Even if you go to court further, it would be right to first formulate your complaints and send them to your partner. If this measure does not have an effect, during the proceedings it will be possible to provide a document as additional evidence that you actually made an attempt to solve the problem without the mediation of the court.

Who can send a letter

In this case, all citizens and legal entities can submit an appeal:

Private individuals – citizens of Russia and foreigners.
Commercial companies and enterprises (represented by their representatives authorized by the director).
Public associations and religious organizations, other legal entities.

The applicant can apply either personally or send a representative acting on the basis of a power of attorney. In the latter case, the data of the power of attorney is indicated - the name and date of preparation.

Sequence of actions when compiling

Before you start composing the text, it is important to correctly analyze the situation in order to understand:

What is the purpose of writing an appeal, what requirements already exist for the partner. This will be the main subject of the appeal.
How can you justify your dissatisfaction - violation of legal norms, written or oral agreements.
What documents can be attached for justification - copies of contracts, checks, receipts, other payment documents.
What damage was caused - not only material, but also business.
What exactly can you offer: from the point of view of legislation or from your point of view.

Text requirements

Once clear answers to each question have been received, you can proceed to the text. When compiling it, you can rely on the general rules of business etiquette:

The style of presentation is formal and businesslike. You should avoid artistic techniques, ambiguous expressions, personal assessments of a particular person, and especially negative statements addressed to him.
It is advisable to compose the text on the company letterhead in printed form.
The text should be fairly brief, but at the same time contain a detailed description of the claim (point by point). It is optimal to keep it to 1-2 printed pages.
As you write the text, it is advisable to constantly refer to specific clauses of the contract, legal norms, and other regulatory documents.
When writing a proposal, you should also try to justify your actions as much as possible. You can also correctly hint that in case of failure to fulfill obligations, you reserve the right and have the intention to go to court.

Delivery method

A variety of delivery methods are used, but the main task is to obtain documentary evidence of receipt of the letter. It could be:

delivery notification;
receipt of delivery;
an extract from the log of incoming correspondence (the date, name and number of the document are indicated).

In person or by courier (company representative or freelancer).
Using Russian Post - in this case you need to send a registered letter, which also includes an inventory describing the attachment (name of the document, original or copy, number of papers, total number of pages).
Using private mail services - door-to-door delivery.

Alternatively, you can send the message by fax, but in this case you cannot receive a return receipt as such. Therefore, if there is a real possibility of litigation in the future, It is best to send it by registered mail.

Response time

In general, the response period is 30 calendar days from the date of delivery of the item to the addressee. The countdown begins on the working day following the day of delivery (the date is indicated in the notification). In this case, the response delivery time is not taken into account - i.e. the counterparty or partner is given exactly 30 calendar days to formulate their response.

However, in some cases the period may be reduced:

According to the Law “On the Protection of Consumer Rights”, the seller must provide a response to the buyer’s request (or statement of claim) no later than 10 working days.
In the case of disputes related to compulsory motor liability insurance, the period is 5 working days.
Finally, in many cases, partners initially agree on the specifics of pre-trial resolution of their differences. In particular, a deadline for responding to complaints of a claim nature is often specified.

In some cases, the parties may agree to increase the review period in advance and stipulate this in the contract. On the other hand, as the situation progresses, depending on the specific circumstances, additional time may also be needed - for example, to conduct an examination, laboratory tests, etc.

In some cases (for example, in connection with rental disputes), the law prescribes a mandatory pre-trial procedure for resolving disputes. It is generally expected that the party suffering damage must first contact his contractual partner in writing. If a response is not received within the specified time frame or the response is not satisfactory, then the company has the right to immediately go to court.

Number of copies

The number of copies is determined by the situation. At a minimum, the letter is written in two original copies - one is sent to the counterparty, the other remains in hand. At the same time, it is advisable to record the fact of sending in your internal log of outgoing/incoming correspondence.

Any number of copies can be made from the original. The company can certify these copies - all pages are stamped and handwritten by an authorized person. Notarization is not required.

Legal force

This is also a fairly important and common question. In fact, a letter cannot be considered a document that is binding on any of the parties. It does not describe rights or obligations because it is not a contract or agreement.

On the other hand, it is the main evidence that the company (or individual) really tried to resolve their differences out of court. Experience shows that most judges have a positive attitude towards such attempts. On the other hand, ignoring the request by the counterparty is a certain reputational and even legal cost for him.

Sample 2019

The legislation does not contain a clear definition of such a document and the requirements for its execution, therefore, when drawing up, you should proceed from the actually established traditions of business document flow, taking into account the specifics of your situation.

The “header” contains the detailed name of the addressee and sender - the official name of the company, contact information, full name and position of the persons who are corresponding, i.e. who is speaking and to whom. In the case of private citizens, it is enough to indicate the full name, address, and contact information.
Next, the title of the document is written down, it begins with the words “Letter of Complaint”, and then you can clarify the nature of the complaints: for example, “about the return of funds”, “about the quality of the goods”, “about violation of the terms of the supply agreement”, etc.
Next comes the actual text - in the introductory, descriptive part, the situation should be briefly clarified: what agreement was concluded, when, under what conditions.
Then they formulate a claim. If there are several of them, it is better to list them in a list or arrange them in the form of a table for easier perception by the recipient.
After that, they describe their proposals - how you see the solution to this situation. Here we can express the hope that the conflict will actually be resolved without involving litigation. On the other hand, you can hint that if you ignore the appeal, you will have no other choice.
After this, the applications are indicated - i.e. quantity, names of attached documents (copy of agreement, original payment order, check, etc.), as well as number of pages in multi-page documents.
A signature is placed, a transcript of the signature (last name, initials), and the position of the person applying is written down. A stamp is also placed here if the company uses it in its document flow.

A form that can be adapted for almost any occasion is presented below. Specific examples are discussed in the next section.

In fact, the tone of the text depends on your future plans. If the relationship with your partner is quite expensive, it is best to describe your wishes and complaints in a positive way - as an expression of dissatisfaction, but at the same time hopes for fruitful cooperation in the future. If the relationship has clearly reached a dead end and significant damage has been caused, the appeal should be considered as the last step before filing a claim. And you need to clearly formulate your intentions and convey them to your partner.

Types of claims

The specific design option depends on the reason for the complaints - i.e. what kind of agreement was violated, what exactly the company is dissatisfied with. Below we discuss real examples and rules for filing the most common claims.

A refund

This is the most common topic. Typically, a party initially makes an oral request, but in most cases is refused, so it is forced to make a written request or even immediately go to court - at its own discretion.

The features of drawing up such a document include the following:

Refund of funds is a rather serious requirement, so it must be carefully justified, referring not only to the concluded agreement, the fact of purchase, attached documents, but also certain legislative norms - for example, the Law “On the Protection of Consumer Rights” or the Civil Code.
For the same reasons, you should be very specific about the amount, number of the check, payment order, date of purchase/conclusion of the contract and other essential conditions with reference to the relevant documents.
Finally, it is important to clarify the deadlines for fulfilling your requirements, which are also justified by law. For example, in case of consideration of a claim in connection with a refund for a defective product, the buyer should proceed from the Law “On the Protection of Consumer Rights” (the seller is given 10 working days to make a decision).

A sample that you can rely on as a ready-made example is presented below.

Failure to comply with the terms of the contract

This is the most common situation associated with disagreements between representatives of different legal entities. Often individuals who are dissatisfied with the services provided make similar comments. In this case, disagreements may arise regarding:

violation of certain clauses of the contract;
failure to fulfill the contract as a whole;
refusal of one's obligations on illegal grounds, etc.

The structure of the appeal is practically no different, however, it is important to refer to specific clauses of the contract, describe in detail the facts of the violation (date, essence), but at the same time try to avoid determining guilt, because this is already the task of the court.

You can take the following example as a sample compilation:

Debt repayment

Such a letter is most often sent by a bank to its client or to one company from another: the claim includes incomplete repayment of the debt, violation of deadlines, violation of the method of transferring the amount (to the wrong account), etc.

By product quality

In this case, the injured party needs to describe in detail why it considers the product to be of poor quality, refer to the obligations of the partner under the contract, as well as certain regulatory documents, for example, GOST, which describe quality requirements in detail. The same category can conditionally include those requests that are associated with situations of under-staffing, manufacturing defects, traces of mechanical damage associated with poor-quality delivery services, etc.

Missed delivery deadline

Finally, another type of complaint is related to a gross violation of the delivery time. In this case, the party can describe the damage that was received and also indicate their intention to go to court. The following example can be used as a basis:

Drawing up a claim is the main measure of pre-trial settlement, so every company should keep in mind that the correct execution of the document provides additional grounds for the hope of solving problems without the mediation of the court.

If disagreements arise between the parties to the contract, you should send a claim indicating your requirements to the other party. In a letter of claim, you can demand the exchange of illiquid products, a refund for low-quality goods or services, payment of a debt, a fine or compensation for moral or material damage.

Claim acts have many varieties. The most common reason for disagreements and complaints is dissatisfaction with a service or product.

A letter of claim with demands is drawn up in writing, arbitrarily.

A claim is a pre-trial option for resolving a controversial situation, which is why pay attention to the competent and clear drafting of the letter.

There are no clear restrictions or framework for filing claims. The composition of the letter is arbitrary, but try to maintain a formal business style when writing a complaint.

In the absence of a strict form for drawing up a claim, it is still important to provide some information.

Indicate the details of the counterparty, the name of the organization and the full name of its general director, contact details and legal address of the company.

Please provide your details: full name, address and contact numbers.

In the middle of the sheet, indicate the name “Claim” and then describe the situation.

Describe the situation as detailed and clearly as possible. Indicate the date of the incident and your actions.

Refer to the clauses of the agreement, provided that you concluded one with your opponent.

State your requirements. Requirements must be in a clear and precise form. Don't give your opponent the opportunity for an incorrect or ambiguous interpretation.

Refer to the provisions of the Laws “On the Protection of Consumer Rights” or the Civil Code of the Russian Federation, which regulate the solution to the current situation and protect your rights and interests.

Write about the possible consequences of failure to comply with your requirements. Indicate that you have the right to file a claim in court and demand fulfillment of the requirements in court. But in addition to the stated requirements, you will demand compensation or payment of a penalty. Make it clear to the counterparty that resolving the case without resorting to litigation is more beneficial for his side.

Set a realistic deadline for fulfilling your requirements, after which the claim will be sent to court.

Please indicate what supporting documents you have attached to the letter. In the attachment to the letter, the presence of checks, contracts and other documentation confirming the transaction will be indisputable evidence before the other party or the court.

Attach copies of documents to the claim; all originals must remain with you.

At the end of the letter, put the date the letter was written. Below is your signature with transcript.

The statement of claim is drawn up in two copies. One copy is transferred to a third party. The second copy with the date, signature, transcript and name of the position of the responsible employee of the defendant’s organization remains with you as confirmation of the transfer of the claim to the recipient.

If the organization’s activities cease and there is no successor to the rights, file a claim with another counterparty, to whom you can appeal in accordance with the legislation of the Russian Federation.

If you do not understand what to do in this situation and who to file a complaint with, contact your consumer association for advice.

What are the types of claims?

Every day entering into market relations, it is impossible to avoid situations of drawing up and filing a claim with the seller.

The main reason for filing claims is related to the Laws “On Protection of Consumer Rights”.

The buyer has the right to demand an exchange of low-quality goods, a refund or elimination of product defects. In accordance with this, claims are made for the exchange of goods, refund of funds or elimination of defects.

Filing a claim is a means of pre-trial resolution of a conflict situation.

Also, a claim may be made regarding changes in the clauses of the concluded agreement between the parties, or its termination due to failure to fulfill the clauses of the contract by the second party.

The claim is made by both individuals and legal entities.

Articles of the Civil Code of the Russian Federation regulate the binding nature of claims relating to certain types of contracts. Such agreements include: purchase and sale agreement, loan agreement, lease of premises or property. In some cases, filing a claim is not necessary.

You can make a claim not only based on the concluded agreement, but also on the actions of the other party, which resulted in moral or material damage. For example, a claim for damages due to an accident.

How to properly file a claim?

It is important not only to correctly draw up a claim, but also to submit it correctly. In case of refusal or ignoring of your requirements, you must have documentary evidence of this on hand.

The most successful way to transfer a claim to a second party is to send it by registered mail. When sending, an attachment inventory is drawn up, where the name of each document included in the letter is written down. You will also receive a notification that the addressee has received a claim letter. This notice will be significant evidence in the event of litigation.

The second way to file a claim is to personally deliver a letter to an individual or legal entity.

When handing over a letter in person, a note must be made on one of the copies indicating receipt by the person to whom the claim was forwarded. Your copy must be dated, signed and deciphered by the person in charge.

In addition to written confirmation of receipt of the claim by the addressee, you can bring with you a witness who, if necessary, can confirm your words in court.

What to do if the claim is not accepted?

Request a written statement from the employee explaining the reasons for refusing to accept the claim.

If you come with a witness, then you can leave the claim in a visible place, and on your copy the witness will write that the claim was refused to be accepted and indicate the place where it was left. Witness testimony on paper is confirmed by the witness’s data, his full name, passport details, date and signature with a transcript.

When contacting sellers with a complaint about the poor quality of a product, you may be asked to conduct an examination. When leaving the goods, ask to note this fact on your copy of the claim letter or ask the employee who transfers the goods for examination to write a corresponding receipt.

Violations in the sphere of selling goods, carrying out work and providing services occur all the time. Either the purchased product turned out to be of poor quality, or the service was not received on time, or the supplier did not provide the promised products. In order to effectively protect yourself from abuse by unscrupulous sellers and employees of companies providing various types of services, you need to learn how to correctly use the tools provided by the legislator.

We will talk about the pre-trial claims procedure for resolving disputes, we will tell you what claims are, what types they are, how to correctly draw up a document and respond to refusal to satisfy claims.

What is a claim and when can it be filed?

A claim is a written requirement to the company (person) that sold the goods, carried out the work or provided services to eliminate the violation committed against the applicant. This is an official document that is submitted as a pre-trial settlement of a dispute to restore the rights of the injured person. Simply put, a claim is a complaint sent by someone who received a defective product or service or did not receive it on time to the person who is guilty of this violation. The claim procedure for resolving a conflict situation allows you to avoid litigation and thereby save money and time. Any person who believes that he was provided with a service of inadequate quality or sold a low-quality product can make a claim regarding this and demand restoration of the violated rights. This benefits both the victim and the perpetrator. The first, faster than through the court, receives the goods he needs, a service of proper quality, or compensation for them, and his counterparty avoids the costs of legal fees, payment of compensation for moral damage and other financial losses.

When a claim is not satisfied voluntarily, you can go to court. In some cases, disputes are not considered in court unless a claim has been filed first. The law provides for mandatory pre-trial settlement; without it, the claim will not be accepted for consideration. This happens, in particular, in cases of violation of consumer rights or in cases where a mandatory claim procedure is enshrined in an agreement between the parties.