Very often legal entities face such a problem as non-fulfillment or improper fulfillment of obligations under the contract. According to the obligations, the debtor is obliged to perform certain actions in favor of the creditor: to carry out work, transfer funds or real estate, and so on or to refrain from any action. And the creditor has the right to demand that the debtor fulfill his obligations. In the event that the debtor evades fulfillment of obligations under the contract, it is necessary to apply to the court. The judicial procedure for the settlement of the dispute must necessarily be preceded by a claim sent to the debtor on behalf of the creditor.
Instruction manual
1
The text of the claim must consist of:
- grounds for the relationship of the creditor and the debtor (for example, a supply contract);
- references to clauses of the contract that have been violated;
- the amount of the claim with a detailed calculation;
- references to laws on the basis of which the applicant makes his claims;
- the requirement itself, set out in a clear and polite manner;
- attached copies of documents that substantiate the requirements of the applicant.
2
The claimant must necessarily keep a copy of the submitted claim and keep documents that confirm its direction to the addressee. This may be a receipt for sending a valuable letter, a receipt of delivery, etc.
3
In case of receiving an unsatisfactory answer or the expiration of the period for consideration of the claim (1 month according to the legislation or another period stipulated by the contract), it is necessary to file a claim with the arbitration courts (limitation period is 3 years).
4
The text of the claim must be no more than 2 pages of typewritten text.
5
If the debtor does not fulfill its obligations upon the expiration of the claim period, you can safely apply to the Arbitration Court with a claim for recovery of the main debt, penalties for late payment of obligations under the contract and interest for using other people's money in accordance with Article 395 of the Civil Code of the Russian Federation.
note
Before filing a lawsuit, be sure to go through the pre-trial (claim) procedure for resolving the dispute, otherwise the court will simply leave your lawsuit without consideration.
Helpful advice
Since there is no single form of claim for various disputes, it is drawn up in an arbitrary form. The claim must be drawn up correctly and it should clearly be clear from whom, from whom and what he wants.
