Pre-trial claim under a service agreement: sample 2020

Were you engaged in private activities? Have you encountered an unscrupulous customer who did not pay for the service provided within the period stipulated in the contract? File a claim for unpaid services.

You can submit it if an agreement for paid services has been drawn up between you and the customer or if there are other documents confirming the work you performed. Such documents include: a contract or agreement concluded in a transaction with the customer; receipt, sales receipt or strict reporting form; certificate of completion.

The documents must specify the service provided by the contractor and its cost. The customer must sign confirming that he agrees with the terms of service.

General drafting rules

Competent pre-trial work with the executor can help in future court proceedings, and sometimes allows you to completely avoid a long and unpleasant process. The beginning will be made by legally correct drawing up of a claim against the guilty party. The list of violations of contract clauses is quite long, here are just a few:

• Missing deadlines;
• Poor provision of the service or provision of it not in full;
• Causing loss to one of the parties, direct or indirect;
• Origin or timing of debt repayment.

In each case, the claim is drawn up based on the provisions of the specific contract, the requirements and procedures specified in it. The law does not provide for a set template, but there are still uniform requirements for registration. If the claim is made by the customer:

• Indicate your own name, position and full name of the responsible person, complete information about the company;
• Write down all known information about the contractor, his name, address, telephone number and full name of the manager;
• The appeal must be titled. As a sample, you can use the words “Claim” or “Claim Letter”;
• If the claims contain a material component, then in the “header” you need to indicate the total amount of all losses and debts offered for compensation;
• The descriptive part must contain the essence of the inconsistencies and the circumstances under which they occurred, mention the date and number of the contract, a list of articles of legislation and clauses of the agreement that were violated;
• The desired date has been established by which the claim must be considered by the dishonest party, and the procedure for the customer’s actions in the event of the contractor’s refusal to fulfill the requirements or elimination of deficiencies is described. An example is a claim regarding the elimination of defects within the warranty period against the developer.

Sample

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.

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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.

What is the document for?

By law, a contract for the provision of services implies the fulfillment by one of the parties of their obligations to provide any services, and the second - payment for them in a pre-agreed amount and manner.

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If any of the parties violates at least one clause of this agreement, its counterparty can file a claim.

Drawing up a document is the first step towards resolving any disagreements that have arisen.

Expert opinion

Kuzmin Vasily Stanislavovich

Lawyer with 6 years of experience. Specialization: criminal law. More than 3 years of experience in developing legal documentation.

Based on this, we can say that the role of the claim is quite serious. It allows not only to identify the problems that arose during the execution of the contract, but also to promptly prevent the situation from developing to court.

General points

Disputes may arise between participants in any transaction that involves payment. To avoid having to deal with it in court, you should write a claim to the counterparty. Then there is a chance to demand fulfillment of obligations under the contract.

What you need to know

A claim is a letter that is sent when one party to a contractual relationship expresses dissatisfaction with the quality of obligations that are fulfilled by the second party (or if the obligations are not fulfilled at all).

Before preparing written claims, the parties conduct oral negotiations. If they are unsuccessful, then this document is written.

A claim is a method that helps resolve a controversial situation. After all, such a letter has legal force.

Purpose of the document

Sometimes the parties, before going to court to resolve a dispute, try to resolve all issues in a pre-trial/claim procedure.

A claim allows you to collect a debt, eliminate debts without having to incur the cost of paying state fees.

Resolving issues through a claim procedure allows one of the parties to protect their rights. Disputes must be resolved pre-trial in the following cases:

• if required by federal law;
• if this is stipulated in the agreement drawn up between the parties.

If the pre-trial procedure was not followed, it is considered that the application was submitted with violations. And therefore, the claim can be returned (Article 135 of the Code of Civil Procedure) or left without movement (Article 128 of the Arbitration Procedure Code).

The goal pursued when filing a claim is to resolve the conflict that arose during the transaction.

For example, this is a situation where a low-quality product is provided or a low-quality service is received. This is an opportunity to bypass the court.

A claim can be made by any person (both individuals and legal entities).

What are accounts receivable?

The term “accounts receivable” is widely used in accounting and represents the amount of debts due to an enterprise from legal entities or individuals as a result of economic relations with them. As can be seen from the definition, receivables can only be formed by a legal entity, but the debtor (debtor) can be both a legal entity and an individual.

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It should be noted that it will be much easier for an organization to collect debt in court, since payments between legal entities are made by bank transfer. Also, the organization’s availability of primary accounting documents confirming the occurrence of debt will be indisputable evidence in court.

How to compose correctly

After all, this document must be drawn up correctly. The legislation does not approve a unified form of the claim form.

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The document can be drawn up according to templates adopted by the company. But there are also rules that must be taken into account.

The claim reflects:

If a certain amount and period are indicated, they must have both numerical and capital expressions.

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It is also possible to provide additional evidence (as an attachment to the claim) - a check, additional agreements, photographs, etc. They write how much evidence is attached.

You can write a claim by hand or on a computer. But in any case, the signature of the manager must be affixed. But it is not necessary to put a company stamp.

It is important to register the prepared claim in the outgoing document log. Let's look at the nuances:

A letter of complaint can be sent to the addressee in the following ways:

• by email;
• by registered mail (the most reliable option, since you can send a letter with a delivery receipt, which will be strong evidence that the addressee received the claim);
• by fax.

The addressee must respond to the claim. He can:

• satisfy the requirements in full or in part;
• refuse satisfaction.

The response is also drawn up in writing and is attached to the sender’s claim. When does it become necessary to write a claim for debt repayment?

If payment deadlines are violated and there are late payments. If such a letter is not sent, then if a claim is filed, the case will not be considered at all.

Each claim has its own characteristics, taking into account the type of agreement - it is drawn up under a purchase and sale agreement, transportation, provision of services, lease, loan agreement, etc.

According to the service agreement

If the recipient of the service is not satisfied with its quality or the timing of its provision, and the contractor is not satisfied with payment for the services provided, then it is allowed to submit a claim to the other party.

The document can include a requirement that the contractor eliminate deficiencies in the work independently, that the customers accept the work performed and pay for it, etc.

It is important that the agreement reflects the start and completion dates of the work. If the terms are violated, the customer may refuse to fulfill the contract and demand the return of the advance.

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According to the supply agreement

When making deliveries, the parties must rely on the norms of Chapter. 30 GK. If the supplier delays delivery of goods, the recipient (sometimes obligatory) submits a claim before going to court.

This way you can recover damages (and penalties) in case the goods are never delivered. The supplier may also require payment for goods that were delivered to the counterparty.

The supplier has the right to charge debtors a penalty in accordance with the terms of the agreement or legislation if the payment obligation is not fulfilled on time.

Claims under supply contracts are often submitted if:

• delivery is late or not paid (or payment was not received in the agreed amount);
• the product does not meet the required quality;
• the product was delivered with the wrong set;
• there is another violation mentioned in the contract.

When writing a document, it is important to make a reference to supporting documentation, which may be the same acceptance certificate or invoice.

Indicate the amounts, if we are talking about non-payment, and the deadlines for fulfilling the requirement to repay the debt.

The situation with collection will be more complicated if the transaction was carried out without a supply agreement.

For cargo transportation

A claim may be brought by shippers or consignees if the other party completely or partially refuses to satisfy the claim (Article 797 of the Civil Code). The recipient of the claim will have 30 days to respond.

The agreement concluded by the parties specifies each case of disagreement and the method for resolving it.

Non-payment for cargo transportation can be of two types - if payment is delayed or not made at all. Either way, damage occurs. A claim is just a way to solve this problem without litigation.

According to the lease agreement

The main normative act that is worth referring to is Art. 619 of the Civil Code, which talks about the procedure for terminating a lease agreement. Termination is permitted after filing a claim.

The tenant is not required to present such a document, but this condition may be included in the contract.

The text states the date when the lease agreement was concluded, lists the violated obligations and indicates the basic requirements for fulfilling the obligation or terminating the agreement.

For utilities

Citizens who are confident that they are overpaying for housing and communal services can submit a claim with a request for recalculation.

If the persons to whom the services are provided do not pay on time, then the housing and communal services representative has the right to file a claim.

Video: how to get money back using a claim

But first he needs to notify the user about the debt.

According to accounts receivable

Accounts receivable are debts that must be repaid by the company. It occurs for various reasons.

Debts of this type can be collected in this way - voluntarily (claim) or compulsory (judicial).

The first option involves paying off the debt yourself without going to court. Funds are transferred after submitting a claim, which states the requirement for payment.

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If the claim procedure is not followed, then the participant in the transaction has the right to file a claim.

By salary

Employers are required to pay their employees wages on time. From what point is this request allowed?

If such an obligation is not fulfilled within 2 months, the employee can file a claim. And this is a peaceful solution to the conflict.

The claim should require payment of funds due. You can additionally indicate that if this requirement is not met, an application will be submitted to the labor inspectorate.

It is also possible to give notice that work will be suspended.

To ensure that the case does not go to court and your claim is effective, you should include as many points as possible that disclose the employer’s liability in the event of failure to fulfill its obligation.

It is advisable to make reference to the legislative norms that control the rights of workers. The addressee of the claim will be the director of the company.

Try to find out whether he is ready to meet you halfway and pay you the money you earned.

If management intends to resolve the dispute amicably, then the claim does not need to include liability provisions for going to court.

If you can’t influence the employer, then you can write a full complaint.

It will describe all the possible consequences for the company. Indicate what rights were violated and what criminal liability is possible.

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Complete the document with points to indicate:

A revocation of a claim is a procedural document that reflects the position of the sender’s rights violator.

If the defendant has his own claims against the counterparty, then filing a counterclaim or claim is allowed.

As you can see, there is no clear requirement for filing claims. In each case it will be slightly different. We have highlighted the same points that it is advisable to indicate.

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So take into account the recommendations and rely on ready-made samples. Then you can be sure that the claim is prepared correctly. This means your chances of a peaceful resolution of the dispute will increase.

Claim structure

There are no uniform rules for filing a claim. An enterprise or other organization may have its own requirements for such a document.

Main requirements for a claim:

• information about counterparties, information about addressees, address
• consistency and reliability of the requirements, the ability to support them with written or physical evidence
• reference to regulations - laws, resolutions of the Government of the Russian Federation, etc.
• clear formulation of requirements and outlining the prospects for liability in case of failure to comply with legal requirements

Expert opinion

Kuzmin Vasily Stanislavovich

Lawyer with 6 years of experience. Specialization: criminal law. More than 3 years of experience in developing legal documentation.

The violator of the agreement on paid services must understand what threatens him if he refuses to voluntarily fulfill his obligations.

The main thing is that the recipient of the claim can clearly understand what the author of the document requires of him.

Response to a claim for debt collection

The desire to preserve business reputation may prompt the creditor to respond in writing to the claim it receives. Depending on his mood, the answer may contain:

• An acknowledgment of a debt and a promise to pay the amount at an agreed date.
• Fundamental disagreement with the debt that has arisen, denial of the fact of its existence, refusal to pay.

In any case, the document must be saved. It may be needed as additional evidence of the existence of a debt for the court, as well as evidence of negotiations between the parties.

When to file a claim for poor quality services

When concluding a contract with a consumer, the contractor undertakes to provide quality services (Article 4 of the Law on the Protection of Consumer Rights). In case of violation of the terms of the quality agreement, the customer has the right to contact the contractor with a claim. At his choice, the client has the right to demand:

• Free correction of defects;
• Reducing the cost of services;
• Repeated provision of services;
• Payment of expenses incurred in connection with contacting another contractor to correct deficiencies.

The customer also has the right to withdraw from the contract and demand a refund.

Example. Afanasyeva E.I. I went to the dental clinic about caries. The doctor carried out the necessary treatment and installed a permanent filling. Within a week after visiting the dentist, the filling fell out of the tooth, and therefore the client contacted the dental clinic with a complaint about the quality of the dental services provided and asked for the filling to be repeated. The dentist performed the new treatment without charging the patient.

Legal consideration period for documents

It is best to fix the claim procedure for resolving disputes in the contract itself at the stage of its conclusion. Then, at the moment a dispute arises, there will be no need to look in the laws for information about response times, the possibility of going to court, etc. All this will be recorded in the service agreement itself or in an annex to it.

But it often happens that the parties, in order to save time and money, enter into a simple agreement of 1-2 pages. In this case, the person who has suffered from failure to comply with the terms of the agreement will be forced to seek protection in the civil legislation of the Russian Federation.

Important! By law, the response time for any request is 30 days. This period of time begins to run from the date the claim is received by the party not complying with the terms of the agreement. But if you have made an advance payment for the provision of services under the contract, then this period is significantly reduced.

In case of inaction in relation to written claims after a month, the party whose rights were violated has every right to sue the guilty party.

Presentation deadline

The time limit for filing a claim depends mainly on the nature of the claims being made. There are two possible options:

1. In relation to a service performed improperly, if deficiencies are detected, the customer has the right to file a claim within the warranty period or within a reasonable time (Part 2, Clause 3, Article 29 of the Federal Law of the Russian Federation “On ZPP”).
   A “reasonable period” means a period of time not exceeding 2 years from the date of provision of the service.

   Moreover, in this case, the consumer will need to prove that the deficiencies arose before the acceptance and payment for the service or for previously arising reasons (Clause 4, Article 29 of the Federal Law of the Russian Federation “On ZPP”).

2. If the service is provided in violation of the established deadlines, the law does not say exactly when the customer can file a pre-trial claim on this basis. It is understood that he will be able to do this immediately after the expiration of the period allotted under the contract for completing a specific task.

Consequences of non-compliance

If the existence of a debt has been established, and the guilty party is in no hurry to fulfill your demands, then the creditor under the service agreement can:

• Demand payment not only of the debt amount, but also of losses incurred, lost profits, interest for the use of other people's funds;
• Go to court with a demand for debt collection, citing the provisions of the civil legislation of the Russian Federation.

It is worth remembering that in all cases, if a claim is made, the contract for the provision of services will be terminated.

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What to write in a complaint?

The writing of a claim must be taken responsibly, since in the event of further appeal to the court, it will be presented in the materials of the court case:

1. From the text of the claim, all the applicant’s demands regarding the amount of debt and the timing of its repayment must be extremely clear.
2. Particular attention should be paid to the basis of the debtor's obligation to pay (agreement, receipt, primary accounting documents, etc.). If the debt arose as a result of non-payment for delivered goods, it would be logical to indicate the numbers of unpaid invoices in the claim.
3. A competent reference to legislative acts will “add weight” to the claim and indicate the unlawfulness of the debtor’s actions.
4. A mandatory point of the claim is the indication of bank details for the transfer of funds, which must match the details specified in the contract.

The claim is signed by an authorized person of the applicant: the sole executive body (General Director) or a person acting on the basis of a power of attorney. The claim must be sent to the legal address of the debtor by registered mail with acknowledgment of delivery. Additionally, the claim can also be sent by email.

Sample claim for debt collection

To: Full name of the addressee-debtor

Agreement No.___ dated “____” __________ ___ was concluded between ________________ and _________________.

(indicate the name of the applicant) (indicate the name of the debtor) (indicate the number and date of the agreement)

(hereinafter referred to as the “Agreement”). Products were delivered/work was performed/services were provided to _______________,

(indicate the name of the debtor) (select the one you need)

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which is confirmed by ___________________________________________________________________________.

(list primary supporting documents: acts, invoices, etc.)

Thus, ___________ fulfilled its obligation to supply products/perform work/

(indicate the name of the applicant) (select the one you need)

According to the terms of the Agreement, ____________ undertook to make payment within _____ days from the date

(indicate the name of the debtor) (indicate payment terms)

delivery of goods/performance of work. However, this obligation was not fulfilled.

Currently, your organization has an overdue debt in the amount of _____________________ rubles (indicate the amount of debt in words).

(indicate the amount of debt)

According to 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, and unilateral refusal to fulfill the obligation and unilateral change of its conditions are not allowed.

We demand that the debt be repaid by “___” ________ ___, otherwise _________________

(indicate the deadline for debt repayment) (indicate the name of the applicant)

will be forced to go to court to forcefully collect the debt.

We also remind you that according to paragraph 1 of Art. 395 of the Civil Code of the Russian Federation for the use of someone else’s funds due to their unlawful retention or evasion of their return, interest on the amount of these funds is subject to payment.

The amount of interest for a legal entity is determined by the bank interest rate existing at the place of its location on the day of fulfillment of the monetary obligation or its corresponding part. The Agreement does not provide for any other interest rate. Today, the discount rate (refinancing rate) of the Central Bank of the Russian Federation is 8.25% per annum.

Details for transferring funds: INN/KPP ___________, bank __________, Account account ________________, Account account __________________, BIC _________________.

(indicate the applicant’s bank details for transferring funds)

Position of the authorized person ____________________ / Full name of the authorized person /

debt collection claims in Word format (.DOC file).