Claim work and claim under 44-FZ: regulation, stages, deadlines, sample

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Published: 09/06/2018

Reading time: 6 min

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Often concluded contracts are not executed in the form in which they should be executed. At the same time, both legal entities and individuals, who can be both customers and performers under a particular contract, act as violators of existing obligations.

Concept of non-fulfillment of contract
Cases of filing a claim
Rules and procedure for filing a claim
Time frame for processing a claim and sending a response to it

To resolve such an emerging conflict, a special procedure called claims work is often used.

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

A letter of claim for non-compliance with the terms of the contract is a document in which one party makes claims to the other for not fully fulfilling the terms of the concluded contract.
This document allows you to either collect the debt or prepare the ground for filing a claim in the future. A sample of this letter is published below. The following will describe how you can and should file a claim for failure to comply with the terms of the contract.

Nuances of the claim procedure

Risks! If the mandatory pre-trial dispute resolution procedure is not followed, the court will not accept the claim and the documents will be returned to the sender. Because of this, the necessary time will be lost.

If the pre-trial procedure is not necessary, it is still advisable to send the claim. Suddenly the recipient will fulfill the demands made by the sender and the need to go to court will disappear.

If the counterparty refuses to fulfill the requirements, then interest will begin to accrue on late execution.

Recommendation! It is advisable to attach copies of documents that can confirm the sender’s requirements to the letter of claim. What if the recipient does not have them (for example, documents that indicate losses - payments and the like). Then the defendant will not declare during the trial that the plaintiff did not suffer from a breach of contract, since there is no evidence of this.

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When are claims rejected?

The main reason for the rejection of claims is the absence in the text of the document of a description of the circumstances under which legal relations and a dispute arose between the parties. Most often, the text of the complaint looks like this: your company owes me a sum of money, I ask you to pay urgently. Perhaps, having received the request, the counterparty will decide to transfer the money. But if not, and you want to sue, the court will not recognize such a claim as adequate evidence that you tried to resolve the dispute out of court.

Advice: find out the specifics of drawing up a complaint report.

In the event that the contract or law provides for a mandatory claim and the injured party does not fulfill this requirement or the court considers that the pre-trial settlement that was carried out does not comply with the requirements of civil law, the claim will be left without consideration. Moreover, in some cases the court does not even return the state duty (the procedure for calculating the state duty is established by Article 333.19 of the Tax Code of the Russian Federation).

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Why do you need to file a claim?

Before writing a letter of claim, you can make your claims orally. If there is no response from the counterparty, the claim is made in writing. You need to draw up two copies of the agreement. One is sent to the offender, the other applicant keeps for himself. The defendant puts the acceptance date and signature on the copy handed to him.

Attention! In pre-trial proceedings, the issue is resolved based on the number of the applicant’s demands and the timing of their fulfillment.

Here is a list of documents on which the plaintiff has the right to file a claim:

employment contract;
construction contract;
agreement with the provider on the supply of services;
mutual cooperation contract;
purchase or sale agreement;
agreement on shared participation in construction;
any document for the provision of utility services.

In what cases is such a document drawn up?

A claim is a document within the framework of which the pre-trial procedure for resolving conflicts is implemented, including the fulfillment of the terms of the following agreements:

civil (between citizens, between citizens and enterprises);
economic (between enterprises, including individual entrepreneurs).

The claim must be accompanied by copies of all documents that confirm the circumstances set out in it.
To understand whether you need to file a claim if your rights have been violated, first of all carefully study the contract during the execution of which a conflict arose between you and your partner. Difficulty may arise if you did not sign the agreement, but entered into civil legal relations.

Written contracts between citizens are concluded extremely rarely. But there are a number of contracts that must still be recorded on paper:

apartment rental agreements;
loan agreements;
contract agreements (performance by a citizen of a certain amount of work privately, and not as part of business activities), etc.

If the text of a written agreement states that the parties first try to resolve possible conflicts out of court by submitting claims (claim clause), then a claim must be made. Without submitting evidence to the court that this stage of conflict resolution has been completed, the person whose rights have been violated will not be able to initiate legal proceedings.

Advice: find out how the act of disagreement to the contract is drawn up.

Reasons for writing a complaint:

failure to fulfill obligations (non-delivery of goods, refusal to perform work, lack of payment, violation of the regime of use of leased property, etc.);
untimely fulfillment of obligations (delay in delivery, payment, etc.).

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A claim can be made only for those obligations that are established by the contract and violated by the counterparty.

Advice: before concluding a contract, check whether it includes the dates for the fulfillment of obligations and their volume. For example, you will not be able to make a claim for late completion of work if the contract does not have a deadline for completion.

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

The legislation says little about the text used to write a letter of claim. A letter of claim stating non-compliance with the terms of the contract must contain:

Information about both the addressee and the sender.
Title (for example, “Claim”, “Pre-trial warning”).
An indication of what the counterparty violated with links to documentation confirming the violation.
Requirements made by the sender and consequences if the counterparty does not fulfill them.
Deadline for response.
List of attached documents confirming non-fulfillment of the contract.

Expert opinion

Alexandrov Dmitry Petrovich

Practicing lawyer with 15 years of experience. Specializes in family law

Such a claim informs the counterparty that he has violated the agreement and requires that the violations be corrected. By law, this document must be presented in situations where there is confidence that the case will go to trial.

Decor

In the upper corner on the right it is written to whom the complaint is specifically addressed: an enterprise, a specific organization or a person (position, full name, address, telephone number are indicated). The word “Claim” is written in the middle of the sheet. Next, the essence is written: the date of conclusion of the contract, with whom exactly what was violated and what are the consequences of the violation.

example of writing a letter of complaint about non-compliance with the terms of the contract

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Example of writing a letter of complaint

Filling out the header of the letter

At the top of the letter you need to indicate the sender, address, and contact phone number. Then you need to indicate the recipient: the name and specifically who the sender is addressing.

After that, the date when the letter was drawn up is indicated, and the document flow number is noted.

Filling out the main part of the claim letter

This section contains a description

The reason for the claim is indicated; if it is a violation of one of the clauses of the contract or another document, then you need to write a link - enter the date, document number and essence.
If the conversation is about money, then the instructions are in numbers and in words.
Next, the claim itself is formulated (each problem is a separate point), and the fulfillment of obligations within the specified period is proposed (also in numbers and words).
Afterwards, you should inform what actions will be taken by the sender so that the problem is resolved faster (for example, filing an application with the court).
The letter should be completed with a signature (with a transcript) and the position of the person who signed must be indicated.

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Notice of violation of contract terms sample

The basis for termination of the contract may be failure to fulfill or improper performance of obligations by the counterparty in accordance with a previously concluded contract, for which the claim was filed. The notice of termination of the contract is drawn up in any form, its wording must be legally correct. It is worth considering the fact that termination of the contract is carried out unilaterally, therefore in the text of the notice it is more correct to use the term “unilateral refusal to fulfill the contract”. You should start drawing up the document with the word “Notification” and the above-mentioned phrase below it. The introductory part must contain the details of the party initiating the termination. Such details include:

full name of the enterprise (organization);
TIN, checkpoint;
legal and actual address;
Bank details;
Contact details;
details of the counterparty, which should be indicated in the form of contacting its manager “Director”.

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Some subtleties

The Law “On Protection of Consumer Rights” specifies the following deadlines within which the requirements must be met

Claim Requirements	Deadline
termination of contract, refund	up to ten days
Replacing the product with the same one	up to thirty days
trouble-shooting	deadlines are not limited, but must be reasonable
compensation for expenses and losses	compensation for expenses and losses
price reduction followed by payment of the difference	up to ten days

Sometimes, in order to resolve controversial issues, the parties draw up an agreement that sets out new terms and conditions for the provision of services, delivery of goods, or performance of specified work. The document is signed by both parties, and they begin to act on it.

The law states: if the contract has expired, the parties are still obliged to fulfill it, since failure to fulfill it entails liability (Article 425, paragraph 4 of the Civil Code of the Russian Federation).

A template for a letter of claim and a sample application to the court can be obtained from any lawyer.

A violator who ignores a complaint and does not want to find a compromise can be sued, which will help resolve the conflict.

Letter of claim for refund

When is it compiled?

It is appropriate to ask in writing for a refund of the money paid if the problem was not resolved during the appeal.

Typically, this problem occurs when the consumer is dissatisfied with the quality of the purchased product and wants to return it for a refund.

It is also necessary to write a letter of claim if you want to go to court. After all, he requires the provision of evidence that there was a pre-trial attempt to resolve the conflict, but it failed.

Letter of complaint about non-compliance with the terms of the contract

When a document is needed

The partner may not fully fulfill the obligations reflected in the agreement or may not fulfill them at all. Then the injured party has the right to go to court. But before that, you need to try to solve the problem in the order in which it was addressed. Before filing a claim, you must write a letter of claim.

Structure of a letter of claim

There are standard requirements for writing a letter; the document must contain:

Cap - information about the person who violated the contract
Information of the injured party
Document's name
Details of the unfulfilled contract
List of obligations that have been violated
Time frame within which violations must be corrected
Additional data (if necessary)

Important! Claims must be stated clearly; the recipient must understand from the letter, which contains a claim for failure to fulfill the terms of the contract, what he needs to do and by when.

A classic example of a claim letter containing a claim for non-compliance with the terms of the contract

This is important to know: Sample letter for the return of erroneously transferred funds

Letter of termination of contract (sample)

business paper with written claims for fulfillment of the terms of the contract. It is written in two copies arbitrarily, based on the facts, which is a method of eliminating the conflict without trial. The paper is issued in accordance with the provisions of the Federal Law or based on the terms of the contract. Her manager assures by signing. It notes the period for studying claims, the basis for putting them forward in accordance with the provisions of the current legislation.
An agreement to terminate the contract, legitimizing the break and eliminating judicial intervention. It mentions the names, officials and documents indicating their activities. Information about the contract is also provided, indicating the number and date of approval, and a detailed description of the reasons for the break. The agreement acquires legal force from the moment of signing, canceling the obligations of the parties to fulfill obligations under a previously accepted agreement, drawn up in two copies, certified by a signature, and sealed.

agreement of the parties who took part in it, who assumed obligations towards each other that do not contradict the Civil Code, federal laws and treaties;
if, at the request of one of the parties, the court made a decision to terminate the contract on the basis of significant violations by the other party, which led to significant losses, or in cases noted in the Civil Code and federal laws;
unilateral refusal to fulfill the contract in whole or in part, if it is permitted by law or by mutual agreement of the parties;
the circumstances on which the terms of the contract were based have changed significantly;
no agreement has been reached to transform the contract so that its terms correspond to the new circumstances.

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