How to write a sample claim letter. Letter of claim

Typically, a debt repayment claim letter is used in several cases. If we talk about loan agreements, then with the help of a written claim, the owner of the loan can send the debtor a reminder that he needs to repay the debt. The letter of claim on debt repayment also contains information on the further actions of the bank in the event that the borrower does not fulfill its contractual obligations.

If the bank later goes to court to protect its financial interests, this letter will be direct evidence of the implementation of the pre-trial settlement of the dispute.

Issues discussed in the material:

Why is it mandatory to send a debt repayment claim letter

If a credit institution has decided to collect an overdue debt from a client, be it an individual or a company, then the most reliable and proven way to accomplish this task is to go to court - its decision is binding. But if on each issue the organizations and citizens would address with, then the influx of cases would create a certain collapse. For this reason, there is a clause in procedural legislation that certain procedures must be carried out without fail before filing a statement of claim. For the bank, this procedure is to send a letter of claim to the debtor with a demand to return the loan. And if, within the time allotted for this, the debtor does not fulfill his obligations under the loan agreement, the bank can safely take the claim to court - pre-trial settlement of disputes was carried out.

The loan agreement may contain a section that stipulates the obligation to carry out claim work, and the parties themselves have the right to agree on specific terms for going to court in case the debtor refuses to fulfill the claim requirements.

If the presence of a letter of claim is mandatory and spelled out in the agreement, then when filing a statement of claim, if there is no reference to it, the court will not consider the case. The judge has the right to return the claim and indicate the need for all mandatory methods of dispute settlement. When this requirement is met, the bank can re-file a claim with the court, attaching a claim letter and the debtor's response, if any.

Content and form of the letter of claim for debt repayment

If you intend to file a claim with the court, and attach the letter as evidence of pre-trial settlement of disputes, then it is recommended not to submit a demand for debt repayment in electronic form, since you will never prove that the letter was received by the addressee (it could have been deleted by accident by employees institutions, etc.). When you have submitted a written claim by registered mail with notice, it is easy to confirm. It is important that the defaulter himself, having received a letter by mail with an acknowledgment of receipt, will take the creditor's claim more seriously.

The letter of claim on debt repayment can be drawn up in free form - there are no special requirements for it when writing. The main thing is to be guided by the generally accepted rules of business correspondence. The letter does not have to bear the name "Claim", because when this document is considered in court, the emphasis will be placed on the semantic content, that all the activities for the pre-trial settlement of disputes have been carried out.

What points should be reflected in the claim:

1. Grounds for the debt. In case of violation of the contractual conditions, the letter of claim contains the details, as well as the sections that are used to calculate the debt.
2. The amount owed. Here it is required to register not only the total amount, but also its constituent parts. If penalties are subject to accounting, then a rule for their calculation is prescribed. It will not be superfluous to attach a debt calculation.
3. The time allotted to the debtor to fulfill obligations. The term is also negotiated for a reasoned refusal to repay the debt.
4. Penalties that will be applied to the debtor if he does not fulfill his obligations within the agreed period.

You can use a ready-made sample of a claim letter as a basis by filling in the necessary fields for your specific case. It will be necessary to determine the legal relationship in which the debt has appeared.

It should be understood that a claim is not an analogue of a statement of claim, so there is no need for paper, to refer to laws and regulations. But if these points are taken into account, then the weight and seriousness of the letter will increase significantly. If the debtor receives such a letter, he must clearly understand that the creditor is ready to go to extreme measures to recover the debt and go to court with a claim.

How to send a claim to the debtor?

Before going to court, the creditor is obliged to carry out a procedure called "Pre-trial settlement of disputes", therefore, strong evidence of this work should remain on hand. Judicial practice shows that two methods of sending claims to the debtor have serious weight:

• Sending by registered mail with notification;
• Handing over the letter under the personal signature of the debtor.

If the letter of claim is handed over to the debtor personally, then you must have 2 copies of the document on hand. The first is transferred to the debtor, and on the second letter he is obliged to put his signature and the date of delivery. Important! The date indicated on the letter plays a significant role, since it is from it that the countdown begins for both the creditor and the debtor.

If the debtor is a legal entity, then when serving the letter, it is important to correctly identify the person responsible for accepting the correspondence. In most cases, these functions are assigned to the secretary. In practice, no one will show the letter presenter either job descriptions or a passport. Therefore, if the legal entity is small, then it is better to achieve a personal meeting with the head and hand him a letter. This will save you from misunderstandings in the future.

The most reliable proof of claim work is the postmark on the notification that the letter has been delivered to the debtor. Judicial practice shows that the judge does not take into account the debtor's statement that he did not receive the letter of claim, since a person unauthorized to receive correspondence signed for it. It is assumed that the delivery of letters along with the rest of the correspondence occurs from the postman into the hands of a person authorized to receive mail. If you have chosen this method of sending the letter, then there will be no problems with fixing the date.

There is one BUT here! If a person deliberately avoids giving him a letter of claim to repay the debt, then the postman will not be looking for the addressee, so the paper will simply remain unhandled. The creditor in this case, together with the statement of claim, brings to the court envelopes that were sent to the debtor (individual) at the registered place of residence or legal entity at the legal address of the company. During the court session, the place will already be found out exactly where the defendant is.

What consequences await the debtor in case of refusal to fulfill the requirements of the claim letter

The letter sent to the debtor specifies the period during which it is necessary to fulfill all the requirements of the creditor. This is in the event that the defaulter agrees with his requirements. If the debtor is in a difficult financial situation, but does not refuse to meet his obligations, then this point should be conveyed to the loan holder in order to start the negotiation process on the current situation. Most often, the result of such a discussion is one of the following decisions:

If the creditor enters into the position of the debtor and accepts the new conditions for the repayment of the debt, then he may refuse to apply penalties against him. Remember that it is not uncommon to make concessions and compromise in these situations.

If the debtor is not ready for some reason to fulfill the requirements of the creditor, then he writes a refusal and substantiates it in detail. This answer also serves as the beginning of the negotiation process. The parties to the loan agreement can make reconciliation statements that will show the true state of affairs - whether there is a debt or it is absent. If the creditor is not satisfied with the debtor's justification for refusing to pay the bills, he has the right to go to court. Again, this will become possible in the event that the period for voluntary fulfillment of obligations specified in the claim expires. The debtor at any time can change his mind and pay off the debt, realizing that the litigation will entail new monetary costs and loss of time.

If the debtor has not responded to the claim, the creditor can safely carry the statement of claim to the court, after waiting for the end of the due period. The law provides for this procedure a period from 2 weeks to a month - this will depend on the type of legal relationship. If the parties come to an agreement, then this period may be increased.

Sample claim for debt repayment

The debtor, having received a letter of claim, in which the creditor discloses the negative consequences of non-payment of the debt, will think about what awaits him in the future. This is a trial, new costs for a lawyer, loss of time and nerves. The prospect of litigation in most cases is an excellent incentive to pay off debts on bills and find a way out of this situation.

If any disagreement arises 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 an exchange of illiquid products, a refund for a poor-quality product or service, payment of a debt, a fine or compensation for moral or material damage.

There are many types of claims. The most common reason for disagreements and claims is dissatisfaction with a service or product.

The letter of claim with the requirements is drawn up in writing, arbitrarily.

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

There are no clear restrictions and frameworks for drawing up claims. The composition of the letter is arbitrary, but try to maintain a formal business style when writing a claim.

In the absence of a strict form for filing a claim, it is still important to provide some data.

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

Enter your details: name, address and contact numbers.

In the middle of the sheet, write the title "Claim" and then describe the situation.

Describe the situation in as much detail and as clear as possible. Indicate the date of the incident, your actions.

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

List your requirements. Requirements should be clear and concise. Do not allow your opponent to misunderstand or misinterpret.

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

Write about the possible consequences of not meeting your requirements. Indicate that you have the right to file a lawsuit in court and demand that the requirements be enforced in court. But in addition to the stated requirements, you will demand compensation or payment of a forfeit. Make it clear to the counterparty that it is more profitable for his side to solve the case without resorting to litigation.

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

Indicate what related 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 on which the letter was compiled. Below is your signature with a transcript.

The claim statement is made 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.

In the event of the termination of the organization's activities and the absence of a successor to the rights, apply with a claim to another counterparty, to which you can apply in accordance with the legislation of the Russian Federation.

If you do not understand how to proceed in this situation and who to file a complaint with, seek advice from the consumer association.

What are the types of claims?

Entering into market relations on a daily basis, it is impossible to avoid situations of drawing up and submitting a claim to the seller.

The main reason for filing claims is related to the Consumer Rights Protection Laws.

The buyer has the right to demand the exchange of defective goods, a refund or the elimination of product defects. In accordance with this, claims are made for the exchange of goods, refunds or elimination of defects.

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

Also, a claim can be drawn up regarding the change in the clauses of the concluded agreement between the parties, or its termination, due to non-fulfillment of the clauses of the agreement 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: a purchase and sale agreement, a loan agreement, lease of premises or property. In some cases, filing a claim is optional.

A claim can be made not only based on the concluded agreement, but also on the actions of the other party, which entailed the infliction of moral or material damage. For example, a claim for compensation for damage caused by an accident.

How should a claim be filed correctly?

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

The most successful way to transfer a claim to the second party is to send it by registered mail. When sending, an attachment inventory is compiled, where the name of each document attached to the letter is written. Also, you will receive a notification of receipt of the letter of claim by the addressee. This notice will be strong evidence in case of legal proceedings.

The second way of filing a claim is by personally sending a letter to an individual or legal entity.

When handing over the letter in person, one of the copies must bear a note of receipt by the person to whom the claim was submitted. Your copy must be dated, signed and transcribed by the responsible person.

In addition to the written confirmation of the receipt of the claim by the addressee, you can bring with you a witness who, if necessary, will be able to confirm your words at the trial.

What if the claim is not accepted?

Ask for a written statement from the employee explaining the reasons for the denial of the grievance.

If you came with a witness, then you can leave the claim in a conspicuous place, and on your copy the witness will write that the claim was refused and will indicate the place where it was left. Testimony on paper is confirmed by the data of the witness, his name, passport data, date and signature with decoding.

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

How is a claim letter prepared? Features of the document Claim sample filling. Important nuances when compiling. How do I submit a claim? Timeline for response.

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A well-written appeal will help to resolve any dispute before trial

Unlike a statement of claim and a complaint, a claim is a tool for resolving a conflict between the parties before contacting state authorities.

If your rights are violated or legitimate interests are violated, you can send your claims to the guilty person, trying to solve the problem peacefully. This method is applicable in a variety of situations: when buying a defective product, providing a service of inadequate quality, obtaining insurance, relations with credit institutions and many others. In all cases, you have the right to notify the offender about your claims, hoping that he will admit that he is wrong and agree to resolve the issue out of court.

Types of claims

A consumer and civil application, depending on a variety of criteria, can have one of the following classifications:

By content	By type of contract	By addressee
● About replacement of goods with a similar one. ● About the return of the purchased goods with compensation of the full amount of funds paid for it. ● About warranty repair. ● On the correction of errors and shortcomings that were made during the provision of the service. ● On termination of the contract due to violation of its terms.	● Provision of services. ● Purchase and sale. ● Performing a certain type of work.	● Bank. ● To the carrier. ● To the developer. ● To the seller. ● Supplier. ● Insurance company and others.

A special kind is a complaint. This type of claim letter is filed when one of the parties is not satisfied with the cooperation with the other. The rules for drawing up a claim of this type oblige to record in it only those requirements that correspond to the terms of the contract.

Pre-trial claim is your will or duty

The desire of the victim to resolve the conflict in a peaceful way is quite understandable, since in this case:

• the terms for resolving the issue are reduced, the requirements of a material nature will be satisfied faster;
• there is no need to prepare a package of documents that is mandatory for submission to a public authority;
• there are no additional costs in the form of payment of state fees, examination costs.

You always have the opportunity to try to deal with the offender by indicating your requirements in the claim.

If in the appeal you refer to evidence of your innocence, it will be more profitable for the other party to resolve the situation peacefully, without unnecessary noise.

If earlier the claim procedure for resolving disputes remained at the discretion of the injured person, then since 2016, changes have been made to the Civil Code of the Russian Federation, making the procedure mandatory under certain circumstances. In Art. 4 of the Arbitration Procedure Code of the Russian Federation states that civil cases are accepted for consideration by the court only after 30 calendar days have passed after the claim has been sent to the violator. This applies to economic disputes when the result of the satisfaction of claims is the transfer of funds or material values.

The claim procedure does not have to be followed if the essence of the matter is:

• in determining the circumstances of the proceedings that have legal significance;
• in the recognition of an organization, private entrepreneur or citizen as bankrupt;
• in resolving a corporate conflict;
• in protecting the interests and rights of a group of people;
• in the implementation of proceedings based on a court order;
• in the control and assistance of arbitration in relation to the work of arbitration courts;
• in the recognition as valid and accepted for execution of decisions, acts and other legal acts issued by the authorities of foreign states.

Also, a complaint procedure is not needed if representatives of federal and local governments apply to arbitration in order to protect the public interests of people and organizations.

If, in the cases specified in the legislation, you have not gone through the mandatory procedure for the peaceful settlement of the conflict, they will refuse to accept the statement of claim.

What does "pre-trial" mean

In this case, the name speaks for itself. A pre-trial claim is what precedes a legal action. By means of a claim, the claimant declares to the counterparty his intention to protect his rights through the courts, but at the same time provides the counterparty with the opportunity to correct the situation voluntarily.

What is a pre-trial claim for?

It has already been said above that the pre-trial procedure for resolving disputes can be regulated both legally and as a result of agreements between counterparties.

At the same time, the law does not prohibit filing a claim in any dispute, even over strained relations with neighbors. In any case, the letter of claim will become tangible evidence in court proceedings.

Thus, the purpose of a claim as a legal document consists in fixing the fact of violation of the rights of the author of the claim. At the same time, the claim also fixes the time of applying for the restoration of the violated right. That is, the submission of a written claim suspends the statute of limitations. This is very important given the limited time to appeal. For example, return of defective goods is possible within 14 days from the date of purchase. If the buyer sends a claim to the seller within this period, then from the date of its submission, the 14-day period stops and remains valid for the entire period of the dispute.

Claim as evidence in a civil case

This document confirms the fact that you tried to resolve the conflict without using the tools of forced resolution of the issue. In order for it to be accepted for consideration by the court, it is necessary to observe a number of rules when drafting it.

The claim is made in writing. The legislation of the Russian Federation does not provide for a specific sample of the document. It is based on the form of an ordinary business letter, which contains:

• data of the addressee and sender: name, surname, patronymic or names of organizations, their addresses, contact information;
• the name of the document, directly indicating its purpose;
• the basis on which the parties to the relationship have mutual obligations that have become the cause of the dispute. It can be a contract, the commission of any action;
• indications of the provisions of regulatory enactments that regulate issues in the area under consideration;
• the requirements of the person who sent the claim;
• response time;
• message about filing a statement of claim in the absence of a response to the message.

Practice shows that the court's favor is ensured if the plaintiff has attempted to peacefully resolve the dispute, even in cases where the procedure is not mandatory.

The claims in the claim must have a clear wording and a precise deadline. You must be aware that any of them must be supported by evidence. If there is no written basis, then oral testimony of witnesses will do. The deadline for satisfying claims must be set real, not too burdensome for the defendant.

It is important to indicate the exact amount and give its calculation. It differs in different situations. As a rule, the price of the debtor's unfulfilled obligations, which is subject to return, is taken as a basis. Also indicated: compensation for costs associated with drawing up and sending a claim, the amount of interest and other payments specified in the contract or legislation.

When drawing up a paper, you need to focus on a possible appeal to the court. The content of the claims and the amount of monetary compensation must coincide with those that will be indicated in the statement of claim. Otherwise, the public authority will refuse to consider the case or will only partially satisfy the claim.

If the defendant has not responded to the claim within 30 days, feel free to go to court, attaching a copy of the document to the statement of claim. In this case, you still need to prove that you really sent the requirements.

There are three ways to send a message:

• the most reliable option is to hand over the claim in person against receipt, but it is often difficult to implement;
• the second way to send a document by mail, the letter must be registered with a notification of receipt by the addressee;
• the third is to send the claims by email, but this is the least reliable because not all courts accept the computer printout as evidence.

If any documents on the essence of the requirements are attached to the claim, it is necessary to indicate in the text of the document that they are attachments

In the case of sending a package of papers by mail, you should draw up an inventory of attachments in the letter.

Who to entrust the writing of the letter

In enterprises and organizations, the function of writing complaints letters most often falls on the legal adviser, the head of the department, whose interests are directly affected, or, much less often, the secretary or personally the head of the company. At the same time, the most important condition is that the compiler of the letter has an idea of ​​civil law relations and other norms of the legislation of the Russian Federation and knows how to correctly use them when writing claims.

Features of the document

The claimant can be either an ordinary person or an organization. It is sent to individuals, enterprises or state, municipal organizations.

The claim is of a business nature. All facts are stated dryly, without emotion, clearly in chronological order. The document must contain references to regulatory documents that prove the violation of the applicant's rights.

Please note that a claim and a complaint are two different documents. Of course, they are similar to each other, but they also have significant differences. The claim is considered the last chance for the person who violated the right to comply with the claims of the applicant. Otherwise, the author of the claim will go to court to resolve the dispute.

Important

If, according to the agreement, a person does not have the opportunity to resolve the conflict out of court by filing a claim, it is still necessary to send such a document. Lawyers say that in 70% of cases, the infringer fulfills the applicant's requirements without waiting for the initiation of the trial.

Rules for composing a letter

The letter of claim does not have a standard unified template that is mandatory for use. It can be compiled in free form or according to a template developed within the enterprise. However, there are a number of rules that must be followed in the process of writing it anyway.

The letter of claim should always include

• information about the sender and addressee (if we are talking about legal entities, here you must indicate their full names, as well as, - with regard to the addressee, - the position and full name of the person for whom it is intended);
• the reasons for its writing with references to the clauses of the contract, laws and other norms that were violated;
• possible solutions to the problem and sanctions (also in accordance with the legislation of the Russian Federation) that may occur for the addressee in case of inaction.

If the letter contains any amounts and terms, they must be entered both in numbers and in words.

If there is any additional evidence, they can be attached to the letter in the form of attachments (these can be checks, receipts, additional agreements, photos, links to video files, etc.). In this case, in the letter itself, it is necessary to reflect the fact of attachments, indicating their number and, if they are written, the number of pages (for each of them separately).

You can write a letter of claim both by hand and in printed form, but regardless of which path is preferred, the message must be certified with a “living” autograph of the head. At the same time, it is not necessary to put a seal on it (enterprises and organizations have been exempted from the obligation to stamp documents since the beginning of 2016).

There can be as many copies of the letter of claim as required, there are no restrictions here, but all of them must be certified properly.

The letter must be registered in the outgoing documentation journal.

How a claim letter is drawn up

A claim is an official document sent to an organization that has violated a legal human right. Often, such papers contain the applicant's requirements and a description of the problem. The document does not have a uniform form. However, it is drawn up taking into account some rules.

The ability to correctly draw up a claim helps to resolve the issue without involving the judicial authorities. There is no single sample document.

Attention! But any such letter without fail includes the following points:

• the name of the applicant, his actual address of residence, registration, as well as a contact telephone number for communication;
• the name of the organization where the claim is sent, the address of its location, registration, the full name of the head of the enterprise and his position;
• the exact address where the document is sent;
• a statement of the circumstances that led to the need to send a claim (all facts are described strictly in chronological order, without direct indication of the perpetrators and the transition to individuals);
• enumeration of the rights that have been violated;
• what the violation of the applicant's rights can lead to or has already led;
• the applicant's requirements, as well as the exact timing of their implementation;
• legislative justification of the requirements;
• date of preparation of the document and signature of the applicant.

It should be noted that a similar sample of a claim can be used to submit it to any legal organization. Some clauses may be added, but it is not recommended to exclude the above clauses.

The claim is made in writing by hand or in hard copy. The main thing is the signature of the applicant and its decryption.

Filling in the header of the letter

The sender is indicated at the top of the document, i.e. the full name of the company (in accordance with the registration papers), address and telephone number for communication are written in the required lines. Next, the recipient is entered: his name and the specific person who is directly addressed (position, surname, name and patronymic).

Then the date of compilation of the letter and its number according to the internal document flow are put, as well as the name of the document is written with a short designation of its meaning (for example, "on violation of the supply agreement").

Completing the main body of the complaint letter

This section is followed by a descriptive part.

Important nuances when compiling

When filing a claim, pay attention to some important nuances.

They will help give the document an official tone, thanks to which the paper will have greater legal force:

• if you attach any documents to your claim, be sure to list them in a separate list at the end of the paper. Design them as attachments and number them. Reflect in the text of the document how many sheets are occupied by applications;
• do not state facts that are not directly related to the problem and cannot affect the solution of the issue. There is no need to move away from the facts and tell the background. Excessive information will confuse the person who will consider the claim. In the future, it will be difficult to understand which rights have been violated;
• always make at least two copies of the claim. Send one to the person who violated your rights, keep the other. But remember, on your letterhead there must be a mark from the receiving party about familiarization with the document;
• never make accusations against the offending person. Remember, no one is guilty until proven guilty. Explain which rights have been violated, and do not assume who exactly did it.

By following these simple rules, you will be able to draw up a claim that will help resolve the conflict without involving the judiciary.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issue. Find out more here.

Sample claims

How the claim procedure is carried out

The claim procedure describes the pre-trial settlement of a dispute in the arbitration process, which includes all legislative norms and rules for negotiating and resolving issues that have arisen. There is a wide list of conditions under which the arisen disputes must be resolved and regulated exclusively in court (an example of a claim for all points will be the same).

A claim to a store or other institution can be made on the following points:

• Upon expiration of the lease agreement;
• During the expiration of the alimony agreement (a notarized agreement drawn up without the participation of a court on a voluntary basis);
• In case of violation of the conditions for fulfilling obligations regarding OSAGO insurance policies;
• If violations of the terms of delivery of mail or ordered correspondence are noticed;
• In case of disputes regarding the provision of transport services (including rail, water, air transport);
• If the conditions for the provision of communication services are violated;
• Errors or gross failure to fulfill obligations on the part of the tour operator;

You can send a letter of claim to a banking institution, insurance company, store or service salon (when selling low-quality products or providing services whose quality does not meet the stated standards). It is also relevant to file a claim against suppliers, buyers (in case of failure to fulfill the obligations assumed by the contract), tour operators, contractors.

What are the terms of consideration of the claim

According to the current legislation, the period for considering a claim is not strictly described in the norms of the law. A clear deadline is set only for relatively certain types of relations (replacement of goods, elimination of a deficiency, etc.). Differences can be in different categories of law (meaning the reasons for writing such a letter).

The deadline for responding to a claim is often set personally when drafting the clauses of a contract for the provision of a service or the supply of a particular product. If this is not in the document, then there are several regulations by which you can navigate regarding the time period for considering applications.

For example, the response to a claim (terms) according to the law in the field of transportation should not exceed 1 calendar month. When drawing up such a letter regarding violations of the terms of provision of communication services, a response can also be expected from 1 month.

For some types of contracts, a maximum dispute resolution period of 5 days is established. For example, the deadline for filing a claim for poor product quality is 14 days. It is at this time that the buyer has the right to return the product of inadequate quality. This deadline for responding to a claim under the consumer protection law is described by the provisions of the consumer protection law.

Consequences in relation to the defendant

For the defendant, a prerequisite is the response to the claim letter. This must be done in the event that even the described problem or dispute is immediately resolved. A claim, a sample of which sets the rules for its preparation, must have a response in writing or electronically (for example, by e-mail). In the absence of an answer, the claimant has the right to regard this as unwillingness to resolve the dispute on a voluntary basis. If the deadline for responding to a claim is violated, the submitter has the right to appeal to the courts or other state authorities.

In the response, it is necessary to describe that the claim was accepted (it is imperative to set the date of acceptance and describe the resolution of the dispute). The letter also agrees on the time frame for resolving the problem (for example, the period for the return of a low-quality product or the provision of not rendered services). Additionally, it is allowed to attach documentary evidence of violations of the described conditions in the claim letter itself or in response to it. The period for consideration of the letter should be within the reasonable time frame described above.

What to do if the claim is not satisfied

By filing a claim, the applicant wishes to resolve the conflict in his favor. He is confident that his demands will be met. But it so happens that the document is not satisfied. What to do in this case?

If your grievance is not approved, start preparing for the next step. Collect documents and write a statement of claim to the court. But mind you, you can involve the courts only if you are confident that you are right, and if you have enough evidence of a violation of the right.

If the company does not respond to the complaint, its actions are regarded as unwillingness to resolve the conflict peacefully. At the same time, it can be considered that your claim has not been satisfied, so it is worth writing a statement to the court.

Remember! The statement of claim is drawn up taking into account the pre-trial procedure for resolving the conflict. It describes the facts set out in the claim, as well as the fact that the document was not reviewed or satisfied.

Complaint to Rospotrebnadzor

Where can you write a complaint? Of course, to Rospotrebnadzor. This action is most effective after teaching the rejection of the seller. But what is the correct way to write a complaint? The form of the complaint is about the same as the structure of the complaint and it is written quite simply. An experienced lawyer can tell you how to write a complaint correctly.

It is possible to complain to this authority without presenting a claim to the seller. The complaint can be filed electronically through a special form on the authority's website. This form is the same legal as sending by mail. In addition, if you contact him through the site, then the answer comes much faster.

A claim to a judicial authority

If your claim is not satisfied, feel free to file a claim in court.

The document must contain the following information:

• the name of the judicial authority;
• Full name of the plaintiff, his place of residence, registration address, as well as a contact telephone number for communication;
• Full name of the defendant or the name of the company, as well as the location of the company (person), place of permanent registration, contact phone number, if any (if a claim is filed against an organization, the position and full name of the head should be indicated);
• a description of the problem with a chronological presentation of the violation of the law;
• under what circumstances the violation of the right occurred;
• the applicant's claims, as well as their legislative basis;
• the cost of the statement of claim, if the price takes place;
• information on the procedure for pre-trial settlement of the dispute;
• a list of documents attached to the statement of claim;
• date of writing the claim, signature of the applicant.

If the plaintiff does not have sufficient information about the defendant, he cannot file a claim against him in court. This is due to the fact that it will be difficult for representatives of the judicial authority to establish the identity of the defendant. Consequently, there will be no one to call for consideration of the issue.

ATTENTION! View the completed sample lawsuit in court:

State duty for filing a claim in court

When filing a statement of claim with the court, the applicant is obliged to pay a state fee. Its size directly depends on the type of claim. For example, non-property claims are considered by courts of general jurisdiction. In this case, the state duty is equal to three hundred rubles for individuals and six hundred rubles for organizations.

The amount of the state duty for filing a property claim is established on the basis of Article 333 of the Tax Code of the Russian Federation and directly depends on the price of the application.

The cost of the statement of claim	State fee
No more than 20,000 rubles	4% of the cost of the claim, but not less than 400 rubles
20 00 - 100 000 rubles	800 rubles + 3% of the amount exceeding 20,000 rubles
100,001 - 200,000 rubles	3,200 rubles + 2% of the amount exceeding 100,000 rubles
200,001 - 1,000,000 rubles	5,200 rubles + 1% of the amount exceeding 200,000 rubles
More than 1,000,000 rubles	13,200 rubles + 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles

Attention! If an application for the protection of consumer rights is considered, the plaintiff is exempted from paying the state fee. The rule applies to claims whose value does not exceed one million rubles.

How to prepare a response to a claim

If you have received a claim, you must give an answer to it. Otherwise, your inaction can be interpreted as unwillingness to resolve the issue peacefully. A written message will not be needed if all the requirements of the bearer for the sent document are met: funds are transferred, property transferred, deficiencies in service are corrected, and so on. But this is ideal.

In most cases, citizens do not agree with the claims or try to soften the conditions for fulfilling the requirements. In such a situation, when writing a response, you should indicate:

• which requirements are fully recognized and which are partially recognized;
• when they will be performed in what period of time;
• legal justification of your position with reference to regulations or an agreement with copies of those documents that the other party may not have;
• the desired deferral of payment with a schedule for the transfer of funds.

The legislation of the Russian Federation does not determine the procedure for further actions after receiving a response to a claim. If the proposed option does not suit the injured person, he can continue the correspondence, seeking the most acceptable conditions, or can immediately go to court to fully satisfy his claims.

Additional questions

Copyright Infringement - Claim Letter

Letter of claim for delays in delivery

In fact, the claim for violation of the delivery time refers to one of the varieties of claims for violation of the terms of the contract. The delivery time is one of the essential obligations specified in the contract. Therefore, its violation is a reason to apply in writing, preceding the application to the court. Such a letter can be sent from both an individual and an organization.

This document is a sample of business correspondence, therefore, it must contain the required details:

• recipient data;
• information about the sender;
• title of the document - a claim under a supply agreement;
• the essence of the claim - violation of the delivery time - with reference to the provisions of the contract;
• the signature of the CEO and / or the head of the legal department, the seal of the organization;
• attachments are an obligatory component of such a letter, they contain copies of all official papers that are indicated in the text of the claim (agreement, payment order, invoice, etc.).

At Discus LLC

legal address:

109341, Moscow, st. Novomaryinskaya, 3

From IE Lukomorov E.F., legal address:

109456, Moscow, st. Baikal. 78, apt. 12

CLAIM

March 22, 2017 IE Lukomorov E.F. (Buyer) and Discus LLC (Seller) entered into an agreement for the transfer of 10 sets of leather car covers with a total value of 45,000 rubles. with prepayment.

Under the terms of the contract (clause 3.2), the Buyer made a timely prepayment of 50% of the cost (twenty two thousand five hundred rubles). The term under the contract when the Seller was supposed to deliver the goods to the Buyer is March 30, 2017.

On the part of the Seller, the terms of the contract were not fulfilled in relation to the timing of the transfer of the goods for which the prepayment was made: as of April 5, 2017, the goods were not delivered.

According to Article 23.1 of the Law of the Russian Federation "On Protection of Consumer Rights, in a situation where the Seller, to whom the prepayment amount for the goods in the amount specified in the agreement has been paid, has not fulfilled the obligation to transfer the goods to the Buyer within the time period also established in the agreement, the consumer has the right to demand performing at your choice one of two options:

• receipt of the goods before the expiration of the new deadline set by the Buyer;
• refund of the full amount of the prepayment for the goods received by the Seller who did not deliver the goods on time.

Based on the foregoing and in accordance with Article 23.1 of the Law, I demand:

1. Deliver 10 sets of leather car seat covers within one week of the date this claim is received.
2. According to clause 4.4 of the agreement, to pay a forfeit for the violated terms of transfer of goods with an advance payment made at the rate of 1% of the prepayment amount for each day of delay.

I ask you to respond to this claim in writing within the time period specified by the current legislation.

I warn you that if my legal requirements are ignored, I will be forced to file a statement of claim with the court.

Applications:

• copy of the contract for the supply of goods No. п5н 126478 dated 03/22/2017;
• a receipt for payment in the amount of 22,500 rubles.

Letter of claim for non-compliance with the terms of the contract

If the partner has fulfilled his obligations under the contract in an improper manner or has not at all performed what he guaranteed, the rights of the infringed party can be protected by the court. But before contacting there, you must try to resolve the problem in the order of treatment. For some claims, writing a letter is required before filing a claim.

A claim should be made based on the usual requirements for this kind of documents.

1. "Hat" - information about the addressee: a natural or legal person who has violated contractual obligations.
2. Submitter data.
3. Document's name.
4. Details of the contract, the terms of which have not been fulfilled.
5. Enumeration of the violated obligations.
6. Results resulting from non-performance.
7. Time frame for correcting violations.
8. Additional information, if needed.

IMPORTANT! It should be clearly clear from the letter which facts the claim relates to, what needs to be done by the addressee in order to correct the situation, and in what time frame.

to CEO

LLC "Clean Clothes"

Petr Nikolavevich Perekosov,

legal address: 440000, Penza,

st. Kirov, 23

from Petrakovskaya Antonina Vitalievna,

living at:

440000, Penza, st. Kirov, 28

CLAIM

under the service agreement No. P7n 174836

On June 29, 2017, between A.V. Petrakovskaya (Customer) and Chistaya Odezhda LLC (Contractor), an agreement No. P7n 174836 was concluded on the provision of dry cleaning of a women's sheepskin coat.

According to clauses 4.2 and 4.3 of the aforementioned agreement, the Contractor undertook to dry-clean and sew buttons to the women's sheepskin coat by July 2, 2017, and the Customer, in accordance with clause 5.1, undertook to pay for these services upon the return of the item.

• the service of dry cleaning of the sheepskin coat was not provided;
• the buttons are not sewn to the sheepskin coat;
• the item has not been returned to the Customer.

Based on Art. 450 of the Civil Code of the Russian Federation, at the request of one of the parties, the contract can be changed or terminated in case of a significant violation of the contract by the other party. In connection with a significant violation of the terms of the contract, the Customer suffered damage, because he could not take the thing with him on the planned trip.

Based on the foregoing, I demand:

1. Immediately eliminate the violation of the terms by providing the service prescribed in the text of the contract.
2. Inform the Customer as soon as the violation is eliminated.
3. In accordance with clause 6.1 of the contract, pay the Customer a penalty in the amount of 10% of the cost of work for each day of delay.

In case of ignoring the requirements of the Customer within 10 days from the date of filing the claim, he will be forced to terminate the contract and, in order to protect his rights and legitimate interests, file a statement of claim in court, where, in addition to the return of funds, he will require the collection of legal costs, costs of paying state fees ...

Debt repayment claim letter

There may be several reasons for writing a letter demanding to pay off the resulting debt:

• violation of the terms of payment specified in the contract;
• overdue loan.

Sending a letter of claim is mandatory if it is planned to file a claim for debt collection by compulsory procedure. Without an attempt at a pre-trial settlement, as evidenced by this document, the claim will not be satisfied, and may not even be considered.

The structure of the claim letter is usual, and the content is drawn up in free form with obligatory links to the violated clauses on the terms and amount of payment under the contract. Nuances vary depending on the type of contract:

• purchase and sale;
• rent;
• work agreement;
• shipping;
• storage;
• service;
• other.

A reference to legislative acts that have been violated is desirable. It is obligatory to indicate the time frame during which the counterparty agrees to accept funds in payment of the debt without forfeit (or with the specified forfeit), without going to court.

Zalimansky Konstantin Petrovich,

residing at:

300971, Tula, st. Puzakova, 71, apt. 19

From LLC "ZhKKH-service",

legal address:

300971, Tula, st. Puzakova, 70

Claim letter

on payment of arrears

LLC "ZhKKH-service" informs you that you have a debt on payment of housing and communal services in the amount of 482 rubles. 78 kopecks, which was formed as of October 01, 2016. We inform you about the need to pay off the specified debt within a week from the date of receipt of this letter.

If the demand for payment is not fulfilled within the specified period, the water supply to your apartment will be limited, and subsequently terminated, the reconnection will be paid, in accordance with Government Decree No. 354 of May 06, 2011, section 11. In case of non-payment, the issue of debt collection will be decided in court.

We remind you that in accordance with Article 155, clause 1, the payment for housing and utilities is paid monthly by the 10th day of the month following the expired month. In case of late payment, penalties will be charged (Article 155, Clause 14 of the Housing Code of the Russian Federation). To pay off the debt and the reasons for its formation, we ask you to appear in the housing and communal services at the address: 300971, Tula, st. Puzakova, 70.

03.10.2016 General Director of Housing and Public Utilities Service LLC / Terentyev / V.V. Terentyev

Letter of claim for refund

A written request to return previously paid funds is appropriate when this problem could not be solved by direct contact. This can happen if one of the parties has not fully or incorrectly fulfilled its obligations under the contract. Most often, this situation is observed when there is dissatisfaction with the quality of the purchased goods. When a consumer wants to return it and get their money back.

Writing a letter of claim is mandatory if a disgruntled buyer plans to apply for protection of his rights in court. For this instance, it is mandatory to record the fact that the claim was first tried to be resolved out of court, but the procedure for consideration was violated or the request was not granted.

The letter of claim is drawn up in any form, but in compliance with the basic rules of office work. And since this document can be submitted to the court, it is necessary to take into account some details that will make it legally relevant, and if it is not observed, it can be deprived of this status. These include:

• data of the addressee of the claim - a person, including a legal entity, who violated the rights of the submitter;
• information about the applicant, including contact details;
• essence of the claim;
• personal signature of the submitter;
• date of compilation of the paper.

When describing the actual situation that led to the request for a refund, it is worth adhering to these recommendations.

1. Date of conclusion of the contract (purchase of goods).
2. The main obligations of the parties to the contract.
3. Which of these obligations have been violated.
4. The submitter's request for a refund.
5. Deadlines for fulfilling the requirement.
6. Measures that the applicant intends to take if his request is not satisfied.

IMPORTANT! Write a letter of claim in duplicate. Try to get a return mark on the second (in case of personal submission).

Individual entrepreneur

Razbudsky Anton Mikhailovich,

legal address: 426046, Izhevsk,

st. Pervomayskaya, 18

from Dobronravova Larisa Anatolyevna,

living at:

426024, Izhevsk, Victory Avenue, 12, apt. 85

REFUND CLAIM

Between me, L.A. Dobronravova (hereinafter the Buyer), and IE Razbudskiy A.M. (hereinafter the Seller) On May 12, 2017, an agreement was concluded No. П9н125467, according to which the Seller had to transfer the Agafyushka chest of drawers with a changing table to the Buyer in due time, and the Buyer undertook to pay the price of the goods.

The Buyer's obligations were fulfilled in full when ordering the goods on 05/12/2017. The Seller fulfilled the delivery time of the goods, but during its transfer it was discovered that the chest of drawers did not correspond to the provided sample in terms of characteristics. The fronts of the chest of drawers are made not of painted, but of film MDF, the dimensions do not coincide with the declared ones, the changing table is covered with a different material. All this does not meet the requirements established by Art. 469 of the Civil Code of the Russian Federation and Art. 4 of the Law "On Protection of Consumer Rights" - when selling goods based on a sample or description, the seller is obliged to transfer the goods that correspond to such a sample or description.

In accordance with Art. 18 of the law on the protection of consumer rights, the Buyer has the right to return the product that does not correspond to the sample and demand the return of the amount paid for it.

Based on the foregoing, I demand, within ten days from the date of receipt of this claim, to return to the Buyer the money paid by him for the Agafyushka chest of drawers with a changing table, in accordance with the issued receipt. Otherwise, the Buyer will go to court with an application for the protection of consumer rights, payment of a forfeit and compensation for moral damage.

Insurance claim

Unfortunately, it is not uncommon for an insurance company to delay payments. There are also cases with refusal to reimburse the agreed amount or with disagreement about its amount. In this case, one should not be idle. But here's how to properly write a claim to the insurance company? This is a question that has an answer.

Finally

The claim, as well as any other official document, must be drawn up in as laconic style as possible, with references to the relevant clauses of legislative acts, indicating all the details and the like. To write it, it is recommended to first study the Civil Code, in particular the law on consumer rights. In this case, the rule "Forewarned is forearmed" is unambiguously valid. Arm yourself with your knowledge of the legal aspects completely! And remember that it is your right to file a grievance and demand an answer to it. Well, how to write a claim for a product or an insurance company is no longer a question.

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Sample letter of claim (complaint)

As a rule, this is the delivery of a low-quality product (or non-delivery of goods in general), poor-quality provision of a service (or failure to provide it at all), an uncoordinated price increase, etc.

A claim, which is made by a private (individual) person to a legal entity, is written in free form on a regular A4 sheet. A claim from an entrepreneur to an entrepreneur is drawn up on the letterhead of the organization.

Like any business letter, a claim has a specific form and content:

• name of the addressee organization, position and full name of the person in charge, in whose name the claim is sent;
• outgoing letter number (for organizations) and the date of its sending;
• the reason for the claim; here it is important to clearly describe the deficiencies found and indicate the data of all documents that will confirm your claims (invoices, checks, contracts, invoices, etc.);
• requirements for the guilty party, set out clearly and specifically;
• a list of documents attached as evidence;
• position, signature and full name of the person in charge (from the organization, as a rule, the head).

A written claim is made in two copies. It can be delivered to an unscrupulous counterparty in person or, for example, sent by registered mail with notification.

A separate unified form of claim is a letter of claim for a defect (shortage) of goods. This form is filled out in the event that, upon receipt of the goods from the supplier at the buyer's warehouse, the person receiving the goods discovers discrepancies between the actual quantity and / or quality of the goods and the data of the accompanying documents (

Claim- THIS is a written request addressed to the debtor to eliminate violations of the obligation. The document is provided for. The claim specifies the essence of the creditor's claims, their reasons, the time frame for their satisfaction and a warning about a possible appeal to the court in case of default. This document must contain all the details of the applicant, be duly certified, dated and signed. It is recommended to attach to the claim copies of documents confirming the validity of the claim requirements.

CLAIM REQUIREMENTS

Claim can be made in any form, but you need to specify:

1. Who are you sending your claim to? For example, Store Director (indicate store), General Director (indicate company). You can indicate the full name of the director (if you know the full name).
2. From whom the claim. You need to indicate your full name and address, phone number - to contact you.
3. On a separate line - you need to write a CLAIM or STATEMENT
4. In the text of the claim, state the merits of the case:
   start from the beginning: For example, on March 26, 2016, I purchased a refrigerator in your store, or - I entered into an agreement with you for the provision of tourist services, then state the circumstances of the case and the essence of your claims, to substantiate the claims, it is advisable to refer to the relevant articles of laws: For example, in accordance with Article 29 of the Law "On Protection of Consumer Rights" I have the right to terminate the contract for the provision of services, since there were significant shortcomings in the service provided.
5. Be clear about your requirements. For example, I ask you to terminate the contract dated 03/21/2016 and return the 20,000 rubles paid under the contract to me.
6. Indicate at the end of the claim what your intentions are in case your requirements are not satisfied voluntarily. For example, otherwise I will have to go to court. In the statement of claim, in addition to the above, I will ask the court to recover a penalty and compensation for moral damage from your enterprise.
7. Date and signature
8. Indicate what documents you attach to the claim - for example, APPENDIX:
   a) Copy of sales receipt
   b) Copy of the warranty card
   c) A copy of the certificate from the warranty workshop

What documents are attached to the claim
Attach copies of the documents you have to the claim (statement):

• copy of the sales (cash) receipt
• copy of the warranty card
• copies of acts, certificates and other documents that you have in connection with the claim

Claims must be written in 2 copies
The claim (statement) must be written in two copies, one of which is sent to the store, and the store employees must certify the second with their signature and date. This copy will remain with you as confirmation that the store has received the claim.

How to file a claim
If the seller (manufacturer, executor) refuses to sign your copy of the claim (statement) or simply does not accept it, send it by mail (by registered mail with a list of attachments and receipt confirmation).

How the refusal should be made
Refusal to fulfill your requirements set forth in the claim must be formalized in the form of a resolution on your copy or in a separate document.

The section contains -,, , .

Photo, picture, drawing claim copy

Lease debt claim

Claim under the furniture sales contract (return of furniture)

CLAIM TEMPLATE

CLAIM TEMPLATE

CLAIM for payment of the sum insured under a personal insurance contract

CLAIM for goods delivered in an assortment that does not fully comply with that specified in the contract

CLAIM to the construction contract (due to the involvement of a third organization by the general contractor to eliminate the deficiencies made by the subcontractor)