Pre-trial settlement of disputes in civil proceedings, claim form

In order to reform the judicial system and simplify the procedure for resolving economic disputes, a mandatory pre-trial settlement procedure was introduced into the Civil Code of the Russian Federation. This rule is intended to relieve the judicial system of minor cases and claims that can be resolved in a simplified manner with much less financial and time costs.

Due to the low legal literacy of the population, dispute resolution turned into a lengthy routine that overloaded not only state, but also arbitration courts. With the development of economically active entities in the process of their activities, a huge number of unresolved disputes arise.

Their insignificance in terms of claims, the uncertainty of the sequence of claims and the impossibility of settlement under the existing system created serious confusion. Federal Law No. 47 of 03/02/2017 is intended to relieve the judicial system from such proceedings.

It established the mandatory pre-trial settlement as a necessary norm for resolving economic disputes. In addition, this form of resolution allows you to preserve your business reputation and allows parties to the conflict to continue cooperation, bringing business culture to a new level that was previously unattainable.

A bank’s pre-trial claim is a mild requirement to resolve a controversial issue, without sending the agreement to civil proceedings.

Typically, such a claim is sent to the debtor by mail. It does not have legal force, but thanks to it, you can contact collection officers and resolve controversial issues.

Example of a pre-trial claim

Pre-trial claim

In addition, on October 19, 2016, you acted as a guarantor for the specified transaction, which is confirmed by the guarantee agreement dated October 19, 2016, as well as the pledge agreement for movable property dated October 25, 2016, namely a KAMAZ vehicle, manufactured in 1989, state number O198RV.

In accordance with Art. 343 of the Civil Code of the Russian Federation, one of the obligations of the pledgor (since the right of ownership and use remains with the Pledgor) is the obligation to insure the pledged property against the risks of loss and damage in an amount not less than the amount of the claim secured by the pledge. A similar requirement is contained in clause 3.7 of the Vehicle Pledge Agreement dated October 25, 2016. To date, despite numerous requests, a copy of the insurance agreement has not been provided to me. In addition, in violation of Part 2 of Art. 343 of the Civil Code of the Russian Federation, you have not ensured the exercise of the right to check the documents and actual availability, quantity, condition and storage conditions of the pledged property.

Based on Part 3 of Art. 343 of the Civil Code of the Russian Federation, in the event of a gross violation by the pledgee of the obligations assigned to him, including insuring the subject of pledge, when such actions create a threat of loss or damage to the pledged property, the pledgee has the right to demand early fulfillment of the obligation secured by the pledge, and in case of non-fulfillment - foreclosure on mortgaged property.

November 20, 2016 Voskovoy A.V. a written claim for termination of the contract was sent, but was left unanswered. Based on the above and in accordance with Art. 349 of the Civil Code of the Russian Federation, taking into account the existence of an agreement on the extrajudicial foreclosure of the pledged property, I demand that, within 10 days from the date of receipt of this claim, measures be taken to transfer the pledged vehicle into my ownership. Otherwise, I will be forced to go to court with a statement of claim to foreclose on the pledged property, and to Voskova A.V. – on debt collection under a loan agreement.

12/10/2016 Masterov S.I.

We are writing a complaint

An agreement that sets out the claim procedure for resolving disputes may contain the following information:

• deadline for filing a claim;
• deadline for responding to a claim;
• the procedure for calculating the amount of penalties;
• consequences that occur in case of refusal to voluntarily satisfy the requirements.

Sample wording

The wording describing the claim procedure for resolving a dispute can be anything. For example:

• The parties agreed to resolve all disagreements related to the execution of this agreement by filing a pre-trial claim.
• The claim must contain:

• name of the counterparty;
• circumstances that are the basis for filing a claim, with references to the relevant articles of the agreement and regulatory legal acts;
• an indication of the intended method of fulfilling obligations;
• calculation of the amount required for the claim and the account number to which the funds should be transferred;
• the deadline for fulfilling obligations by the counterparty and/or the period for responding to a claim, which cannot exceed ___ days from the date on which the counterparty’s obligation should have been fulfilled, unless a different period is provided for by the contract or the legislation of the Russian Federation;
• information about the measures that will be taken if the claim is rejected (suspension of the performance of obligations by the injured party, going to court);
• date and registration number of the claim;
• signature of an authorized person;
• list of attached documents. The claim procedure includes:

A claim may be brought within the limitation period.

The Interested Party has the right to accept a claim for consideration after the expiration of the established deadlines if it recognizes a valid reason for missing the deadline for filing a claim.

If a claim is rejected in whole or in part, or if a response is not received within the time limit established for its consideration, the injured party has the right to file a claim in court.

Rules for registration and sample of pre-trial claim

If the civil rights of a person or organization are violated, it is not at all necessary to go to court to protect them. Consideration of cases in the judicial authority means significant time and money costs. Sometimes it is enough to contact the other party in writing, outlining your grievances and demands.

To do this, you need to use a sample pre-trial claim, which can be found on our website. In practice, it often happens that the negotiation method works and the author’s wishes are fully satisfied.

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What are pre-trial claims under the Civil Code of the Russian Federation and what is their role?

A claim is a written expression of dissatisfaction with the quality of goods sold or services provided, failure to fulfill obligations under the contract and the presentation of demands arising from the situation. This is a complaint indicating a violation of the rights of the originator and calling on the violator to take specific actions that can restore justice.

The claim dispute resolution procedure is an effective way to protect violated civil rights, which is used to peacefully resolve conflicts between lender and borrower, supplier and client. This scheme allows the parties to come to a common denominator while minimizing their costs. It eliminates the need for:

• pay state duty;
• hire lawyers;
• spend time drafting a lawsuit;
• transfer money for carrying out examination of goods, etc.

What is a pre-trial claim? This is a universal document that can be drawn up by a citizen of the Russian Federation or a foreigner, a commercial or non-profit company, if he believes that the goods sold to him or the work performed are not good enough, that contractual obligations have not been fulfilled by the other party in full.

Results

The parties to the contract have the right to independently prescribe the need for a claim procedure for resolving a dispute and the conditions for filing a claim and giving a response to it.
If such conditions are not specified, the requirements of the law must be followed. If pre-trial procedure is required by law, you will have to write a claim before going to court. Otherwise, the court will not consider the claim. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

In what cases is the claim procedure mandatory?

It would seem, why do you need to send letters of claim to your partner if it is obvious that it will not be possible to resolve the issue peacefully and everything will end in litigation. In practice, this step cannot be avoided: there are situations when the justice authority will not accept a claim from the injured party unless it is proven that pre-trial methods were used to resolve the conflict.

According to the provisions of the Civil Code of the Russian Federation, a pre-trial claim is required in the following situations:

1. If the need to write it is provided for by federal legislation. Thus, disputes with:
   mobile operators;
2. carriers;
3. forwarders.
4. If such a procedure is stipulated in the contract concluded between the counterparties. For example, it is stated that disagreements that arise between the parties are resolved through negotiations, and that before going to court, a dissatisfied counterparty must notify the supplier (contractor) in writing.

Failure to make a claim will add unnecessary hassle to the injured party and cause loss of time. The court has the right to leave her claim without consideration. This means that the process will only begin when the negotiation method between the two counterparties has been tried.

Why prescribe a claim procedure for resolving disputes in a contract?

As a general rule, the pre-trial dispute resolution procedure does not need to be followed.
However, if such a procedure is provided for by law or contract, you will have to write a pre-trial claim before going to court. For example, a claim can be filed with an arbitration court for many categories of disputes only if the claim was not satisfied or was ignored by the defendant within 30 calendar days from the date of submission (Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation).

ConsultantPlus has many ready-made solutions, including when pre-trial dispute resolution is mandatory. If you don't have access to the system yet, sign up for a free trial online. You can also get the current K+ price list.

However, there are many categories of disputes that do not need to be resolved out of court through a claim. When the claim procedure is not required by law, it is recommended to stipulate the obligation to comply with it in the contract. This must be done before its conclusion - the draft document will be agreed upon and signed by both parties, after which it will acquire legal force.

The obligatory observance of pre-trial procedure will provide an additional opportunity to resolve the dispute amicably. The second important consequence is the delay in the process of judicial collection, since before going to court the plaintiff will have to wait a whole month from the moment the claim is sent to the future defendant.

How to draw up a document correctly?

Drawing up a pre-trial claim is similar to preparing a lawsuit. The document must contain complete and reliable information about the parties and the scope of the dispute, references to non-current legislation, and a statement of the author’s requirements.

To write a paper without errors, you need to include the following data:

This is the person who caused harm to the author of the document and must compensate for the damage. If the offender is a minor, the recipients of the claim will be his parents (guardians).

• Addressee

A person whose rights have been violated. Indicate his full name without abbreviations, registration address, contact information for communication.

Expert opinion

Zakharov Viktor Yurievich

Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.

A “Pre-trial claim” is registered. This indicates that if attempts to resolve the conflict amicably fail, the drafter will take legal action.

• The basis on which the mutual obligations of the parties arose

For example, the number of a purchase and sale agreement or an agreement for the provision of services is written down. Or it is indicated that the money was transferred to the debtor on a receipt.

• References to legal provisions governing the legal relations of the parties

Specific numbers of articles of the Civil Code of the Russian Federation are indicated.

For example, replace the product with a similar one, carry out warranty repairs, return money against a receipt, compensate for damage caused, etc.

• The period within which the addressee must respond

It depends on the terms of the agreement concluded between the parties.

The document ends with an indication that in the absence of feedback, the author will go to court to protect his rights.

The finished document must be printed in two copies. One remains with the originator, the second is sent to the defendant. Copies of documents substantiating the requirements must be attached to the paper.

Available help in drawing up a pre-trial claim - a standard sample. Follow the logic of ready-made documents so as not to miss important points.

How to transfer the completed document to the recipient?

A claim to a debtor or a person who has not fulfilled the terms of the agreement may be sent by mail. You must select a registered letter with return receipt requested. The recipient's receipt will indicate the date when he learned about the legal claims of the injured party. This way the addressee will understand the seriousness of the intentions of the author of the document.

Important to know: Property Damage Claim: 2021 Sample

Important! A receipt confirming the sending of the document will serve as evidence of the execution of the pre-trial dispute resolution procedure.

The second way to submit a pre-trial claim is to appear in person to the general director of the offending organization or his secretary. One copy is given to the person in charge, and on the second he signs with a transcript, indicating the position and date. It is advisable that the request be assigned a registration number. The paper must be retained by the victim until the conflict is resolved.

If you hand over the paper in person, make sure there are witnesses. It is not recommended to give the document to the first representative of the defendant organization. Subsequently, the manager may refer to the fact that, based on the person’s receipt, he does not understand who he is talking about, that he did not receive any documents, or that a specific specialist does not have the authority to transmit correspondence to him.

Debtor claim form

The legislation does not establish strict requirements for the form and content of a claim. But if you have to use the claim in court in the future, it is better not to submit the claim electronically. Sending a claim on paper is easier to confirm and the debtor himself will take the claims more seriously if he receives a letter by mail with acknowledgment of delivery.

The claim is made in free form. You can read more about how to file a claim in the article: “How to correctly draw up a statement of claim for debt collection”

The meaning of the document is important. The claim must contain a statement of the essence of the problem, links to available evidence of the debt (receipts, receipts, invoices, etc.), demands for repayment of the debt and details of the parties. The debtor needs to understand that he faces not only forced collection of the debt, remuneration on it (interest), he will have to pay for the time of unlawful use of the debt (by virtue of the provisions of Article 353 of the Civil Code of the Republic of Kazakhstan), as well as legal expenses, including those paid by the creditor state duty, representative costs, enforcement costs.

You can take a ready-made claim template as a basis and fill it out taking into account specific data.

What is the processing time for claims?

According to consumer protection legislation, the period for consideration of a claim is specified in the agreement concluded by the parties. If such a provision is not in the contract, industry-specific rules apply, for example:

• for retail trade – 14 days;
• for the transportation sector – 60 days;
• for cellular communication services – 60 days.

In general, the dissatisfied party must wait until a reasonable time has passed, which is usually 30 days. If the requirements are not satisfied, you can go to court.

Claim under a contract for the provision of services or the sale and purchase of goods, under a receipt for a debt, etc. is an effective way to protect violated civil rights. Pre-trial proceedings do not require money or time, but, as practice shows, they often lead to satisfaction of consumer requirements.f

Pre-trial claim under a loan agreement

Banks almost always provide for a pre-trial procedure for resolving all contradictions and disputes between them and clients. Therefore, after 2-3 delays on the loan, the credit institution must send a claim to the address specified by the citizen.

Expert opinion

Zakharov Viktor Yurievich

Practicing lawyer with 8 years of experience. Specialization: family law. Recognized legal expert.

On the other hand, the client himself can send a complaint in cases where, from his point of view, the bank behaves in violation of the contract and the law, for example:

• provision (connection) of services that were not initially specified in the contract and for which the client did not give his consent;
• accrual of penalties, additional commissions, fines, penalties that are not clear to the client;
• incorrect behavior of employees, imposition of services by them, provision of false or incomplete information, as a result of which the client suffered financial damage and moral harm;
• claims regarding the operation of ATMs, including the failure of a financial transaction as a result of a technical malfunction of the device.

In such a document, it is necessary to clearly indicate the reason for the claim and it is especially important to pay attention to the justification, since it is possible that the document will later appear in court as additional evidence. Therefore, it is important to specify the terms of the contract and legal norms as the basis for certain claims.

The client can submit a pre-trial claim to the bank using the provided sample or another form at any time, and not only in cases where the debt is overdue and is forced to enter into communication with representatives of the credit institution.

How to properly file a claim

I always recommend sending a claim by registered mail (possibly with notification, but not required). In this case, you will have a receipt in your hands with the date of dispatch. It can be referred to in court if a dispute arises about the timing. It is imperative to check the debtor’s address, otherwise the claim will not be received at all. For organizations and individual entrepreneurs, this information is always available in extracts from the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs. These documents can be requested and immediately received through the online service on the Federal Tax Service website. In the search form, you must indicate the TIN and OGRN, the region of registration of the debtor.

If you will serve the claim in person, you need to make sure that the representative of the organization has the authority. In my practice, disputes have arisen more than once that the recipient of the document did not have such powers. Submitting a letter by mail eliminates this problem. Also keep in mind that the debtor may refuse to receive the claim, and it is impossible to force him to do this.

This is important to know: Sample claim for returning a phone of inadequate quality

How to file a claim against a debtor

It is difficult to give an example of a universal claim to a debtor. After all, the content of such a document entirely depends on the basis for the debt. Therefore, a short algorithm for drawing up a claim to a debtor is as follows:

• study the norms of the Civil Code of the Russian Federation and (or) the legislation of the Russian Federation, on the basis of which the relationship between the creditor (the one who is owed) and the debtor (who is owed) was formed. If this is unjust enrichment, it will additionally be necessary to justify at what point the debtor learned that there was no reason to keep the money and (or) property;
• Decide whether you will collect only the principal amount or both the debt and the penalty. Calculate the penalty according to special rules (for example, a claim to a developer), or according to Art. 395 of the Civil Code of the Russian Federation. Also immediately decide whether to terminate the contract and whether to apply other possible sanctions. For example, a claim to the seller may include either repair of the product, or termination of the contract and refund of funds.
• make the claim in 2 copies in writing;
• send the document by registered mail with a notification and a description of the attachment (you will then present it to the court as evidence in a civil case) or hand it in person with a receipt stamp on the second copy.

The money was not returned due to the claim, what to do next?

Didn't respond to the complaint or refused a refund? You should not expect that the debtor will be imbued with a conscience and will return the funds at least in parts. Start drafting and filing your claim right away. For the entire period while the claim was being considered by the debtor, the penalty can be recalculated. In the statement of claim, be sure to indicate that you used the pre-trial procedure for resolving the dispute, but did not find mutual understanding with the other party.

If you need help filling out a pre-trial claim or protecting your interests when collecting funds, please contact our lawyers for a consultation. We will help even in the most difficult situation!

What is a pre-trial claim?

It is not necessary to go to court, even if the rights of one of the parties have been violated. This option only leads to additional expenses, both financially and in time. Sometimes a written appeal to the other party, outlining all the circumstances and requirements, is sufficient. In such cases, a pre-trial claim is required. In practice, this method of negotiation often brings good results. It is enough to competently draw up a pre-trial demand addressed to the debtor.

A written complaint requires that one of the parties expresses dissatisfaction with the following points:

1. Sold goods.
2. Services provided.
3. Lack of fulfilled obligations.

In this connection, in the current situation, demands are made to eliminate the problem. The complaint indicates that the originator's rights have been violated. The offender is called upon to take certain actions that can correct the situation. If necessary, they will separately explain how to draw up a pre-trial claim.

There is also a definition for the claims procedure for resolving disputes. This is one of the most effective and accessible ways to protect violated rights. It is used to try to peacefully resolve the resulting conflict. The parties can reach a common agreement with minimal costs. Thanks to this solution, the following responsibilities disappear:

• Transfer of money for examination of goods.
• Waste of time drafting lawsuits.
• Hiring lawyers.
• Payment of the state fee for sending forms and checking them.

A pre-trial claim can be called a universal document, available for drawing up by foreign and Russian citizens, legal entities and individuals.

The document is sent to the second party, which spends some time reviewing it. After this, certain decisions are made and action is taken. If the requirements are not satisfied, the right to go to court for further consideration appears.

Resolving a controversial issue pre-trial will save time and money and eliminate additional hassle

What if the contract does not contain a provision for pre-trial settlement?

If the contract does not contain a provision for pre-trial settlement of the conflict, the parties must be guided by the provisions of the law. For example, if the law does not provide for the need for pre-trial settlement of a dispute, then the plaintiff will immediately be able to go to court. If, by law, pre-trial settlement is mandatory, as in the example above, then you will have to first write a claim.

Moreover, even if there is no provision for a claim procedure, the contract will be valid, and fulfillment of its terms will be binding on the parties.