Sample claim for unpaid services

Author

Sergey Ershov

Registration number in the register of lawyers of St. Petersburg – 78/5563

The services have been completed, but you still have not received the money. A claim sent to the customer under the service agreement will convince him not to delay payment. If you refuse to settle the dispute out of court or do not receive a response to the demand for debt payment within the specified period, you will be able to return the funds through the court.

What forms and sample agreements are useful for drawing up a claim?

I will tell you what grounds there are for filing a claim, how to draft it correctly, and how to formulate your requirements. You will find out which articles of the law to refer to in order to confirm the fact of violation of the terms of the agreement, within what time period and in what way the claim under the service agreement must be served on the counterparty.

I have prepared up-to-date forms and already completed sample claims on various grounds, so that you can draw up a document correctly even without legal assistance:

• Pre-trial claim form under a service agreement (DOC 24 KB).
• Sample claim for debt collection under a service agreement (DOC 27 KB).
• Claim form for payment of debt under a service agreement (DOC 18 KB).
• Sample claim for non-payment under a service agreement (DOC 19 KB).
• Claim form for reimbursement of expenses for eliminating deficiencies in services provided (DOC 40 KB).
• Sample claim between legal entities for reimbursement of expenses for eliminating deficiencies in services provided (DOC 42 KB).
• Sample claim for termination of a service contract due to a significant change in circumstances (DOC 41 KB).
• Sample claim for termination of a service contract due to its material violation (DOC 40 KB).
• Sample claim for a refund for services due to failure to provide necessary and reliable information (DOC 17 KB).
• Sample claim from the customer to the contractor for a refund due to the fact that the service was not provided (DOC 16 KB).
• Sample claim in connection with violation of terms of provision of services (DOC 16 KB).
• Claim under a contract for the provision of transport services in case of violation of the payment deadline (DOC 14 KB).

What is a receipt debt?

IOUs occur when one individual makes a loan to another individual. Not only cash, but also things defined by generic characteristics can be transferred as a loan. To confirm the fact of the loan and its terms, a receipt from the borrower or another document certifying the transfer by the lender of a certain amount of money or a certain number of things to him may be presented.

If you have a written agreement or receipt, you can safely go to court. However, failure to comply with the simple written form of the contract deprives the parties of the right in the event of a dispute to refer to witness testimony to confirm the transaction and its terms, but does not deprive them of the right to provide written and other evidence.

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What is a claim and when is it submitted?

If the counterparty has violated the terms of the agreement, draw up a claim and hand it to him.
Service agreements (SAA) include agreements for the provision of communication services, medical, veterinary, consulting, auditing, information, legal, security and advertising services - Art. 779 of the Civil Code of the Russian Federation. The preschool educational institution also provides services for training, assessment, electricity transmission, tourism and transport services.

Obligations under the contract must be fulfilled properly - Art. 309 of the Civil Code of the Russian Federation. If the other party unreasonably delays the deadlines for completion or payment, or the quality or volume of services provided do not comply with the established terms of the agreement, file a claim and send it to the counterparty.

Important! A claim under a paid services agreement is a written request to the counterparty with a demand to resolve a dispute arising in connection with a violation of obligations. The essence of the document is to make it clear to the other party of the DOU that solving the problem without resorting to litigation is much more profitable for it.

If the counterparty refuses to satisfy your demands, or after the expiration of the period specified in the letter for correcting violations, you have the right to file a claim in court and achieve fulfillment of the stated requirements, as well as to recover a penalty and legal costs. The claim in this case will confirm compliance with the pre-trial procedure and the attempts you have made to resolve the dispute peacefully.

Thus, under a contract for the provision of services for a fee, the following types of claims can be made:

• Informal, which is sent to the counterparty when disagreements arise regarding the DOU. Its task is to encourage the fulfillment of obligations out of court. The general meaning of the document is to remind the other party about the expired deadlines and the amounts of unfulfilled obligations.
• Mandatory, which is presented in order to comply with the pre-trial (claim) procedure for resolving a dispute established by law or agreement. It specifies both the requirements for the counterparty and a message about the intention, in case of failure to fulfill obligations, to go to court to protect their rights.

When should you file a claim?

A claim under a service agreement is sent to an unscrupulous counterparty when:

1. The desire to resolve the conflict without involving the judiciary - often violations are corrected after receiving a written message of the intention to collect through the court not only the debt for the preschool educational institution, but also the amount of the penalty, and the state duty, and the costs of legal assistance.
2. The need to fix the date of fulfillment of the obligation - if the preschool educational institution did not agree on the deadline for the performance of services or their payment, or this period is determined by the moment of demand - Art. 314 Civil Code of the Russian Federation.
3. The desire to change or terminate the preschool educational institution - Art. 452 of the Civil Code of the Russian Federation. In this case, the claim contains a proposal to change the clauses of the concluded agreement or a demand for its termination due to failure to fulfill obligations by the counterparty.
4. Decisions to defend their rights and interests in court - if compliance with pre-trial procedures (resolution of disputes by filing a claim) is provided for by the service agreement or by law.

Filing a claim is a mandatory condition for moving to the judicial stage and for the court to accept the statement of claim:

• For all disputes related to the collection of funds - Art. 4 Arbitration Procedure Code of the Russian Federation.
• Upon receipt of the counterparty's refusal to change or terminate the contract - Art. 452 of the Civil Code of the Russian Federation.
• For disputes arising from cargo transportation - clause 1 of Art. 797 Civil Code of the Russian Federation.
• For disputes arising from the contract for the provision of communication services - clause 4 of Art. 55 Federal Law No. 126.

Important! Confirmation of compliance with the pre-trial (claim) procedure when going to court will be a copy of the claim and documents confirming its sending to the address of the counterparty. Be sure to save postal receipts, documents from the delivery service, a copy of the claim with the recipient’s signature, etc.

Is there any point in filing a claim if there is no contract for the provision of services?

If the contract for the provision of services is lost or not signed, if you only have a fax copy in your hands, or the contract was signed by an unauthorized person, or it was concluded in words, this does not mean that there was no transaction.

Failure to comply with the simple written form of the contract does not entail its automatic recognition as invalid or unconcluded: a contract for the provision of paid services can be concluded in any form - Art. 434 Civil Code of the Russian Federation, ch. 39 of the Civil Code of the Russian Federation.

If the case goes to court, you will be able to confirm the existence of a legal relationship if there is evidence of the actual provision of services, i.e. documents that indicate the agreement of the parties and (or) the actual execution of the DOU:

• Customer requests.
• Issued by the contractor and paid invoices.
• Waybills with taxation and a mark on receipt of services.
• Other written evidence of negotiations on the provision of services.
• Correspondence, incl. and electronic.

Therefore, in the absence of a written contract for the provision of services, the chances of achieving the fulfillment of obligations by an unscrupulous counterparty are high. Send the claim to the other party, indicating in it the option of pre-trial resolution of the problem, the period for eliminating the violations and the consequences of failure to comply with your requirements.

Important! A claim that the counterparty agrees with will serve in court as evidence of the existence of a legal relationship.

If the agreement is declared invalid or not concluded, then the court may regard the actual relationship between the parties as a one-time transaction for the provision of services for a fee. In this case:

1. The customer will only be able to demand the return of the advance payment for services not provided, claiming in a claim for unjust enrichment of the contractor - Art. 1102 of the Civil Code of the Russian Federation.
2. The customer will be able to demand payment of interest for the use of other people's funds - Art. 395 of the Civil Code of the Russian Federation.
3. The contractor can only recover the cost of services provided and accepted by the customer as unjust enrichment - Art. 1102 of the Civil Code of the Russian Federation.
4. In case of late payment, the Contractor has the right to demand interest accrual under Art. 395 of the Civil Code of the Russian Federation.

Important! If the services were not provided or the customer refused to accept them, if the customer did not pay the invoice issued by the contractor, and no response was received to the complaint, the court may recognize the absence of a contractual relationship between the parties. In this case, it will not be possible to collect the debt.

How to compose correctly

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

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

The claim reflects:

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

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

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

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

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

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

The addressee must respond to the claim. He can:

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

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

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

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

According to the service agreement

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

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

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

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According to the supply agreement

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

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

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

Claims under supply contracts are often submitted if:

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

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

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

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

For cargo transportation

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

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

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

According to the lease agreement

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

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

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

For utilities

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

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

Video: how to get money back using a claim

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

According to accounts receivable

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

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

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

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

By salary

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

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

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

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

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

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

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

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

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

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

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Complete the document with points to indicate:

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

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

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

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

How to file a claim under a service agreement

The claim must be made in writing, it must be substantiated and motivated.
At the legislative level, the form of the claim under the service agreement is not established. Therefore, when compiling it, it is advisable to adhere to the general rules developed by business and judicial practice, as well as the requirements for the preparation of documents given in GOST R 7.0.97-2016:

1. The claim must be submitted in writing - written on a sheet of any size by hand or typed on a computer.
2. In its structure and form, the claim must comply with the standards of office work, and in content and text - with the rules of the Russian language.
3. The document is drawn up in two copies - one for each party.
4. If the addressee is a company, then indicate the name in the nominative case, and if a person - in the dative (“to whom”).
5. All amounts in the claim are given in numbers and in words.
6. If the sender is a legal entity or individual entrepreneur, it is advisable to place the text of the claim on letterhead containing the organization’s details.
7. If the claim is made on behalf of a legal entity, it must be signed personally by the head or a person authorized to sign such documents.
8. Without a signature, the claim has no legal force - the use of facsimile autographs is excluded, the signature must only be “live”.
9. The organization's seal is placed on the document if this norm is prescribed in local regulations. The seal should not go over the signature.
10. The claim should be registered in the journals of documents and outgoing correspondence.

Who files the pre-trial claim?

The party to the contract whose rights and interests have been violated makes a claim. This may be the customer of the services or their performer - legal entities, individual entrepreneurs and individuals.

You can create a document:

• independently, using the recommendations below or downloading the appropriate form posted at the beginning of this article, filling it out according to the sample provided for a specific situation and signing it personally;
• by entrusting this task to in-house counsel or any employee of the company - this person must have the authority to make claims on behalf of the organization;
• If you turn to third parties for help (third-party lawyers, representatives), you should issue them a power of attorney with the right to sign claims on your behalf or on behalf of the company.

See also:

Legal advice from lawyer Sergei Ershov in St. Petersburg

Legal analysis and drafting of documents - service of lawyer Sergei Ershov

How to write a claim - step-by-step instructions

The claim includes several information blocks:

1. Details of the parties to the agreement.
2. Document's name.
3. Introductory part.
4. Grounds for filing a claim.
5. Demands against the violator or proposals to resolve the dispute.
6. Deadline for fulfilling requirements.
7. Warning about the consequences of ignoring the offer.
8. List of attached documents.
9. Date and signature.

I have prepared step-by-step instructions for you with recommendations for design and content. With its help, you will be able to draw up a letter of claim to your counterparty without resorting to legal assistance.

Step 1

If the contract for the provision of paid services was concluded in writing, carefully study it. If there is a clause on the form and content of the claim, the instructions given in the DOU must be followed.

If the contract is oral or you acted without it, make sure that you have documents confirming the existence of contractual legal relations: an invoice issued and paid, an acceptance certificate signed by both parties, etc.

Step 2

Fill out the “header” of the document - indicate on the right side of the sheet (approximately 1/3 of A4 size):

1. Information about the sender - the name of your organization or full name for individual entrepreneurs and individuals, address, phone number and email.
2. Recipient details (under the details of the document author): for legal entities. persons - position (for example, director), company name, surname and initials of the manager, legal address; for individual entrepreneurs and individuals - last name, first name and patronymic, registration address. The counterparty's details are usually taken from the contract.

Step 3

The title is written in the center. Indicate the name of the document and the number of the agreement on the basis on which it is drawn up: “Claim under a contract for compensation.

It is important that the title makes it clear what kind of document this is and what it is about. Avoid titles such as “Notice”, “Demand”, etc. This will allow you to avoid ambiguous interpretation of your correspondence with your counterparty.

Step 4

The introductory part should identify your legal relationship with the counterparty. Please indicate:

• number, date and place of conclusion of the service agreement;
• subject of the contract and its value;
• other essential terms of the contract.

If there is no DOU in writing, you must refer to other documents confirming the existence of a contractual relationship (invoice, acceptance certificate, etc.).

On a note. Align this block and all subsequent ones to the width of the sheet.

Step 5

Briefly outline the essence of the violations that served as the basis for filing the claim: list them, in the text provide links to the clauses of the contract confirming non-fulfillment or improper fulfillment of obligations. Do not quote the terms of the contract, but simply point to the relevant clause.

It is advisable to refer to legislative norms in the text - this will make it clear to the recipient that you are sufficiently savvy in legal matters and will defend your violated rights and interests in court.

Typically, the DOU indicates the following violations on the part of the counterparty:

• Services were not provided in full.
• The quality of the services provided does not correspond to that established by the agreement.
• The nature of the services provided does not comply with the contract.
• The deadlines for the provision of services were violated.
• Payment deadlines were violated.

Also indicate that you have fulfilled your part of the obligations under the DOU in full or in the agreed part: “Made payment for, “All documents have been transferred to the contractor...”, etc.

In the text, provide a link to a document confirming your arguments: a receipt, payment order, etc.

Step 6

State your requirements for the counterparty clearly and logically. They must be based on the content of the contract and the actual events surrounding the violation.

Important! If you indicate the amount of debt in the requirements, do not forget to write it down in numbers and words. It is also important to note in the claim the bank details for transferring funds.

If in your claim you ask for the return of the principal debt, then for claims for interest and penalties, the claim procedure will be considered complied with, even if they are not indicated in the text.

The discrepancy between the amounts of the penalty specified in the claim and the statement of claim does not indicate non-compliance with the claim procedure for resolving the dispute - clause 11 “Review of practice on the mandatory pre-trial procedure for resolving the dispute.”

Step 7

Set a deadline for reviewing the claim and fulfilling your requirements.

Step 8

Warn the counterparty of your intention to go to court if it refuses to eliminate its violations. List the consequences of refusal: fines, attorney fees, and court costs.

You can also describe in the body of the letter the advantages of resolving the dispute peacefully: “Fulfilling the requirements will save your time, nerves and money, and will also create the prerequisites for our further cooperation in other commercial projects.”

Step 9

List in the form of a numbered list the documents that confirm the factual circumstances of the filing of the claim and your authority to sign the document. If the claim is accompanied by receipts, checks, additional agreements, photos and videos of evidence of violations, mention them in the claim.

Step 10

Enter the date the document was compiled. The claim must be signed personally - by the head of the company or by a person acting on the basis of a power of attorney.

What to demand in a claim

The signature on the claim must be “live.”
The requirements presented in the claim depend on which clauses of the service agreement are violated. Each party has the right to announce its intention to recover through the court also a contractual penalty for delay, a penalty or a fine, as well as legal costs, incl. and legal fees.

Important! If the terms of the contract are violated, both parties may insist on payment of a legal penalty, regardless of whether the obligation to pay it is provided for by agreement of the parties - Art. 332 of the Civil Code of the Russian Federation.

If the rules on the protection of consumer rights are applied to the contract for the provision of services, then if there is a delay in the execution of the contract, a penalty (penalty) can be demanded from the contractor for each day of delay.

What the contractor has the right to demand from the customer

The Contractor may require from the customer:

1. Accept and pay for services if the counterparty for some reason refuses to accept.
2. Pay for services provided of proper quality.
3. Pay the debt if the deadline for fulfilling financial obligations has expired.
4. Make an advance payment, which is provided for in the contract, but has not been made.
5. Follow a certain procedure for acceptance and transfer of services.
6. Terminate or change the contract.
7. Reimburse actual expenses incurred in the event of a unilateral refusal by the customer from the contract.

What the customer has the right to demand from the contractor

In the customer's claim against the contractor, you can demand:

1. Return of advance payment.
2. Immediate provision of overdue services.
3. Reducing the cost of services provided that he was not satisfied with their quality or quantity.
4. Eliminate deficiencies or negative consequences of the service provided free of charge.
5. Re-provide the service if the identified deficiencies cannot be eliminated.
6. Reimburse amounts spent on eliminating deficiencies by third parties or on your own.
7. Pay for expert opinions in case of poor quality performance.
8. Full compensation for losses in connection with termination of the contract at the initiative of the contractor.
9. Termination or modification of the contract.

What legal norms should be referred to in a claim under preschool educational institution?

References to legislative norms give credibility to the pre-trial claim and indicate the unlawfulness of the debtor’s actions. You can refer to the following standards:

• Art. 309 of the Civil Code of the Russian Federation - obligations must be fulfilled properly.
• Clause 1 Art. 779 of the Civil Code of the Russian Federation - the contractor is obliged, on the instructions of the customer, to provide services, and the customer to pay for them.
• Art. 780 of the Civil Code of the Russian Federation - the contractor is obliged to provide services personally, unless otherwise provided by the terms of the contract.
• Clause 1 Art. 781 of the Civil Code of the Russian Federation - the customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services.
• Clause 2 Art. 781 of the Civil Code of the Russian Federation - if performance is impossible due to the fault of the customer, services are subject to payment in full.
• Clause 3 Art. 781 of the Civil Code of the Russian Federation - if performance is impossible due to circumstances beyond the control of the parties, the customer shall reimburse the contractor for the expenses actually incurred by him.
• Clause 1 Art. 782 of the Civil Code of the Russian Federation - if the customer unilaterally refuses to fulfill the contract, he must pay the contractor the expenses actually incurred by him.
• Clause 2 Art. 782 of the Civil Code of the Russian Federation - if the contractor unilaterally refuses the contract, he must fully compensate the customer for losses.
• Clause 1 Art. 307 of the Civil Code of the Russian Federation - each party has the right to demand from the debtor the fulfillment of his obligations.
• Clause 3 Art. 307 of the Civil Code of the Russian Federation - the parties to the contract are obliged to act in good faith, taking into account the rights and legitimate interests of each other, providing the necessary assistance, as well as providing each other with the necessary information.
• Art. 314 of the Civil Code of the Russian Federation - obligations must be fulfilled within the period specified in the contract.

If the customer is a citizen who uses the services exclusively for personal, family, household and other needs not related to business activities, the claim can refer to the norms of Federal Law No. 2300-1 “On the Protection of Consumer Rights”:

• Art. 28 - consequences of violation by the contractor of the terms of provision of services to the consumer.
• Art. 29 - responsibility of the parties and rights of the consumer when deficiencies in the service provided are discovered.
• Art. 36 - the duty of the contractor to inform the consumer.
• Art. 37 - procedure and form of payment for services provided.

General drafting rules

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

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

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

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

Sample

This document does not have a clearly approved form. If one person wrote to another that it is time to pay their debts, describing the situation, referring to the contract and regulatory documents, indicating exactly the amount of the debt, then this is already a document that can be called a claim. The main thing is that it is clear who is making demands, to whom and for what reasons.

This is also important to know:
How to file a claim based on a receipt for debt collection, how to collect a debt?

As a guide to the form of such a document, you can take a sample statement of claim for debt collection. It is enough to remove all information about the court, replace the words plaintiff and defendant with debtor and creditor, and the claim as a legally significant document will be ready.

What are the features of drawing up a pre-trial claim?

There is no single standard form for a pre-trial claim under a service agreement.
When preparing a claim, you should take into account the possibility that the counterparty will not appreciate the seriousness of your intentions and decide not to fulfill your obligations. You will have to go to court.

The court may find the claim procedure not followed, which will result in leaving the claim without consideration and you will have to re-file the claim, correcting the existing shortcomings in it.

I recommend paying attention to the following nuances:

1. The details of the counterparty must correspond to reality and be specified correctly.
2. The claims and claims must be the same.
3. The requirements must be construed unambiguously.
4. If your requirements are monetary, please indicate the details of the account to which the money needs to be transferred.
5. The text should indicate the amount of the principal debt, and it is also advisable to mention the obligation to bear responsibility in the form of penalties (fines, fines, interest for the use of other people's funds).
6. If the claim does not indicate a deadline for fulfilling the requirements, the court may consider your claim to be unlimited.

Important! You must have a document in your hands confirming that the claim was sent to the addressee. When filing a claim in court, you will need proof of compliance with the pre-trial procedure for resolving the dispute.

Consequences of non-compliance

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

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

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

Watch the video. We provided poor-quality services under a contract, what should we do?

How to submit a claim

The contract for the provision of services may provide for any method of filing a claim - and it should be followed. If there is no such clause in the agreement, then it is recommended to present a written demand to the counterparty in one of the following ways:

1. By sending it to the address specified in the contract or to the legal address of the counterparty by a valuable letter with a list of the contents and a receipt.
2. Submit the claim to the authorized representative against signature. It will not be superfluous to affix a stamp of the organization, indicating the incoming number, date, position and full name. receiving person.

What are the deadlines for filing a claim?

The period for filing a claim under a service agreement is determined by the concluded agreement.

If the preschool educational institution sets a deadline for filing a claim, and you violated it, this is a reason for refusing not only to satisfy the requirements, but also to refuse a claim based on this claim.

It is in your interests to file a claim as soon as possible - the more time passes, the more difficult it is to prove the guilt of the counterparty.

If the customer is a citizen who orders services from a contractor-entrepreneur for his personal (household) needs, when determining the deadline for filing a claim, the rules of the Law on the Protection of Consumer Rights - Ch. III Federal Law No. 2300-1.

Important! The time it takes to detect deficiencies depends on their severity. If the shortcomings are obvious, then they need to be identified when the customer receives the services or their result from the contractor. Moreover, inadequate quality must be reported to the contractor immediately.

The general provisions on contracting and household contracting also apply to a contract for the provision of services for a fee:

• Claims related to defects in the work result can be submitted during the warranty period, and if the warranty period is less than 2 years and the defects in the work result are discovered by the customer after its expiration, but within two years - Art. 724 Civil Code of the Russian Federation.
• If defects in the work result are discovered from the moment of acceptance or during the warranty period or a reasonable period, but no later than 2 years (for real estate no later than 5 years) - Art. 737 Civil Code of the Russian Federation.

If the deadline for filing a claim with the DOU is not specified, then the document should be sent to the counterparty within a reasonable time, which should include time to assess the current situation, to make decisions and time to draw up the document.

The statute of limitations should not be ignored either - the general period for applying to court for protection is 3 years from the day the plaintiff learned that his rights were violated. It is used in most cases. Exceptions are cases provided for by law:

• For the transportation of cargo, the period is 1 year from the moment determined in accordance with transport charters and codes - Art. 797 Civil Code of the Russian Federation.
• In terms of quality within a reasonable time, but no later than 2 years - Art. 737 Civil Code of the Russian Federation.

Submission deadlines

There are no uniform deadlines for filing a claim under the law. They are provided for by agreement between the parties to the transaction.

Demands for good faith provision of services or payment for them should be made within a reasonable time. It provides time during which the parties were able to fully assess the current situation, draw conclusions and begin to act.

An effective way to convey the content of a claim to the recipient is the threat of criminal punishment, for example, under Art. 195 of the Criminal Code of the Russian Federation (fraud).

After receiving an official response or if a response to the claim is not received, you should begin preparing a statement of claim to the court.

A pre-trial claim under an agreement for the provision of paid services will be evidence of the foresight of the parties and their desire to solve the problem without resorting to burdensome litigation. The document should be drawn up taking into account the specific situation.

It is necessary to analyze all the circumstances, study the laws, write a text that is understandable to the recipient and convincing in its content.

To write a claim, therefore, you will need to familiarize yourself with the obligations of the contractor and the rights of the customer in other sources.

After writing a complaint

The consequences of sending a claim to the counterparty may be as follows:

• He will fulfill the requirements specified in the document in full.
• The requirements will be partially satisfied, providing a refusal for the remaining part - you can prepare a statement of claim for the remaining unfulfilled part of the requirements.
• He will refuse the claim or your demands will be ignored - the expiration of the response period gives you the right to go to court.

If the deadline for a response was not specified either in the contract for the provision of services or in the claim - on the basis of Part 5 of Art. 4 of the Arbitration Procedure Code of the Russian Federation, you have the right to go to court after the expiration of the 30-day period.

Remember

1. Both the customer of services and the provider have the right to make a claim.
2. A claim under a service agreement must be made in writing, taking into account the rules of business turnover and the Russian language.
3. The claim can be filed by hand or typed on a computer; a sheet of any format or the organization’s letterhead will do.
4. The essence of the claim, demand and ways to resolve the dispute should be stated clearly, without ambiguous interpretation.
5. In the body of the letter, refer to the clauses of the service agreement, the norms of the Civil Code of the Russian Federation and other regulatory and legislative acts.
6. All amounts in the claim are given in numbers and in words.
7. Without a signature, the claim has no legal force - the use of facsimile autographs is excluded, there must only be a “live” signature.
8. The organization's seal is placed on the document if this norm is prescribed in local regulations.
9. The document is drawn up in two copies - one for each party.
10. The claim should be submitted in the manner specified in the service agreement. If this clause is missing, give preference to delivery against signature or send it by Russian Post in a valuable letter with a list of the contents and a notification of delivery.
11. To recognize the pre-trial procedure as complied with, the requirements in the claim must comply with the requirements set out in the statement of claim. In this case, the amount of fines, penalties and interest may not be indicated in the letter.

Have you filed a claim under a service agreement yourself? Were you able to convince your counterparty to resolve the conflict out of court?