Time limit for consideration of a claim by law

Deadline for responding to a pre-trial claim

The time frame for the at-fault party to respond to a claim under the Consumer Protection Act varies. It all depends on the subject of the disputed legal relationship and its essence.

Refusal to comply with requirements in a claim

The law does not have clear requirements for filling out documents. The response to the claim filed by the buyer is drawn up in any form. In this case, they are based on the rules of business correspondence.

Refusal to consider the requirements in the claim and their fulfillment by the second party must be motivated. In any case, no one can guarantee that the other party will consider the letter and will definitely respond to it. Therefore, if the refusal is unmotivated or the injured party was ignored, you should go to court.

The details for responding to a claim are as follows:

1. Addressee: last name, first name, patronymic of the citizen who sent the document to the legal entity.
2. Date and place of response generation, outgoing number.
3. Reasoned justification for the refusal of the requirements specified in the complaint.
4. A list of documents that relate to the essence of the case under consideration.
5. Company seal, manager's signature.

The review deadline must be met.

REFERENCE: if the deadline for responding to a consumer complaint has been missed or a document has been received and a written refusal has been drawn up against it, you can go to court.

Deadline for responding to a claim under the Civil Code of the Russian Federation

Time limit for consideration of a complaint by the prosecutor's office

The articles of the Civil Code repeatedly repeat the idea that if the law gives the parties the right to independently agree on certain conditions, including the deadline for responding to a claim, then this must be done - this simplifies the legal relations between legal entities, as well as the work of the courts.

Additional Information! During the time allotted for consideration of the claim, the party receiving the claims must also respond to them.

If the period for settlement of claims has expired, the person who believes that his rights have been violated goes to court. In this case, the legal entity is obliged to provide evidence that the other party did not make concessions in pre-trial attempts to resolve differences. This behavior is confirmed by:

• application-claim with a note from the recipient (date, signature and transcript of the responsible employee);
• registered mail with a list of the contents and a receipt stamp;
• a written reasoned response from the counterparty, if any.

Additional Information! Responsibility for violating the deadline for providing a response may be specified in the agreement and expressed in the form of a monetary fine.

Reconciliation is better than a lawsuit

Pre-trial settlement of disagreements is aimed at maintaining the positive dynamics of contractual relations. According to the Civil Code, claims are made mandatory or at the discretion of the parties. Typically, the counterparty reviews claims and responds within 30 days, but Russian legislation often gives contracting legal entities the right to agree on a different duration of the claim procedure.

Reasons for filing a claim

The rules for filing a claim are not fixed in the legal regulations, but there are business customs that indicate the details and form of the document. The document relates to business correspondence. It is usually used in situations where one party to the contract expresses dissatisfaction with the other. It concerns the quality of fulfillment of obligations in various areas of civil law relations.

In practice, before writing a claim, the parties gather for negotiations. But they can take place not only in person, but also by telephone. If no consensus is reached based on their results, then a claim is filed.

The party’s refusal to comply with the request comes after reading the document. In practice, a claim acts as a way out of a problematic situation and helps to cope with a controversial issue. Failure to respond to it within the prescribed period, as well as refusal, exercises the right of a citizen or legal entity to go to court. But in the presence of a mandatory claim procedure. If the law allows for the protection of rights without writing a document, this step can be ignored.

A claim is a method that leads the injured party to resolve the situation peacefully. And the reasons are clear:

• the time period for resolving the issue is reduced, since the claim is resolved as quickly as possible;
• no need to collect documents to submit to court or write a claim;
• There are no additional costs for legal expenses or payment of fees for the provision of public services.

Since 2021, the law has introduced a definition that the claim procedure in specific cases is mandatory. Previously, the decision was left to the discretion of the person who suffered from poor-quality services or goods.

Reasons and rules for filing a claim

The reason for drawing up this document can only be serious reasons, and when submitting such an application, it is usually accompanied by documents and other types of applications that can prove the validity and competence of the claim. It will not be possible to “make a claim out of thin air” just for the sake of receiving compensation; most likely, the company will send a response containing a refusal to satisfy the requirements with a reasoned explanation based on the legislation of the Russian Federation.

It most likely makes no sense to go to court after this. Although sometimes companies refuse those claims that, according to legal acts, they are obliged to satisfy. This may be caused by the negligence of company employees, or it is also possible that the applicant simply completed the documentation incorrectly. To avoid such developments, you should be careful when filling out the claim.

• It is necessary to indicate the applicant's details - full name, as well as contact information;
• It is also important not to lose sight of the specific address to the official or the entire company against which the complaint is made;
• When describing the claim itself, it is worth using the maximum number of specific facts;
• The argumentation must be reasonable and based on legal aspects; When presenting demands, you also need to use the most precise wording;
• You can additionally specify a list of conflict resolution options;
• At the end there is a signature and the date the document was drawn up.

This is important to know: Complaint about the inaction of the bailiff: sample 2021

In fact, the rules are quite simple and apply to almost all official documents. Since there is no specific sample, it is quite possible to use one of the proposed options on the Internet if you have problems filling out the form yourself. If the party to whom the claim is sent does not want to consider the claim without specifying the reason, the other party can resolve the issue as follows: Contact the consumer rights protection department; Contact the district prosecutor's office with a statement; And finally, go to court for this authority to intervene in the situation.

Rules for filing a claim

The document must be drawn up correctly. This will help resolve the controversial legal relationship before trial, which will save effort and money.

The claim procedure may be mandatory by law. And also at the will of the injured person: he can draw up a document or immediately go to court. The cases where this is possible are as follows:

• determination of the circumstances of the dispute that have legal significance;
• recognition of a citizen, individual entrepreneur, LLC as insolvent;
• dispute regarding a corporate conflict, etc.

The claim must be made in writing. There is no unified model. Business correspondence is taken as the basis.

One of the options for drawing up a document

The document contains details:

• information about the parties, which are the addressee and the sender: last name, first name, patronymic, place of registration, name of the organization, legal address;
• document's name;
• the basis on which the parties came to disagreement with each other;
• reference to legal acts regulating issues in this area of ​​legal relations;
• claim requirements;
• waiting period for a response from the other party;
• notification of recourse to court if a response is not received within the specified time.

Sample letter of claim

As judicial practice shows, judges are more favorable to those plaintiffs who tried to resolve a controversial issue through a claim. But we did not receive an answer or received a refusal.

Please note a number of nuances when writing a claim:

1. The requirements set out in it must be clearly formulated and have a deadline for fulfillment. Any claim made is supported by relevant evidence. If written evidence is not available, oral evidence must be selected. The time period for consideration of the claim must be realistic for the second party.
2. If the document contains a calculation of the amount that should be returned (for example, for low-quality shoes), then it is necessary to provide compensation for the costs associated with drawing up the document, its sending, and the amount of the penalty, if they are established by law.
3. When filing a claim, you should rely on the likelihood of seeking help from the court. Both the content of the demands and the amount of money demanded by the plaintiff must match in two documents: in the claim and in the lawsuit.
4. If (as a general rule, excluding specific areas of legal relations) the answer is not received within 30 days, you can safely go to court.

Deadline for responding to a claim under the consumer protection law

The time frame for consideration of a pre-trial response claim is divided into reasonable and established in a special law in different areas of civil law relations. A reasonable period of time is the period of time during which the addressee receives the claim, carefully studies the document, fulfills its terms or refuses to do so. According to the rules, this period is 30 days.

What does it mean - a response within a reasonable time?

An indication of a reasonable period for receiving a response is contained in the Civil Code, the Arbitration Procedure Code and the Code of Civil Procedure, applicable to disputes related to the termination of lease agreements, tenancy agreements and eviction. A reasonable period is not specifically indicated anywhere, and it is hardly possible to unambiguously determine what or who can be considered reasonable. The Civil Code of the Russian Federation operates with this concept in relation to the moment of fulfillment of an obligation, the execution date of which is not defined. Reasonable behavior is assessed taking into account:

This is important to know: Can a third party appeal a court decision?

the nature of the obligation in question;

existing relationships between the parties; proven performance conditions affecting the possibility of timely execution.

In other words, the degree of reasonableness largely depends on what a particular judge considers reasonable. The established customs of the business community consider any period of more than a month unreasonable, although variations are possible. For example, we believe that under a supply contract, the performance period from the day the contract is concluded with the supplier plus the time for transporting the goods to the supplier can be considered reasonable.

Deadlines for responding to a legal entity’s claim

If legal entities argue among themselves, then the time frame for responding to claims from organizations varies. But they are fixed, subject to mandatory pre-trial consideration of a problematic economic issue.

REFERENCE: if the period is not established by the contract, then the definition of a reasonable period is put into effect.

The nuances of determining deadlines and responsibility for violating them

The deadlines are determined by law or contract. The first option is provided if the deadline is not established by the clauses of the contract. The legislator is based on the requirements of reasonableness.

This means that the one who received the claim must have time to fully study, consider, and respond. It also takes time for delivery if it is sent by mail. Therefore, the law sets a reasonable period. It is 30 days.

The period established by the contract concerns conflict situations arising in the economic activities of companies or firms.

Period for consideration of claims between legal entities

Claim based on a receipt between individuals - sample

According to Article 421 of the Civil Code of the Russian Federation, legal entities are free to enter into an agreement. The conditions are determined by agreement of the parties, except in cases where the content of the agreement is stipulated by law.

Note! The deadline for resolving a conflict situation regarding a claim may be established by law or by agreement. In the first case, the time frame may be discretionary in nature, that is, it is they that are applied unless otherwise specified in the agreement.

The deadlines for consideration of pre-trial claims by law (according to the Civil Code of the Russian Federation) for business situations in which such a procedure is mandatory are, in general, quite specific:

• Articles 445 and 452 establish 30 days for resolving disagreements (unless another period is agreed upon by the parties);
• Art. 529 - thirty days from the date of receipt of the customer’s notice of the conclusion of the contract or receipt of the draft agreement (with a list of possible disagreements);
• Art. 619 - reasonable period (implies the same period indicated above);
• Art. 797 - 30-day period in case of complete or partial refusal of the carrier to satisfy the claim;
• Art. 859 - 2 months from the date the bank sent a warning about termination of the agreement;
• Art. 1252 - a claim for damages or payment of compensation can be brought if the claim is not fully or partially satisfied or a response is not received within 30 days from the date of sending such claims (unless the parties have provided for other time frames).

Important! The reasonableness of the period is determined by preventing the counterparty from delaying the peaceful settlement of the issue, which could negatively affect the economic activity of the applicant.

The parties can always sit down at the negotiating table