An important and often required step in resolving business disputes is filing a claim.
Taking into account the current practice, it is difficult to say which method this action refers to, since the goals of the claim can be completely different - from the direct resolution of the dispute and an attempt to peacefully resolve the issue with the counterparty to the formal fulfillment of the requirements of the legislation on a mandatory pre-trial procedure before going to court.
In any case, the claim must be drawn up and sent in compliance with the following requirements.
How to draft?
- correctly indicate the details of the debtor and the details of your organization (name, TIN, OGRN, legal address);
- in the text of the claim, indicate the specific contract under which you have disagreements, or describe in detail the dispute if it arose without a contract;
- count and write your demand: what you want to get as a result of the dispute resolution. These can be specific actions or the amount of debt, forfeit or interest;
- specify the deadline for the execution of the claim in accordance with the contract or law (30 days).
Who should sign?
- person that has authorities by law (e.g. director of the company) or by power of attorney.
To whom and where to send?
- if not one, but several debtors are involved in your dispute, then it is necessary to send a separate claim to each of them;
- the claim must be sent to the legal address of the debtor. Also, recently, practice allows you to do this at the address specified in the contract.
How to send?
- if in relations with a specific debtor it is customary for you to communicate by email, then the claim can be sent in this way;
- you can also hand the claim personally to the debtor against signature;
- can be sent by Russian post (or courier service) by registered mail or by by registered mail with declared value and list of enclosures;
- the main thing is that you save the confirmation of the mailing (receipts, list of enclosures, screenshot of the page on the Internet, print a copy)
Even if you do not plan to go to court and expect a peaceful settlement of the issue, TEAM always recommends adhering to these recommendations when drafting and submitting a claim. In the future, not only will it save you time before going to court, but will also significantly affect the prospects for the execution of the court decision, since the debtor will have a minimum amount of time to prepare for the court.
Contact TEAM for professional drafting of claims and advice on any issues of your business!