A claim is a document containing, as a rule, requirements for the proper fulfillment of the terms of the contract, addressed by one party of legal relations to the counterparty. The parties to the agreement have the right, at their discretion, to agree on a mandatory claim (pre-trial) procedure for resolving disputes arising from an agreement healed between them. However, there are also legislatively enshrined cases of the mandatory filing of a claim before going to court.
Instructions
Step 1
In the event of non-observance of the claim procedure for resolving disputes, if it is provided for by law for a specific type of agreement, the court will not consider the application until evidence of the direction of the claim is provided, as well as its rejection or abandonment.
Step 2
There is no obligatory form of response to a claim, however, in the practice of civil law relations, certain rules of business correspondence have developed, including when sending claims and replies to them.
Step 3
So, the response to the claim must contain data about the person sending it and, accordingly, information about the addressee. You should also indicate the details of the contract, regarding the execution of which the claim is sent and the response to it. For example, "To the Director of OJSC" Remzavad ", 310098, Stavropol, st. Bazmetyeva, 1 "a" Terentyev A. The. from the chairman of the board of CJSC "Dorstroy" EA Anisina, Ulyanovsk, st. Moscow on the claim under contract No. RA 4455 dated 11.11.2010."
Step 4
This is followed by an appeal and the main text with a description of the arguments and objections to the claim, if any. For example, “Dear Alexander Vladimirovich! We inform you that your claim ref. No. 25-376 dated 2010-18-06 on payment of arrears under contract No. RA 4455 dated 2010-11-11 considered. We consider it necessary to clarify that, in accordance with the terms of the specified agreement, payment can be made to the account of the contractor only after the parties have signed an acceptance certificate for the work performed. However, at present there is no evidence of OJSC "Remzavad" performing repair work on the special equipment sent to you, there are no signed acceptance certificates”.
Step 5
The conclusion sets out the result of consideration of the claim, which can be positive or negative, for example, "on the basis of the above, we consider your claim not subject to satisfaction."
The response to the claim is signed by an authorized person.
Step 6
If a response to a claim is not received within the time period established for its consideration by law or within another reasonable time, or if a negative response is received, the dispute may be referred to the court.
