The most common punishment for failure to fulfill its obligations under the contract is the accrual of a penalty or penalty. But the amount of the fine is not always adequate, so in some cases there is a possibility of its reduction.
Necessary
an agreement with a creditor
Instructions
Step 1
Write to the court a petition for a reduction in the amount of the forfeit. It is better to do this in advance so that the document is included in the case. Such a move can be useful to an entrepreneur if he has received a refusal to reduce the penalty in the court of first instance.
Step 2
You can also point to a fairly small amount of the principal in comparison with the amount of the forfeit, which is provided for in the agreement.
Step 3
Also, the forfeit can be reduced if comparing its size with the refinancing rate. And if at the time of filing a claim, the rate of the Central Bank of the Russian Federation is lower than indicated in the agreement, then the amount of contractual sanctions will be reduced. You can also compare the rate of forfeit with the rate of a bank loan, given the possibility on the part of the lender to compensate for the lack of money by means of a loan.
Step 4
The creditor does not have any economic grounds to collect a forfeit if he himself did not incur significant losses as a result of a breach of the contract by his opponent.
Step 5
You can count on a reduction in the fine if you have already made any payments in the form of interest on the use of funds. Here you can refer to article 395 of the Civil Code of the Russian Federation. This point is quite appropriate, since both interest and forfeit as penalties perform the function of compensating the creditor for his losses.
Step 6
The reason for the reduction of the forfeit may be circumstances that are beyond your control. For example, if there were changes in legislation, as a result of which you incurred unplanned expenses of time and finances.
Step 7
Pay the entire debt before your creditor goes to court. Then the payment of the full amount of the penalty will be inappropriate and it is quite possible that it will be completely canceled.
Step 8
Pay attention to the court on the specifics of the area in which you work. For example, that you work in a socially significant environment or you have difficult working conditions in the field of production.
