Very often, legal entities are faced with such a problem as non-fulfillment or improper fulfillment of obligations under the contract. According to the obligations, the debtor is obliged to perform certain actions in favor of the creditor: to carry out work, transfer funds or real estate, and so on, or refrain from any action. And the creditor has the right to demand that the debtor fulfill his obligations. In the event that the debtor evades the fulfillment of obligations under the contract, it is necessary to go to court. The dispute settlement procedure must necessarily be preceded by a claim sent to the debtor on behalf of the creditor.
Instructions
Step 1
The claim text must consist of:
- the basis of the relationship between the creditor and the debtor (for example, a supply agreement);
- references to clauses of the agreement that have been violated;
- the amount of the claim with a detailed calculation;
- references to legislative acts on the basis of which the applicant makes his claims;
- the requirement itself, stated in a clear and polite manner;
- Attached copies of documents that substantiate the applicant's requirements.
Step 2
The claimant must be sure to keep a copy of the sent claim and keep the documents that confirm its direction to the addressee. This can be a receipt for sending a valuable letter, a receipt for delivery, and so on.
Step 3
In case of receiving an unsatisfactory answer or the expiration of the period for considering the claim (1 month according to the law or another period stipulated by the contract), it is imperative to file a claim with the arbitration courts (the limitation period is 3 years).
Step 4
The text of the claim should be no more than 2 typewritten pages.
Step 5
If the debtor does not fulfill his obligations after the expiration of the claim period, you can safely apply to the Arbitration Court with a statement of claim to recover the principal debt, penalties for late performance of obligations under the contract and interest for using other people's funds in accordance with Article 395 of the Civil Code of the Russian Federation.
