How to create a sample claim for debt collection under a service agreement

Each enterprise, concluding a certain kind of contract, according to incur the corresponding risks in case of its failure. What to do with a counterparty if a contract is concluded and its conditions are not fulfilled? How to make a sample claim for debt collection? We will talk about all this in an article.

Why do I need a claim for debt collection?

Today, each enterprise concludes many agreements: deliveries, contracts, leases, services and so on.
In accordance with the terms of any of the above agreements, one of the parties assumes any obligations, and the other party undertakes to pay it in the manner and within the time limits established by the current agreement. When concluding such an agreement, counterparties study its main terms and conditions, and if there are objections, draw up a protocol of disagreements. If, under the contract, an authorized person is signed, such a contract is considered concluded, and therefore, is binding on both parties.
In accordance with the provisions of the current Civil Code of the Russian Federation, unilateral refusal to fulfill obligations assumed is not allowed.
If it is discovered that one of the parties has failed to fulfill obligations assumed under the service contract, a claim is drawn up.

Claim form

The main purpose of the claim is the peaceful settlement of disputes. As a rule, it is the last document presented to the debtor before going to court to resolve the dispute.
Debt collection claim form - written. This document is compiled in duplicate. One copy must be sent to your partner, the other should be left with you.
There is no unified form of this document, therefore it is compiled in a free form, outlining all the facts, grounds and causes of the debt.
This document must be signed by a person authorized to sign it. Ideally, this should be a leader. However, it is permitted to be sighted by another person authorized to do so on the basis of a power of attorney or other document, for example, an order, order.
Along with the claim, the counterparty must send copies of all documents confirming the fact that the creditor has fulfilled the terms of the contract, as well as the fact of the formation of the debt.

How to make a sample

Sample Claim debt collection can be easily found on any Internet resource. However, it should be noted that it is quite brief, and for greater credibility, we recommend that you adhere to the following requirements for its design:
1. The document, as a rule, is drawn up on the letterhead of the company making up the claim.
2. Be sure to indicate the name and details of the party - the recipient of the claim.
3. Designate the name of the document: “Claim” in the center of the page.
4. Further, the text should contain the following data:

• a reference to the number and date of the contract concluded between the parties.
• a list of commitments made under the terms of the contract;
• Indication of facts confirming the fulfillment of the terms of the contract by one party;
• terms of the contract in accordance with which payment for the services provided was to occur;
• facts, depending on which, the debt was formed;
• a claim indicating the period for repayment of the debt
• if necessary - a requirement to pay a penalty or a fine, if it is provided for by the terms of the agreement;
• an indication that if the requirements set forth in the claim are not fulfilled on time, the creditor will have the right to apply for recovery of the amount owed to the court.

A claim for debt collection under a service agreement (sample) is necessary in order to try to resolve the dispute between the parties peacefully.

Claim Procedure

The terms of some agreements establish a mandatory procedure for submitting a claim, and from 01.06.2016, when submitting an application to the Arbitration Court, it will be necessary to comply with the claim procedure.
In this case, it will be necessary to prove the fact of receipt of the claim by the party.
The specified document must be recorded in the journal of outgoing correspondence.
It is allowed to submit a claim in several ways:

1. Hand in person a sample claim for debt collection in the office of the other party. In this case, it will be necessary to obtain not only the signature of the person who received it, but also the seal of the enterprise. This is necessary so that the recipient of the claim does not have the right to refer to the fact that the specified document was received by an unauthorized person.
2. Send by registered letter with a list of attachments, as well as with a mail notification of receipt. Attribute List necessary to confirm that it was in this letter that the claim was sent, and no other document.
3. Send using fax, clearly fixing the time and date of sending.

Consequences of Claim

Drawing up a sample claim for debt collection, and subsequently presenting it, the creditor can count on several scenarios:

1. The debtor will pay all arrears.
2. The party - the debtor undertakes to pay the amount in a certain period, while providing a guarantee letter.
3. The creditor will be sent a reasoned response indicating the reasons for the arrears, or refusal to repay the amount.
4. The debtor will not react in any way to the letter provided.

If the claims presented in the claim are not settled by the parties peacefully, the creditor will have the right to apply to the court to resolve the dispute.
As a rule, the term should be specified in the contract response to the claim and it is established within a certain period of time from the moment the debtor receives the claim.
Here the evidence of the fact that the claim was presented to the other side will come to the rescue:

1. Signature and stamp on the copy of the claim.
2. A mailing receipt or printout from the Russian Post website containing information about the letter.
3. Information about receiving a letter from the report on sending from facsimile equipment.

Consequences of non-compliance

If the debtor does not voluntarily fulfill the requirements set forth in the claim and does not respond to its receipt, including does not provide a reasoned response, the creditor has the right:

1. Require the debtor to pay the following amounts:

• Interest on the use of funds accrued in accordance with Art. 395 of the Civil Code of the Russian Federation.
• If the terms of the contract contain this clause, file a claim for the payment of the amount of the fine or the penalty. At the same time, it is not allowed to demand the payment of a penalty and interest on the use of funds, as evidenced by numerous judicial practice.

2. Demand compensation for losses caused by failure to fulfill the terms of the contract, namely payment of debt. It should be borne in mind that the losses incurred will need to be proved by establishing a causal relationship between them and non-payment of debt.

3. Turn to the court with a requirement to collect the resulting amount of debt, referring to the provisions of the Civil Code.

In all cases, if the terms of the contract are not fulfilled, business relations between the parties will be ruined and, most likely, terminated.