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Claim consideration period - opinions of lawyers

Today we have to find out how long the claim has in practice. Indeed, in Russia it very often happens that the laws and norms prescribed in the legislation are not respected for one reason or another. And when it comes to considering any documents, then even more so. The reasons for this can be different - both respectful, and just a matter of chance.

So what are the deadlines for considering claims in law and in practice in Russia? And what do lawyers think about this? claim review period

Are claims binding?

To begin with, a few words about the claims, in principle. Are they required? And what can be?

In general, the most common case is a kind of consumer complaint. It is compiled in the prescribed manner and submitted for consideration only in two cases:

  • with dissatisfaction with the quality of services provided;
  • if relevant to the transport of goods and passengers.

In all other cases, consumer complaints are voluntary. And they are written in free form, at will.

In addition to the "consumer" claim, other types of it can also be encountered - for example, pre-trial, to an insurance company, and so on. Nevertheless, the main code of laws, which provides for a period for consideration of consumer complaints, is the Civil Code. And, of course, one should not forget about such a concept as the "Law on the Protection of Consumer Rights". We will get to know all of this later.

Unanswered question

So what can be said about our current issue? How long is the claim review period in a particular case? Honestly, it’s hard to decide here. Moreover, even in the law there is no single answer.

That is, a clear framework has not been established. In order to verify this, it is enough to turn to the Civil Code of the Russian Federation. More specifically, to Article 11. Here you will not see clear timelines by which the relevant organizations and authorities would be limited. But does this really mean that the time limit for considering a claim is unlimited? Is it really possible to be ignored altogether with an existing complaint?

statutory deadlines

Consumer Rights

Lawyers ambiguously answer this question. The thing is that our today's topic excites many citizens. But in Russia, due to the lack of clear restrictions and frameworks, one will have to try pretty hard to figure it out fully. Any claim must be considered. The question is in what terms. How long will it all last? Maybe it makes no sense to go somewhere with complaints?

Not at all. For example, the time period for considering a claim by an insurance company or any other organization has some limitations. According to the law "On Protection of Consumer Rights", this document must be considered within 10 working days from the date of receipt. But at the same time, there is still no clear-cut framework - an answer can be received both in a week, and in 10 days, and immediately after writing the “paper”.

When it comes to matters related to compulsory motor liability insurance, everything is much simpler. The term for consideration of a claim of this kind lasts 5 days. In any case, this is what the law "On the Protection of Consumer Rights" says. Not the fact that these standards are respected, but they do have a place to be.

Remember: all complaints and complaints submitted by you must be considered. And you should get an answer from them from the company in relation to which dissatisfaction was expressed.

Court

There is also a specific period for consideration of pre-trial claims. In this sense, you will have to consider quite a few features. Indeed, judicial practice per se is a responsible process.Unlike ordinary consumer dissatisfaction, here many of the rules are regulated by law. consumer review period

As already mentioned, in Russia there are no clear ideas about the timing of the consideration of claims and complaints. Instead, a so-called maximum is set. That is, the time during which this or that case can be considered. This is a very interesting question. Especially when it comes to judicial and pre-trial proceedings.

The thing is that the period for considering a claim in this case is 30 days. It is important to remember: transportation and delivery of the corresponding notice are not taken into account. That is, after you have filed a complaint, you need to wait for it to be received by the judicial authorities. For this, a notification is usually sent from the receiving side. Only then begins the countdown of 30 days. And when exactly you will receive the answer - it is already unknown. Claims can be considered both instantly and postponed for a maximum period. This is not necessary to be surprised.

Claims Unanswered

The term for consideration of a claim (Civil Code of the Russian Federation), as you see, varies. And lawyers cannot come to a definite opinion regarding this issue. Yes, by law, all claims must be considered sooner or later. Moreover, each sender must compile and send a reply to them. But this rule is only on paper.pre-trial claim review period

But in reality, the picture is a little different. Claims are most often considered only those related to litigation and pretrial proceedings. And consumer complaints remain in the background. It is this practice that can be traced.

Lawyers respond clearly: such negligence is unacceptable, but it does occur. This means that if you do not regularly “get out” a company that provided you with inappropriate services, they may simply forget about you. And the claim will not be considered at all.

Nevertheless, before the beginning of active actions it is necessary to wait about 10-14 days. In some cases, even the most responsible organizations simply do not have enough time to process all received documents. And claims are considered within 2 weeks.

And if they forgot about you?

What to do if you simply forgot about you? That is, all the terms of consideration have already expired, and no one remembers your claim. In this case, lawyers advise only two solutions.

The first is to write a second complaint. Again write what worries you and for what reasons. And repeat the filing process. Sooner or later they will answer you - when a lot of complaints will accumulate from you.The term of the claim

The second option is to go to court. According to the laws, such a decision is the most logical in violation of your rights. And the consideration of claims is also referred here.

True, winning a case can be very difficult. In most cases, companies try to prove that you either didn’t write anything, or the claim was not considered for good reason.


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