When drafting and sending a claim letter is not required

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When considering certain categories of cases, it is not mandatory to file a claim:

about facts of legal significance;

on the recovery of compensation for violation of the terms of judicial proceedings or the execution of decisions;

on the protection of the interests of a group of persons;

on challenging decisions of arbitration courts.

In some cases, the pre-trial procedure is considered to be observed by the following entities:

by the assignee - if the claim procedure was observed by the original creditor before notifying the debtor of the transfer of the right of claim;

by the plaintiff - when replacing the defendant, if the claims have already been presented to the original plaintiff.

Sometimes other conciliation procedures, such as albania email list 215428 contact leads mediation, are conducted between the parties to the contract. This is permissible only if the law allows for changes to the pre-trial settlement procedure and these changes are recorded by the parties in writing. The parties determine the terms and conditions for such a conciliation procedure, after which the relevant documents are submitted to the court: protocols of disagreement, an agreement to terminate mediation without reaching an agreement, etc.


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Checklist: How to Achieve Your Goals in Negotiations with Clients
Frequently asked questions about the claim letter
The form of the claim is not defined by the regulatory legal acts of the Russian Federation. But it must be submitted in writing and contain a clear statement of your demands and the deadlines for their fulfillment by the guilty party, as well as an exact indication of the amount to be paid and its calculation. Documents confirming your right must be attached to the claim.

The appeal should be sent by registered mail with a list of attachments or by e-mail. The most reliable method is personal delivery to the addressee with a receipt and incoming number. If all rules are followed, the claim will have legal force and will contribute to the settlement of the dispute peacefully. This allows you to save time and quickly reach a solution to emerging controversial situations in business.

Within what time period must the counterparty respond to a letter of claim?
The period for responding to a claim for failure to comply with the terms of a contract may be established by law or by agreement of the parties in the contract itself. Typically, this period is from 10 to 30 days. For example, if the Arbitration Procedure Code of the Russian Federation establishes a mandatory procedure, and the contract does not specify a period, then the response must be given within 30 calendar days from the date of sending the claim (Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation). In this case, the absence of a response does not affect the compliance of the party that sent the claim with the mandatory procedure.

What are the options for the recipient of a claim letter?
Having received a claim for breach of contract terms, the counterparty can take several measures:

fully satisfy the requirements;

satisfy them partially;

refuse to satisfy;

ignore the claim letter.

If the recipient ignores the claim letter, it is necessary to have proof that the letter was sent to him, as this may be equivalent to a refusal to satisfy the requirements. In this case, you should prepare documents and file a lawsuit. Failure to provide evidence may result in the court not recognizing compliance with the claim procedure by the claiming party.

How to send a letter?
The letter of claim is sent by regular mail in written form. It is important that it is the original letter. In this case, you should not use fax or e-mail. It is even better to take the claim in person and hand it in to the office.

If you send a claim by mail, use a certified letter with a return receipt. A postal receipt with the recipient's signature will serve as proof of delivery of the document.

When delivering a claim in person, the incoming letter number on the copy that you will keep will be a sign that the document has been delivered. The office employee or secretary is required to accept the claim on a letterhead with the signature of the CEO of your organization. Sometimes they may suggest leaving the letter and registering it later within three days. This approach is only acceptable when accepting claims from individuals. In your case, insist on immediate registration of the document.

Why do you need a receipt of no claims?
A receipt acts as a guarantee that one party will not make claims against the other after the obligations have been fulfilled.

This document is made in one copy in any form and does not require notarization. For legal significance, the receipt must contain the following:

document title;

Full name and passport details of the persons (the one who draws up the receipt and the one who receives it);

description of the circumstances and the essence of the emergence of the relationship (if necessary, provide details);

a detailed description of the obligations fulfilled by the recipient (describe the specific work performed, services rendered, amounts paid, etc.);

statement of absence of claims. Example: "Obligations have been fulfilled in full, I have no claims."

What to do after writing a letter?
A letter of claim requires a response. The situation may develop in different ways: claims may be satisfied in full, partially, or completely rejected. Usually, the response is also written in the form of a separate letter or resolution signed by the head of the addressee company.

If there is no response, allow at least 30 days for a response, and then consider filing a lawsuit or appealing to a supervisory authority.