How does filing a claim affect the statute of limitations?

When is a claim necessary for a claim?

According to the general rule, a claim is a prerequisite for going to court. This states part 2 of paragraph 2 of Article 10 of the Civil Code. The essence of this message to the debtor is that he is notified in writing about the existing requirements and is offered to voluntarily resolve the controversial issue.

The procedure for presenting a pre-trial reminder may be established by agreement. If this is not provided for in the agreement between the parties, the letter of claim is written according to the scheme provided for by the current regulations.

Please note that there are a number of cases provided for by the Civil and Economic Codes, when the pre-trial resolution of the issue occurs in a manner that differs from the claim.

Example

For requirements related to amendment/termination of the contract, you must first invite the other party to do so. The judicial authority is contacted only in case of refusal or lack of response within the prescribed period. This time period is indicated in the letter, established by law or contract. If there is no such clause, a period of 30 days is established. When terminating a lease agreement at the request of the lessor, the lessee must be warned in writing that the obligations must be fulfilled within a reasonable time.

You can go to court in the following cases:

1. A response to the complaint has been received. It is worth noting that written claims for the collection of funds (debt, penalty or fine) under a number of contracts (for example, supply, transportation or contract) can be collected using a writ of execution made by an employee of a notary office. Claims recognized in writing (usually confirmed by a response to a claim) under contracts named in paragraph 26 of part 1 of clause 1 of Decree No. 366 are not considered in court. If the person who has the debt does not pay it off, they can apply for a writ of execution.
2. The established response period has already expired. Evidence of the proper filing of the claim is an extract from the Unified State Register of the debtor’s location, a copy of the pre-trial reminder, and other evidence of sending the letter to the address specified in the certificate.

The claim procedure must be followed for each of the claims (principal debt, penalty, interest). This means that the amount of the principal debt must be indicated in the document indicating the possibility of subsequent collection of penalties and interest (without citing specific amounts). More detailed data can be obtained from the lawyers of MK-Legal Technologies. We are always happy to provide advice on any issue within our area of ​​competence.

Mediation as a method of pre-trial settlement of disputes in civil proceedings

Mediation is an alternative way of peacefully resolving a dispute in a civil process with the participation of a third party who is not involved or interested in the conflict, which helps both parties find a common agreement and derive the maximum benefit from it.

Both interested parties fully monitor and control the process of making relevant decisions to resolve the proceedings and the necessary conditions for this.

There is a corresponding law “On an alternative procedure for resolving disputes with the participation of a mediator (mediation procedure)” dated July 27, 2010 No. 193-FZ, which regulates the mediation process. This activity can be carried out both on a paid and free basis. The intermediary sets the price for the service independently.

This type of dispute resolution is different from litigation, although in both cases there is a third party involved. In mediation, the mediator is a mediator who has nothing to do with the courts and both parties to the dispute. He organizes the entire process in such a way that conditions are created for the parties to search for profitable options for solving their problems.

This is important to know: How long does it take for a consumer claim to be considered?

The principles on which mediation is based:

• Voluntariness;
• Confidentiality;
• Cooperation;
• Equality of the parties;
• The impartiality of the mediator.

The procedure for conducting mediation is established by the parties to the dispute in the agreement on the conduct of the mediation procedure. They may refer to the rules for conducting this procedure proposed by the organization. The rules for conducting mediation must necessarily indicate the types of disputes, the choice of mediator, the amount of expenses, basic information about the standards of activity, as well as the basic procedure for conducting this procedure.

To summarize this article, I would like to note that if disputes arise in civil proceedings, it will be more convenient and profitable for both parties to the conflict to resolve the issues peacefully by resorting to the pre-trial claim procedure for resolving the dispute. Through this process, a compromise solution can be found that will satisfy the maximum needs of stakeholders and enable further cooperation.

When can you do without a pre-trial reminder?

As mentioned above, writing a claim is not always required. This somewhat simplifies the procedure for defending interests in a judicial body. In particular, Resolution No. 6 (part 1 of clause 11) indicates that you can do without it if:

1. This is not provided for in the contract. It may involve abandoning the claim scheme for settling legal relations. However, there are exceptions. For example, when it comes to transportation within the Republic of Belarus, a pre-trial reminder is a prerequisite. It is also worth noting the fact that instead of a claim, another method may be provided (negotiations, mediation).
2. When moving from a writ to a claim proceeding, within 15 days after sending the ruling on refusal to issue a ruling on the writ.
3. When filing a counterclaim.
4. If one of the parties to the dispute is not a legal entity.
5. When the law does not provide the right to pre-trial settlement (disputes about the expulsion of a member of an economic organization, recognition of an agreement, tender or decision of a general meeting as invalid, cancellation of state registration of real estate, liquidation of legal entities, pre-emptive right to acquire a share or part thereof in the authorized capital).

It is important to remember that the judge, prosecutor, government agencies, local authorities and other structures have the right not to comply with the procedure for filing a claim (Article 6 of the Code of Criminal Procedure). In addition, the above list is not exhaustive. In each specific case, based on the requirements of the law, the representative of Themis makes a decision on the advisability of the parties complying with the claim procedure. How is this solved in practice? We have extensive experience, which allows us to predict the verdict in a given case. Contact us, provide the details of your case, and we will definitely help. The degree of our immersion in solving your issue depends on you. Both one-time consultation and turnkey work are possible, when you receive a pre-agreed result.

How to properly file a claim?

In order for the claim to subsequently become evidence that you have gone through the procedure of pre-trial dispute resolution, you need to properly file it and send it to your opponent. Make it in two copies, one of which you keep for yourself. To make sure that the recipient has received your copy, you must transfer it in one of the following ways:

• in person with a receipt and the date of delivery on your own copy of the document, or through the office or secretary with a note of delivery, if this is an organization;
• send by e-mail to a citizen, fax to an organization;
• send by mail by a valuable letter with a list of the contents and a receipt.

The last method is considered the most reliable - as judicial practice shows, the absence of a notification of delivery in some cases is sufficient grounds for the court to return your claim to you.

The claim form for pre-trial settlement of a dispute is not approved by law, but some points must be included in it (from practice).

As a rule, this includes information about the original contract, a description of the violation, the essence of the claim, its calculation (if the claim is monetary), and the time frame within which you expect satisfaction. All this must be supported by references to clauses of the contract and civil law. Place a date on each copy and sign it.

Is a pre-trial reminder necessary in writ proceedings?

As is known, it does not imply the existence of a dispute, therefore it is not mandatory to comply with the claim procedure for legal relations. According to Part 2 of Article 220 of the Code of Criminal Procedure, writ proceedings consider requirements that:

• indisputable (based on official documents confirming the fact of the debt);
• are recognized but not implemented. By the way, if a person with obligations to a creditor does not dispute them, the debt is also considered recognized.

When collecting by order, it is not necessary to submit claims (Resolution No. 6 of the Plenum of the Supreme Economic Council), but documents must be attached to the application for initiation that indicate the indisputability or recognition of obligations by the person in debt (Resolution of the Plenum of the Supreme Economic Council No. 9). One of these documents is a positive response to a pre-trial reminder. If the claim is left unanswered within the established time frame, it is considered that it is not disputed. A signed act of reconciliation of accounts, as well as another document drawn up in accordance with the requirements of regulatory legal acts and signed by an authorized person of the debtor, can be recognized as confirmation.

It is possible to claim penalties and interest in writ proceedings if they are recognized by those who have obligations. That is why drawing up a letter of claim involves indicating not only the principal debt, but also specific sanctions. Only in this state of affairs can they be recovered in such a situation. For example, the same reconciliation act does not allow this to be done, since it reflects exclusively the principal debt. There are other nuances. It is easy to make all the required clarifications from the lawyers of our company. We are always happy to help, regardless of the volume of the request.

Remember that, provided that there are official papers indicating written recognition of the debt under the agreements from part 1 of paragraph 1 of Decree No. 366, you can forcibly collect it using a writ of execution from a notary. Such a requirement is not subject to consideration in court either in a claim or in writ proceedings (Decree 366, Articles 164 and 222 of the Code of Criminal Procedure). If, according to these requirements, there is a situation where the pre-trial reminder is left unanswered, the court order is permitted by existing legal standards.

Thus, in a number of cases, it makes sense to draw up a claim for writ proceedings. For example, this applies to situations where there are no other official documents confirming the indisputability or recognition of obligations by the person who has the debt (account reconciliation acts, accepted demands). A specialist from our company will help you figure out whether your specific situation falls into this category. This will not take much time, so we recommend that you contact us even when an explanation of a particular rule of law is required. With us you will resolve any issues that arise much faster.

Claim for pre-trial conflict resolution

The claim is a document that will confirm that the plaintiff has complied with the requirements of the law on compliance with the claim (pre-trial) procedure. The form of the claim is not established by any acts. When compiling this document, you can adhere to the following order:

1. indicate the name and address of the person to whom the claim is sent, i.e. future defendant. An important point is the correct indication of the address, since otherwise the claim may not be received by the defendant and the court will conclude that the procedure was not followed
2. indicate information about the applicant, i.e. the person who submits the claim. Information about the applicant can be indicated on the official letterhead of a legal entity or individual entrepreneur; in this case, it is not necessary to indicate separately from whom the claim is made, since this will be clear from the official form
3. Call the document “claim.” In certain cases, the document may be called differently, for example, in the case of a proposal to terminate the contract, it is incorrect to call such a letter a claim
4. state the circumstances in the text of the claim, i.e. why does a future plaintiff make a claim against a particular person?
5. the pleading part of the claim must formulate the applicant’s demands and proposals
6. if any documents are attached to the claim or letter, for example, an agreement to terminate the contract, they should be listed in the appendix;
7. the claim must be signed, the person’s signature must be deciphered, and the claim must also be dated

USEFUL : learn how to make a claim using our VIDEO

Is a claim necessary for a writ of execution?

If a pre-trial reminder is provided, it must be sent before going to court. This step is not provided for requesting financial resources through the use of a writ of execution. And there is an explanation for this.

The main condition for contacting a notary office on such an issue is the indisputability of the requirement. This fact is confirmed by the presence of relevant documents, a complete list of which was approved by Resolution of the Council of Ministers of the Republic of Belarus No. 1737, dated 2006.

When debt is collected under contracts of purchase and sale, supply, transportation, contract, provision of services on a reimbursable basis, written recognition of the existence of obligations to the creditor is required. The response to the claim plays the role of such a document. If it is not there (subject to the absence of other official documents of identical meaning), the executive inscription cannot be made.

Please note that for some requirements the debtor must be notified in advance of the need to repay the debt and the intention to apply for a writ of execution. A warning about the need for repayment and the desire to contact a notary office is required, for example, when claiming money under agreements on purchase and sale, supply, transportation, provision of services, storage. This is stated in paragraph 25 of the List. To make an inscription in such cases, it is necessary to prove that a written warning was sent and indicate the date of notification to the person who has the debt. Its role can be played by a claim mentioning the intention to contact the office to make a writ of execution. There may be a separate official paper.

The deadline for consideration of a notification (provided that it is sent in the form of a separate document) is not directly established in the legislative norms. Formally, you can apply for a writ of execution the very next day after receiving the notification paper by the person who is responsible for the debt. It should be remembered that it is reasonable to give the debtor time to consider your letter.

As you can see, the procedure for writing a claim in different situations has its own characteristics. Understanding the nuances, especially when a thorough knowledge of Belarusian regulations is required, is not so easy, although we are not saying that it is impossible. You can make the appropriate clarifications from our specialists. Always ready to help find a way out of even a difficult situation. Why is it worth paying attention to our offer?

What will cooperation with MK-Legal Technologies give you?

Here are just some of the advantages of contacting us:

1. Work exclusively for results. We do not sort through papers, but solve the problem with which they approached us.
2. Customer focus. We will do everything to ensure that cooperation takes place in a comfortable atmosphere. In particular, if necessary, we will come to your office at a time that suits you.
3. Flexible price. In our company, the cost of a claim is such that even a novice businessman, for whom every penny counts, can afford the service.
4. Prompt resolution of issues. Time is an invaluable resource. You can't get back even a second wasted. That is why we try to complete the task as quickly as possible.
5. Competence. This is extremely important for successfully running the legal side of the business. We not only have the appropriate diplomas, but also regularly improve our qualifications. Each employee has his own specialization. Narrow profile is the most important feature of professionalism.

Much attention is paid to the quality of work. There is its own mechanism for monitoring this indicator. We stop only when the result is impeccable. We advocate absolute perfectionism in our work. There is no other way to work in the field of law. We have been on the market for a long time, which is excellent evidence that we know our business.

The procedure for filing a claim provided for by law will be fully observed. Our actions are not questioned in court or other authorized bodies, since we operate exclusively within the legal framework of the Republic of Belarus. There is enough space in the legislative norms to solve the client’s problem without “gray” schemes that are fraught with additional difficulties.

Pay attention to the reviews. People's opinions are the best indicator. That is why we value every client. It’s easy to start cooperation – contact us in a convenient way. We take care of the rest. We guarantee that you have never resolved legal issues so quickly and easily!

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If you need legal support

It is extremely difficult to do without the help of a qualified lawyer when it comes to property interests. If your rights as the owner of movable or immovable property are infringed, entrust the matter to professionals to avoid risks! Call us at + or order a free call on our website.

If you have any questions about whether a judge left a claim without consideration, when to go to court after a claim, and when to go to court after a complaint, you can call lawyer Ekaterina Mikhailovna Murzakova and she will advise you. The specialist's total legal experience is more than 12 years . The main specialization of the lawyer is arbitration and business - a complex category of cases that requires an integrated approach, where it is impossible to do without qualified legal assistance. Do not delay visiting a lawyer if problems arise. Only timely, competent advice will help you solve business problems in your favor!

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