Claim for debt collection - rules and samples

A claim for debt collection under a contract is necessary for a business when obligations are violated by the counterparty. The need to comply with the claim procedure may be determined by an agreement concluded between the parties or by law. Failure to comply with the mandatory procedure may result in sanctions in the form of leaving the claim without consideration.

ATTENTION: Our civil lawyer will help you prepare a claim for a refund, as well as create a package for sending it: professionally and on time. Call now!

What to write in a complaint?

The writing of a claim must be taken responsibly, since in the event of further appeal to the court, it will be presented in the materials of the court case:

1. From the text of the claim, all the applicant’s demands regarding the amount of debt and the timing of its repayment must be extremely clear.
2. Particular attention should be paid to the basis of the debtor's obligation to pay (agreement, receipt, primary accounting documents, etc.). If the debt arose as a result of non-payment for delivered goods, it would be logical to indicate the numbers of unpaid invoices in the claim.
3. A competent reference to legislative acts will “add weight” to the claim and indicate the unlawfulness of the debtor’s actions.
4. A mandatory point of the claim is the indication of bank details for the transfer of funds, which must match the details specified in the contract.

The claim is signed by an authorized person of the applicant: the sole executive body (General Director) or a person acting on the basis of a power of attorney. The claim must be sent to the legal address of the debtor by registered mail with acknowledgment of delivery. Additionally, the claim can also be sent by email.

Sample claim for debt collection

Sample response to a claim for debt collection

Drawing up a letter of claim for debt

A pre-trial claim is a written warning to an individual or legal entity that his actions or inactions are contrary to the law or a previously concluded agreement. For the person making the claim, this document is a kind of warning of intent. For the recipient, such a message is an incentive to action. In any case, the claim should be considered as a warning about the counterparty’s readiness to go to court.

Such a preliminary notification procedure requiring certain actions may be an attempt by the creditor to reach an amicable agreement. Sometimes the receipt of a claim may only indicate the beginning of the procedure for the counterparty to go to court.

In what cases is it compiled?

This document is drawn up in the following cases.

1. If the concluded agreement contains a clause on mandatory pre-trial resolution of emerging problems. In this case, the court will simply not accept a claim for debt collection if this clause of the contract is not fulfilled.
2. In order to save your time, effort and money. Court is a long and troublesome process, so the desire to solve the problem without involving the state as a mediator is quite natural and reasonable.
3. The claim can be addressed not only to the debtor, but also to the creditor. For example, a bank may charge a commission when making loan payments that is not provided for in the agreement. It is not uncommon for bank clients to be indignant that, despite the repaid loan, the bank continues to withdraw loan payments from the card. All this is grounds for filing a claim.

Regardless of the purpose and reason for drawing up a warning document, in court it will always be considered as a procedure for pre-trial resolution of the problem. So in any case, the claim must be drawn up in accordance with the requirements for documents involved in legal proceedings.

How to compose it correctly?

Since this is an official document containing legal requirements, it must be drawn up in such a way that the legal basis and nature of the requirements can be clearly understood from the text. In addition, the text must indicate the amount owed, including interest and penalties, if any.

A claim is always an appeal from one person to another. This means that all counterparty data must be true. Errors made in the first name, patronymic, and, especially, in the last name can become grounds for refusal to recognize the debt. After all, such mistakes mean that you are contacting the wrong person with whom you entered into an agreement.

This document is aimed at convincing the debtor to pay the required amount. This means that it must indicate the details of the account to which the money should be transferred.

The deadlines for fulfilling the requirements should be specifically specified. Otherwise, the document loses all its legal force, since an open-ended demand means an endless deferment of payment.

What types of penalties are there?

The creditor has two ways to collect the resulting debt:

• claim (pre-trial) procedure;
• judicial procedure;

It should be noted that both of these methods cannot be considered as two separate ways of resolving a debt collection dispute. Or rather, they are interconnected and consistent. In some cases, the legislation establishes the impossibility of going to court without taking pre-trial measures to resolve the dispute (for example, these are disputes under contracts for the carriage of goods, transport expeditions).

A mandatory claim procedure may also be specified in the contract. In any case, you should not neglect the claim procedure for resolving a dispute - this will help save time and money, as well as “relieve the load on the courts.”

The judicial path to resolving a dispute begins with the filing of a statement of claim in court and ends with the receipt of a writ of execution. After receiving the writ of execution, it must be handed over to the bailiffs and then the long process of enforcement proceedings begins. As mentioned earlier, the entire legal procedure from the moment the claim is filed until the debt is received can take many years, which is a very disappointing fact.

How to file a claim for debt collection?

What should you pay attention to when compiling?

1. The most important thing in drawing up a claim is to indicate the date from the date of delay and calculate the interest that the injured party is claiming. When calculating interest, you should refer to the contract itself, which specifies the amount, as well as all the necessary conditions. If the contract does not indicate penalties, you have the right to count on a legal penalty.
2. Do not forget that you have the right to compensation for all losses, without exception, incurred as a result of violations of the contract by a negligent customer or contractor. It would also be a good idea to point out to the accused party that both parties are responsible for complying with absolutely all obligations.
3. Indicate all laws on which your claim is based, but carefully check the current legislation, as it changes frequently. If you are not confident in your abilities and have never encountered such problems, then we invite you to consult with our lawyer in arbitration cases.

USEFUL: watch a video with advice from a lawyer on filing a claim, write your question in the comments of the video on the YouTube channel

What are accounts receivable?

The term “accounts receivable” is widely used in accounting and represents the amount of debts due to an enterprise from legal entities or individuals as a result of economic relations with them. As can be seen from the definition, receivables can only be formed by a legal entity, but the debtor (debtor) can be both a legal entity and an individual.

Sample document, rules for drafting and why it is so important to write it

If disputes arise between a creditor and a debtor - for example, due to a permanent violation of the contract by one of the parties - a letter must be sent to the counterparty regarding the repayment of receivables.

According to Part 5 of Art. 4 of the Arbitration Procedure Code of the Russian Federation and the Resolution of October 12, 2016 in case No. A40-12876/16, before going to court, the creditor is obliged to send a similar letter to the debtor, while the counterparty is given a certain period of time to respond - usually thirty calendar days (depending on the specific conditions specified in the loan agreement). Only after this is a trial possible, recovery of property by bailiffs, and so on.

An attempt to resolve the issue pre-trial is intended, firstly, to protect the rights of debtors (even creditors can become debtors over time, and at the first late payment, going to court would seem to them an unlawful action), and secondly, in this way the judicial system is somewhat freed from claims that citizens are quite capable of independently satisfying with a settlement agreement.

Basic rules for drawing up a letter of claim to a debtor for repayment of a debt (with a sample):

First, although you technically have the right to make a claim orally, it is better to put it in writing. Moreover, it is advisable to draw up the document in two copies. It is advisable to hand over the paper in person, with the signature of the debtor.

If this is not possible, you need to at least send the document by Russian Post, making an inventory of the attachment in two copies and receiving a notification from the postal service employee that the letter has been delivered. In addition, you need to keep a payment document, a receipt for sending a letter, or other documentary evidence that the debtor received the claim. All of the above documents will be useful during litigation.

Secondly, before indicating the recipient's address in the document, double-check the available information. If you send the paper to the wrong address, the debtor will be able to prove in court that he did not receive the right to pre-trial settlement of the issue, which is obligatory under the Arbitration Procedure Code of the Russian Federation.

The address of both the individual and the legal entity acting as the debtor can be found in the loan agreement (section “Details of the parties”). If the debtor is a legal entity, you can additionally double-check the address on the website of the Federal Tax Service or the Unified State Register of Legal Entities.

Thirdly, if you are going to collect from the debtor not only the amount of the debt, but also penalties, penalties and fines - provided that all these sanctions were specified in the loan agreement - indicate them in the letter. Be sure to include in your letter a detailed calculation of all fines with reference to the loan agreement.

You need to list everything that you are going to collect from the debtor in one way or another. In 2021, there was already an example when the supplier demanded in a letter of claim the return of money only for the goods, but not payment of the penalty; as a result, the Arbitration Court of the Volga District rejected the supplier’s claim (Resolution dated 08/04/2016 No. F06-10208/2016) .

The content of the letter should be approximately the following (the law does not require adherence to any specific form):

• Recipient of the claim - full name and address for individuals, name of the enterprise and legal address for legal entities;
• Details of the sender of the letter - the same information as in point 1;
• In the header of the paper - the word “Claim” (required);
• Contract number and details directly involved in the dispute;
• A list of clauses and, in rare cases, sections of the contract that, in the opinion of the sender, were violated by the debtor;
• Listing of documentary or oral evidence of fulfillment of all terms of the contract by the sender;
• Full settlement of the debt incurred by the debtor;
• Listing of clauses of the agreement regulating the accrual of penalties in case of violation of the terms of the loan;
• Full calculation of the sanction amount (penalty) that the debtor needs to pay;
• General calculation of debt, taking into account both the principal amount of the debt and fines, penalties and penalties;
• Indicating the time allotted for the recipient to review the paper and formulate a response to it. As a rule, you need to specify a period of 30 calendar days. If the contract stipulates otherwise, the claim must refer to the clause regulating the terms;
• Signature of the sender or his authorized representative, date of filing the claim.

You can download a sample letter of claim for debt repayment here, and a form here.
To summarize the procedure for filing a claim:

• It is best to deliver the letter personally, in two copies and with the signature of the recipient. If you cannot “catch” the person directly responsible for the debt, you can send a letter via Russian Post with a list of the contents;
• During the entire waiting period, you should not go to court, call the debtor, or take other actions that may later work against you. The waiting period is almost always 30 calendar days;
• If the period regulated by the contract or the Civil Code of the Russian Federation has expired, and there has been no response or the response is not satisfactory, go to court: you have given the debtor the right to resolve the issue pre-trial, and therefore your claim will be allowed to be considered.

What is a receipt debt?

IOUs occur when one individual makes a loan to another individual. Not only cash, but also things defined by generic characteristics can be transferred as a loan. To confirm the fact of the loan and its terms, a receipt from the borrower or another document certifying the transfer by the lender of a certain amount of money or a certain number of things to him may be presented.

It should be noted that the legislation establishes a mandatory procedure for concluding a written loan agreement if the loan amount exceeds 1,000 rubles. The agreement, like the receipt, does not require notarization, it is quite simple to draw up, and it will be of great benefit if the borrower changes his mind about repaying the debt.

If you have a written agreement or receipt, you can safely go to court. However, failure to comply with the simple written form of the contract deprives the parties of the right in the event of a dispute to refer to witness testimony to confirm the transaction and its terms, but does not deprive them of the right to provide written and other evidence.

Please pay the outstanding debt

Letter 1 Dear Ivan Ivanovich, I would like to remind you once again that by July 25, 2013, our legislation does not directly provide for this type of document, but its presence additionally confirms the obligations assumed by one of the parties. Form and rules for writing a letter A letter of guarantee does not have any mandatory form and is drawn up by the interested party in any form.

This document must have the date and place of preparation. Please tell me how the judicial practice develops on this issue and is the “continuing offense” argument legitimate in this case?

Sincerely, Lera, your region Payments for housing and communal services are periodic payments (monthly). Sprinkling of driveways begins immediately from the beginning of snowfall to put sand under

According to the agreement No. [number] dated [date] concluded between LLC [name of the organization] (hereinafter referred to as the Customer) and LLC "Delopis.ru" (hereinafter referred to as the Contractor), work was performed for the Customer in [name of work] for the amount of [amount] rubles.

This document can later be used in court as evidence of an attempt to peacefully resolve the conflict. If the attempt is unsuccessful, the borrower is sent a third document - a claim.

The basis is the enrichment of the creditor resulting from an erroneous payment. In most cases, guarantees are nevertheless drawn up in case of violation of the deadlines for fulfilling monetary obligations, when the defaulter, trying to avoid legal proceedings, sends this document to his creditor.

In heavy snowfalls, the driving speed is increased to improve productivity.

Snow banks are separately cleared after the passage of snow removal vehicles at street intersections, so that the resulting bank does not interfere with normal traffic. Then, if they don’t pay it off voluntarily, suing is practically useless. A reconciliation act is needed. How to write a letter to a supplier about the return of funds according to the reconciliation act, the debt has been hanging since last year. You can also write that according to the reconciliation act, as of such and such a date, your company had accounts receivable.

The question is essentially simple, but we have reached a corner!

Why is it necessary to refer?

Filing a claim has a number of undeniable advantages. In companies where it is customary to resolve conflicts with counterparties out of court, work processes are much more efficient. A debt collection letter allows you to:

• maintain the existing contractual relationship, even if the business partner encounters temporary difficulties;
• avoid contacting the justice authorities, which inevitably entails additional expenses;
• inform the debtor that his debt has not been forgotten and must be repaid within a specific time frame;
• optimize office work in such a way as not to make concessions to unscrupulous partners;
• avoid financial difficulties associated with regular late payments.

According to clause 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation, a party making civil claims against the other party regarding the collection of finances under contracts or other transactions, as well as in case of illegal enrichment, must send a claim to the debtor no later than 30 days before filing the claim to the arbitration court.

It is important to take into account that the period is counted precisely until the filing of the statement of claim, and not until the start of the trial. This is explained by the fact that if the justice authorities have already begun to consider the case, there is no possibility of pre-trial settlement of the conflict.

According to Art. 129 of the Arbitration Procedure Code of the Russian Federation, neglect of the rules of pre-trial dispute resolution is the reason for the return of the claim to the applicant. In Art. 148 of the Arbitration Procedure Code of the Russian Federation and Art. 222 of the Code of Civil Procedure of the Russian Federation states that the statement of claim can also be left without progress.

The claim procedure is considered to be complied with in the following cases:

• the letter was submitted within the established time frame;
• the claim was sent by a person who has the legal right to submit it;
• the document contains all the necessary data for its consideration, including the amount of claims;
• The claim is accompanied by documents that are evidence of the legality of the requirements specified in it.

There are a number of situations in which it is not necessary to submit a claim:

1. Facts of legal significance were established, described in Art. 264 of the Code of Civil Procedure of the Russian Federation, for example, the death of the debtor.
2. An arbitration court decision has already been made on this issue.
3. The deadlines for the legal proceedings were violated due to the fault of government agencies and the plaintiff was awarded compensation.
4. Corporate disputes resolved according to a specific algorithm described in the Arbitration Procedure Code of the Russian Federation.
5. Bankruptcy. In such a situation, you must immediately proceed to filing a claim.
6. Termination of protection of a trademark due to its non-use, legal protection of a group of persons and other disputes arising in public legal relations.

Procedure for pre-trial debt settlement

Disagreements that arise between the parties to legal relations can be resolved in court. But since the legal process is fraught with time and large costs, disagreements can be resolved in an alternative pre-trial manner.

Pre-trial, claim debt settlement procedure is mandatory in two cases:

• when it is provided for by law - when terminating a lease agreement, when changing or terminating an alimony agreement arising from communications service agreements;
• when it is provided for by the provisions of the agreement signed by the parties.

Note!

In other cases, the pre-trial procedure is voluntary and is applied only at the request of the interested party. The settlement procedure consists of sending a claim to the counterparty - a written demand - to voluntarily eliminate the identified violation and restore the violated right of the sender of the claim.

If a party refuses to fulfill the stated requirements or ignores the appeal, a judicial settlement procedure is applied. Attempts at pre-trial settlement of the dispute increase the plaintiff’s chances of a positive outcome.

Legal consideration period for documents

The time limit for consideration of a claim can be established by law only in cases where the pre-trial settlement procedure is mandatory for the parties. For example, in relation to a claim against an insurer under compulsory motor liability insurance, this review period is 10 days.

Note!

If the consideration period is not established by law, the applicant indicates in the complaint a reasonable period during which he is ready to wait for a response from the counterparty. This is 10-14 days. After which the applicant goes to court.

Response to a claim for debt repayment

Providing a written response to the creditor is the only way to avoid litigation. By sending a response, the debtor initiates the start of negotiations, the result of which may be:

• Debt restructuring;
• Loan refinancing;
• Reduced monthly payment due to the removal of certain penalties.

In addition, if the debtor does not send a response within the allotted 30 days (or less depending on the terms of the contract), this aspect will work against the debtor in court. He will definitely be asked why the response was not sent - and if the debtor indicates that the response was not sent for some serious reason, the judge will require documentary evidence (for example, a certificate from the hospital, if due to hospitalization the defendant could not respond to the plaintiff ).

For these reasons, writing a response is a highly desirable procedure. The rules for drawing up are quite simple. You must indicate in your answer:

• Full name of the recipient of the response (if the creditor is a legal entity, then the name of the enterprise), address;
• The same information about the compiler;
• Contact information of the sender and the date of the response;
• In the header of the document - “Response to the claim”;
• Further text: “In response to your claim from such and such a date, I inform you that I have a debt to such and such in such and such an amount (if you do not agree with the creditor, then on the contrary, I do not). Payment to such and such of such and such an amount to repay the debt will be made from such and such a date”;
• Compiler's signature.

The response time depends on the terms of the contract. As a rule, the debtor is given from 2 weeks to a month to respond. If a compromise has been found between the debtor and the creditor, the period for sending a response may be extended at the discretion of the parties.

What are the consequences of ignoring a letter of claim?

Firstly, ignoring it gives the creditor a free hand - he will have every right to go to court the very next day after the deadline for sending a response expires.

Secondly, lack of response is a negative characteristic of the defendant. As a result, the already low chance of winning in court decreases even more.

Third, litigation, even if the defendant somehow manages to win, takes time and money. For this reason, it is rare that a creditor is willing to file a claim.

As a rule, when trying to resolve the issue out of court, the creditor is willing to cooperate and may, for example, reduce the monthly payment. As a result, both parties will benefit: it will be easier for the debtor to repay the debt, the lender will eventually return the loaned money, and both parties will not have to spend money on litigation.

Claim for debt under a service agreement

Since the majority of suppliers work under the terms of a public offer, a written contract for the provision of services is rarely drawn up, which indicates the absence of clearly defined and formalized responsibilities of the customer. But even despite the absence of an agreement, the obligation to pay for the services received rests with the customer by virtue of Art. 781 Civil Code of the Russian Federation.

The text of the claim is drawn up according to the same principles and rules.

Sample claim under a service agreement (link)