Most people don't know how to write a complaint correctly. Moreover, they are embarrassed and ashamed to do so, suppressing their anger in response to misconduct, ugly attitude from staff and/or defective goods. But this is the absolute right of any consumer, why not take advantage of it? In this article we will look at how to correctly write a claim. Let's not ignore her sample either.

Claim form

There is one thing that needs to be firmly understood. Similar issues are resolved in in writing. That’s why we ask how to write a complaint correctly, and not how to simply present your complaint. A written claim is a legal document, which is why it must be executed in accordance with all the rules.

Basic Rules

In addition to the above, there are basic requirements that any example of a claim must meet:

• the document must have two copies (copies);
• be sure to indicate in the upper right corner the following: against whom the claim is made (full name of the organization) and from whom ( full name and indication of place of residence);
• an indication on the basis of which law the document was drawn up (with specific references to articles of the Civil Code);
• the claims must be described in detail;
• an indication of what compensation the consumer expects from the organization (note: this should also be based on the articles of the Civil Code of the Russian Federation);
• an indication of the validity period of the claim (usually ten days) and a note that if no action is taken or at least a written response is not received, an appeal to law enforcement agencies will follow;
• The date and signature are also required.

Only one copy of the claim is submitted to the organization, the second remains with the consumer.

Defective goods

The first example we will consider is a claim for a defective product. Defects can vary and will vary depending on the response from the organization selling the product. But how to write a claim for a product?

We require legally

The consumer has the right to demand:

• replace the product with the same/similar one;
• receive a discount corresponding to the product defect;
• repair of the product at the expense of the enterprise/elimination of defects (if possible);
• return the product and receive a full refund.

Deadlines

Within what time and how to write a claim? We'll look at a sample below; we only note that such a document can be presented during the warranty/expiration period. If the warranty period is not established - for two years. Time is counted from the date of purchase or from the day the season begins for seasonal goods (for example, shoes, gloves, etc.).

Sample

Example of a claim:

To the head

LLC "Meda-Sport"

INN 000374169079

Address: 411095, Belgorod,

st. Pobeda, 30

from Ishchenko Marina Ivanovna,

living at the address:

411075, Belgorod,

st. Pozharnikov, 67, apt. 23,

tel. 8827-123-6205.

CLAIM

On November 17, 2015, I purchased Nike men’s winter boots, black, r. 45, costing 15,000 rubles. The warranty period for these shoes was 50 days.

On 12/08/2015, a defect was discovered on the boots - thinning of the leather at the point of attachment to the sole. Because of this, the shoes became unwearable.

In accordance with Art. 18 of the Law of the Russian Federation "On the Protection of Consumer Rights" dated 02/07/1992 No. 2300-1, I ask you to replace the product with a similar or similar one or refund its full cost. I require a response within 10 days.

If you have any doubts about a defect, I ask that you carry out an examination of the goods at the seller’s expense (the period is 20 days from the date of filing the claim in accordance with Article 21 of the Law of the Russian Federation “On the Protection of Consumer Rights”). In this case, please notify me of the examination in writing.

If my demands are not satisfied within the stated time frame, I reserve the right, at my own discretion, to put forward other claims in accordance with Article 18 of the Consumer Rights Law and go to court.

I am attaching a copy of the cash receipt to the claim.

Ishchenko M.I. ___________________________ signature.

This example clearly illustrates how to write a claim for return/exchange/reimbursement of the cost of a defective product. Well, we move on to the next point.

Claim to the insurance company

Unfortunately, it is not uncommon for an insurance company to delay payments. There are also cases of refusal to reimburse the agreed amount or disagreement about its amount. In this case, you should not remain idle. But here's how to write a complaint correctly: insurance company? This is a question that has an answer.

Basic moments

A pre-trial claim to the insurance company must be submitted in writing with a request to provide the same written response. The response period is five days from the date of submission of the document.

Example

In order to understand how to write a claim, a sample is best suited. That's why it's presented below.

Example of a claim:

At JSC "...."

From: Mishchenko Alexander Ivanovich,

Kazan,

st. Heroes of Labor, 7, building 18,

CLAIM

02/15/2015 at 15:04 at the intersection of Rosa Luxemburg Andreychuk Sergey Vladimirovich, while driving (indication of the make and sign of the car), hit my car (make and sign), causing material damage to my property.

On February 17, 2015, I contacted the insurance company (name) with a corresponding application. Upon recognition of the case as insured, the amount of compensation awarded was (...).

The payment did not cover the restoration of the car, therefore the independent evaluating company conducted an examination to assess the real cost of this operation. She compiled (...). From which it follows that at the present moment the OJSC (...) has not paid the amount of insurance compensation required by law.

Based on the above, I demand payment in the amount of (...) within five days from the receipt of this claim. Compensation includes appropriate insurance payment and costs of conducting an independent examination.

Please transfer the required amount to my account using the following details: (...).

If my claims based on current legislation are not satisfied Russian Federation, I will be forced to go to court.

I also enclose the conclusion of an independent examination.

02/23/2015 Mishchenko A.I. _________________ (signature).

Finally

The claim, like any other official document, must be drawn up in the most concise style possible, with references to the relevant paragraphs of legislation, indicating all the details, etc. To write it, it is recommended to first study the Civil Code, in particular the law on consumer rights. In this case, the rule “Forewarned is forearmed” clearly applies. Arm yourself fully with your knowledge of legal aspects! And remember that filing a claim and demanding an answer to it is your right. Well, how to write a claim for a product or to an insurance company is no longer a question.

When interacting with partners, it is customary to correctly express your complaints about the quality of services, outstanding debt and other violations of contractual obligations. In this case, it makes sense to competently draw up a letter of claim, which reflects the essence of the requirements and a proposal for solving the problem that has arisen. Ready-made examples, composition rules, etc. helpful information- all this is given below.

The emergence of contradictions, as a rule, can be resolved without filing a claim in court. The main goal is to make every effort to avoid litigation in court. Therefore, the purpose of this document is as follows:

1. Formulate the actual complaint - specific complaints about the product, services, delayed payments, etc. important points. In this case, complaints may relate to failure to comply with certain terms of the contract or failure to fulfill one’s obligations at all.
2. Convey your position to your partner - how you plan to correct the situation, what decisions you expect from your counterparty.

Thus, in most cases, when composing a text, you need to pay attention not only to the “negative” part with its demands and justification for dissatisfaction, but also to the “positive” part, in which a specific proposal is made to resolve the problem.

The advantages of pre-trial settlement of the situation are obvious:

• you can save time and money;
• you can maintain a good relationship with a reliable partner who is experiencing temporary difficulties;
• You can also raise your business reputation as a non-conflict partner who has the intention and ability to resolve all contradictions peacefully.

NOTE. Even if you go to court further, it would be right to first formulate your complaints and send them to your partner. If this measure does not have an effect, during the proceedings it will be possible to provide a document as additional evidence that you actually made an attempt to solve the problem without the mediation of the court.

Who can send a letter

In this case, all citizens and legal entities can submit an appeal:

1. Private individuals – citizens of Russia and foreigners.
2. Commercial companies and enterprises (represented by their representatives authorized by the director).
3. Public associations and religious organizations, other legal entities.

The applicant can apply either personally or send a representative acting on the basis of a power of attorney. In the latter case, the data of the power of attorney is indicated - the name and date of preparation.

Sequence of actions when compiling

Before you start composing the text, it is important to correctly analyze the situation in order to understand:

1. What is the purpose of writing an appeal, what requirements already exist for the partner. This will be the main subject of the appeal.
2. How can you justify your dissatisfaction - violation of legal norms, written or oral agreements.
3. What documents can be attached for justification - copies of contracts, checks, receipts, other payment documents.
4. What damage was caused - not only material, but also business.
5. What exactly can you offer: from the point of view of legislation or from your point of view.

Text requirements

Once clear answers to each question have been received, you can proceed to the text. When compiling it, you can rely on general rules business etiquette:

1. The style of presentation is formal and businesslike. Artistic techniques, ambiguous expressions, and personal assessments should be avoided. specific person and even more so negative statements addressed to him.
2. It is advisable to write the text in letterhead companies in printed form.
3. The text should be short enough, but at the same time contain detailed description claims (point by point). It is optimal to keep it to 1-2 printed pages.
4. As you write the text, it is advisable to constantly refer to specific clauses of the contract, legal norms, and other regulatory documents.
5. When writing a proposal, you should also try to justify your actions as much as possible. You can also correctly hint that in case of failure to fulfill obligations, you reserve the right and have the intention to go to court.

Delivery method

The most different ways delivery of the item, but the main task is to obtain documentary confirmation of receipt of the letter. It could be:

• delivery notification;
• receipt of delivery;
• an extract from the log of incoming correspondence (the date, name and number of the document are indicated).

1. In person or by courier (company representative or freelancer).
2. Using Russian Post - in this case you need to send a registered letter, which also includes an inventory describing the attachment (name of the document, original or copy, number of papers, total pages).
3. Using private mail services - door-to-door delivery.

Alternatively, you can send the message by fax, but in this case you cannot receive a return receipt as such. Therefore if there is real opportunity future legal proceedings, It's best to send it by mail by registered mail.

Response time

In general, the response period is 30 calendar days from the date of delivery of the item to the addressee. The countdown begins on the working day following the day of delivery (the date is indicated in the notification). In this case, the response delivery time is not taken into account - i.e. the counterparty or partner is given exactly 30 calendar days to formulate their response.

However, in some cases the period may be reduced:

1. According to the Law “On the Protection of Consumer Rights”, the seller must provide a response to the buyer’s request (or statement of claim) no later than 10 working days.
2. In the case of disputes related to compulsory motor liability insurance, the period is 5 working days.
3. Finally, in many cases, partners initially agree on the specifics of pre-trial resolution of their differences. In particular, a deadline for responding to complaints of a claim nature is often specified.

IN in some cases the parties can agree to increase the review period in advance and enshrine this in the contract. On the other hand, as the situation progresses, depending on the specific circumstances, additional time may also be needed - for example, to conduct an examination, laboratory tests, etc.

In some cases (for example, in connection with rental disputes), the law prescribes a mandatory pre-trial procedure for resolving disputes. It is generally expected that the party suffering damage must first contact his contractual partner in writing. If the answer is in specified deadlines was not received or the answer was not satisfactory, then the company has the right to immediately go to court.

Number of copies

The number of copies is determined by the situation. At a minimum, the letter is written in two original copies - one is sent to the counterparty, the other remains in hand. At the same time, it is advisable to record the fact of sending in your internal log of outgoing/incoming correspondence.

Any number of copies can be made from the original. The company can certify these copies - all pages are stamped and handwritten by an authorized person. Notarization is not required.

Legal force

This is also a fairly important and common question. In fact, a letter cannot be considered a document that is binding on any of the parties. It does not describe rights or obligations because it is not a contract or agreement.

On the other hand, it is the main evidence that the company (or individual) really tried to resolve their differences out of court. Experience shows that most judges have a positive attitude towards such attempts. On the other hand, ignoring the request by the counterparty is a certain reputational and even legal cost for him.

Sample 2019

The legislation does not contain a clear definition of such a document and the requirements for its execution, therefore, when drawing up, you should proceed from the actually established traditions of business document flow, taking into account the specifics of your situation.

1. In the “header” it is written detailed name addressee and sender - official name companies, contact details, full name and position of persons who correspond, i.e. who is speaking and to whom. In the case of private citizens, it is enough to indicate the full name, address, and contact information.
2. Next, the title of the document is written down, it begins with the words “Letter of Complaint”, and then you can clarify the nature of the complaints: for example, “about the return of funds”, “about the quality of the goods”, “about violation of the terms of the supply agreement”, etc.
3. Next comes the actual text - in the introductory, descriptive part, the situation should be briefly clarified: what agreement was concluded, when, under what conditions.
4. Then they formulate a claim. If there are several of them, it is better to list them in a list or arrange them in the form of a table for easier perception by the recipient.
5. After that, they describe their proposals - how you see the solution to this situation. Here we can express the hope that the conflict will actually be resolved without involving litigation. On the other hand, you can hint that if you ignore the appeal, you will have no other choice.
6. After this, the applications are indicated - i.e. quantity, names of attached documents (copy of agreement, original payment order, check, etc.), as well as number of pages in multi-page documents.
7. A signature is placed, a transcript of the signature (last name, initials), and the position of the person applying is written down. A stamp is also placed here if the company uses it in its document flow.

A form that can be adapted for almost any occasion is presented below. A specific examples are discussed in the next section.

In fact, the tone of the text depends on your future plans. If the relationship with your partner is quite expensive, it is best to describe your wishes and complaints in a positive way - as an expression of dissatisfaction, but at the same time hopes for fruitful cooperation in the future. If the relationship has clearly reached a dead end and significant damage has been caused, the appeal should be considered as the last step before filing a claim. And you need to clearly formulate your intentions and convey them to your partner.

Types of claims

The specific design option depends on the reason for the complaints - i.e. what kind of agreement was violated, what exactly the company is dissatisfied with. Next we consider real examples and rules for filing the most common claims.

A refund

This is the most common topic. Typically, a party initially makes an oral request, but in most cases is refused, so it is forced to make a written request or even immediately go to court - at its own discretion.

The features of drawing up such a document include the following:

1. Refund of funds is a rather serious requirement, so it must be carefully justified, referring not only to the concluded agreement, the fact of purchase, attached documents, but also certain legislative norms- for example, the law “On the Protection of Consumer Rights” or the Civil Code.
2. For the same reasons, you should be very specific about the amount, number of the check, payment order, date of purchase/conclusion of the contract and other essential conditions with reference to the relevant documents.
3. Finally, it is important to clarify the deadlines for fulfilling your requirements, which are also justified by law. For example, in case of consideration of a claim in connection with a refund for a defective product, the buyer should proceed from the Law “On the Protection of Consumer Rights” (the seller is given 10 working days to make a decision).

A sample that can be relied upon as ready-made example, is presented below.

Failure to comply with the terms of the contract

This is the most common situation associated with disagreements between representatives of different legal entities. Often individuals who are dissatisfied with the services provided make similar comments. In this case, disagreements may arise regarding:

• violation of certain clauses of the contract;
• failure to fulfill the contract as a whole;
• refusal of one's obligations on illegal grounds, etc.

The structure of the appeal is practically no different, however, it is important to refer to specific clauses of the contract, describe in detail the facts of the violation (date, essence), but at the same time try to avoid determining guilt, because this is already the task of the court.

You can take the following example as a sample compilation:

Debt repayment

Such a letter is most often sent by a bank to its client or to one company from another: the claim includes incomplete repayment of the debt, violation of deadlines, violation of the method of transferring the amount (to the wrong account), etc.

By product quality

In this case, the injured party must describe in detail why it considers the product to be of poor quality, refer to the obligations of the partner under the contract, as well as certain regulations, for example, GOST, which describe quality requirements in detail. The same category can conditionally include those requests that are associated with situations of understaffing, manufacturing defects, traces of mechanical damage associated with poor quality services delivery services, etc.

Missed delivery deadline

Finally, another type of complaint is related to a gross violation of the delivery time. In this case, the party can describe the damage that was received and also indicate their intention to go to court. The following example can be used as a basis:

Drawing up a claim is the main measure of pre-trial settlement, so every company should keep in mind that correct design The document provides additional grounds for hope of resolving problems without the mediation of the court.

Claim

How to write claim letters correctly. Rules of the game and common mistakes.

A claim (letter of claim) is a written request to a party committing violations of the law that infringe on the rights of a legal entity or individual (team) to voluntarily resolve issues to eliminate them. As a rule, it contains reasoned theses that officially inform

At the same time, on some pages of the site there are examples of claims that can be used as samples (1-2).

FROM A LETTER

“Good afternoon, I dare to ask you to help me, if possible, to correctly compose a letter of claim, because my efforts are not bringing results

and the apartment is still cold. And December is just around the corner. Unfortunately, I don’t have the money to contact lawyers.”

Sample letter of claim. How to write it and what types there are

Any legal disputes or disagreements can be resolved not only in court. You can easily convey your dissatisfaction with a letter of complaint.

Let’s say right away that a letter of claim is a written request from a person to his counterparty. Such a letter contains demands to eliminate any violations. With such an appeal, you inform that if the conditions are not met, then you will go to court.

Almost everything employment contracts contain a condition that before going to court, it is necessary to send a letter of claim. Even if there is no such condition, it would be very wise to initially write a letter and resolve the conflict peacefully. Agree, the trial will take a lot of time and resources.

What should be in a sample claim letter?

Such an appeal should always include the following:

Name of the company/organization or full name of the sender. Write the return address and contact information for communication.

Full name of the recipients or name of the organization that receives the sample claim letter. You can also indicate the last name of the head of the organization.

The reason why the violation occurred and what exactly the violation was.

Refer to the rules of law that were violated by the counterparty.

Direct requirement to the counterparty to eliminate the violation.

Possible consequences if the listed requirements are not met.

Stamp, date, signature.

It is worth noting that the sample claim letter can be written by hand, but it can also be printed. In this case, there are no strict rules. However, such an appeal must be written in official style. Very important: avoid ambiguous phrases and any jargon.

Types and features of a letter of claim

Debt repayment letter

In such an application, it is necessary to indicate the exact amount of money owed. In addition, you must write the date of repayment of the debt and that’s it prescribed fines and penalties in case of non-payment of debt. Note that even if the agreement did not provide for interest, the borrower can still demand payment of remuneration for the use of his money. This is stated in Article 395 of the Civil Code.

So that the counterparty understands what amount we're talking about and what it consists of, you must make a detailed calculation of the amount. The entire calculation can be included in the claim letter.

Letter to customer or supplier

In this case, it is necessary to indicate which clause of the contract was violated. Often, the date for fulfilling obligations under the master plan is violated. This may be the delivery of objects under a construction contract or a delay in payment.

In order to somehow back up your claims, you can use the articles of the Civil Code that officially establish these relationships. For example, if overall quality for the work performed turned out to be low, you can use Article 723 of the Civil Code.

Complaint about product quality

This is perhaps the most popular type of claim letter. A product that does not fully perform its standard functions is considered low-quality. So, in the sample claim letter, you must indicate exactly what defect the product has.

According to the legislation of the country, such a claim can only be filed during the warranty period or for two years, starting from the date of purchase.

Claim against a banking institution or insurance company

Let us say right away that adhesion agreements are credit agreements or insurance agreements. Simply put, the client cannot agree on any clause from the contract with the bank or insurance company. There are two options: you either agree or you don’t. But after signing the contract, the illegal clause can be corrected or completely canceled.

So, the claim letter must contain a disputed condition. You must refer to the rule of law that this condition contradicts. If the letter of claim does not work, the bank can be threatened not only with the court, but also with the Central Bank.

Claims against transport companies

From any side transport company The following violations are possible:

Disruption of deliveries of cargo or any goods.

The goods were not delivered in full.

The delivered product is of poor quality.

The delivery of personnel or cargo was overdue.

All responsibility will directly depend on the type of transport. For example, if the cargo was delivered using railway transport, then the late fee will be about nine percent for each delayed day. For this reason, in this case it is necessary to refer not to the Civil Code, but to the contract itself.

Claim letter (download sample claim letter)

Probably, many readers will agree that in our lives there are enough reasons to make claims, but not all modern Russians have an idea of ​​​​how to do this correctly.

That is why you should carefully study the algorithm for drawing up a letter of claim, which will allow you to receive the most complete compensation for damage or any kind of harm.

And so, the concept of a letter of claim should be understood as an official document drawn up in the form of a letter, which is actually addressed to the guilty party in the incident, as well as in the event of its failure to fulfill its obligations under a previously concluded agreement, as well as after suppressing numerous attempts to change the conditions of the previously reached unilateral agreements.

There may be several grounds for making this kind of claim, but the possibility of its use and the conditions for this kind of manipulation must be agreed upon in advance, that is, at the stage of signing the cooperation agreement.

In practice, the procedure for making claims is usually reflected in the form of a description of the claims and the basis for their use. For example, in contracts, a separate column specifies the deadlines for filing claims, the rights and obligations of the parties in connection with the occurrence of of this kind dissatisfaction with cooperation, and, of course, options for resolving such disputes.

Often, all these parameters are included in a special section, which is most often called “Claims (complaints)”, and it is here that the grounds for filing a complaint should be contained, which can be examination reports, documents of acceptance or transfer of goods, a technical test report for products or equipment or so-called commercial acts.

Grounds for making complaints

The most significant grounds for making claims to the second party participating in a previously signed cooperation contract and drawing up so-called complaints are currently considered to be five serious reasons.

For example, qualitative criterion of a product that does not correspond to the parameters that were reflected in the contract and other documents, the consumer can express his dissatisfaction even if the assortment is not fully provided, which was also discussed in advance.

A feeling of dissatisfaction can also be caused by the quantity of goods provided if it differs greatly from the data that was recorded at the stage of negotiations and drawing up the cooperation contract.

Violation of delivery deadlines is also considered a serious reason for drawing up a letter of claim, since in the conditions of fierce competition that is currently observed in the domestic market, representatives different areas business, every second counts, and the slightest delay can lead to thousands of material damages.

If the packaging of the product or its labeling does not correspond to what is stated in the documents, and their illiterate interpretation led to damage to the product category and the impossibility of its further sale, then the recipient of the service can also present his claims to the contractor and demand compensation for the damage incurred.

Also important is the violation of the payment deadline, as well as other types of transactions related to mutual settlements, since any deviation from previously planned activities in this direction can lead to whole line serious inconvenience to the second party participating in the execution of a certain contract.

If other conditions and criteria for cooperation arise or exist that are specified in the contract, you can also draw up a letter of claim, since this manipulation is not prohibited by current legislation, and the Sami participants in the cooperation have foreseen this possibility in advance.

How to make money on Forex without experience?

CLAIM

A claim is a statement of demands for the restoration of one’s rights to something, sent to the counterparty in writing. It is right to begin any settlement of existing disagreements by sending demands to the violator of your rights.

How to write the correct claim/complaint?

It is written in such a way that the counterparty is encouraged to fulfill your requirements as quickly as possible. To do this, use links to laws, regulations legal acts, examples from judicial practice and business customs. And, of course, excerpts from the agreement on the basis of which arose between you civil legal relations, and contrary to the terms of which your rights are violated and your obligations are not met.

The letter of claim must not have emotional coloring, because restraint always indicates a sober perception of the situation and a balanced assessment of one’s legal capabilities in this claim. In addition, the pre-trial demand must be clear, concise, reflecting only the main and key points the current conflict. Excessive content will indicate scatteredness and uncertainty in the requirements. In conclusion, indicate your intention to seek restoration of justice in court if the violation of your rights is not eliminated.

The response to the claim is written according to the same principle, but the reasons for your disagreement are already indicated.

It is better to submit letters of claim by registered mail with return receipt requested and be sure to ask the postal worker to give you a list of the documents enclosed in the envelope.

Sample contract claim:

From whom________________

To whom_________________ _

20__ Between LLC _____ (indicate the full name), as a developer, and LLC _____, as a general contractor, contract No. was concluded for construction and installation work (hereinafter referred to as the contract).

The subject of the concluded contract was the implementation by the developer of construction and installation work and commissioning of the facility located at the address: ________ (hereinafter referred to as the facility).

According to paragraphs ____ of the contract, the general contractor obliged in accordance with project documentation carry out the construction of the Facility in a quality manner and obtain permission to put it into operation. The general contractor also undertakes to ensure timely elimination of shortcomings and defects identified during the warranty period of operation of the facility.

The facility was put into operation in accordance with the permit for commissioning of the facility dated _______20_.

In accordance with clause __ of the contract, if during the warranty period for the quality of the work performed (__ years from the date of receipt of permission to put the facility into operation) it is revealed that the work was completed with defects, the customer, together with the general contractor, draws up an appropriate report reflecting the identified deficiencies.

20_g. (during the warranty period) an inspection of the facility was carried out to identify defects and deficiencies in the work performed by the general contractor. As a result of the inspection, a working commission consisting of employees of the developer ____ (indicate full name and position) and a representative of the general contractor, represented by ____ (indicate full name and position of employees), identified defects and shortcomings of the work performed, o how the Working Commission Report was drawn up (Appendix No. 1 to this claim).

Based on the above, I ask you to eliminate those specified in the Act of the working commission dated _______20_. defects and shortcomings of work performed up to __ _____20_.

In case of failure to fulfill warranty obligations under the contract, our company (indicate full name) intends to demand restoration of violated rights in court, as well as payment of a penalty for delay in eliminating defects in the amount of __% of the cost of work to eliminate identified defects for each day of delay against the established deadlines in this requirement (clause __ of the contract).

Date, full name and the signature of the manager.

How to write a sample complaint letter? What is pre-trial dispute resolution?

How to write a complaint correctly? What is the pre-trial dispute resolution procedure?

The legislation of our country provides for the settlement of emerging disputes out of court.

In some cases, directly stated in legislative acts, pre-trial settlement of a dispute is a prerequisite for the subsequent acceptance of a statement of claim by the court.

As a rule, settlement begins with the fact that a motivated letter of claim is sent to the counterparty, a sample of which you can find in the Document Samples section of our website.

So, how to write a letter of complaint?

A claim regarding the quality of a product is made in writing, a signed version of which is sent to the opposite party. The notice must include the following information:

1. Name and address of the defendant (legal and actual).

2. The essence of the requirements. Here it is necessary to describe in detail the current situation, claims against the counterparty and options for solving problems, as well as their deadlines.

3. A claim regarding the quality of goods is signed by an authorized person (entrusted with such right) and, if the initiator of the letter is entity, a seal imprint is placed. You can attach documents to the document confirming the valid powers of the person who signed it; this could be a copy of the power of attorney or an extract from the Unified State Register of Legal Entities. It is necessary to monitor the fact that you have the appropriate authority to sign the letter, since if it later turns out that such an official letter was signed by an unauthorized person, then the claim, pre-trial settlement of the dispute may be recognized as invalid, which in turn may lead to a refusal to claims.

Rules for sending letters

A letter of claim is sent to the defendant with a valuable letter with acknowledgment of delivery and a description of the contents. This is done in order to opposite side was unable to protest the fact that the plaintiff complied with the pre-trial procedure for resolving the dispute. Sending such documents by other means: Internet, fax, courier organizations, etc. as a rule, the court does not recognize it as proper notification, which entails corresponding legal consequences.

If the defendant does not mind, then a copy of the letter can be given to his representative. In this case, the second copy must contain the inscription that the claim was received, the last name, first name, patronymic, position of the person who accepted the document, the date of acceptance, as well as the counterparty’s seal.

Actual postal address (actual location of the counterparty).

If an organization has several addresses, it is advisable to send the letter to all known addresses. Usage alternative means communications are not excluded; they can only serve as an addition to the main method of communication.

Conducting an examination of completed work

If the parties have disputes regarding the work performed (services provided), then within the framework of the claim procedure, studies and examinations can be carried out, in which any third parties can be involved.

A claim regarding the quality of a product can be notarized, but this is not necessary and will lead to increased financial costs.

An out-of-court settlement of a dispute may result in the signing of a document that fully resolves the essence of the dispute, for example, an act of offset, a sample of which you can find on our website. Otherwise, after filing a claim without an effective filing, the relevant documents are prepared to submit them for consideration by an authorized court, the judicial system of the Russian Federation.

Why are pre-trial dispute resolution procedures necessary?

The presence of a claim procedure significantly affects the size and procedure for calculating penalties, penalties and fines for non-compliance with the terms of the contract. The delivery of the claim determines the procedural deadlines for carrying out certain actions (filing a statement of claim, the amount of the penalty, accepting the results of the work performed, etc.).

Despite the results of pre-trial negotiations, its very fact will have a positive impact on the reputation of the plaintiff, who has taken all possible options to avoid litigation.

Our website contains various options you need legal documents, you can familiarize yourself with them in the section Sample documents or contact us for help.

How to write claim letters correctly. Rules of the game and common mistakes.

Claim (letter of claim) - a written request to the party committing violations of the law that infringe on the rights of a legal entity or individual (collective) to voluntarily resolve issues to eliminate them. As a rule, it contains reasoned theses that officially inform about ongoing violations with references to relevant laws, regulations and other regulatory documents. The demands put forward by the claim are usually sounded in the form of an ultimatum.

We regularly receive requests to write a claim (claim letter) various organizations. However, this activity is carried out on on a commercial basis, besides, for us it is non-core. At the same time, taking into account the fairly large circle of our visitors interested in drawing up a competent claim, we decided to talk about the basic principles of drawing up a claim letter individuals who often experience difficulties in this field.

At the same time, on some pages of the site there are examples of claims that can be use as samples.

FROM A LETTER

“Good afternoon, I dare to ask you to help me, if possible, to correctly compose a letter of claim, because my efforts are not bringing results and it is still cold in the apartment. And December is just around the corner. Unfortunately, I don’t have the money to contact lawyers.”

I. Claim and complaint

This epistolary genre is characterized by such phrases as “otherwise we reserve the right...”, “we will be forced...”, “go to court...”, “transfer this document to the following regulatory authorities: ...”, “and also protect your rights in other ways that do not contradict the legislation of the Russian Federation...”. The claim can be written by both legal entities and individuals, and its addressee can be both private organizations and government ( municipal institutions, authorities), and private individuals.

Perhaps the main thing fundamental difference the claim from the complaint (or statement, appeal) is that it is a kind of challenge “to a duel” and is addressed to the party committing lawlessness, while the complaint in most cases is sent to the authorities with a request to stop the arbitrariness being committed. If the recipient ignores the claim, a copy of the document can be used as evidence, which can be used to appeal in court or when writing a complaint (application, statement) to bring the negligent organization to administrative and/or criminal liability.

Thus, a claim can also be considered as one of the methods of waging a “paper war”, which allows you to protect your rights in a pre-trial manner, bypassing litigation that requires large amounts of time and money. Below we will talk about the basic principles of filing a complaint, which at the same time should be recommended to be followed when writing complaints.

II. Sample outline of a typical claim letter

▪ general description situations. The complaint unemotionally (preferably) sets out the essence of the problem and lists in detail the violations committed.

▪ Quotes from regulatory documents. Each of the listed violations is substantiated by quotations from relevant laws and resolutions.

▪ Demands, usually put forward in the form of an ultimatum. In most cases, in order to eliminate the violations committed by the addressee of the claim, it is advisable to set a time period - especially if it is provided for by law (for example, liquidation.

▪ Signature and “signature decryption” a citizen or a group of citizens against whom rights have been violated.

▪ Date.

▪ Application. As a rule, evidence is included in this section: copies of letters, certificates, photographs, video and audio recordings. These documents can be referred to in the main text of the claim.

III. Making and sending a claim

▪ If the volume of the claim takes up two pages or more, ideally they should be numbered, bound, signed: “There are so many pages bound and numbered in this folder.” This service is provided by some office supply stores that provide photocopying, binding, and other secretarial services. However, almost no one has the patience to carry out this bureaucratic procedure, including professional lawyers.

▪ If the application consists of two pages or more, it is advisable to divide the “application” section into Appendix-1, Appendix-2, and so on, based on the number of pages (Appendix No. 1: certificate of the city BTI, Appendix No. 2: unsubscribe from the director management company"Horns and hooves").

▪ The documents transmitted to the addressee by the attachment are listed at the end of the claim letter: “Annex on... pages. Appendix No. 1: certificate from the city BTI, Appendix No. 2: unsubscribe from the director of the management company “Horns and Hooves”.

▪ It is advisable to prepare a claim in at least two copies. It is advisable to take them personally to the reception organization. The first copy is handed over to its manager, the second (or copy) is stamped with the date of receipt. The second copy of the claim remains in the hands of the sender.

▪ In case of refusal to accept the claim, a letter is sent by mail - necessarily with notification and description attached. The postal receipt indicating the date the document was sent is retained by the sender.

▪ State the situation in clear and concise language.

▪ Do not write anything unnecessary. If the content of the claim boils down to a requirement, for example, to immediately provide heat, there is no point in mentioning that the house has not had major repairs for 125 years, and the alcoholic plumber from the housing department has not been repairing the sewer system for half a century. You will write about major repairs and plumbing in another paper, where, most likely, there will be no point in writing about the heating being turned off. Transfer various facts, unrelated to the case, can turn against you, sowing confusion during further administrative and judicial proceedings, negatively turning officials from various authorities against you and introducing you as not very sane people.

▪ At the same time, present all the facts that are directly related to the issue raised with careful meticulousness, supporting them with all the documents you have on hand.

▪ Do not accuse the recipient of violations of the law that you cannot prove. Such an act discredits the claim to the level of gossip on the ground. Don’t forget: before you sit down to make a claim, you need to have a reason for it. To begin with, you should simply formally contact the organization with a request to solve existing problems.

▪ Under no circumstances should you stoop to insulting your opponent with the words: “scoundrel,” “scoundrel,” “thief,” “fraudster” - especially if you do not have the appropriate evidence! Otherwise, the addressee of the claim may sue you in response and even sue you criminally for libel or insult. Some lawyers who still want to “blow off steam” on paper, as an “outlet”, begin their claim with the words: “dear Ivan Ivanovich...” (no one can force you to respect your opponent).

▪ Do not appeal to such high matters as conscience, honor, dignity. The officials, to whom, quite possibly, the claim will subsequently fall, do not live according to their conscience! Moreover, due to the abundance of instructions and resolutions coming in droves from various higher offices, they, in principle, physically cannot live according to their conscience, since this is not required of them by higher management. All their energy is spent on complying with the orders issued, many of which are meaningless and absurd. Thus, the beautiful impulses set out in the complaint by the “lyrical” souls will most likely be perceived during the proceedings as some kind of “false instructions” that are not relevant to the case and confuse the situation, since no one is obliged to follow them.

▪ In connection with the thesis above, when drawing up the text of the claim, pay attention to close attention, to what extent this or that action of your addressee corresponds to this or that point official letter. Departmental order, regulation or law.

A claim is a pre-trial document. Most often, claims are written if this is provided for in the contract. Otherwise the court simply will not accept statement of claim for consideration.

But even if the contract does not contain a provision for a mandatory pre-trial procedure for resolving a dispute or there is no contract at all, and, for example, there is a store receipt, a well-drafted claim can bring positive result. And there will be no need to bring the case to court, wasting time, nerves and money.

Citizens most often make complaints about goods purchased in a store or a service provided by a company. There are also frequent complaints against developers about violation of construction deadlines (delivery of the house) according to the building regulations and about the elimination of deficiencies (in terms of the quality of the apartment).

But no matter what issue the complaint is about, it is written according to a certain scheme. Let's take a closer look.

By the way, you can download claims for the protection of consumer rights and for shared participation in construction at.

Contents of the complaint: what to write

Despite the fact that any claim is drawn up in free form, a well-drafted document must have its own specific structure, which has been developed in practice.

The claim consists of the following elements:

1. "A cap".
2. Title.
3. Factual grounds (description of the situation, plot).
4. Legal grounds.
5. Calculations of penalties, interest.
6. Requirements.
7. Deadline and procedure for response.
8. Possible consequences of a negative response or non-response to a claim.
9. Applications.
10. Date, full name, signature.

Now let's talk about everything in order.

“Hat” - who to send the claim to

The “heading” in any document is who it is addressed to and who it comes from. It is written in the upper right corner. First it is written to whom, then from whom.

For example:

General Director of Vasilek LLC

Shabalin Viktor Petrovich

630098, Novosibirsk, st. Pisareva, house 1

from Ivanov Vitaly Vasilievich

630032, Novosibirsk, st. Lenina, house 1, apartment 10

Tel. +7-923-24-923-28

Email: [email protected]

If you don’t know the manager’s name, don’t write. It's not required. The main thing is to correctly indicate the name of the organization and legal address. Pay special attention - legal address, and not where the organization is actually located.

You can find out the correct name and legal address (registration address of the legal entity) on the tax service website using this link - https://egrul.nalog.ru

In your data you must indicate your full last name, first name and patronymic, registration address, contact number and email if desired.

Heading

It is written large, in the center. You can simply indicate the word “CLAIM”, or you can go into more detail.

For example, “Claim for violation of deadlines for delivery of a shared construction project under agreement No. 2121 dated February 12, 2016.” or “Claim for return of goods of inadequate quality.”

Factual grounds (description of the situation, plot)

In this part, you need to briefly describe what prompted you to file a claim. That is, answer the questions: what, where, when. You can also indicate possible reasons.

Essentially this is a description of the situation that happened.

Don't describe everything in too much detail. We only need dry facts:

• when and with whom the contract was concluded,
• what is the subject of the contract,
• when deficiencies are discovered or when something happens
• and so on.

Legal grounds

This is a purely legal block. Here you need to indicate the rules of law (specific articles of law) on which your claim is based.

It should be remembered that in our country laws change almost every day. Therefore you need to be very careful. Or contact a lawyer who is “in the know” about the issue.

One more note - you need to choose the right law, which really applies to your legal relations. There are often mistakes here too.

Otherwise, if you make serious mistakes, they will simply laugh at your claim. Therefore, beware of downloading from the Internet ready-made templates with articles that were relevant several years ago. You know it yourself - the Internet is full of garbage. Be careful!

Calculations of penalties, penalties, interest

Penalties (penalties, interest) are calculated either on the basis of an agreement or on the basis of law.

For example, if this is a claim against a developer who violated construction deadlines, the penalty is calculated on the basis of Federal Law 214.

If this is a claim about the use of others in cash– Art. applies 395 of the Civil Code of the Russian Federation.

Calculations must be carried out scrupulously, accurate to the day. It is better to provide the formula (with explanations) on the basis of which you calculate. This will be much more serious and justified.

The result should be a specific amount, accurate to the nearest ruble, which you will demand from the debtor.

Requirements

After all justifications and calculations, the final requirement is formulated. What exactly do you want. Requirements must be formulated as clearly and unambiguously as possible.

For example, “I demand a refund of the amount paid for the goods in the amount of 20,000 rubles. At the same time, I inform you that I refuse to execute the purchase and sale agreement.”

Your requirement is one of the most important components of the claim. It is better to highlight it in the text so that it catches the eye when reading the document.

Response time and procedure

If your contract does not provide for a deadline for responding to a claim or you do not have a contract, set your deadline. Usually they set 5,7,10 and 30 days.

Sometimes the deadline is set by law. For example, according to Art. 22 of the Law of the Russian Federation “On the Protection of Consumer Rights” consumer requirements on a proportionate reduction in the purchase price of the goods, reimbursement of costs for correcting defects in the goods by the consumer or a third party, refund of the price paid for the goods sum of money , as well as the requirement for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality or the provision of inadequate information about the goods, are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant request.

It would also be a good idea to indicate how you should be given an answer. Example of wording: “Please give your answer in writing, having previously communicated your decision to me by phone at later than expected, defined by the Law of the Russian Federation “On the Protection of Consumer Rights”.

Possible consequences of a negative response or non-response to a claim

Everyone knows very well the phrase “otherwise I will go to court.” But this is very banal. And such a “scarecrow” will not surprise anyone.

It is better to indicate specific Negative consequences, which may arise from the opponent. For example, additional fines, expenses for state fees, legal services, etc. You can also point out reputational risks.

The law contains a lot additional measures impact.

For example, in our claims under the Law on the Protection of Consumer Rights and in disputes with developers under the DDU, we use up to 6-7 methods of additional influence. And it's not empty words. This is real money, which can then be used to “punish” the defendant in court.

Applications

As attachments, you need to indicate copies of documents with which you confirm your words.

These can be copies of contracts, checks, receipts, acceptance certificates, expert opinions, assessment reports, etc.

Don't overdo it with documents. You only need to use those that your opponent does not have.

Date, full name, signature

There should be no questions here - everything is simple. Enter the date of writing the claim, signature and transcript.

Where can I download a claim sample?

Even though the Internet is big and you can find a bunch of templates in 30 seconds, you shouldn’t blindly trust them.

First, many of the claims were compiled not by lawyers, but by “amateurs,” students or content managers.

Secondly: every second claim does not comply with current legislation or is drawn up extremely superficially, hastily.

Thirdly: free cheese only comes in a mousetrap.

Therefore, if you don’t want to get into a puddle, contact a normal lawyer or download truly verified documents.