First you need to figure out what a claim is and what it exists for. A claim is a document that is drawn up to resolve a controversial issue in a pretrial order.
There is no strict form for writing a claim; you can easily compose a document in any form. But if you are not confident in your knowledge, it is better to seek the help of a specialist who will help a competent person to draw up a document. In this case, you immediately indicate the seriousness of your requirements and intentions. The claim must include as much information as possible about the problem: details of both parties, the reason for the dispute, possible solutions, the amount of compensation required, the time period for consideration of the claim. It is necessary to describe the essence of the problem as concisely as possible, as well as to collect all the necessary additional documents on the case (checks, agreement, etc.). You can submit a claim in several ways:
- personally to the representative of the defendant;
- using mail in the form of a registered letter ;
- the representative of the defendant with third parties (witnesses) who are not interested in the case. Mandatory indication of witness data, contacts and their paintings.
The time period for considering a claim depends on the reason for filing it. In general, based on Article 314 of the Civil Code of the Russian Federation, one can indicate in the form the desired, but
reasonable deadlines . Unless, of course, otherwise was agreed in writing earlier. But if the case still comes to court, then it is the judiciary that will decide the reasonable time and objectivity of their appointment. When setting the time limit for considering a claim, you must determine the approximate time for which your counterparty will be able to respond with the necessary action (to eliminate the shortcomings, conduct an examination, etc.) to your application. If the court decides that the deadline was adequate and logical, the defendant will have to pay a fine for each day of delay. In this case, the debtor can, of course, eliminate the cause of the claim before the deadline.
Most often, controversial issues arise with the consumer. The time period for consideration of a consumer’s claim depends on the specified method of eliminating the cause of its occurrence. If you want to return the money, then the period is usually no more than 10 days. If it is possible to replace the product with another one that meets the declared characteristics, the claim will be processed within 7 days. In the case when product defects are eliminated, the time allotted for this is agreed upon, but it cannot be more than 45 days.
Consider a situation where you need to make a claim to the bank. Before using the products of such organizations (credit, deposits, etc.), you sign an agreement, which should indicate the period for consideration of the claim by the bank in case of contentious issues. If you did not find such a clause in the contract, then also rely on Article 314 of the Civil Code of the Russian Federation and specify "a reasonable period" on your own. Usually no more than 10 working days are sufficient. Sometimes the term for consideration of a claim may be reported to you by bank employees when accepting the form. If this period suits you, then you can specify it in the claim form. But be sure to label it in writing.