The owner of any business, even if it will be a small enterprise, may find himself in a situation when one of the counterparties has filed a lawsuit against his company. Situations may be different. For example, one of your suppliers did not deliver the goods on time, as a result, you could not get to work on time and complete the order on time. Similar situations in business happen all the time, you have to be prepared for this.
In the event that your company has filed a lawsuit, you must write a review of the statement of claim. The plaintiff must first send the claim for damages to the defendant, after which the second copy of the claim is sent to the court along with evidence that the claim was sent to the defendant. This rule is mandatory for the arbitral tribunal to accept the statement of claim. If the claim is not directed to the defendant, consideration of the application will be left without consideration.
In any case, you must write a response to the statement of claim to the arbitration court, even if you agree with the claim. In the event that you do not agree with the claim, you will definitely need to make a response to the statement of claim.
In the field of civil rights, the guilty principle applies. What does it mean? This means that almost anyone can sue your business. With a sufficient amount of documents, from which it is clear that you are obliged to perform some work, services or deliver goods, the court can make a decision in satisfying the claim in favor of the plaintiff. This situation may occur if you do not respond to the claim. Recalling a statement of claim can correct this situation.
In civil law, you must prove your innocence. In order to competently build your line of defense, you need to start with the correct paperwork. It is not in vain that large enterprises have entire departments whose responsibilities include the full support of contracts, as well as the strict fulfillment of contractual obligations of their company and its business partners. In case of violations by their counterparties, all the necessary materials from the contract department are transferred to the legal department to recover losses.
What to do to the small enterprise which cannot afford to support a large staff of employees? To take a lawyer for a permanent job or contact a law firm?
Today, legal outsourcing of the enterprise has become widespread in the legal services market. Such a service includes legal services in selected areas. This service may include the development of forms of basic agreements of the enterprise, maintenance of contracts, preparation of claims. These experts also help to file a response to the statement of claim.
In the case of a lawyer hiring for a permanent job, you will have to equip him with a workplace, pay wages and taxes, and pay social benefits. When concluding a contract with a law company, you only pay the amount indicated in the contract.