A claim is a claim expressed by an unsatisfied consumer of goods or services. This document expresses not only dissatisfaction, but also proves the fact of inconsistency of the declared quality of the received goods or services. Also, the party making the claim makes demands to eliminate the reasons that violated the rights.
The role of the document in the pre-trial settlement of the dispute
For pre-trial proceedings between the parties, a claim is a real opportunity to understand financial relations without the participation of a judge and the costs of the proceedings.
As practice shows, indeed, pre-trial settlement of a dispute saves not only nerves and money, but also time. For example, if this concerns an enterprise, then it has a real opportunity to cope with receivables in a short time and increase economic performance.
In civil circulation, a claim is also an opportunity to resolve the conflict, which occurs most often against the background of the acquisition of low-quality goods.
In what cases can you do without filing a claim?
The Civil Code provides that it is impossible to go to court without first contacting a party with a claim in the following cases:
- if there is a direct reference to this in a certain federal law;
- if such a procedure is provided for by the terms of the contract.
If a person files a lawsuit in court without observing this rule, the proceedings will not be opened, and the application will be rejected.
In particular, such a norm is provided for in relations where a carrier, telecom operator or forwarding company is involved.
Why do you need a claim and who can make it?
A claim is a real opportunity to resolve the conflict that arose in the performance of obligations under a particular transaction. Any business owner would prefer to receive a claim rather than a copy of the statement of claim. After all, upon receipt of a claim, there is always a real chance to negotiate with the discontented party, without paying state fees for the trial.
Any person, both legal and physical, is entitled to file a claim if the purchased goods or the provided service is of inadequate quality.
We draw up the requirement for the other side of the transaction
It’s easy to make a claim, you just have to adhere to some rules. It is written by hand, and the printed version is also allowed.
At the top of the document, the address and the compiler of the letter of claim, full details, address and passport data are indicated. Then the title of the document “CLAIM” is written.
The main part of the document should highlight the problem, starting from the moment of conclusion of the contract or the purchase of goods (services), with all references to documents (checks, invoices, and so on). The essence of the requirements is described below and what actions led to the violation of the applicant’s rights. If the requirement concerns a monetary value, then the total amount of the claim is prescribed. In the last paragraph of the main part, it is recommended to refer to regulations.
Then it indicates what solutions the applicant offers. For example, he wants to return the goods, and in return receive paid funds. At the very end of the complaint letter, the terms of consideration of the claim and a warning about further actions are indicated if the claim is not satisfied.
The final part consists of the date and signature of the originator of the document. It is mandatory to attach all documents to which there is a link in the text of the claim. In addition, it is necessary to list them before the final part of the text.
The document is made up in two copies, one of which is recommended to be sent by signature or sent via mail (required by registered mail).
Terms of consideration and what to do next?
The Civil Code does not provide for clear deadlines for the consideration of claims; there are references to them only in certain regulatory acts, but they relate to specific situations. A reasonable time for consideration of a claim is the period from 7 to 45 days after receipt of the claim. If after this period the recipient of the document did not give an answer, or answered, but in the negative, then you will have to go to court.
Claim: what is it? Simply put, this is a document that allows you to protect your rights before applying to the court. This document indicates the essence of the problem and the way to solve it, which the compiler of the requirement sees. In addition, the applicant has the opportunity to stipulate a time period within which he would like his request to be satisfied. As well as a warning that the applicant is ready to go to court for the protection of his rights.