Legal justification for the letter of claim
Posted: Tue Dec 24, 2024 6:32 am
This part of the claim letter provides references to the relevant legislation governing this issue.
Example
In the sales contract, paragraph 1.5 states that payment for the delivered goods must be received within five days after shipment, and paragraph 12.3 of the contract provides for the accrual of a penalty for each calendar day of late payment in the amount of 0.01% of the payment amount. As of February 24, the penalty amount is 1,075 rubles 05 kopecks (one thousand seventy-five rubles five kopecks).
Important! The claim letter must clearly indicate not only the amount of debt, but also separately the amount of penalties for a certain period. Otherwise, when you subsequently apply to the court, the claims may not be satisfied.
Example
By the decision of the Arbitration Court of the Sverdlovsk algeria email list 1.76 million contact leads Region in case No. A60-31787/2022, the claims for the recovery of penalties for a period of 9 months in the amount of 550,965 rubles were left without consideration, since the pre-trial claim letter sent by the plaintiff did not contain specific demands for the recovery of penalties.
Suggestions for resolving the problematic situation
Presentation of clear, understandable demands to the counterparty, proposals for possible options for resolving the problem, as well as a list of administrative sanctions that will be applied if the claim letter is ignored.
Example
We recommend that you pay off the accumulated debt to Raketa LLC within three days. In case of non-payment of the debt, our company will be forced to apply to the arbitration court with a claim in the established manner.
Applications
If you have additional evidence to support your claims, attach it to the claim letter. List all documents separately.
At the end of the letter, offer to peacefully resolve the conflict out of court.
Leave space at the bottom for the sender's signature and the date of the document.
Documents for download
Sample claim for poor quality service
Sample Claim Letter for Refund of Funds
Sample of a claim letter on non-fulfillment of the terms of the contract
Increase Profits by 200%: Download 5 Powerful Tools for Free
Alexander Kuleshov
Alexander Kuleshov
General Director of Sales Generator LLC
Read more posts on my personal blog:
Over the past 7 years, we have conducted over 23,000 comprehensive website audits and I have learned that all of us as leaders need clear and working algorithms for our marketing and sales.
Today we will share with you the 5 most valuable documents that we have developed for our clients.
Download for free and implement today:
How to find out the 5 key marketing metrics in your company?
Step-by-step calculation template with fields where you can insert your data
How to make a KPI for a sales manager based on his work results?
Current template for calculating KPI for sales manager
9 Examples of Universal Selling Commercial Proposals
Upgrade your CPs to close more deals
Cold Lead Processing Script Template
A checklist of ready-made questions for engaging cold clients
7 Profitable Marketing Strategies Examples
Will help increase customer flow by at least 30%
Download the collection for free
pdf 8.3 mb
doc 3.4 mb
Already downloaded
153131
Three examples of writing claim letters
Let's look at some specific examples of writing claim letters.
Claim letter for debt repayment
There are several reasons why you may need to write a letter demanding payment of an outstanding debt:
violation of payment terms established in the contract;
loan delinquency.
Sending a claim letter is mandatory if you plan to file a claim for forced debt collection. Without a preliminary attempt at pre-trial settlement, as evidenced by this letter, the claim may not be satisfied, and may not be considered at all.
The structure of the claim letter is standard, and the content is freely formatted, but with mandatory references to the clauses on the violation of deadlines and the amount of payment under the contract.
Claim letter for debt repayment
Source: shutterstock.com
The nuances depend on the type of agreement:
purchase and sale;
rent;
contract of work;
shipping;
storage;
provision of services;
other.
It is advisable to provide references to the legislative acts that were violated. It is also necessary to indicate the timeframes during which the counterparty is ready to accept payment of the debt without charging a penalty (or indicating the amount of the penalty), without going to court.
Document for download
Example
In the sales contract, paragraph 1.5 states that payment for the delivered goods must be received within five days after shipment, and paragraph 12.3 of the contract provides for the accrual of a penalty for each calendar day of late payment in the amount of 0.01% of the payment amount. As of February 24, the penalty amount is 1,075 rubles 05 kopecks (one thousand seventy-five rubles five kopecks).
Important! The claim letter must clearly indicate not only the amount of debt, but also separately the amount of penalties for a certain period. Otherwise, when you subsequently apply to the court, the claims may not be satisfied.
Example
By the decision of the Arbitration Court of the Sverdlovsk algeria email list 1.76 million contact leads Region in case No. A60-31787/2022, the claims for the recovery of penalties for a period of 9 months in the amount of 550,965 rubles were left without consideration, since the pre-trial claim letter sent by the plaintiff did not contain specific demands for the recovery of penalties.
Suggestions for resolving the problematic situation
Presentation of clear, understandable demands to the counterparty, proposals for possible options for resolving the problem, as well as a list of administrative sanctions that will be applied if the claim letter is ignored.
Example
We recommend that you pay off the accumulated debt to Raketa LLC within three days. In case of non-payment of the debt, our company will be forced to apply to the arbitration court with a claim in the established manner.
Applications
If you have additional evidence to support your claims, attach it to the claim letter. List all documents separately.
At the end of the letter, offer to peacefully resolve the conflict out of court.
Leave space at the bottom for the sender's signature and the date of the document.
Documents for download
Sample claim for poor quality service
Sample Claim Letter for Refund of Funds
Sample of a claim letter on non-fulfillment of the terms of the contract
Increase Profits by 200%: Download 5 Powerful Tools for Free
Alexander Kuleshov
Alexander Kuleshov
General Director of Sales Generator LLC
Read more posts on my personal blog:
Over the past 7 years, we have conducted over 23,000 comprehensive website audits and I have learned that all of us as leaders need clear and working algorithms for our marketing and sales.
Today we will share with you the 5 most valuable documents that we have developed for our clients.
Download for free and implement today:
How to find out the 5 key marketing metrics in your company?
Step-by-step calculation template with fields where you can insert your data
How to make a KPI for a sales manager based on his work results?
Current template for calculating KPI for sales manager
9 Examples of Universal Selling Commercial Proposals
Upgrade your CPs to close more deals
Cold Lead Processing Script Template
A checklist of ready-made questions for engaging cold clients
7 Profitable Marketing Strategies Examples
Will help increase customer flow by at least 30%
Download the collection for free
pdf 8.3 mb
doc 3.4 mb
Already downloaded
153131
Three examples of writing claim letters
Let's look at some specific examples of writing claim letters.
Claim letter for debt repayment
There are several reasons why you may need to write a letter demanding payment of an outstanding debt:
violation of payment terms established in the contract;
loan delinquency.
Sending a claim letter is mandatory if you plan to file a claim for forced debt collection. Without a preliminary attempt at pre-trial settlement, as evidenced by this letter, the claim may not be satisfied, and may not be considered at all.
The structure of the claim letter is standard, and the content is freely formatted, but with mandatory references to the clauses on the violation of deadlines and the amount of payment under the contract.
Claim letter for debt repayment
Source: shutterstock.com
The nuances depend on the type of agreement:
purchase and sale;
rent;
contract of work;
shipping;
storage;
provision of services;
other.
It is advisable to provide references to the legislative acts that were violated. It is also necessary to indicate the timeframes during which the counterparty is ready to accept payment of the debt without charging a penalty (or indicating the amount of the penalty), without going to court.
Document for download