Claim under a contract in Kyiv

Claim for repayment of debt, refund for goods, shoes, phone payment, defective goods, provision of services

A claim will help protect your rights when purchasing defective goods or receiving poor-quality services. Almost everyone has heard of the Law “On Consumer Protection”, but not everyone knows how to assert their rights using this regulatory act. One way to protect your rights is to file a claim against the entity that violated the consumer’s rights.

What is a claim?

So what is a contractual claim and drafting a claim? A claim is a document that expresses a negative attitude of a person to a completed purchase or to received services. Such a document can be submitted by either an individual or a legal entity. As for the addressee, the claim is presented not to a specific citizen who sold the goods or provided the services, but to the legal entity or entrepreneur.

A claim is a written statement of demands to remedy violations committed by one of the parties to the contract. The document through which a legal dispute can be resolved at the pre-trial stage should contain the reasoned position of the business entity regarding the counterparty’s (partner’s) failure to fulfill contractual obligations. In addition, the claim may include demands concerning compensation for damage and reimbursement of losses incurred by the harmed party as a result of the violations. The purpose of preparing such a document is to resolve the arising disagreements out of court.

Sample claim

A sample claim is a template used to prepare the document. A standard claim, with a sample of which you can familiarize yourself on our company’s website, should contain the following information:

• name of the enterprise or the details of the legal entity to which it is addressed;
• date of document preparation;
• the basis for making the claim, which implies a general description of the situation and a list of breached obligations;
• extracts from regulatory legal documents referred to by the injured party;
• requirements addressed to the recipient and the deadlines for their satisfaction;
• calculation of the amount, if the document entails monetary compensation;
• consequences that will follow in the absence of an appropriate response from the recipient — for example, going to court with subsequent recovery of penalties;
• signature of the person whose rights were violated as a result of the non-fulfillment of contractual obligations.

In addition, documents forming the evidentiary base are attached to the claim. These may be copies of certificates and letters. Photographs, audio and video materials may also be used as evidence.

Drafting and formatting a claim

How to draft a claim? Such a document can be drawn up in any form (but in any case do not forget about politeness). The claim should be written in two copies, indicating your contact details (phone, address). It is also recommended to indicate in the claim: who sold the goods (provided the service), describe your demands (exchange the product, refund the money, etc.), if due to purchasing a defective product (service) you incurred losses, you need to indicate their amount and how they are manifested.

When drafting a claim, it is necessary to observe all the nuances provided by law to avoid the possibility of the document being rejected on formal grounds. It should be understood that the claim itself does not oblige the participant in the legal relationship to take any actions. The task of a lawyer is to draft the document so that the demands set out in it are met.

Where to file a claim?

A claim for breach of contract is handed to the direct addressee or their representative. It must be signed by an authorized person of the business entity.

To whom should the claim be delivered? The written claim can be handed to any employee representing the individual entrepreneur or legal entity. The main thing is that on the second copy the person who received the claim puts a signature and the date of receipt. If they refuse to accept your claim, you can take two witnesses with you who, if necessary, can confirm the refusal in court.

Ignoring a claim

And what if the claim is ignored? If no response to the claim is received within a month, or the company’s response is negative, you have the right to go to court. Thus, if after following all the rules for drafting and submitting the claim, the demands stated in it are ignored by the recipient, the injured party may file a corresponding lawsuit in court.

Our lawyers and attorneys are always ready to help you with drafting and formatting the claim and to advise on any questions that arise.