How to write and format a claim

The client needs to know how to draft a claim and send the letter in such a way that the contractor under the contract cannot ignore their demands. Legal company Nakaz provides assistance in drafting claims. You can find information about the cooperation scheme and the company’s service prices on the page Claim under the contract.

The company’s staff provide consultations, advise on how to prepare a claim and correctly formulate demands, based on the norms of the current legislation.

What types of claims are there?

Depending on the demands made by the claimant, several types of claims are distinguished:

• debt repayment;
• return of overpaid funds or prepayment;
• exchange of defective products;
• compensation for shortage, damage to cargo, nondelivery of goods;
• elimination of defects in completed work;
• compensation for losses;
• penalties for failure to fulfill contractual obligations.

A claim for a refund must contain payment details: bank transfer information or a receipt for cash payment. In the case of imposing a penalty, the method of calculating the fine is indicated: for example, for each day of delay in payment a penalty of 1% of the debt amount.

A claim for defective goods is drawn up when defective goods are delivered. This document should be accompanied by expert conclusions, product quality assessment, and test results. When demanding elimination of defects in work, it is necessary to indicate who and how will accept and verify the quality of services.

How to properly write a claim?

The text of the claim must be prepared in 2 copies: one to be handed to the defendant, and the second to be marked as received with the date and signature of delivery. If the document is addressed to a legal entity, it does not have to be received personally by the head; the claim can be handed to any official.

If the other party refuses to sign for receipt, the claim should be sent by mail with acknowledgment of receipt. A claim is not considered valid without confirmation that it has been delivered.

The result of the consideration of the claim’s demands is provided by the respondent in a separate letter or in the form of a resolution on the received claim.

Claim formatting

A claim can be drawn up in free form, but the text must contain the following mandatory information:

• The addressee to whom the claim is addressed.
• Plaintiff’s details – full name, contact phone number, address.
• Document title – claim.
• The essence of the matter: the date the relationship arose, the fact of the defendant’s breach of contractual obligations. It is advisable to indicate the clauses of the contract that were not complied with, and references to the relevant articles of the laws to substantiate the claim.
• Demands to the defendant – for example, to terminate the contract, return the paid funds, deliver the products, pay a penalty, indicating the deadline for fulfillment of obligations.
• At the end of the claim, indicate further actions in case of refusal to satisfy the claim – going to court, recovering monetary compensation for the damage caused, moral damages.
• Date of the letter, personal signature of the applicant.
• List of attached documents.

The document should adhere to a business correspondence style. It is necessary to state the demands politely and ask to take measures to resolve the issue.

Sample claim

Nakaz company lawyers will advise how to write a claim taking into account the client’s specific circumstances. The claim form and samples of statements of claim are posted on our website.

Sample claim for recovery of finished products

If it was not possible to resolve the issue with a claim, it will be necessary to prepare and file a lawsuit in court.

Sample statement of claim for debt recovery