If the agreement contains a clause on the settlement of claims with a counterparty, the claim procedure is mandatory. Only then can the injured party go to court. If this rule is not observed, the arbitral tribunal may refuse to consider the claim.
Necessary
- - claim letter;
- - bilateral act on debt repayment.
Instructions
Step 1
Many companies prefer to settle disputes amicably and pay the claim before a court ruling. Forfeit claims are considered to be the leaders among the claims. A penalty claim is made if the supplier has delivered a defective product to you or has delayed its delivery. It is more convenient to pay a claim at the initial stage, since you do not have to compensate for legal costs, expert examinations in the case, etc.
Step 2
To pay for the claim, the other party sends you a free-form claim letter, since there is no special form for drawing up such documents. Usually, a claim is asked to pay money under a certain agreement and indicate the amount of the principal debt, forfeit, stipulate the date of payment of the debt, etc. You pay the claim within 7 days, counting from the date of receipt of the claim letter or within the period specified in the claim.
Step 3
If the debt is not repaid, your counterparty has the right to apply to the arbitration court. The proof in this case is a copy of the claim and a document that confirms that the claim was sent to the defendant (a receipt for sending a certified letter, a second copy of the claim with an incoming number), as well as a cooperation agreement. These documents are attached to the statement of claim and submitted to the court.
Step 4
For debt recognition in accordance with Art. 203 of the Civil Code of the Russian Federation, you (the debtor) write a letter to the counterparty confirming your agreement to pay the sanctions, or sign a bilateral deed of debt repayment, write out a payment order to repay the debt and save the check or receipt to confirm your settlement with the other party.
Step 5
Please note that penalties, fines and penalties for violation of the terms of contracts in accounting should be reflected in other income or expenses and attributed to the debit of account 91 "Other income and expenses", subaccount 2 "Other expenses". Until the debt is recognized or there is no court decision on its payment, the organization does not reflect income or expenses on claims in the accounting.
