Sample claim for pre-trial settlement of a dispute regarding collection of supply debt

When to send

The organization draws up an outgoing document containing a request to make payment in the following cases:

• failure to comply with financial agreements;
• lack of payment for work performed or services rendered in whole or in part;
• ignoring calls, refusing to interact;
• neglect of the deadlines established in the contract for making payments.

IMPORTANT!

In accordance with Art. 125 of the Arbitration Procedure Code of the Russian Federation, the claim procedure for resolving disputes is currently mandatory for most claims. That is, the statement of claim is accompanied by confirmation of the execution of this procedure - a copy of the letter containing a request to pay the bills in the near future, otherwise the claim will be left without progress under Art. 128 Arbitration Procedure Code of the Russian Federation.

How to compose

When writing, the general rules of office work are used; the request to pay the debt includes the following blocks:

• sender's name, basic identification details: name, address, TIN. Option: the document is drawn up on official letterhead;
• name of the addressee, address, surname, first name, patronymic of its leader;
• document's name;
• reference to the basis of the relationship - a specific agreement indicating details (date, number, subject);
• the amount of the debt and the name and details of the documents confirming the fulfillment of the obligation and the debt;
• an offer to transfer funds or deposit them at the cash desk indicating the details (account number and other details);
• mention of sanctions (penalty, going to court, increased costs);
• date, signature.

Sample

Legislative acts do not contain a sample request for debt payment; a unified form has not been approved. Each organization has the right to develop its own form.

Sample claim for payment of debt for delivery

Limited Liability Company "Veles"

Taxpayer Identification Number: 5654456456

Address: 410 012, Saratov region,

Saratov city, Kirova street, 23, office. 1256

From the Limited Liability Company "TransGas"

Taxpayer Identification Number: 6677788785

Address: 620 144, Sverdlovsk region, Yekaterinburg city,

Rosa Luxemburg street, 134, of. 678

Attorney-in-fact:

Lezhnev Viktor Nikolaevich

Telephone: +79920113966

e - mail :  [email protected]

Claim

On March 23, 2021, supply agreement No. 19 was concluded between TransGas Limited Liability Company and Veles Limited Liability Company.

In accordance with Specification No. 1 to this Agreement, the subject of delivery is the Solluntet A512/85.0 A rechargeable battery in the amount of 45 pieces for a total amount of 866,250 rubles.

According to clause 1 of the specified Specification, the shipment period to the Buyer is 3 business days after receipt of an advance payment in the amount of 808,000 rubles to the Supplier’s account.

In accordance with clause 2 of Specification No. 1, the delivery method is pickup from the Supplier’s warehouse.

By virtue of clause 3 of the Specification, 808,000 rubles are transferred as an advance; the remaining amount in the amount of 58,250 rubles is transferred to the Supplier within 20 calendar days from the date of shipment of the goods.

In accordance with Specification No. 2, the shipment of the following goods was provided:

- connector A412/A512 – 45 pcs.;

-Adapter for positive A series – 45 pcs.;

-Negative adapter A series – 45 pcs;

-Pole cover (412/512) – 45 pcs.

The total cost of goods provided for in Specification No. 2 was 24,540 rubles.

In accordance with paragraph 1 of Specification No. 2, the shipment period to the Buyer is 3 business days after receipt of the advance payment according to Specification No. 1 to the Supplier’s account.

By virtue of clause 2 of Specification No. 2, the delivery method is pickup from the Supplier’s warehouse.

According to clause 3 of Specification No. 2, the payment period is 100% postpayment within 20 calendar days from the date of shipment.

Based on the results of the conclusion of the Supply Agreement, invoices for payment No. 112 dated March 23, 2021 were issued in the amount of 866,250 rubles, as well as invoice for payment No. 113 dated March 23, 2021 in the amount of 24,540 rubles.

On March 26, 2021, Veles Limited Liability Company made an advance payment in favor of TransGas Limited Liability Company in the amount of 808,000 rubles.

From the Limited Liability Company "Veles" powers of attorney No. 331, No. 333 were drawn up to receive the specified goods to the Closed Joint Stock Company "Varna".

In accordance with invoice No. 4 dated March 30, 2021, the Solluntet A512/85.0 A battery in the amount of 45 pieces for a total amount of 866,250 rubles was received by the representative of the Closed Joint Stock Company “Varna” Semina A.S.

In accordance with invoice No. 5 dated March 30, 2021, connector A412/A512; pole cover (412/512) for a total amount of 6,940 rubles was received by the representative of the Closed Joint Stock Company “Varna” Larina V.N.

Thus, the obligations of TransGas LLC under the Agreement were fulfilled in full and properly.

The term for the remaining payment under the supply agreement is 20 calendar days from the date of shipment (clause 4.5 of the Agreement and clause 3 of Specifications No. 1 and 2).

The remaining portion of the funds provided for in the Agreement and the Specifications thereto has not been paid by Veles LLC to date and amounts to:

58,250 rubles + 24,540 rubles = 82,790 rubles.

In addition, in accordance with clause 5.4. Supply Agreement No. 19 dated March 23, 2021, in case of delay in payment for goods, the Supplier has the right to demand that the Buyer pay a penalty in the amount of 0.1% of the amount owed for each day of delay.

Thus, the Limited Liability Company "Veles" is obliged to pay funds in the amount of 82,790 rubles as the principal debt under supply agreement No. 19 dated March 23, 2021, as well as funds in the amount of 3,311 rubles as a penalty provided for Agreement. The total amount of debt of Veles LLC to TransGas LLC currently amounts to 86,101 rubles.

According to paragraph 1 of Art. 486 of the Civil Code of the Russian Federation, the buyer is obliged to pay for the goods immediately before or after the seller transfers the goods to him, unless otherwise provided by the Civil Code of the Russian Federation or the purchase and sale agreement and does not follow from the essence of the obligation.

In accordance with Art. Art. 307, 309 of the Civil Code of the Russian Federation, by virtue of obligations, one person (debtor) is obliged to perform certain actions in favor of another person (creditor), and the creditor has the right to demand that the debtor fulfill his obligation. Obligations must be fulfilled properly; only proper fulfillment terminates the obligation (Article 408 of the Civil Code of the Russian Federation). Unilateral refusal to fulfill an obligation is not allowed (Article 310 of the Civil Code of the Russian Federation).

According to paragraph 1 of Article 330 of the Civil Code of the Russian Federation, a penalty (fine, penalty) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of an obligation, in particular in the case of delay in fulfillment. Upon a claim for payment of a penalty, the creditor is not required to prove that he suffered losses.

Based on the foregoing,

ASK:

1. Repay the resulting debt in the amount of 82,790 rubles voluntarily within 10 working days from the date of receipt of this claim. 2. Pay off the penalty in the amount of the principal debt in the amount of 3,311 rubles. Please transfer funds to pay the principal debt and penalties using the following details:

Limited Liability Company "TransGas"

Address: 620 144, Sverdlovsk region, Yekaterinburg, Rosa Luxemburg street, 134, office. 678

OGRN: 5756756887089

INN: 6677788785 / checkpoint 663534554

Current account 3453533453456568978987089

Bank PJSC SBERBANK EKATERINBURG

BIC 0566567844

Cor. account 5675345345345345345657

In case of failure to fulfill obligations within the period specified in this claim, TransGas LLC will be forced to go to court to collect the amount of debt and penalties forcibly.

Representative by proxy Lezhnev V.N.

"___"_________________ 2021

Response time

The document requests that the debt be repaid as soon as possible, but the counterparty has time to respond. In accordance with Art. 452 of the Civil Code of the Russian Federation, business customs, judicial practice, the response is given for less than a month, unless a different period is established in the claim or agreement. Paying the debt is one of the answer options; more often the addressee receives a letter of guarantee or an appeal with a proposal to postpone the deadline for fulfilling material obligations, which are considered on an individual basis.

NTVP "Kedr - Consultant"

LLC "NTVP "Kedr - Consultant" » Services » Legal consultations » Protection of consumer rights » Is it possible to make a claim for a purchased product if there is no sales contract?

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Citizen S-nov bought goods without concluding a sales contract or a contract for the supply of goods, and has only a copy of the invoice and delivery note for the goods received.

Question: Will the invoice with the signature and seal of the recipient of the goods - the buyer - be proof of the transfer of the goods? Is it possible to write a claim to the recipient of the goods?

Lawyer's answer.

According to paragraph 1 of Article 8 of the Civil Code of the Russian Federation, civil rights and obligations arise from contracts and other transactions provided for by law, as well as from contracts and other transactions, although not provided for by law, but not contrary to it. According to Art. 161 of the Civil Code of the Russian Federation, transactions of legal entities between themselves and with citizens must be made in writing. However, failure to comply with a simple written form entails the invalidity of the transaction only in cases expressly provided for by law or in the agreement of the parties (Article 162 of the Civil Code of the Russian Federation).

Failure to comply with the simple written form of the contract in this case does not affect the validity of the transaction. The parties actually entered into a transaction for the purchase and sale of goods. According to Article 454 of the Civil Code of the Russian Federation, under a purchase and sale agreement, the seller is obliged to transfer ownership of the goods to the buyer, and the buyer is obliged to accept the goods and pay the price for them.

The fact that there is a contractual relationship between the parties for the purchase and sale of goods is confirmed by the fact that the seller transferred the goods to the buyer on the basis of an invoice, and the buyer accepted the goods on the basis of this invoice. There are invoices signed by the parties.

Thus, the seller fulfilled his obligations to transfer the goods to the buyer properly.

Taking into account the above, the seller has the right to make a claim against the buyer.

In order to confirm the transfer of goods, you can provide invoices containing the signatures of the defendant’s employees and a stamp, as well as the necessary information about the TIN, OGRN and his registration as an entrepreneur.

The above procedure does not contradict the rules of paragraph 1 of Article 182 of the Civil Code of the Russian Federation, which provide that the authority may be evident from the situation in which the representative operates (retail salesperson, cashier, etc.). This, in particular, is stated in the Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated October 20, 2009 in case No. A79-8719/2008.

Based on invoices, claims can be made against the supplier or buyer, for example, if the latter does not pay for the goods. In fact, we can conclude that it is a one-time agreement, which is confirmed by judicial practice.

The Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated October 16, 2009 in case No. A43-4178/2009 states the following. These invoices contain information about the name, quantity and price of the goods, which are essential terms of the purchase and sale agreement. Consequently, the courts of two instances rightfully qualified the transfers of goods as one-time purchase and sale transactions.

LLC “Khlebnaya did not provide evidence of payment for the received inventory items, therefore the court rightfully satisfied the claims...”

In general, the transfer of goods under an invoice, which does not contain a reference to the supply agreement, indicates a one-time purchase and sale transaction.

Based on the above, it is recommended to file a claim. The text of the complaint was drawn up by a lawyer.

Lawyer Maria Mikhailovna Yakovleva, [email protected]

Answer given in 2011