Claim under a service agreement. 2021 sample

What is the document for?

By law, a contract for the provision of services implies the fulfillment by one of the parties of their obligations to provide any services, and the second - payment for them in a pre-agreed amount and manner.

If any of the parties violates at least one clause of this agreement, its counterparty can file a claim.

Drawing up a document is the first step towards resolving any disagreements that have arisen.

Based on this, we can say that the role of the claim is quite serious. It allows not only to identify the problems that arose during the execution of the contract, but also to promptly prevent the situation from developing to court.

What should I do if there is no response after submitting the document?

In life, consumers quite often become victims of unscrupulous performers. Moreover, there are often cases when a pre-trial claim remains ignored. Some customers resign themselves to this situation, but others go all the way.

There are quite a few ways to influence a violator of the provisions of the Federal Law of the Russian Federation “On ZPP”. The main ones include:

Writing a complaint to supervisory authorities - the main one is Rospotrebnadzor. The main function of this government agency is to protect the legal rights and interests of citizens deceived by unscrupulous sellers and providers of services (works).
Initiating legal proceedings - you should be prepared for the fact that this is a rather lengthy and not the most pleasant process. However, if it's worth it, the matter still needs to be completed.

In accordance with paragraph 3 of Art. 17 Federal Law of the Russian Federation “On ZPP”, judicial protection of consumer rights is provided free of charge. This means that the plaintiff will not have to pay a state fee when filing an application with the court.

Thus, when faced with the problem of poor performance of obligations under a contract for the provision of paid services, the customer first of all needs to prepare and send a pre-trial claim to the violator. Further steps will depend on the reaction of the customer who is performing his work in bad faith.

Unfortunately, poor-quality provision of services under a contract or their non-fulfillment is a common occurrence today. And filing a pre-trial claim in writing will be one of the ways to protect your rights and interests as a consumer. We will tell you how to correctly file a claim under a service agreement in our article.

A pre-trial claim under a service agreement is the first and main step towards restoring one’s rights and interests in the event of a violation of contractual obligations by the second party to the agreement. Resolution of disputes under this agreement will be possible in the future only if there is complaint correspondence with the counterparty.

What can you ask for in a claim?

The requirements in the claim depend on which clauses of the contract are violated. The main thing is that they correspond to the main purpose of creating this kind of documents: to force the other party to fulfill its obligations.

At the same time, if the essence of the claims from the contractor is almost always obvious and unambiguous: a demand for payment for their services, then for the customer this list can be much wider. In particular, he may demand a reduction in the cost of services (provided that he was not satisfied with their quality or quantity), free elimination of the negative consequences of the service provided, termination of the contract and reimbursement of expenses incurred, etc.

Also, if the terms of the contract are violated, both parties may insist on payment of a penalty, even in cases where this rule is not stated in the main document (here Article 332 of the Civil Code of the Russian Federation comes into force).

What legal norms should you refer to when writing?

Particular attention should be paid to references to legislative norms. It is very important to include them in the text of your pre-trial claim, since its persuasiveness depends on this.

Thus, in the substantive part of the claim one can refer to the following norms of law:

Clause 1 art. 779 of the Civil Code of the Russian Federation – disclosure of the concept of concluding an agreement for the provision of paid services.
Article 309 of the Civil Code of the Russian Federation - it states that the parties to the transaction must properly fulfill their obligations.
Clause 1, Article 27 of the Federal Law of the Russian Federation “On ZPP” - it states that the contractor is obliged to perform the service exactly on time specified in the contract.
Clause 1 of Article 781 of the Civil Code of the Russian Federation and Part 1 of Article 37 of the Federal Law of the Russian Federation “On ZPP” - according to this norm, the customer must pay for services on time in accordance with the period specified in the contract. Here it can be noted that the consumer, for his part, fully complied with this requirement of the law.
Clause 1 of Article 307 of the Civil Code of the Russian Federation - this norm states that the creditor (customer of the service) has the right to demand from the debtor (performer) the fulfillment of his obligations.

Thus, the inclusion of references to legislative norms in the text of the pre-trial claim will make it clear to the addressee that the applicant is sufficiently savvy in legal matters and will not allow his rights to be violated.

Key nuances when filing a claim

The claim, like the contract itself, can be drawn up in any form, but it is important that in its structure and form it complies with the standards of office work, and in its content and text - with the rules of the Russian language.

The claim should always indicate in order:

the name of the company on behalf of which it is written;
the name of the organization to which it is sent;
addresses of both parties.

The document must contain a title, and it is also necessary to make a reference to the main agreement (entering the number and date of its preparation in the form).

The main part should describe in detail the essence of the claim, including indicating the clauses of the contract that were violated. If the claim is accompanied by any additional papers, photo and video evidence of violations, they must also be mentioned in the document as a separate paragraph.

Next, you need to provide a summary that summarizes all of the above. It should indicate your requirements and the deadline for their fulfillment. Also, do not neglect the warning that in case of refusal to fulfill the claim, the interested party reserves the right to appeal to the court.

Rules for signing and submitting a claim for poor quality service

The form of the claim is not established by law, and therefore it is recommended to include in the contract conditions on the procedure for resolving disputes out of court, including rules for the exchange of correspondence, deadlines for considering letters, and the method of sending them. If there is no such section in the contract, it is necessary to be guided by the practice of civil law relations, which has developed certain rules for the preparation and procedure for filing claims.

A claim for poor quality service must not only be drawn up in the proper form, but also sent in a manner determined by the parties. As a general rule, a claim is a written document signed by an authorized representative of the organization and affixed with a seal, if available. If the method of sending the claim is not determined by the parties, it is advisable to send it by registered mail with notification and a description of the attachment.

The terms of the contract may determine another method of sending, for example, fax, telegram, e-mail. In addition, to speed up the consideration of the claim, the party may, in parallel with the postal item, send a claim using one of the specified methods.

How to file a claim

There are no special requirements for the execution of the document, as well as for its preparation. This means that the claim can be written on a simple blank sheet of any convenient format, or on the company’s letterhead, by hand or in printed form (the latter option is convenient because you do not need to enter the sender’s details and it is easy to make copies). But if the terms of the contract stipulate a specific format for writing and filing a claim, then, of course, you need to follow it.

The claim must be signed by the head of the company or an employee who is responsible for resolving specific issues identified in the document (the signature must only be “live”, the use of facsimile autographs is excluded).

It is not necessary to certify a claim using various types of clichés, since since 2021, companies have the right to endorse their documentation with seals and stamps only if this norm is specified in their local regulations.

The claim is drawn up in two copies , which are identical in content and equivalent in law.

After drawing up the claim, it should be registered in the document log, and the sent option should be noted in the outgoing correspondence log.

The claim can be sent by registered mail with acknowledgment of receipt, or submitted by courier or company representative (in this case, you must obtain the signature of the counterparty’s representative confirming receipt of the document).

What are the deadlines for filing a claim?

The period for filing a claim under a service agreement is determined by the concluded agreement.

If the preschool educational institution sets a deadline for filing a claim, and you violated it, this is a reason for refusing not only to satisfy the requirements, but also to refuse a claim based on this claim.

It is in your interests to file a claim as soon as possible - the more time passes, the more difficult it is to prove the guilt of the counterparty.

If the customer is a citizen who orders services from a contractor-entrepreneur for his personal (household) needs, when determining the deadline for filing a claim, the rules of the Law on the Protection of Consumer Rights - Ch. III Federal Law No. 2300-1.

Important! The time it takes to detect deficiencies depends on their severity. If the shortcomings are obvious, then they need to be identified when the customer receives the services or their result from the contractor. Moreover, inadequate quality must be reported to the contractor immediately.

The general provisions on contracting and household contracting also apply to a contract for the provision of services for a fee:

Claims related to defects in the work result can be submitted during the warranty period, and if the warranty period is less than 2 years and the defects in the work result are discovered by the customer after its expiration, but within two years - Art. 724 Civil Code of the Russian Federation.
If defects in the work result are discovered from the moment of acceptance or during the warranty period or a reasonable period, but no later than 2 years (for real estate no later than 5 years) - Art. 737 Civil Code of the Russian Federation.

If the deadline for filing a claim with the DOU is not specified, then the document should be sent to the counterparty within a reasonable time, which should include time to assess the current situation, to make decisions and time to draw up the document.

The statute of limitations should not be ignored either - the general period for applying to court for protection is 3 years from the day the plaintiff learned that his rights were violated. It is used in most cases. Exceptions are cases provided for by law:

For the transportation of cargo, the period is 1 year from the moment determined in accordance with transport charters and codes - Art. 797 Civil Code of the Russian Federation.
In terms of quality within a reasonable time, but no later than 2 years - Art. 737 Civil Code of the Russian Federation.

After writing a complaint

A submitted complaint can have different consequences:

The first and most convenient for everyone is the elimination of shortcomings and further cooperation.
The second is ignoring requirements. In this case, the law allows for the possibility of unilateral termination of the contract, even if such a clause is not in the document itself.

Also, a party that has suffered losses due to failure to comply with the terms of the service agreement has the right to go to court.

The claim in this case will serve as further evidence of a violation of obligations by the second party.

Response time

The Federal Law of the Russian Federation “On PPP” does not say within what time frame a violator of the provisions of an agreement on the provision of paid services must respond to a received pre-trial claim. However, this legislation reflects specific time periods during which individual consumer requirements must be satisfied. The following options are possible:

Elimination of detected deficiencies in the service provided - the applicant sets a specific period at his own discretion. This information must be indicated in the claim.
Reduction of the contract price, reimbursement of expenses for independent elimination of the consequences of poor work, return of the full cost of services provided - for such requirements a period of 10 days is provided (Clause 1, Article 31 of the Federal Law of the Russian Federation “On ZPP”).
Free execution of the ordered service for the second time - the period for satisfying such a request corresponds to the period allotted for an urgent order. If a specific time interval is not established, then the number of days allocated for the provision of the relevant service under the initial contract is taken as a basis.

If the executor does not agree with the requirements put forward in the pre-trial appeal, then he has the right to send the applicant a reasoned refusal to satisfy specific requests.

A contractor who receives a complaint regarding the poor quality of the service provided should promptly respond to it. Otherwise, he will face a fine of 3% of the price of the service. Moreover, this penalty will have to be paid daily (Clause 5, Article 28 of the Federal Law of the Russian Federation “On ZPP”).

Additionally, it is worth noting that if the customer refuses to accept a service that was performed with violations, then the contractor will not be compensated for the expenses that he incurred during its provision (Clause 4, Article 28 of the Federal Law of the Russian Federation “On ZPP”).

What is an agency agreement? What is the procedure for concluding an outsourcing agreement, public offer or additional agreement? Why do we need an acceptance certificate for services rendered? All answers to your questions can be found in separate materials on our portal. Experts will also tell you how to terminate a contract, including unilaterally, send a letter of termination to the addressee and sign a contractual document between legal entities.

When is a debt collection claim necessary?

Perhaps the most common type of commercial agreement between organizations is considered to be an agreement for the supply of goods (by the way, in our organization the cost of drawing up an agreement is now favorable).

Unfortunately, there are situations when the company does not fulfill all the conditions specified in the contract, for example, the terms for delivery of goods from the supplier, or, conversely, the buyer refuses his direct responsibilities to pay for the goods.

In such circumstances, pre-trial proceedings are important, in which the counterparty who violated the terms of the contract must receive from the injured party certain demands, formalized in the form of a claim for debt collection.

These relationships are called the claim procedure; in order to comply with it, the party whose rights have been violated must draw up a certain procedural document with all the calculations and documents on which the arguments of the claim are based.

Why else is a mandatory claim procedure needed?

In addition to cases of recovery by court order, the claim procedure allows you to maintain good relations with the counterparty, as well as save on paying for the services of a representative in court.

In addition, a 30-day (or longer) period for complying with the claim procedure allows you to gain some time and solve the problem with the debt before the case goes to court.

SberResolutions specialists will conduct a legal analysis of the transaction documents and offer recommendations for amending the agreement and other documents. If you need the services of a lawyer to correct errors found, our company can provide both one-time services and support your business on an ongoing basis.

Author: Alena Kozlova, leading lawyer at SberResolutions.