Instructions: draw up a receipt for no claims

The termination of any obligation must be confirmed by certain documents. One of them is a no-claims receipt.

A correctly drawn up and signed receipt can significantly reduce the possibility of going to court, since it will provide irrefutable evidence that the parties at the time of signing it reached an agreement and had no claims against each other.

The most relevant situation for using a no-claims receipt is the return of a loan or property.

It is imperative to draw up such a receipt if the agreement is concluded orally.

The receipt can act as confirmation of the fact of proper behavior of the parties in the event of termination of the agreement, amendment of the contract, as well as the fulfillment of obligations enshrined in the agreement of sale and purchase, contract, lease of property, etc. The receipt can also be drawn up after consideration of the pre-trial claim.

In order for a receipt to be recognized as legitimate and have legal force, it must contain the following information:

• information about the recipient of the receipt;
• information about the author of the receipt;
• information about the concluded agreement, information (including the grounds) about changing the terms of the agreement or its termination;
• confirmation of the fact of fulfillment of obligations;
• application/non-application of fines.

When signing a receipt, you need to understand one important aspect. When waiving the right to receive penalties and other types of fines, it is important to remember that such sanctions are of a contractual nature, and therefore such a refusal, first of all, will be taken into account by the court during the consideration of the claim for the collection of penalties, if one is filed.

If the plaintiff has claims only regarding quality, timing, etc., this must be indicated in the document.

The best form of document is written. This is due to the fact that in some situations a handwriting examination may be necessary, and a printed document signed by the parties will not be able to give a 100% result.

The no-claims receipt is a one-sided document and is drawn up exclusively in one copy and is kept by the recipient.

It is important to note that even if there is no contract in writing, a no-claims receipt will confirm not only the fact that the transaction was completed, but also the fact that all its conditions have been met. For this reason, a no-claims receipt can serve as evidence in a civil case.

If a receipt is written by a legal entity, you need to check the authority of its author (which can only be a legal entity endowed with the necessary powers and a power of attorney). By the way, in this case, typewritten text is also allowed.

The affixing of the organization's seal is also important. Without a power of attorney, only the director of the organization can act on behalf of a legal entity. A receipt signed by an unauthorized person will not be considered legal.

Why do they write?

A written confirmation of no claims is a document that guarantees one party to the relationship that the other party will not make any claims in civil legal relations. A receipt for no claims is required in a variety of life situations:

• after the execution of a contract, especially an oral one. In this case, one party gives written assurance that the other party has fulfilled all their agreements and done it efficiently. The other party gives written assurance that they have received money for work and services;
• after repaying the debt, the borrower gives the debtor assurance that the borrowed funds have been returned to him in full;
• after the dismissal of an employee: the citizen confirms that he has received payment in full from the employer;
• The head of the organization has the right to issue the paper to the dismissed employee, stating that he has no material questions for him. This is especially important if a financially responsible employee leaves.

Receipt upon dismissal stating that there are no claims against the employee

The list of such grounds is strictly defined by law and is not subject to broad interpretation.
It should be noted right away that it is very difficult to dismiss an employee “competently” under the current law. Sometimes you can only sympathize with an employer who wants to get rid of an incompetent employee. If, during dismissal, the requirements of the Labor Code are violated, even unintentionally, the employee who applied to the court is subject to immediate reinstatement. Form T-8 and Form T-8a are used to formalize and record the dismissal of an employee(s).

Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004.

• the text of the receipt is written in any form.
  I, Suprunov Sergey Andreevich, passport series 4612 No. 854237, issued by the Kuzminki Department of Internal Affairs of Moscow on April 25, 1999, living at the address: Moscow, Volzhsky Boulevard, 45, apt. 12 received from Davydov Igor Alekseevich, passport series 4685 No. 547218, issued by the Lyublino Department of Internal Affairs of Moscow on June 16, 2001, living at the address: Moscow, st. Krasnodonskaya, 24, apt. 14 money in the amount of 20,000 (twenty thousand) Russian rubles as compensation for material damage and moral harm caused to me personally and to my car as a result of an accident that occurred on October 11, 2013 in the city.

Is notarization required?

Certification of the fact that there are no questions to the contractor is drawn up in simple written form; a receipt confirming the absence of claims during the performance of work or upon termination of an employment contract does not require the involvement of a notary; the parties certify the fact with their signatures. At the same time, a notary is an official person, whose certification increases the status of the document, and in the event of a possible dispute, it has greater legal weight. But notarization will require additional expenses from the parties. The parties have the opportunity to increase the legal weight of an official paper for free, without involving a notary in the case, by inviting witnesses who sign autographs on it. The law does not prohibit this.

Documents upon dismissal of an employee

After completing this document once, which is issued by the pension fund to each insured person, the employee receives the pension certificate.
The document on compulsory pension insurance contains information about the individual insurance number of the personal account, the employee’s personal data and the date of his registration. When issuing an insurance certificate for a newly hired employee, the HR department specialist is obliged, no later than two weeks from the date of signing the employment contract, to provide the pension fund department with a questionnaire filled out by the new employee. These are pests in which a business rots from the inside. shows low results; sets a bad example for other employees; brings most of his problems, so to speak, “to the manager’s desk”; does not offer solutions; lowers the morale of others by being overly critical (that is, criticizing other employees more than necessary); not actually a member of the team; argues a lot with you as a leader, belittling your authority; does not study and does not work in any way to improve his results. These simple criteria will help you evaluate your employees in order to better understand which of them is time to fire. You can make a list of employees either yourself, if the company has less than 50 employees, or with the help of deputies (it is not a fact that some of them themselves should not be fired) see how the 8 points described above are combined with the actions of each of your employees. Lately, in every consulting project of our company, I have seen a picture where the founder clings to those employees.

How to legally fire an employee? How to avoid mistakes when dismissing: a reminder to the employer

In this case, the decision on termination is made in the presence of a document issued by the competent authorities: a summons from the military registration and enlistment office, a court decision on finding guilty, a decree on reinstatement, a certificate or death certificate.
We will tell you a little more about some cases below. Deceased employee. the basis for termination of Part 1, Clause 6, Article 83 of the Labor Law and the employee’s death certificate issued by the Civil Registry Office.

What to include in the text

There are no strict legal requirements for the text of the assurance. It is presented in free form. But in order for the document to have legal significance and reflect the essence of the relationship between the parties, the following should be indicated in it:

• details of the person who writes the document: full name, passport details;
• FULL NAME. and passport details of the person to whom the certification is provided;
• grounds for the relationship: an employment contract or a civil process agreement. This circumstance should be specified as much as possible: its details and subject should be indicated;
• fact of fulfillment of obligations by the recipient: it is necessary to clearly and specifically indicate that the recipient has fulfilled all the conditions, for example: provided services, completed work, returned the money, paid the settlement. If the paper is drawn up by an employee, it should be indicated that there are no material claims or claims for compensation for moral damage;
• the compiler clearly postulates a waiver of subsequent demands, writing, for example: “Obligations to me have been fulfilled in full, I have no complaints”;
• date of compilation and signature of the originator.

Some practical notes

When drawing up a document containing a receipt “I have no claims,” you must be extremely careful about whether such wording corresponds to the scope of the obligation, the fulfillment of which is confirmed by the document. For example, at the initiative of the lessor, the parties agreed to terminate the lease of the premises early.

At the same time, the landlord obliged to pay the tenant compensation in the agreed amount, but at the time of returning the premises from the lease he had not yet paid.

A serious legal flaw would be when drawing up an act (acceptance and transfer) of returning the premises from rental use to include in it the phrase “the parties have no claims against each other”, since on the part of the tenant the opposite is appropriate - after all, the landlord has not yet paid the due compensation. Therefore, the provision must be rephrased in accordance with the scope of execution, which is directly confirmed by the document.

For example: “The Lessor has no claims against the Tenant.” Or, taking the side of the landlord, if the tenant, in turn, has another obligation to him (besides the return of the premises), it is advisable to further “narrow” the scope of performance. Then the expression may take, in particular, the following form: “The Landlord has no claims against the Tenant in connection with the condition of the returned premises.”

Compilation rules

The legislation does not establish clear rules on how to write a no-claims receipt, but when drawing it up you should be guided by the following recommendations:

• It should be written by hand, so in case of a dispute, it is permissible to conduct a handwriting examination and establish the authenticity of the document. If you execute it in printed form, it is easier to challenge the authenticity;
• indicating who is issuing the certification and to whom, write down the maximum of available information so that there is no doubt when identifying the parties: full name, name, if the party is a legal entity, passport details, INN, OGRN, registration or location address;
• title the document;
• The clarity and specificity of the presentation is very important: the text clearly shows what relationships and obligations bind the parties, the recipient of the document has fulfilled the obligations in full, the drafter does not have any questions and accepts the fulfillment. Vague wording that has double meaning should be avoided;
• the document is drawn up in one copy, transferred to the recipient and stored with him.

receipts stating that there are no complaints

What information should the receipt contain?

The document is usually drawn up by hand.

Rules for document execution:

1. Waiver of claims is formed on an A4 sheet.
2. We write the name of the document. This is done in the middle. There should be no punctuation marks around the word “receipt”.
3. Indication of the addressee: passport details, residential address.
4. Information about the note writer. His passport details and contacts are also written down.
5. If the receipt is drawn up in the presence of witnesses, their passport details are entered into the document, indicating existing contacts.
6. If a receipt, for example, is drawn up for a loan agreement, then it must indicate information about the agreement under which the claims have been repaid. The following data can serve as information about the loan agreement:

• contract number;
• his name;
• date of conclusion;
• the day of termination of legal relations between the parties, etc.

When returning money, the receipt must indicate the amount that was transferred to the lender.

1. If an organization or company appears on the receipt, then the legal entity’s seal must be affixed to the document.
2. An indication of the circumstances in which a document may be contested. For example, this is information about whether this document can be challenged in court proceedings.
3. Date of preparation.

What is invalidated

Due to its legal nullity, a written assurance that:

• drawn up and signed by an incapacitated person: a minor citizen or a citizen who has been deprived of legal capacity by a court order;
• not signed or it is proven that the signature in the document is not the autograph of the originator - only the originator has the right to sign the certification;
• violates the law: the parties have greater scope for agreement, but not all issues are settled by agreement;
• challenged in court on other grounds.

A receipt for receipt of a claim should be distinguished from a receipt for no claims - this is a document with which the addressee of a written demand confirms that he received it in hand. This form of document can be adequate evidence of compliance with the pre-trial procedure for resolving the dispute if the claimant later decides to file for judicial recovery.

Waiver of claim sample form

Consumer (full name)

Appendix in copies: _________________________________________________.

Other ways to submit an appeal

If it is impossible to personally deliver a written appeal, it can be sent by post. The letter should be issued by registered mail with notification of delivery to the addressee, as well as with a list of the attachments.

Expert opinion

Mikhailov Konstantin Kirillovich

Lawyer with 7 years of experience. Specializes in the field of civil law. Legal expert.

The inventory is compiled in two copies . One is sent along with the letter to the addressee, and the other with a post office mark remains with the sender. The inventory must indicate that a claim is being sent with a specific requirement.

The applicant can use the services of a courier service. This method of filing a claim will be the most expensive. To send a document by courier, you will need to know the name and position of the specific person to whom the sender wishes to serve the claim.

If the seller does not want to fulfill the obligations established by law and refuses to accept a written request, then the buyer should proceed to the next stage of dispute resolution. To protect their rights, the consumer has the right to appeal to Rospotrebnadzor or a judicial authority.

How to write a complaint to an employer

Wages and non-payment of other payments (for example, compensation for unused vacation) for more than 2 months allow the employee to initiate pre-trial settlement. There are also more serious violations of employee rights when the procedure for dismissing an employee due to staff reduction or other requirements of labor legislation is not observed.

To do this, you will need to file a claim with your employer.

The claim must contain:

1. reasons for filing and a list of legislative norms (Criminal Code of the Russian Federation, Labor Code of the Russian Federation, Constitution) that are violated due to non-payment of funds;
2. It is important to attach documents confirming your right to receive payments. Therefore, official employment allows you to achieve a positive reaction;
3. The level of impact on the defaulter depends on how appropriate and correct the sample claim to the employer is chosen. The more reasoned the employee’s position, the higher the likelihood of a pre-trial settlement;
4. An effective lever of influence will be a claim to the employer for non-payment, supplemented by copies of the appeal to the prosecutor's office and the judicial authorities (more details on the issue of protecting the labor rights of employees in court at the link). If there is no proper response on his part, their originals will be handed over to their destination.

As you can see, writing a claim is a troublesome matter; you need to take into account many nuances, so it is advisable to seek help from a professional who will advise in what cases, in accordance with the law and the contract, it is necessary to comply with the claim procedure for resolving disagreements.

The nuances of writing a paper about the absence of claims in rental relations

In this relationship, at the request of the landlord, the parties agreed to end the lease amicably, but early. This allows them to do this under the Civil Code of the Russian Federation.

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The landlord is obliged to pay the tenant compensation in monetary terms, but at the time of returning the premises he has not yet done so. In this situation, drawing up a receipt is inappropriate, since one of the parties has not yet fulfilled the obligation under the agreement.

When handing over the act (on acceptance of the premises), it is necessary to indicate the scope of what has been performed under the agreement and state that the absence of claims on the part of the tenant is relevant only in relation to what has been done to date. For example, you can add a phrase that the lessor has no claims against the other party in connection with the condition of the premises given back, which was previously the subject of the lease agreement.

There is a list of nuances that are associated with the return of funds through an insurance company in case of an accident. To complete the presented action, it is important to provide the following documents.

Receipt of no claims: sample download

You can prepare several “template” phrases. For example: Unfortunately, we are forced to refuse your offer due to... If there were any documents attached to the request, it is worth showing in the letter that you have read them.

This will show that you did not dismiss the offer, but carefully considered it. In this case, the letter includes the following phrases: We have carefully read your proposal... We have studied in detail the documents you submitted... If you write a refusal of a commercial proposal, you should definitely thank for the proposal sent and for the fact that your company was considered as a possible partner.

This applies to everyone. Even if you have a large corporation with many branches throughout the Russian Federation and the CIS, and the offer came from a start-up LLC, you should not forget about business etiquette.

How to correctly write a refusal letter of claim? The current legislation does not provide for the rules for drawing up a waiver of a claim. Therefore, the seller should be guided by generally accepted rules.

refusal of a claim The document should be drawn up based on the following plan:

Results

A receipt is a convenient “tool” that allows you to solve many problems between an employer and an employee, between participants in an accident, as well as between persons in other civil relationships. It does not take much time to write a document, so most problematic issues are resolved quickly and without unnecessary legal costs. For a correct and appropriate effect, you must follow a number of rules that were mentioned earlier. Otherwise, the document is automatically recognized as void.