Pre-trial claim for payment: term, procedure and what to write in it
Without a claim, the arbitral tribunal will not accept a claim for collection of debt under the contract. We understand what should be in it, how to send and how much to wait for a response.
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A claim is a letter to the debtor demanding payment. In disputes between companies and entrepreneurs about the recovery of money under the contract, it is mandatory: without proof of its sending, the arbitration court will return the claim.
How much to wait after sending
An action may be filed after 30 calendar days from the date of the submission of the claim, unless another period is established by law or contract (Article 4 § 5 of the Arbitration Procedure Code). The term is calculated from the date of sending, not receiving.
Check the contract: it may have its own response time – 10, 15 or 45 days – and its own method of sending. The court will look at the terms of the contract.
What to Write in a Claim
- To whom and from whom: Names, TIN, addresses from the register.
- Reason: contract, its number and date, invoice, invoices or acts.
- What's done: what goods are delivered or what services are provided, when and for what amount.
- What's broken: The date of payment and the date when it expired.
- Requirement: the amount of debt in numbers, separately - penalty or interest calculated.
- Deadline for payment and props.
- Warning: If you do not pay, you will go to court and collect court costs.
- Annexes: copies of documents that the debtor may not have, the act of reconciliation, calculation.
Tell me the amount of debt exactly. Penalty or interest is better to declare immediately, with the calculation: the debtor sees the full amount, and in court there will be no dispute about whether the pre-trial order on this claim is observed. What to choose - penalty or interest - is discussed in the article Penalty or interest under article 395: what to claim from the debtor.
Typical text with props will collect the form Payment claim, and the calculation by periods for the application is Penalty and interest calculator.
How to send
The way the contract says. If the contract is silent - a valuable letter with an inventory of the attachment and a notice of delivery to the address of the debtor from the register of legal entities. Keep the receipt and inventory: this is evidence for the court.
A letter is considered delivered even if the addressee did not pick it up at the post office through his own fault (Article 165.1 of the Civil Code). Sending a claim by e-mail or messenger is only additional – if the contract does not explicitly recognize such correspondence.
What to do with the answer
- The debtor paid - the issue is closed; penalty for the period of delay can still be demanded.
- I asked for an installment. Make it in writing: [tool:guarantee-letter| letter of guarantee] or schedule agreement.
- Refused or silent At the end of the term, file a lawsuit. The lack of a response to the appeal to the court does not interfere.
Frequent questions
Do I need a claim if the debt is confirmed by an act of reconciliation?
Yeah. The reconciliation act confirms the amount, but the pre-trial procedure does not replace it.
Is it possible to file a lawsuit before 30 days if the debtor refused?
Yeah. Having received a refusal, it is not necessary to wait for the end of the term: the order is considered to be observed.
Who's signing the claim?
Head or representative by proxy. To the claim from the representative, attach a copy of the power of attorney.
Does the claim terminate the limitation period?
Does not interrupt, but suspends it for the duration of the pre-trial procedure - for 30 days or for a period of contract.
