When drafting and sending a claim letter is not required

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When considering certain categories of cases, it is not mandatory to file a claim:

about facts of legal significance;

on the recovery of compensation for violation of the terms of judicial proceedings or the execution of decisions;

on the protection of the interests of a group ecuador mobile phone numbers database of persons;

on challenging decisions of arbitration courts.

In some cases, the pre-trial procedure is considered to be observed by the following entities:

by the assignee - if the claim procedure was observed by the original creditor before notifying the debtor of the transfer of the right of claim;

by the plaintiff - when replacing the defendant, if the claims have already been presented to the original plaintiff.

Sometimes other conciliation procedures, such as mediation, are conducted between the parties to the contract. This is permissible only if the law allows for changes to the pre-trial settlement procedure and these changes are recorded by the parties in writing. The parties determine the terms and conditions for such a conciliation procedure, after which the relevant documents are submitted to the court: protocols of disagreement, an agreement to terminate mediation without reaching an agreement, etc.


Download a useful document on the topic:

Checklist: How to Achieve Your Goals in Negotiations with Clients
Frequently asked questions about the claim letter
The form of the claim is not defined by the regulatory legal acts of the Russian Federation. But it must be submitted in writing and contain a clear statement of your demands and the deadlines for their fulfillment by the guilty party, as well as an exact indication of the amount to be paid and its calculation. Documents confirming your right must be attached to the claim.

The appeal should be sent by registered mail with a list of attachments or by e-mail. The most reliable method is personal delivery to the addressee with a receipt and incoming number. If all rules are followed, the claim will have legal force and will contribute to the settlement of the dispute peacefully. This allows you to save time and quickly reach a solution to emerging controversial situations in business.

Within what time period must the counterparty respond to a letter of claim?
The period for responding to a claim for failure to comply with the terms of a contract may be established by law or by agreement of the parties in the contract itself. Typically, this period is from 10 to 30 days. For example, if the Arbitration Procedure Code of the Russian Federation establishes a mandatory procedure, and the contract does not specify a period, then the response must be given within 30 calendar days from the date of sending the claim (Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation). In this case, the absence of a response does not affect the compliance of the party that sent the claim with the mandatory procedure.