Why write a claim letter

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Mimaktsa10
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Joined: Tue Dec 24, 2024 3:00 am

Why write a claim letter

Post by Mimaktsa10 »

Although pre-trial settlement is not mandatory, sending a written claim is highly recommended and sometimes even necessary. This is important because you may have to go to court in the future. People are often confident that this will not affect them. However, do not neglect different scenarios and it is better to prepare claims in advance.

Collection of a fine
An important advantage that consumers have when filing lawsuits to protect their rights is the ability to recover a fine from the defendant. This can often be significant, as it amounts to 50% of the amount awarded by the court to the plaintiff.

But if the court finds out that the consumer did not provide the other party with the opportunity to satisfy his demands voluntarily (this can only be proven with a claim and a receipt confirming that it was sent to the defendant), the court will refuse to collect the fine.

Why write a claim letter

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Collection of penalties
And another material bonus for the consumer is a algeria email list 1.76 million contact leads penalty that is collected for violating the terms of satisfaction of his demands. For example, the stipulated term for the return of money is 10 days. If the money is not returned within 10 days, then the penalty is charged from the 11th day. But in order to collect it, it is necessary to justify that the demand was stated in the claim letter, and proof of sending the letter.

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Structure of a claim letter
Let's look at the sections that should be included in a claim letter.

Letter Header
In the upper right corner, the details of the sender and recipient of the claim are indicated: the full name and address of the recipient and the contact information of the sender. If the claim letter is addressed to an organization, it is necessary to indicate the full name of the organization and address, as well as the full name and position of the responsible person. If the sender is a legal entity, the outgoing document number should be indicated in the header of the claim.

Example

Out. No. 132
To the General Director of Sputnik LLC
630046, Novosibirsk, Babushkina St., 41
From Raketa LLC
630087, Novosibirsk, Lugovaya St., 13
Tel. 8 (383) 426-13-45

Main text of the letter
After the heading of the letter: “Claim for violation of payment terms under supply agreement No...” the nature of the problem that has arisen is described in detail, point by point.

Sample of a claim letter

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It is necessary to indicate the points of the agreement that were violated by the party, describe the circumstances that led to the emergence of the debt, and indicate the exact amount of the debt on a specific date.

Example

On January 21, 2023, agreement No. 12s was concluded between Sputnik LLC and Raketa LLC, according to which Raketa LLC was obliged to supply Sputnik LLC with a batch of computer equipment. Based on paragraph 1.5 of the agreement, Sputnik LLC was obliged to pay for the delivered goods within 5 days after shipment. Raketa LLC has fulfilled all obligations, which is confirmed by consignment note No. 123n dated January 24, 2023.

As of February 24, payment from OOO Sputnik has not been received. The total amount of debt is 430,200 rubles 00 kopecks (four hundred thirty thousand two hundred rubles).
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