CLAIM. What is Claim? Definition, Usage, and Literary Examples
The claim is a document that contains the claims of the plaintiff to the defendant regarding non-fulfillment of the terms of the contract agreed by the parties. Filing a claim allows you to resolve the relationship between counterparties without resorting to litigation. The person whose rights and interests have been violated informs the respondent of this fact, sets out his requirements, and ways to resolve the conflict. With the help of a well-written claim, you can resolve the dispute in a short time and without extra cash costs. Read on to know more details of what is claim in writing.
How to write claims
The claim writing does not have a standard unified sample that is mandatory for use. It can be drawn up in a free form or according to a template developed within the enterprise. However, there are a number of rules that in any case must be observed in the process of writing it.
The complaint letter must always include:
- information about the sender and addressee (if we are talking about legal entities, their full names must be indicated here, as well as, with regard to the addressee, the position and full name of the person for whom it is intended);
- the reasons for writing it with references to the clauses of the contract, laws and other norms that were violated;
- possible ways to solve the problem and sanctions (also in accordance with the legislation), which may occur for the addressee in case of inaction.
If the letter contains any amounts and terms, they must be entered both in numbers and in words.
If there is any additional evidence, they can be attached to the letter in the form of attachments (these can be checks, receipts, additional agreements, photos, links to video files, etc.). At the same time, the letter itself must necessarily reflect the fact of attachments, indicating their number and, if they are written, the number of pages (for each of them separately).
You can write a claim letter both by hand and in printed form, but regardless of which path is preferred, the message must be certified with a “live” autograph of the leader. At the same time, it is not necessary to put a seal on it (enterprises and organizations have been exempted from the obligation to stamp documents since the beginning of 2016).
There can be as many copies of a claim letter as required, there are no restrictions here, but they must all be duly certified.
The letter must be registered in the journal of outgoing documentation.
Examples of claims filing
If you want to receive an example of a good claim, then pay attention to these points. Filling out the header:
- The sender is indicated at the top of the document, i.e. in the required lines, the full name of the enterprise (in accordance with registration papers), address and telephone number for communication are written. Next, the recipient is entered: his name and the specific person to whom the appeal is made directly (position, last name, first name and patronymic).
- Then the date of the letter and its number according to the internal document flow are put, and the name of the document is written with a short designation of its meaning (for example, “on violation of the supply contract”).
Completing the body of the complaint letter. This section is followed by a descriptive part:
- First you need to indicate the reason for making a claim, and if this is a violation of a clause of the contract, agreement or any other document, then you need to give a link to it, i.e. enter its date, number and essence.
- If we are talking about money, then they must be indicated both in numbers and in words.
- Then you should formulate the text of the claim itself (when there are several problems, they should be entered in separate paragraphs) and offer to fulfill your obligations within a specific time frame (also in numbers and in words).
- Finally, it is necessary to outline the actions that the sender is ready to take for a more radical method of solving the problem (for example, going to court).
- At the end, the letter must be signed, with a decryption of the signature and an indication of the position of the signatory.
Types of claims letters
Letter of claim for a refund
What is a claim statement for a refund?
A written request to return previously paid funds is appropriate when this problem could not be solved by direct contact. This can happen if one of the parties has not fully or incorrectly fulfilled its obligations under the contract. Most often, this situation is observed with dissatisfaction with the quality of the purchased goods. When the consumer wants to return it and get their money back.
Writing a claim letter is mandatory if a dissatisfied buyer plans to apply to the court for the protection of their rights. For this instance, it is obligatory to record the fact that at first they tried to resolve the claim in a pre-trial order, but the procedure for consideration was violated or the request was not satisfied.
Writing rules:
A letter of claim is drawn up in any form, but in compliance with the basic rules of office work. And since this document can be submitted to the court, you need to take into account some details that will make it legally relevant, and if not complied with, they can deprive it of such status. These include:
- data of the addressee of the claim – a person, including a legal entity, who violated the rights of the submitter;
- information about the applicant, including contact details;
- essence of the claim;
- personal signature of the submitter;
- date of the paper.
How to formulate a claim:
When describing the actual situation that led to the request for a refund, it is worth adhering to such recommendations.
- Date of conclusion of the contract (purchase of goods).
- The main obligations of the parties under the contract.
- Which of the following obligations have been violated?
- Applicant’s request for a refund.
- Terms of fulfillment of the requirement.
- Measures that the applicant intends to take if his request is not granted.
Letter of claim about non-fulfillment of the terms of the contract
Definition of a claim in writing about non-fulfillment of the terms of the contract?
If the partner fulfilled his obligations under the contract improperly or did not fulfill at all what he guaranteed, the rights of the infringed party can be protected by the court. But before applying there, you must try to resolve the problem in the order of treatment. For some claims, writing a letter is a mandatory step before filing a claim.
Complaint letter structure:
A claim should be made based on the usual requirements for such documents.
- Information about the addressee: an individual or legal entity that has violated contractual obligations.
- Submitter details.
- Document’s name.
- Details of the contract, the terms of which are not met.
- Enumeration of violated obligations.
- Results resulting from non-performance.
- Terms of correction of violations.
- Additional information if needed.
Debt claim letter
When is this letter written?
There may be several reasons for writing a letter demanding to pay off the resulting debt:
- violation of the terms of payment specified in the contract;
- loan arrears.
Sending a claim letter is mandatory if it is planned to file a claim for the recovery of debt by force. Without an attempt at pre-trial settlement, to which this document testifies, the claim will not be satisfied, and possibly not even considered.
How to write a claim sentence of debt :
The structure of the claim letter is normal, and the content is drawn up in a free form with obligatory references to the violated clauses on the terms and amount of payment under the contract. The nuances vary depending on the type of contract:
- purchase and sale;
- rent;
- work agreement;
- shipping;
- storage;
- provision of services;
- otherwise.
It is desirable to refer to the legislative acts that have been violated. It is obligatory to indicate the terms during which the counterparty agrees to accept funds in payment of the debt without a penalty (or with the specified penalty), without going to court for recovery.
What to do after writing a letter
A letter of claim requires a response, and various developments are possible: satisfaction of claims in full, in part, as well as a complete refusal to satisfy them. As a rule, the answer itself is also in writing, in the form of a separate letter or a resolution imposed by the head of the addressee company on the received claim.
