please tell me, the amount of debt under the supply agreement is 130 tr. , the act of reconciliation is not signed. the debtor (legal entity) promises to pay every day, but does not pay. in this case, it would be correct to file a claim for debt collection or an application for a court order ...
Hello! The following a difficult situation. The company shipped products to the client according to invoices - invoices, waybills were successfully signed by both parties, but the client stubbornly did not pay. In response, the client sent a non-claim letter ...
Good evening. 2 legal entities between which the contract is concluded! The plaintiff is engaged in the supply and wholesale trade of veterinary preparations. The plaintiff files a claim in connection with the formed debt of the defendant in 230,000. In accordance with the agreement ...
Good afternoon! There is a supply agreement between LLC-1 and LLC-2 and a guarantee agreement between LLC-1 and an individual on the proper performance supply contracts. (joint responsibility). The supply contract specifies Court of Arbitration, in the contract of guarantee ...
Debtor of LLC to IP. The activity was carried out - the purchase of auto parts under a supply contract. In the period 2015-2016, a debt was organized that they do not want to extinguish. An official claim was written and an official response was received with a guarantee ...
700
price
question
issue resolved
We delivered the goods to the customer in March 2016 at total amount 130,900 rubles on a deferred payment basis. Agreements were only oral, correspondence e-mail, no contract was signed. A client from another city, sent the goods ...
800
price
question
issue resolved
Good afternoon! Please help me figure it out! The supplier LLC has entered into a supply agreement with the buyer LLC. The buyer is overdue with payment for the delivered goods by more than 100 days. The supplier filed with the Arbitration Court, the claim was left without consideration, because ...
LLC and LLC entered into a contract for the supply of goods. The Supplier fulfilled its obligations to deliver the goods, the Buyer had to pay for the goods within 25 days from the date of delivery. No payment for more than 100 days. But there is also a guarantee agreement for ...
2 contracts for the supply of goods were concluded with the organization (in 2015 and 2017). Under both contracts, the obligations of the customer were not fulfilled in full, thus forming a debt and penalties for delay. Can these 2 requirements be included in 1...
Hello, we IP worked with LLC under a supply contract, we produced and delivered goods, LLC in 2014 did not pay for the delivery under the contract. Now they have changed legal. the address, the charter, the founders were added, they did not tell us this information, they give up ...
Hello. Please tell me, in 2015, a contract for the supply of spare parts for 1,200,000 was concluded. The contract is valid for 1 year, which has expired. Made last payment for 250,000. So far, no products have been delivered. No response to complaint...
05 December 2016, 12:10, question #1463122 Elena, Mrs. Nizhny Novgorod
The bank filed a lawsuit to recover the debt loan agreement. what documents should I provide in court for court loyalty and debt reduction?
(on debt collection under a supply agreement)
"___" ________, between the plaintiff and the defendant, a contract of sale (supply) was concluded, on the basis of which the plaintiff (supplier) carried out "___" __________ years to the address of the defendant (buyer) one-time delivery goods - _________________________, for a total amount of ______ rubles.
The fact that the plaintiff delivered the goods to the defendant for the specified amount and the defendant received the goods is confirmed by the consignment note No. ___ dated “___” _________, attached to this statement of claim.
In accordance with the terms of the above agreement (attached to the statement of claim), payment for the goods must be made by the defendant within ______ days from the date of its receipt (clause __ of the agreement). That. The payment deadline is "__" __________ of the year. However, to date the defendant has not paid for the goods.
The plaintiff repeatedly orally appealed to the defendant with a demand to repay the debt. However, at present, the defendant refuses to satisfy the plaintiff's claims for payment for the delivered goods on a voluntary basis.
As follows from Art. 309 of the Civil Code of the Russian Federation, obligations must be performed properly - in accordance with the terms of the obligation and the requirements of the law, other legal acts. A unilateral refusal to fulfill an obligation and a unilateral change in its terms are not allowed (Article 310 of the Civil Code of the Russian Federation).
The obligation of the buyer to pay for the delivered goods in a timely manner follows from Part 1 of Art. 516, part 1 of Art. 454, part 1 of Art. 486 of the Civil Code of the Russian Federation.
Responsibility for late payment of goods by the defendant is not provided by the contract. In this regard, in this situation, the norm of Part 1 of Art. 395 of the Civil Code of the Russian Federation, which establishes liability for non-fulfillment of monetary obligations (for the use of other people's in cash as a result of their unlawful retention, evasion of their return, other delay in their payment, interest on the amount of these funds is also subject to payment. The amount of interest is determined by the discount rate existing at the location of the creditor bank interest on the date of fulfillment of the monetary obligation or its corresponding part. When collecting a debt judicial order the court may satisfy the claims of the creditor, based on the discount rate of bank interest on the day the claim is filed or on the day the decision is made.
Considering that the supply contract concluded between the plaintiff and the defendant does not provide for a different amount of the defendant's liability for late payment for the goods delivered by the plaintiff, the amount of the defendant's debt to the plaintiff as of the date of this statement of claim, taking into account the legal penalty, is:
calculation formula, where:
Rub. - the defendant's debt to the plaintiff for payment for the delivered goods
_____% - the discount rate of bank interest on the day the claim is filed with the court (established in accordance with the Instruction Central Bank Russian Federation from ________________________)
___% / _____ days - the amount of debt on interest in accordance with Art. 395 of the Civil Code of the Russian Federation for one day of delay in payment for the delivered goods
Days - the number of days of delay in payment for the goods on the date of the statement of claim (from ____________ to _________________ years inclusive).
Based on the aforesaid and guided by Article. 4 APK RF,
Collect from the Individual Entrepreneur (full name) (TIN ___________, OGRNIP _____________) in favor of the Limited Liability Company "_________":
Rubles - debt on payment for the delivered goods
Rub._____ kop. - interest on borrowed money
Rub. ____ kop. - state fee for consideration of the case in court,
TOTAL: ________ rub. ___ kop. (_______________________________ ruble____ kopecks).
1. Payment order for payment of state duty
2. Certificate of state registration claimant (copy)
3. Certificate of registration of the plaintiff in tax authority(copy)
4. Copy of the plaintiff's charter
5. Decision (order) on the appointment of the General Director (copy)
6. Supply contract from "___" ___________ year (copy)
7. Bill of lading No. ___ dated "___" _________________ year (copy)
8. Invoice No. ______ dated "___" ____________ 201_ (copy)
9. Certificate of state registration of the defendant as individual entrepreneur(copy)
10. Notice of the defendant's registration with the tax authority (copy)
11. Copy of the defendant's passport
12. Notice of delivery to the defendant of a copy of the statement of claim with copies of documents attached to it
13. Copy of the representative's power of attorney
Representative of _________ LLC ________________________________
"" _________ 201__
1. Statement of claim on the recovery of the bill of exchange and the costs of making a protest of a bill of non-payment
2. Statement of claim for the recovery of insurance payment under the insurance contract
3. Statement of claim for the recovery of property from someone else's illegal possession (vindication)
4. Statement of claim for the recovery of debt and penalties under an energy supply agreement (gas supply, water supply, heat supply)
5. Statement of claim for the recovery of funds under a loan agreement
6. Statement of claim for the recovery of debt and penalties under the supply agreement
7. Statement of claim on the obligation of the joint-stock company (register holder) to make an appropriate entry in the register of shareholders
8. Statement of claim for the protection of business reputation legal entity and indemnification
9. Statement of claim for compensation for damage caused by an accident
10. Statement of claim to eliminate the violation of the rights of the owner, not related to deprivation of possession
11. Statement of claim to invalidate the decision general meeting shareholders
12. Statement of claim for the recovery of the cost of undelivered goods
13. Statement of claim for the release of property from arrest
14. Application for invalidation of the decision of the bailiff
15. Statement of claim for the recovery of the cost of work under a work contract
16. Statement of claim on the obligation to provide documents for review
17. Debtor's application for recognition as insolvent (bankrupt)
18. Creditor's application for recognition as insolvent (bankrupt)
19. Application of the creditor for inclusion in the register of claims of the debtor's creditors
20. Statement of claim for recognition invalid contract purchase and sale of a property complex and the application of the consequences of the invalidity of a void transaction
21. Statement of claim for termination of the contract and recovery of rent
22. Petition for Release real estate and collection of rent
23. Statement of claim for the recognition of a transaction concluded under the influence of fraud (violence, threats) as invalid and the application of the consequences of invalidity
24. Claim for compensation in connection with the illegal use of a trademark
You can download a sample claim on this page, you do not need to register. Please note that this sample claim can only be used for personal purposes, commercial gain is prohibited.
A sample claim for debt collection was prepared by the lawyers of Simplita-Pravo.
Next, you can check out a sample claim to the Arbitration Court of St. Petersburg and Leningrad region on the recovery of debt under a supply contract and a penalty. This statement was prepared for our client - a major supplier of industrial products.
Read also: FKZ on arbitration courts in the Russian Federation
In the above example of a claim, in addition to the amount of the principal debt, the so-called "contractual penalty" is collected. The amount of the penalty is specified in the contract. In this agreement, the penalty was 0.5% for each day of delay from the unpaid amount.
Posted on site sample claim can be used if there is a similar case, but in most cases quite serious adjustments are required. You can make changes yourself or contact our lawyers to draw up a statement of claim for arbitration.
and Leningrad region
Address: 191015, St. Petersburg, Suvorovsky pr. 50-52.
Plaintiff: Closed joint-stock company «. »
Legal address: 192003, St. Petersburg.
Actual address: 191015, St. Petersburg.
Address for sending court correspondence: 191036, St. Petersburg, st. Vosstaniya, d. 7, business center "Andreevsky House", office 401.
Respondent: Open Joint Stock Company ". »
Address: 192130, St. Petersburg.
Price of the claim: 2,689,451.32 rubles
State duty: 36,447.25 rubles.
on the recovery of debt under a supply agreement and a penalty
In accordance with clause 1.1. of the agreement, the Supplier undertakes to supply, and the Buyer undertakes to accept and pay for the supplied goods in the manner and on the terms, stipulated by the agreement. According to clause 2.1. of the agreement, the name, brand, quantity, quality, assortment, completeness, price, delivery time, payment procedure for the goods supplied, as well as other terms of delivery of each individual batch of goods not specified in the text of this agreement, are stipulated by the parties in the specification for each individual batch of goods.
On July 12, 2012, the Supplier and the Buyer signed specification No. 2 to the contract, according to which the Supplier undertakes to deliver, and the Buyer undertakes to accept the goods for a total amount of 1,833,300.02 rubles. In accordance with clause 3 of the specification, payment for the goods takes place in two stages: the first stage is an advance payment in the amount of 40% of the total order amount; the second stage - payment of the remaining amount in the amount of 60% within 15 working days from the date of shipment of the goods. The goods were shipped to the Buyer on August 9, 2012, which is confirmed by the consignment note No. 12 of 08/09/2012. The Buyer paid for the goods in part by transferring 733,320.01 rubles to the Buyer's account.
The Claimant fulfilled the terms of the contract by handing over the goods to the Respondent, which is confirmed by the consignment note. The defendant accepted the goods, but did not fully fulfill his obligation to pay for the delivered goods.
The Respondent's debt for payment for the delivered products under the contract amounted to 1,099,980.09 rubles, which is confirmed by the act of reconciliation of mutual settlements under the contract, signed by both the Claimant and the Respondent.
The Claimant sent the Respondent a claim No. 3413-01 dated March 11, 2013. with the requirement to repay the debt, which was handed over to the Respondent, which is confirmed by mail notification of delivery.
According to clause 7.5. of the contract in case of non-fulfillment or improper fulfillment of obligations to pay for goods and (or) costs specified in clauses 5.3, 5.6 of this contract or in the specifications, the Buyer pays the Supplier a penalty at the rate of 0.5 percent of the unpaid (overdue) amount of money for every overdue day.
According to the calculation, the amount of the penalty amounted to 1,589,471.23 rubles. The delivery was made by the Claimant on August 09, 2012 and had to be paid for within 15 working days, that is, no later than June 30, 2012. As of the date of filing the claim with the court (18.06.2013), the number of days of delay was 289 days. Penalty calculation: 289 days * 1,099,980.09 rubles * 0.5% = 1,589,471.23.
Thus, the total amount of claims is 2,689,451.32 rubles, of which the amount of the principal debt under the contract for the delivered goods is 1,099,980.09 rubles, the penalty is 1,589,471.23.
In accordance with Article.Article. 309, 310 of the Civil Code of the Russian Federation, obligations must be properly performed in accordance with the terms of the obligation and the requirements of the law, unilateral refusal to fulfill the obligation and unilateral change in its conditions are not allowed.
Due to the lack of staffing Claimant of the position of a lawyer, the Claimant was forced to apply to the law firm "Simplita" LLC and conclude an agreement to conduct the case in court. The cost of expenses for a representative amounted to 30,000 rubles.
Based on the foregoing and guided by Art. Art. 309, 310, 330 of the Civil Code of the Russian Federation Art. 28, 35, 106, 125, 126 of the Arbitration Procedure Code of the Russian Federation,
1. Collect from JSC ". "in favor of CJSC". » cash in the amount of 2,689,451.32 rubles, of which the amount of the principal debt under the contract for the delivered goods is 1,099,980.09 rubles, the penalty is 1,589,471.23.
2. Collect from OJSC “. "in favor of CJSC". » legal costs associated with the consideration of the case in the arbitration court, to pay for the services of a representative in the amount of 30,000 rubles.
3. Collect from JSC ". "in favor of CJSC". » court costs for paying the state fee in the amount of 36,447.25 rubles.
In total, documents are presented on ___ (______________________) sheets.
The original documents in support of the claim will be submitted after the claim is accepted for proceedings.
JSC representative. » by proxy
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Law firm "Simplita-Pravo"
St. Petersburg, st. Vosstaniya, d. 7, office 401
Claim to arbitration
A claim to the arbitration court is necessary to confirm the fact of pre-trial settlement of the dispute with the defendant. In the cases established by law, a claim in without fail sent to the counterparty before the trial.
How to protect the buyer from risks when concluding a supply contract?
The article discusses the most likely causes of disputes in the arbitration court between the parties to the supply agreement. The lawyers of our company paid attention to protecting the buyer from the risks associated with incomplete definition of the subject of the transaction, violation of the procedure for organizing settlements.
Read also: Interest on overdue principal
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The submitted statement of claim is aimed at collecting debt under the supply agreement.
In the theory of jurisprudence, it is believed that the statement of claim has two main elements: the subject and the basis of the claim.
The subject of any statement of claim is the violated right of the subject, in this case, the right to receive money from the debtor for the supply of goods to him, as well as interest for the use of other people's money. Thus, the subject of the statement of claim is the requirement contained in it, what the statement of claim is aimed at (for example, the recovery of money under a supply contract).
The basis of the claim is the factual circumstances - legal facts, with the occurrence of which the emergence of a specific right of the subject is associated, in our case, this is the right to receive payment for the supply of goods, and evidence confirming such circumstances.
The actual circumstances of legal significance in our case include:
- the existence of a concluded supply agreement,
- the fact of delivery of goods, confirmed by waybills, acceptance certificates or consignment notes,
- failure by the defendant to fulfill the obligation to pay for services within the terms established by the contract,
- the rules of law (for example, articles of chapter 30 of the Civil Code of Russia), which must be indicated in the statement of claim (in accordance with article 125 of the Arbitration Procedure Code of Russia, the statement of claim indicates not only the claims of the plaintiff, but also a reference to the law that provides for such methods of protection rights).
In addition to the specified main elements of the statement of claim, the presence of others provided for in Article 125 of the Arbitration Procedure Code of Russia is mandatory. For example, it is obligatory in the statement of claim to indicate the name of the arbitration court where the claim is filed, the name of the plaintiff, debtor, their location addresses, the price of the claim, its calculation, information on compliance with the claim procedure, a list of attached documents.
Sample statement of claim for the recovery of debt under a supply agreement:
To the Arbitration Court of the Ivanovo Region
153022, Ivanovo, st. B. Khmelnitsky 59-bzx
The price of the claim: 44,212 rubles 80 kopecks.
State. duty: 2000 rubles.
on debt collection
14.08.2015 between __________________________ (hereinafter referred to as the Claimant) and _______________________ (hereinafter referred to as the Respondent) a supply agreement with a deferred payment No. 50 dated 14.08.2015 was concluded, in accordance with which the Claimant undertook to transfer into the ownership of the Respondent, and the Respondent to accept and pay for the goods: Redverg RD Vibrorail – SF1 in the amount of 1 pc. in the amount of 36,600 (thirty six thousand six hundred) rubles 00 kopecks (including VAT).
In order to fulfill this agreement, the Claimant delivered to the Respondent the goods stipulated by the contract in the amount of 36,600 (thirty-six thousand six hundred) rubles 00 kopecks (including VAT), which is confirmed by waybill No. 171 dated 28.08.2015. and invoice - invoice No. 170 dated 28.08.2015.
The goods were accepted by the Respondent, as evidenced by the signing of the consignment note by him. The same fact testifies to the absence of claims by the Respondent regarding the quantity, assortment, price and condition of the goods.
In accordance with clause 3.14. of the agreement, acceptance of the goods by quality (except for hidden and manufacturing defects) is carried out by the Buyer within 14 (fourteen) calendar days from the date of its receipt. The absence within the specified period of the Claimant's statement of the Respondent about the supply of low-quality products indicates the absence of claims to the quality of the goods on the part of the Respondent.
Thus, the Claimant fulfilled its obligation to transfer the goods to the Respondent's property in full.
In accordance with clause 2.2. of the contract, the Respondent is obliged to make payment no later than two weeks from the date of receipt of the goods and the invoice of the Claimant.
The defendant did not fulfill the obligation to pay within the period stipulated by the contract.
The amount of the Respondent's debt to the Claimant under the agreement is 36,600 (thirty six thousand six hundred rubles) 00 kopecks (including VAT).
In accordance with Art. 309 of the Civil Code of the Russian Federation, obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with customs or other usually imposed requirements.
In accordance with Art. 310 of the Civil Code of the Russian Federation, a unilateral refusal to fulfill an obligation and a unilateral change in its conditions are not allowed, except as otherwise provided by law. Unilateral refusal to fulfill an obligation related to the fulfillment by its parties entrepreneurial activity, and a unilateral change in the terms of such an obligation are also allowed in cases provided for by the contract, unless otherwise follows from the law or the essence of the obligation.
Changes: January, 2019
Debt under the supply agreement — a situation that often takes place in the cooperation of two parties (customer and supplier), and the main reason is the failure of the recipient or seller to fulfill their obligations. In such a situation, one of the solutions is to file a claim and go to court. The question is how to do it correctly, and what the jurisprudence says. Let's consider these points in more detail.
The basis of cooperation between the buyer and the supplier is the supply contract, which is considered one of the varieties of the sale and purchase agreement. Under this document, the seller undertakes to transfer products, equipment or materials to the other party to the agreement, the recipient, within a certain period. The latter has the right to use the goods for commercial purposes. Interestingly, the role of the supplier in obtaining the goods does not matter - he can buy it at a lower price or personally engage in production.
In order for the contract to be classified as "deliverable", the recipient of the object of the transaction must use it for commercial (entrepreneurial) purposes. If the parties to the transaction have not agreed on the terms for the transfer of goods, it is delivered once a month in equal batches. If there are other conditions in the legislation or the contract, this parameter may be different. Initially, the task of supplying the products is performed by the seller, but the agreement may provide for a "pick-up" when the buyer personally arrives at a certain place and personally receives the goods.
In accordance with the law, the buyer is obliged to check or carry out other measures regarding the receipt of the goods within a certain period. In addition, the agreement stipulates the period in which a claim for debt under the supply contract or for the timing of the transfer of goods can be drawn up. Also, the recipient of the products has the right to check the quality of the goods and, taking into account the norms prescribed in the Civil Code of the Russian Federation (Article 513), notify the supplier of the low quality of the products (if any).
If the buyer has made a reasonable decision not to accept the delivered product (goods), he is obliged to ensure its storage. In this case, the financial costs are borne by the seller, who picks up the goods and pays for the services of the recipient. In turn, the buyer must notify the existence of claims in advance and indicate the reason why he does not accept the products.
If the recipient does not inform the supplier of the refusal to accept the goods within the period established by the agreement, the seller has the right to demand the full amount of payments, regardless of the quality of the products, under the law or subject to the terms of the supply contract.
It should be noted that in case of inadequate product quality, the buyer must issue a refusal in writing. Here a special act is filled out according to the model, which is indicated in the appendix to the agreement of the parties. In the absence of such, the act must contain information on specific non-compliance of the goods with the declared requirements. If possible, all deviations should be “linked” to current conditions, norms or GOSTs.
The recipient must not only notify the supplier of the fact of poor product quality, but also document this. Information, as a rule, is drawn up and sent by registered mail. Similarly, the situation associated with the incompleteness of the delivered products is solved. The buyer has the right to return the goods in case of any deviation of the scope of delivery from what is reflected in the contract. Even in the absence of a small number of elements, the incompleteness of the object of the transaction is recognized. As a result, a penalty for late delivery is charged, taking into account the conditions that are stipulated in the agreement between the parties. Sometimes a penalty is charged before the day of actual delivery and is not limited by the term of the agreement.
If the supplier does not eliminate the defects within the agreed (reasonable) period, including understaffing the goods, the recipient has the right to go to court and demand the recovery of the difference in the cost of the ordered and actually received products. Breach of obligations allows the injured party to refuse to fulfill obligations and terminate the agreement. In this case, the full cost of the object of the transaction is charged through the court.
In general, the subject of proceedings in court under a supply contract may be:
Another situation is also possible, when the goods are received, meet all the requirements, but payment is not made. In such a situation, a statement of claim is also drawn up for the recovery of debt under the supply agreement. This is relevant in cases where the parties cannot resolve the problem without going to court.
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A "delivery" contract is always drawn up in writing. Otherwise, it has no legal effect. The agreement may be in the form of one or more documents. Papers that are directly related to the contract are transmitted in person, by e-mail or by fax. Based on judicial practice, it is desirable to draw up a single contract, which contains the signatures of the participants and the wet seals of the participating organizations. With this design, the court will have fewer questions regarding the legality and relevance of the contractual relationship between the parties.
The supply contract must reflect the characteristics of the goods (volume and name), as well as the exact timing of the transfer of the object of the transaction. If the agreement is designed not for one, but for several deliveries in a certain time period or for a specific volume of goods, information on products and terms is written in the contract in general form. More details can be found in the appendix to the contract. In addition, each sheet is "attached" to a specific delivery. If the supplier files a lawsuit with a desire to collect debts under the contract, he must present not only the “body” of the contract, but also the annexes (specifications). In this case, the judicial authority can accurately determine the fact of the lack of delivery or refusal of payment.
One of key points in the agreement is an indication of the quality parameters of the goods. In judicial practice, debt collection is carried out not only because of the lack of delivery of goods, but also because of its poor quality. In the latter case, the buyer bears the losses and is entitled to demand their compensation. This is easy to explain, because the recipient received the goods, but he cannot resell them.
Special attention should be paid to the procedure for settlements between the parties, as well as penalties for late payment. But it is worth considering that trial often stretches for a long time and takes from one month to six months. As a result, the total amount of debt is accrued high interest. The same situation occurs in the case when the supplier has transferred goods of poor quality.
In arbitration law, compliance with the dispute resolution procedure specified in the supply contract is of key importance. That is why any proceedings in the relationship between the supplier and the buyer begin with a claim to the party that violated the terms of the agreement. The document clearly sets out the claims and requirements with reference to the paragraphs of the document or annexes that have been violated. If there are none, the claim is made with reference to the norms of the law.
In addition, the claim indicates the amount of the current debt, as well as information on the collection of additional penalties, namely penalties or fines. We must not forget about other items of expenditure - the payment of state duty and payment for the services of lawyers representing interests in court. As a result, the initial payout increases.
In practice, there are many cases when, after receiving a claim with all the consequences of non-payment of the debt, the counterparty took active steps to cover debt obligations. If this does not happen, a lawsuit is being prepared to collect the debt through the court. The document is submitted to the arbitration court, which is located at the place of residence of the respondent party. It is allowed to apply to an authority “tied” to the legal address of the debtor. If the party to the contract is a representative office or branch of the company, you must focus on its address.
When drawing up a statement of claim, it is necessary to focus on the requirements of the APC of the Russian Federation (Article 125). The document is drawn up according to a certain pattern, which is easy to find on the Web. The documents listed in the article mentioned above are attached to the application, namely:
It is worth considering that financial papers must be presented as originals. In addition to the mentioned documents, a petition for the application of security measures or the retrieval of evidence can be attached to the statement of claim. If necessary, this can be done immediately or already during the process.
If the claim is executed in compliance with the necessary rules, and the required package of papers is attached to it, the court accepts the documents for consideration and determines the date of the trial. If there are errors, the claim may be sent for revision or it may “hang” without consideration. In the latter case, the plaintiff will be asked to amend and report required package papers. Only then does the full trial begin.
When filing a claim with an arbitration court, it is important to understand that the process does not take one day. As noted above, it can take several months. If there is no money on the debtor's accounts, the execution of the court decision will take no less time. In addition, during the proceedings, the court may have additional questions to which it is important to respond quickly. If additional evidence is required, it will have to be provided promptly. Possible situations when "surprises" are presented by the opposite side.
That is why such cases should be conducted with the involvement of experienced lawyers who know the nuances of the procedure for collecting debt under a supply agreement, have experience in resolving such issues and are able to respond to court requirements in a timely manner. In addition, experienced lawyers are contacted not only on these issues, but also to solve a number of other problems - debt collection under a lease or contract.
When drawing up a contractual relationship for the supply of goods, along with the main obligations (prepayment, terms and specifications), conditions regarding the penalty should be provided. This term is synonymous with the same penalty or fine that the debtor must transfer to the creditor in case of failure to fulfill the obligations specified in the contract, or in case of their fulfillment, but in an improper form. Penalty may also be charged in case of delay in fulfilling obligations. The parties have the right to limit the amount of the penalty, but subject to reasonable limits.
Thus, the supply contract reflects the period by which the penalty must be accrued, the cases and amount of the payment of the fine, especially the payment of the penalty for non-fulfillment of obligations. If the agreement does not contain this information, the collection of funds is carried out taking into account the norms prescribed in Article 395 of the Civil Code of the Russian Federation.
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Collection of debt under a supply agreement in court, tel. 8-903-120-51-06 daily from 9 a.m. to 9 p.m.
We will collect debts under the supply agreement through the Arbitration Court
To the Arbitration Court of the Chelyabinsk Region
454091, g . Chelyabinsk, st. Vorovskogo, 2
Plaintiff _______________________________
(name, TIN, OGRN)
E-mail ________________________________
Respondent ____________________________
(name, TIN, OGRN)
Address: _______________________________
Phone fax_________________________
E-mail _______________________________
The amount of the claim is ______ (____________) rubles.
State duty ______ (___________) rubles.
Statement of claim
on the recovery of debt and penalties under the supply agreement
Plaintiff and defendant concluded the Supply Agreement No. _____ from "___" ___________ 20__ , according to whichthe plaintiff undertook to deliver to the defendant, and the defendant - to accept and pay ____________________.
(Name products)
In pursuance of this agreement, the plaintiff delivered goods to the defendant for a total amount of _____________ rub., which is confirmed by waybills No. ___dated "___" ___________20__, No. ___from "___" _____________ 20__, invoice no. _____dated "___" ____________ 20__, No. ____ dated "___" _____________ 20__ The goods were accepted by the defendant, that confirmed by waybills with the marks of the defendant: the stamp of the organization and the signatureresponsible person.
According to par. ____Contract, the defendant was obliged to pay for the goods delivered by transferthe value of the goods to the current account within _________banking days from the moment the goods are shipped. Respondent made a partial payment for the delivered goods according to payment orders No. ________from "__" _____________ 20__, No. ________from "__" ___________ 20__ for a total amount of ___________ rub. Therefore, the amount owed by the defendant to the plaintiff was ____________rub.
In accordance with Art. 309, 310 of the Civil Code Russian Federation obligations must be properly fulfilled in in accordance with the terms of the obligation and the requirements of the law and unilateral refusal to fulfill them not permitted except in cases provided by law.
In accordance with Art. 454, 486 of the Civil Code of the Russian Federation, the buyer is obliged to pay for the goods immediately before or after the seller transfers the goods to him, unless otherwise provided by law or the contract.
In step ____ of the Agreement, the parties established that in case of delay by the buyer of payment fordelivered goods, it is envisaged that the buyer will be charged a penalty in the amount of ___%from the sum unpaid goods for each day of delay, the amount of which is______________for the period, beginning with "___" ___________ 20__ to "___" ____________ 20__
The claim filed by us No. ___ dated "__" ___________ 20__ for the payment of principal and penalties in the amount of _______________ rubles. for late payment for delivered goods the defendant left without satisfaction (answer) for the following reasons: ________________________________.
In connection with the foregoing, guided by Art. 15, 309, 310, 330, 331, 454, 486 of the Civil Code of the Russian Federation, Art. 4, 125, 126 of the Arbitration Procedure Code of the Russian Federation,
I beg:
1. Collect from the defendant ___________ RUB. principal debt under the supply agreement.
2. To recover from the defendant for violation of the term of payment for the delivered goods a penalty in the amount of ___________ RUB.
3. Collect from the defendant a state duty in the amount of _________ rubles.
4. Reimburse the plaintiff's legal expenses for representing his interests in court.
Applications:
1. A certified copy of the supply agreement.
2. Certified copies of evidence of payment for the goods.
3. Certified copies of acts of acceptance and transfer of goods.
4. A certified copy of the claim and evidence of its sending to the defendant.
5. A certified copy of the response to the claim.
6. Calculation of the price of the claim.
7. Document on sending a copy of the statement of claim to the defendant.
8. A document confirming the payment of the state duty.
9. Power of attorney or other document confirming the authority to sign the claim.
10. A certified copy of the certificate of state registration as a legal entity or individual entrepreneur.
"___"______________ ____ G.______________________
(signature)
(seal)
