Delivery of goods can become the main way of earning. This means that situations are possible in which you will have to look for a way to collect the debt under the supply agreement.
When the situation and circumstances force us to search for an answer to the question of how to collect debt under a supply agreement, one should start with attempts to resolve this issue without a trial. The order may be established by agreement, but the final decision is always left to the discretion of the court.
This means that if it was not possible to collect the delivery debt through negotiations, you will have to resort to judicial order. The preparation will have to be treated with the utmost care and start collecting evidence.
In general, the main way to collect the delivery debt is the court. The law establishes a certain jurisdiction for such cases. Since the relationship of counterparties is directly aimed at making a profit, consideration of all issues is within the jurisdiction of the arbitration court.
Therefore, starting the search for an answer to the question of how to collect debt under a supply agreement, you should consider all options and either agree or begin a thorough preparation for the process. One of the aspects of the preparation is a statement of claim for the recovery of debt under the supply agreement.
All disputable situations that can only arise during the execution of the agreements reached regarding the supply of goods are classified as economic. This means that the debt under the supply agreement lies in the named area.
The preparation of a statement of claim for the recovery of debt under a supply agreement must be carried out in accordance with the requirements established by the Arbitration Procedure Code of the Russian Federation. It must comply with the law in full, since the presence of violations in the document may result in its return to the applicant.
In addition, the collection of debt under the supply agreement requires the preparation of documents. The plaintiff must fully substantiate his own position. To help him, there will be documents confirming the existence of documented agreements and papers confirming the acceptance of the delivered goods.
But if for some reason there is no contract, do not despair. In this case, the substantiation of the direct fact of fulfillment of obligations (delivery of goods) and acceptance of what was received by the buyer will be of primary importance for the court. The court will consider the contract actually concluded.
It is quite simple to prepare a statement of claim for the recovery of debt under a supply agreement, especially if you use a special link on the site. After going through it, you can use the template, which is ideal for typical problems related to the presence of debt under the supply agreement.
In general, examples of a claim for debt collection under a supply agreement greatly simplify the work of not only ordinary citizens, but even professionals. They include generic justification for requirements and are generally easy to adapt to individual circumstances.
Therefore, a statement of claim for the recovery of debt under a supply agreement, a sample of this document is in demand and very convenient way prepare for the process. In addition, using the example of a claim for the recovery of debt on delivery, you can significantly save your own time.
To the Arbitration Court of St. Petersburg and the Leningrad Region
Address: _____________________
Plaintiff: Limited Liability Company ***
Address:_____________________
Respondent: Limited Liability Company ***
Address: _______________________
Amount of claim: 550,942.14 rubles.
State duty: 14,018.84 rubles.
Statement of claim
LLC *** (hereinafter referred to as the plaintiff) and LLC *** (hereinafter referred to as the defendant) concluded a contract for the supply of (crushed stone) No. 63/DSB/13/P dated April 1, 2007 (hereinafter referred to as the contract). According to the agreement, the plaintiff supplies the defendant with crushed granite, and the defendant accepts this product and pays for it. The term of the contract (until 12/31/2007) was extended by additional agreement No. 2 of 12/25/2007 - until 12/31/2008 and by additional agreement No. 6 of 12/31/2008 - until 12/31/2009.
The plaintiff fulfilled its obligations in full and properly, which is confirmed by invoices signed bilaterally from 02.02.2007 to 05.30.2009 (attached to the application).
The defendant paid for the supplies of the plaintiff not systematically and in amounts that did not correspond to the cost of the supplied crushed stone, which is confirmed by the payment orders attached to this claim for the period from 02/02/2007 to 09/28/2009.
The circumstances of the delivery and incomplete payment for the goods are also confirmed by the Certificate of Reconciliation of Mutual Settlements from 01/01/2007 to 12/31/2009 signed by both the plaintiff and the defendant.
As a result, as of September 28, 2009, the defendant had a debt to pay for the goods supplied by the plaintiff in the amount of 524,706.80 rubles. To date, the defendant has evaded fulfilling its obligation to pay for goods under the contract.
In accordance with Art. Art. 309, 310 of the Civil Code of the Russian Federation, obligations must be properly performed, a unilateral refusal to fulfill obligations is not allowed, except as otherwise provided by law.
According to clause 8.1 of the agreement, the parties are liable for non-fulfillment or for improper fulfillment of obligations assumed under the contract, in accordance with civil law Russian Federation and the terms of the contract. Clause 5.3 of the contract, in case of violation of the terms of payment for the delivered goods by the buyer, the supplier has the right to require the buyer to pay a penalty in the amount of 0.1% of the overdue amount, but not more than 5% of the specified amount.
Given that 0.1% of 524,706.80 rubles. (524.70 rubles) for 375 days of delay is 196,765.05 rubles. and 5% from 524,706.80 rubles. is 26,235.34 rubles. the plaintiff is entitled to recover the last amount as a penalty.
Clause 9.4. The agreement provides that all disputes that may arise from the agreement or in connection with it, the parties will try to resolve through negotiations, and if no agreement is reached, the dispute is referred to the Moscow Arbitration Court.
The plaintiff has repeatedly made attempts to settle the dispute through negotiations for six months, but the defendant, referring to the lack of funds, does not fulfill its obligations under the contract.
Based on the above, guided by art. Art. 309, 310, 395 of the Civil Code of the Russian Federation, Art. 4 APK RF,
1. Collect from LLC *** in favor of LLC *** the amount of debt in the amount of 524,706.80 rubles. a penalty in the amount of 26,235.34 rubles. and paid when submitting this application the amount of the state fee in the amount of 14 018, 84 RUB.
Application:
1) confirmation of the direction of the application to the defendant - 1 l.
2) payment order for the payment of state duty - 1 sheet.
3) a copy of the supply agreement No. 63/DSB/13/P of 04/01/2007 - 5 sheets.
4) copies of additional agreements to the supply contract No. 63/DSB/13/P of 04/01/2007 - 11 sheets.
5) a copy of the act of reconciliation of mutual settlements for the period from 01/01/2007 to 12/31/2009 - 2 sheets.
6) a copy of the act of reconciliation of mutual settlements as of June 16, 2010 - 1 sheet.
7) copies of invoices - l.
8) copies of payment orders - l.
General Director of LLC *** __________________ ***
Claim Forms
1. Statement of claim for the recovery of the bill of exchange and the costs of making a protest of the 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 for obligation joint-stock company(of the register holder) to make an appropriate entry in the register of shareholders
8. Statement of claim for the protection of the business reputation of a legal entity and compensation for losses
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
Plaintiff: JSC "A" (address, telephone, fax)
Respondent CJSC "B" (address, telephone, fax)
Statement of claim
on the recovery of debt and penalties under the supply agreement
The plaintiff and the defendant entered into a Supply Agreement No. ______ dated "___" ______ 200__, in accordance with which the plaintiff undertook to deliver to the defendant, and the defendant - to accept and pay for (name
products). In pursuance of this agreement, the plaintiff delivered goods to the defendant on total amount ______ rub. which is confirmed by waybills No. ______ dated "___" ______ 200__ No. ______ dated "___" ______ 200__ invoices No. ______ dated "___" ______ 200__ No. ______ dated "___" ______ 200__ The goods were accepted the defendant, which is confirmed by waybills with the marks of the defendant: the stamp of the organization and the signature of the responsible person.
According to clause ___ of the Agreement, the defendant was obliged to pay for the delivered goods by transferring the cost of the goods to the current account within ___ banking days from the moment the goods are shipped. The defendant made a partial payment for the delivered goods according to payment orders No. ______ dated "___" ______ 200__ No. ______ dated "___" ______ 200__ for a total amount of ______ rubles. Thus it is the amount of the defendant's debt to the plaintiff amounted to ______ RUB.
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, and unilateral refusal to fulfill them is not allowed, except as otherwise provided by law.
In accordance with Article.Article. 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 clause ___ of the Agreement, the parties established that in the event of delay by the buyer of payment for
delivered goods, it is provided for the collection of a fine from the buyer in the amount of ___% of the amount of the goods not paid on time for each day of delay, the amount of which is ______ for the period
starting from ______ to ______.
Guided by Article.Article. 15, 309, 310, 330, 331, 454, 486 of the Civil Code of the Russian Federation, Art. 4 APK RF,
1. Collect from CJSC "B" ______ rubles. principal debt under the supply agreement.
2. Collect from CJSC "B" ______ rubles. penalties.
3. To recover from CJSC "B" the costs of paying the state duty on the claim in the amount of ______ rubles.
Arbitration disputes under the supply contract.
One of the hottest topics in business and commercial activities is a question concerning the supply contract. This document is regulated by the norms of civil law (Articles 506-524 of the Civil Code of the Russian Federation) and today it is one of the most common agreements in the economic field.
Features of the supply agreement
At its core, the supply agreement belongs to the category of documents regulating the procedure and conditions for the sale and purchase. However, in comparison with the contract of sale, the supply contract has some properties that are characteristic only for it:
It is worth considering the fact that the supply contract is not intended to regulate relations arising in the process of purchasing goods by legal entities (IP) at retail, for this purpose a sales contract is drawn up.
In accordance with Art. 506 of the Civil Code of the Russian Federation, according to a bilateral agreement, the supplier undertakes to fulfill necessary actions on the transfer of individual goods, and the buyer to make payment. The transfer of goods, as well as payment, is not made immediately at the time of choosing the goods, but within the terms established by the contract.
Under a supply agreement, legal entities purchase goods not only for commercial purposes, but also to ensure the work of the organization. For example, the purchase of equipment, office furniture, machinery, machinery, materials and raw materials for the implementation of various works.
Legal features of the execution of the contract
Conflict resolution procedure
With regard to numerous conflicts related to the supply contract, the binding rule pre-trial settlement of disputes. Before going to court with a statement of claim, the injured party in without fail should apply to his opponent with a written claim.
The requirement must state the essence of the claim, if the cause of the dispute is, then it is necessary to reflect the debt repayment lines, indicate the amount of debt obligations, and outline further measures that will be taken in case of non-compliance with the requirements. If the requirements are not met within the prescribed period, the injured party has the right to apply to the court.
Evidence of compliance with the pre-trial procedure must be presented to the court. Otherwise, the court will not accept the claim.
Simultaneously with the claim, all available evidence of the existence of an agreement must be submitted to the court. essential conditions contracts, as well as their non-fulfillment:
The statement of claim must fully reflect the validity of their claims, setting out the circumstances on which they are based. The plaintiff may file claims for the recovery of the principal debt, penalties and fines, as well as for collection of court costs.
The main types of disputes under the supply contract
To arbitration disputes, most often arising in relation to supply contracts, include:
Arbitration lawyers Moscow and Moscow region.
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, this is the right to receive funds from the debtor for the supply of goods to him, as well as interest on the use of other people's in cash. 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,
- 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, which 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 mandatory to indicate in the statement of claim 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, the 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
Plaintiff: ________________________________
Respondent: _____________________________
Address: ________________________________
The price of the claim: 44,212 rubles 80 kopecks.
State. duty: 2000 rubles.
STATEMENT OF CLAIM
on debt collection
08/14/2015 Between __________________________ (hereinafter referred to as the Claimant) and _______________________ (hereinafter referred to as the Respondent) a supply agreement was concluded with a deferred payment No. 50 dated August 14, 2015, in accordance with which the Claimant undertook to transfer into the Respondent's ownership, 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 provided for in 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 where stipulated by the agreement unless otherwise follows from the law or the nature of the obligation.
In accordance with Article.Article. 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 paragraph 4.2. of the agreement, the parties have established that in case of late payment for the received goods, the Supplier has the right to demand in writing from the Buyer the payment of a penalty at the rate of 0.1% of the unpaid amount for each calendar day of delay in payment.
The penalty for the period from 09/12/2015 to 04/08/2015 is 7,612.80 (seven thousand six hundred twelve) rubles 80 (eighty) kopecks.
Calculation of the collected amount of money:
The delay from 09/14/2015 to 04/08/2016 amounted to 208 days.
36600 (principal amount) * 0.1% (fine amount) = 36.6 rubles (for one day of delay)
36.6 rubles * 208 (number of days of delay) \u003d 7,612.80 rubles.
In accordance with Article 12 of the Civil Code of the Russian Federation, one of the ways to protect the right is to award a duty in kind.
Based on the foregoing, and guided by Article.Article. 12, 309, 310, 330, 331, 394 of the Civil Code of the Russian Federation, art. 4, 125, 126, 106, 110 APC RF
1. To collect from the Respondent in favor of the Claimant the amount of the principal debt in the amount of 36,600 (thirty six thousand six hundred) rubles.
2. To recover from the Respondent in favor of the Claimant a penalty for failure to fulfill an obligation under the contract in the amount of 7,612 (seven thousand six hundred and twelve) rubles 80 (eighty) kopecks.
3. To recover from the Respondent in favor of the Claimant the costs of paying the state fee in the amount of 2,000 rubles (two thousand) rubles.
4. Collect from the Respondent in favor of the Claimant the costs of legal services in the amount of 5,000 (five thousand) rubles.
Applications:
1. Supply contract No. 50 dated 14.08.2015
2. Consignment note No. 171 dated 28.08.2015
3. Invoice No. 170 dated August 28, 2015.
4. Act of reconciliation of mutual settlements as of December 31, 2015.
5. A document confirming the sending to the Respondent of a copy of the statement of claim and the documents attached to it.
6. A document confirming the payment of the state. duties.
7. A document confirming payment for legal services.
8. A document confirming the authority to sign the statement of claim.
9. Certificate of state registration Claimant.
10. Extracts from a single state register legal entities indicating information about the location of the Claimant and the Respondent, obtained from the official website of the Federal Tax Service of Russia.
____________/_________________________/
"____" _____________ 2016
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 individual on the proper performance of the supply contract. (joint responsibility). The Arbitration Court is indicated in the supply agreement, in the surety agreement ...
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
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We delivered the goods to the client in March 2016 for a total amount of 130,900 rubles on a deferred payment basis. The agreements were only verbal, correspondence by e-mail, the contract was not concluded. A client from another city, sent the goods ...
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Good afternoon! Please help me figure it out! The supplier LLC has entered into a supply agreement with the buyer LLC. The buyer has delayed 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?
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 "tied" 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 is charged for late delivery, taking into account the conditions that are stipulated in the agreement between the parties. Sometimes the 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 for the recovery of debt under the supply agreement is also drawn up. This is true in cases where the parties cannot resolve the problem without going to court.
Our lawyers know The answer to your question
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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 transferred personally, with the help of Email 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 the key points in the agreement is the indication of the quality parameters of the goods. AT 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 court of Arbitration, which is located at the place of residence of the defendant. 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 compiled 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 documents mentioned above, statement of claim you can attach a petition for the application of security measures or the retrieval of evidence base. 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 for these issues, but also for solving a number of other tasks - 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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