First we need to understand that in general such a claim and why it exists.Claims is a document drawn up for settling disputes out of court.
There is no strict form of writing claims, you can easily create a document in any form.But if you are not confident in their knowledge, it is better to seek help from a specialist who can help create a literate document.In this case, you immediately marked the seriousness of their intentions and requirements.The claim must specify as much information about the problem: the details of both parties, the cause of the dispute and possible ways to eliminate, the amount of compensation required, the term of consideration of the claim.Need the most concisely describe the problem and to gather all the necessary supporting documents in the case (checks, contract and others.).Submitting a claim in several ways:
- personal representatives of the defendant;
- by means of postal services in the form of a registered letter;
- representative of the defendant when third parties (witnesses) are not interested in the case.Be sure to specify these witnesses, contacts and painting.
term of consideration of the claim depends on the cause of its filing.In general, based on article 314 of the Civil Code, can be indicated on the form desired, but reasonable deadlines.Unless otherwise agreed in writing before.But if it still goes to court, it is the courts will decide the issue of reasonable time and objectivity of their destination.Setting time for consideration of the claim, you should determine the approximate time during which your counterparty will be able to answer the necessary action (to address deficiencies, examine, and so on. D.) To your application.If the court decides that the deadline was appropriate and legitimate, then the defendant will have to pay a fine for each day of delay.At the same time, the debtor may, of course, eliminate the cause of a claim before the deadline.
often arise disputes the consumer.Term of consideration of the claim of the consumer depends on the specified method to eliminate its causes.If you wish to return the money, the term is usually no more than 10 days.If there is a possibility of replacing the goods to another corresponding to the specs, the term of consideration of the claim will be 7 days.When eliminate disadvantages production time, which is given to it, it is coordinated, but it can not be more than 45 days.
Consider a situation where you need to make a claim to the bank.Before using the products of those organizations (credit, deposits, etc.) You sign a contract, which must be specified period of consideration of the claim by the bank in the event of disputes.If the contract you did not find this item, it is also based on Article 314 of the Civil Code and independently select the "reasonable time".Usually it is enough not more than 10 working days.Sometimes the term of consideration of the claim you can inform employees of the bank in taking form.If you are satisfied with the time limit, you can specify it in the form of the claim.But be sure to mark it in writing.
