Applications for the recovery of reimbursable services. Application for collection of debt under a contract for the provision of services

The collection of funds under the service agreement takes place on the basis of the clauses of the current agreement. The service agreement is the main document regulating the relationship between the client and the contractor, and in practice there are cases when one of the parties does not fulfill its obligations in full.

What is the responsibility for services under the contract? Violation of the conditions can be initiated by both the customer and the contractor: in the first case, it is usually about non-payment of funds, in the second, there may be delays, poor quality of work, and other problems. In this case, the injured party draws up a statement of claim for the recovery of debt under a service agreement in order to recover it in court.

What funds can be recovered under a service agreement

An experienced lawyer will inform you in advance exactly what amounts will be recovered from the defendant. Based on this, a petition will be developed. Such amounts include:

• full amount of compensation (all funds that the client paid under the agreement with the contractor);
• a penalty calculated according to a special formula that takes into account the value of the contract, the delay period and other factors;
• compensation for the moral suffering caused by the situation (they will have to be documented);
• a fine of up to fifty percent of the total amount of claims (assigned for refusal to voluntarily resolve the situation).

The calculations of each amount of money must be given in the same application, supported by evidence (receipts for payment for services, receipts, etc.). When calculating the penalty, it is necessary to take into account its maximum possible amount established by law. All calculations are given here, in the descriptive part of the application, or in a separate application, which must be attached to the application.

What documents are required to collect money

The list of documentation that will be required to consider and satisfy the claim is indicated in the provisions of the Arbitration Procedure Code. It includes the following papers:

1. Copies of the application to be sent to the other participants in the proceedings (confirmation of such sending is presented in court).
2. Receipt or original of the payment order, where there is a mark of the bank representative on making the payment (in some cases, a deferral or installment plan is provided, it must be declared in advance if the amount of the state duty, assigned based on the price of the application, is too high).
3. If you have grounds for postponing the payment of the state fee, they must be documented.
4. A power of attorney when you go to court through a representative (it is drawn up in accordance with the law).
5. Confirmation of compliance with the claim procedure and other pre-trial measures, if they are provided for by law or contract.
6. Other papers, depending on the specific proceedings (check with a lawyer for a list).

After the list of documentation, the date of application and the signature of the plaintiff must be put.

Rules for filling out the form

The parties to the obligation must fulfill it properly in accordance with the terms of the obligation (Article 309 of the Civil Code of the Russian Federation), and unilateral refusal to fulfill the obligation, as well as changing its conditions, is not allowed, unless otherwise provided by the contract (Article 310 of the Civil Code RF).

For the use of other people's funds due to delay in their payment, interest on the amount of these funds is payable (Article 395 of the Civil Code of the Russian Federation).

Since the recoverable amount of the principal debt was not paid by the defendant in a timely manner, the fact and periods of delay in payment for the services rendered during the disputed period are confirmed by the evidence presented in the case file. .2010 using the interest rate of the Central Bank of the Russian Federation of 7.75% per annum, for the use of other people's funds:

The delay is a calendar day, i.e. in the period from 11.12.2009 to 11.02.2011

The amount of interest payable per year is:

Interest calculation:

The amount of debt is 9994 rubles. 4 kop.

Overdue period from 12/11/2009 to 02/11/2011: 421 (days)

Refinancing rate: 7.75%

Interest total for the period 905 rubles. 78 kop. (= (9994.04)*421*7.75/36000)

I BEG:

1. Collect from Vostok LLC in favor of AvtosanPlus LLC the amount of the resulting debt in the amount under the Paid Services Agreement No. 33-SV dated 26.02.2009. in the amount of 10,899 (ten thousand eight hundred ninety-nine) rubles. 82 kopecks, of which the amount of the principal debt is - 9,994 (nine thousand nine hundred ninety-four) rubles. 04 kop., the amount of interest - 905 rubles. 78 kop.

2. To collect from Vostok LLC in favor of AvtosanPlus LLC the costs of paying the state fee in the amount of 2,000 rubles. 00 kop.

Application:

1. Evidence that the defendant LLC "Vostok" sent a statement of claim with attachments;
2. A copy of payment order No. 286 on payment of the state fee for the consideration of a claim in the Arbitration Court of the Perm Territory against the defendant Vostok LLC.
3. Copies of acceptance certificates for work performed under contract No. 33-SV dated February 26, 2009 for the period from November to December 2009, in January 2010, and also in January 2011.
4. A copy of the Contract for the Provision of Services for Compensation No. 33-SV dated February 26, 2009;
5. A copy of Appendix No. 1 to the Agreement (Minutes of the transaction approval dated February 26, 2009);
6. A copy of the Charter of AvtosanPlus LLC
7. A copy of the Certificate of assignment of the TIN of AvtosanPlus LLC;
8. A copy of the Certificate of assignment of the OGRN to AvtosanPlus LLC;
9. Power of attorney representative Smirnova D.N.

Representative by proxy _____________________ Smirnova D.N.

Sample, example 2: Statement of claim for the recovery of the cost of work under a service agreement

Development of a plan for the liquidation of the tank farm of the storage of flammable liquids by August 29, 2012.

In accordance with the Service Agreement No. 378 dated March 20, 2012, the plaintiff (customer) fully fulfilled its obligations and provided the necessary package of technical documentation in accordance with the written request of the contractor, and also made 100% prepayment within the terms stipulated by the contract. The plaintiff notified the defendant (executor) of the fulfillment of obligations, provided payment order No. 456 dated April 19, 2012. in the amount of 783,000 rubles.

In turn, the defendant (executor), as of today, November 10, 2012, has not fulfilled any of the obligations given to him. On the 5th of July 2012 and September 8, 2012 a request (a registered letter with a notification) was sent to Geopromtekhnologiya LLC with a request to provide explanations about the reason for the delay and non-fulfillment of the terms of the contract, to which the defendant did not answer.

Based on the above, guided by art. 702, 709 of the Civil Code of the Russian Federation, Art. 27, 106, 110, 125, 126 of the Arbitration Procedure Code of the Russian Federation,

I BEG:

1. To collect from the defendant the cost of paid, but not performed work under the service agreement in the amount of 783,000 rubles.

2. According to the agreement, clause 9.2, for each day of delay, a penalty is charged in the amount of 0.3% of the amount of payment for the service provided:

Penalties are calculated using the formula: P = (D * 0.3% * T) / 100, where

P - the amount of the penalty;

D - the amount of the principal debt without VAT;

0.3 - the amount of the penalty established by the contract for each day of delay;

T - time delay of days;

P \u003d (783000 * 0.3% * 41) / 100,

The penalty amount is 96340 rubles

3. Expenses for state duty in the amount of Article 333.21 of the Tax Code of the Russian Federation 20586 rubles.

4. Court costs to lay on the defendant

Applications:

1. Certified copy of contract No. 378 dated March 20, 2012
2. Certified copy of the Request for technical documentation
3. A receipt for receiving a package of technical documents with a detailed list.
4. Certified copies of the estimate for the work.
5. A certified copy of a registered letter and an acknowledgment of receipt signed by the recipient (respondent).
6. A certified copy of the payment order No. 456 dated April 19, 2012, with confirmation of the transfer of funds
7. A document confirming the payment of state duty.
8. A document confirming the sending of a copy of the statement of claim to the defendant.
9. Calculation of the cost of the claim.
10. Power of Attorney No. 12 confirming the right to sign the statement of claim.
11. A certified copy of the certificate of state registration as a legal entity.

Representative

plaintiff by proxy №12 from 10.03.2012g Usmanov E.G.

Compiler

Anisimova Natalya Sergeevna

Moiseev A.N.

Specialist in economics and law

For legal advice

If a citizen orders legal assistance from a private firm, a service agreement is drawn up between them, which clearly indicates the work performed, the cost of each of them, penalties and additional information.

If a lawsuit is filed by a legal company against a private person (for example, in case of non-payment), the text should contain data on the work performed, the current cost of the services provided, and information about the legality of the company's activities is additionally required.

What laws to follow

Nuances of drafting, filing and consideration of such claims are regulated by several legislative and regulatory acts, including the following:

• Decree of the Supreme Court of the Russian Federation No. 29 "On the application of civil procedural legislation" dated 11.12.12.
• Article No. 395 of the Civil Code of the Russian Federation.
• Federal Law No. 143 "On acts of civil status" dated 11/15/97.
• Federal Law No. 230 "On the protection of the rights and interests of individuals" dated 07/03/16.
• A number of regional regulations that control the work of Russian courts.

Debt collection is carried out on the basis of the texts of these documents on a compulsory basis for both individuals and legal entities.

Sample statement of claim for the recovery of debt under a service agreement:

• non-fulfillment by the party of the obligations specified in the contract;
• delay, delay in the provision of services, delivery of products;
• low quality of work performed;
• low-skilled specialists are involved in the provision of services, while the contract provides for the work of more competent professionals;
• unmotivated increase in the amount of payment that occurred through no fault of the plaintiff (for example, an increase in the cost of the service itself);
• causing material damage in the course of work;
• other reasons that are a violation of any clauses of the concluded agreement.

The injured party has the right to demand the following:

• fulfillment of obligations under the concluded contract;
• recognition of a unilateral change in the conditions prescribed in the document as unacceptable;
• payment of funds due to the injured party under the contract;
• collection of interest for the use of other people's finances during the entire period of delay (forfeit).

The specific list of requirements depends on which party violated the contract and the type of violation. The claim is filed with the arbitration court.

Additional documents

According to Article 126 of the Arbitration Code, a number of additional papers must be attached to the application.

These include the following documents:

• papers that confirm the fact of sending by mail with notification of photocopies of this claim and additional documents to all parties involved in the conflict;
• papers confirming that the plaintiff paid the state fee for the consideration of the claim;
• documents that serve as confirmation of the violation of the rights of the plaintiff and non-compliance by the defendant with the obligations specified in the text of the contract;
• photocopies of the certificate of state registration, if the plaintiff is a legal entity;
• a notarized power of attorney or other documents that confirm the right to sign the application (relevant if the claim is filed by a representative, and not the plaintiff himself);
• other papers that may be required by the arbitration court to clarify the circumstances of a particular case.

If the customer refuses to pay for the services rendered, the company must go to court to restore its rights, observing the rules for filing a claim and the rules for filing an application.

Features of claiming a debt through the court

The litigation process includes the following steps:

1. Preparation of a pre-trial claim, an attempt to resolve the conflict peacefully.
2. The collection of documents and the preparation of a claim, which lists all the circumstances, names the violations of the defendants of specific clauses of the contract and indicates the amount to be recovered by force.
3. Payment of state duty. This can be done at any bank, including through a terminal or using online services. For a plaintiff who is a legal entity, the amount of the fee will be 4,000 rubles, and for an individual - 200 rubles. In the future, the plaintiff has the right to recover legal costs from the defendant, but their amount cannot exceed 60 thousand rubles. After paying the state fee, the receipt is attached to the set of documents and submitted to the arbitration court along with the claim.
4. At the appointed time, the court considers the application, after which it issues a verdict. In the case of a compensatory transaction, the defendant is given a certain time to appeal the decision.
5. In the case of re-consideration and confirmation of the decision or in the absence of a requirement to appeal the verdict, the next stage includes debt collection with the help of bailiffs or a writ of execution (the second option involves self-collection of funds).

In any case, an attempt must first be made to pre-trial settlement of the conflict: this will save time and costs for legal costs. In many cases, if the customer has temporary financial difficulties, it is possible to reach a compromise and achieve a phased payment for services. Only after that it is necessary to collect papers for the court.

The following documents may serve as an attachment to the claim:

• the text of the agreement with signatures and seals;
• additional agreements with the client;
• acceptance certificates confirming that the customer has received the service in full;
• examination certificates that confirm the proper quality of work;
• reconciliation documents.

All papers must be endorsed by both parties, they must have the seals of the relevant organizations. Certified photocopies are provided for judicial consideration, original papers can be requested separately, for example, for expert verification. If it is impossible to claim a debt under a writ of execution, the plaintiff has the right to seek the help of bailiffs.

ARBITRATION COURT OF THE KRASNOYARSK REGION

IN THE NAME OF THE RUSSIAN FEDERATION

SOLUTION

Case No. А33-1914/2016

Krasnoyarsk

The Arbitration Court of the Krasnoyarsk Territory composed of Judge E.V. Kurbatova, having considered at the court session the case on the claim of the Kofr Limited Liability Company (TIN 2465138284, OGRN 1162468050392), Krasnoyarsk,

to limited liability company TK "Sibir Region" (TIN 2465259240, OGRN 1112468053301), Krasnoyarsk,

collection of debts and interest,

for reimbursement of court costs,

when participating in this case as a third party who does not declare independent claims regarding the subject of the dispute: Limited Liability Company "Transport Technologies", Krasnoyarsk,

in presence at the hearing:

from the defendant: Eshtokina A.G., representative by power of attorney dated 06/01/2015 No. 8,

when maintaining the minutes of the court session by the secretary Toropova L.V.,

installed:

limited liability company "Kofr" (hereinafter referred to as the plaintiff) filed a lawsuit with the Arbitration Court of the Krasnoyarsk Territory against the limited liability company TK Siberia Region (hereinafter referred to as the defendant) for the recovery of 503,815 rubles. debt under the contract for the provision of transport services dated November 26, 2014 No. 26-11 / 2014, 41,242 rubles. 90 kop. interest for the use of other people's funds for the period from 01/26/2015 to 01/31/2016, as well as 10,000 rubles. court costs for the services of a representative.

The claim has been accepted for trial. By the ruling dated 04.02.2016, proceedings were initiated on the case, to participate in the case as a third party, not declaring independent claims regarding the subject of the dispute, the limited liability company "Transport Technologies" - the executor under the contract for the provision of transport services dated 11.26.2014 No. 26- 11/2014.

By the ruling dated 03/10/2016, the trial in the case was adjourned to 04/05/2016.

The plaintiff and a third party duly notified of the place and time of the court session by sending copies of the ruling dated 03/10/2016 to the indicated persons at addresses known to the court, by publishing the text of the ruling dated 03/10/2016 in the Arbitration Case File Index www.kad.arbitr.ru, in court session did not appear. In accordance with the article of the Arbitration Procedure Code of the Russian Federation, the hearing was held in the absence of representatives of the plaintiff and a third party.

From the plaintiff to the case file electronically through the My Arbitr system, objections to the review were received, which are attached to the case file in accordance with the article of the Arbitration Procedure Code of the Russian Federation.

The representative of the defendant at the hearing did not recognize the claims, supported the statement stated in the response to the claim that the plaintiff had missed the limitation period for the claims.

In a written objection to the response of the respondent, the plaintiff stated the following:

The reduced limitation period can only be applied to legal relations for which, by virtue of an article of the Civil Code of the Russian Federation, the presence of a consignor, consignee and carrier, as well as transport documents confirming the fact of acceptance for transportation, namely, a consignment note, is characteristic. The consignment note must be filled out when drawing up a contract for the carriage of goods by road and serves to confirm the costs of transportation;

The contract dated 26.11.2014 No. 26-11/2014 concluded between the defendant and a third party is a contract for the provision of services for a fee, since the document confirming the volume of services rendered is an act on the provision of services, on the basis of this document, payment for services is made. The waybill is a document that serves to record and control the operation of the vehicle, the driver, by itself cannot serve as a basis for attributing the above agreement to a contract of carriage. Thus, the requirement from the contract for the provision of transport services dated November 26, 2014 No. 26-11 / 2014 is subject to the general limitation period - 3 years;

Notification of the assignment of the right to claim dated 01/26/2016 No. 6 was sent to the defendant on 01/29/2016, arrived at the place of delivery on 01/31/2016, the plaintiff filed a claim with the arbitration court on 02/02/2016.

From the third party, the materials of the case received a response to the claim, from which it follows that the third party supports the claims made by the plaintiff.

During the consideration of this case, the following circumstances of importance for the consideration of the dispute were established.

Between the limited liability company TC "Siberia Region" (customer) and the limited liability company "Transport Technologies" (executor) concluded a contract for the provision of transport services dated November 26, 2014 No. 26-11 / 2014.

Under the terms of this agreement, the contractor undertakes to provide the customer with services for the transportation of bulk materials of the customer - crushed stone, rock, sand, sandy loam, loam (hereinafter referred to as the cargo) at the facility (hereinafter referred to as the facility) "Kuyumba-Taishet Main Oil Pipeline - PS-2", and the customer undertakes to accept the services rendered and pay for them in accordance with the terms of this agreement (clause 1.1 of the agreement).

In accordance with clause 1.2 of the agreement, the length of each specific route, as well as the current rates, the algorithm for determining the cost of services rendered and the type of cargo transported (from those listed in subparagraph 1.1 of this agreement) are indicated in additional agreements or in an appendix to this agreement.

By virtue of clause 1.3 of the contract, transportation services are provided by vehicles (hereinafter referred to as equipment), the brand, model and technical characteristics of which are indicated in Appendix No. 1 to the contract.

The period for the provision of services under this agreement is from the date of signing this agreement to 12/31/2014 (clause 1.4 of the agreement).

According to clause 3.3 of the contract, payments for transportation are made for each calendar month of the operation of the contractor's vehicles. In accordance with clause 2.1.7 of the contract, at the end of each calendar month, the customer and the contractor, within 3 (three) working days, reconcile the volumes (weight) of the transported cargo. The customer signs the certificate of completion within 3 (three) business days from the date of its approval. Payment for services is made by the customer before the 25th day of the month following the reporting one, on the basis of the act of services rendered signed by the parties and the invoice and invoice issued by the carrier, drawn up in accordance with the requirements of the Tax Code of the Russian Federation.

It follows from paragraph 5.1 of the agreement that all disputes and disagreements that have arisen between the parties from this agreement or in connection with it are subject to resolution through negotiations, and in case of failure to reach an agreement on controversial issues, the disputed issues are subject to consideration in the Arbitration Court of the Krasnoyarsk Territory in accordance with the current legislation of the Russian Federation.

By virtue of clause 5.2 of the contract, the claim procedure for resolving disputes is mandatory. The term for responding to a claim is 20 calendar days, after which, in the absence of motivated objections, it is considered accepted and subject to satisfaction.

Clause 6.1 of the agreement provides that this agreement comes into force from the date of its signing by both parties and is valid until 12/31/2014, and if by the time the agreement expires, the parties have unfulfilled obligations under the agreement, then until the parties fully fulfill their obligations.

In the supplementary agreement dated November 26, 2014 No. 1 to the contract for the provision of transport services dated November 26, 2014 No. 26-11/2014, the counterparties agreed on the following:

Price for transportation of 1 cubic meter. cargo at a distance of up to 4.5 km. at the object of transportation specified in clause 1.1 of the agreement is 55 rubles, including 18% VAT. The specified price is calculated with the inclusion of all operating costs of the Contractor (including the cost of fuel and lubricants, as well as meals and accommodation for the Contractor's employees at the service provision facility). Payment for the work performed is made in accordance with section 3 of this agreement;

The mass of the transported cargo is determined on the basis of control weighing on truck scales. The volume of transported cargo is indicated in waybills and is determined by dividing the mass of the cargo by its density, determined in the laboratory and indicated in the relevant laboratory conclusion. The total cost of the contractor's services per month is determined by multiplying the total volume of cargo transported per month in cubic meters by the rate.

An act of the Federal State Unitary Enterprise "Construction and Installation Department" dated 12/10/2014 is submitted to the case file, which confirms the loading of a Mercedes truck, g / n V711MU of soil in the amount of 21 cubic meters.

In fulfillment of the obligations assumed under the contract dated 26.11.2014 No. 26-11/2014, the contractor provided the customer with motor transport services in the amount of 683,815 rubles, about which the counterparties signed a universal transfer document dated 23.12.2014 No. 25, as well as a register of acceptance - transfer of waybills No. 1 for the period from 11/28/2014 to 12/23/2014 for the specified amount.

These documents were signed by the customer without objection in terms of the volume and quality of services rendered.

To pay for the services provided for the transportation of goods under the contract dated November 26, 2014 No. 26-11 / 2014, the contractor issued an invoice to the customer for payment dated December 23, 2014 No. 6 in the amount of 683,815 rubles.

Claim No. 5 dated 06.04.2015, the contractor applied to the customer with a request to pay the debt before 04.20.2015 under the contract No. 26-11/2014 dated 11.26.2014 for payment for the services rendered and accepted for the transportation of goods in the amount of 683,815 rubles.

The obligation to pay for the services rendered by the customer was partially fulfilled - in the total amount of 180,000 rubles. payment orders dated April 9, 2015 No. 94 in the amount of 50,000 rubles;

The cost of services unpaid by the customer amounted to 503,815 rubles.

On January 22, 2016, a limited liability company "Kofr" (assignee) and a limited liability company "Transport Technologies" (assignor) concluded an agreement on the assignment of rights (claims).

Under the terms of this agreement, the assignor assigns, and the assignee accepts the right (claim) under the contract for the provision of transport services dated November 26, 2014 No. 26-11 / 2014 with the limited liability company TC "Siberia Region" (hereinafter referred to as the debtor) (paragraph 1.1 of the agreement).

It follows from paragraph 1.2 of the assignment agreement that the scope of rights (claims) transferred under this agreement: the main debt for cargo transportation services for the period from 11/28/2014 to 12/23/2014 at the Kuyumba-Taishet oil pipeline - PS-2 » in the amount of 503,815 rubles, as well as the right to collect interest for violation of the terms of payment for services.

The right of the assignor passes to the assignee at the time of the conclusion of this agreement to the extent and on the conditions that existed at the time of transfer of the right under the contract for the provision of transport services dated November 26, 2014 No. 26-11 / 2014 (clause 1.3 of the contract).

On January 29, 2016, Transport Technologies LLC sent a letter dated January 26, 2016 No. 6 to the limited liability company Siberia Region TC, in which it notified the debtor of the assignment of the creditor's rights under the contract for the provision of transport services dated November 26, 2014 No. 26 -11/2014 in the amount of 503,815 rubles. the principal debt, as well as the right to collect interest for violation of the terms of payment for services to the limited liability company "Kofr".

Referring to the defendant's improper fulfillment of contractual obligations to pay for the services provided for the transportation of goods, the assignment of the right to claim debt for payment for these services by a third party to Kofr Limited Liability Company, the plaintiff filed this claim with the arbitration court.

After examining the evidence presented, evaluating the arguments of the persons participating in the case, the arbitration court came to the following conclusions.

Litigation on:

Judicial practice on the application of the norms of Art. 200, 202, 204, 205 of the Civil Code of the Russian Federation

A service agreement is a specific agreement that reflects the rights and obligations of the parties, as well as the features of relations arising from the activities of the contractor to meet the needs of the user of the service. Parties to such an agreement can be both legal entities and individuals.

Often in this area there are numerous disputes related to the definition of the quality of work performed. To avoid various illegal situations, it is necessary to ensure the availability of evidence to resolve disputed cases.

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Features of litigation under a service agreement are determined not only by legislative and regulatory acts. Also, the experience and competence of the employees of the arbitration institution in such situations have a significant impact on the course of the case.

Main provisions

Debt collection under a service agreement, like any procedure, has a certain procedure, features and conditions. Such activities are regulated by the Civil Code of the Russian Federation, in particular, Chapter 39. Disagreements on the agreement may arise as a result of some misunderstanding of the very concept of paid services, since the code does not define it precisely enough.

For example, judicial practice establishes that agreements for the repair of a vehicle and housing stock are considered as paid services. But in fact, the court often characterizes them as a work contract or a mixed type agreement.

To protect yourself from such research, it is recommended to seek legal advice from a legal specialist.

At the conclusion of the contract, the parties undertake to comply with all its conditions. In particular, the contractor must provide quality services, and the customer is obliged to pay for his activities in a timely manner.

This type of agreement has some peculiarities. If they are not taken into account, then the document will not have legal force.

In this situation, much depends on the particular court, since their position can vary significantly. For example, some institutions tend to think that the defining conditions are the subject and the price, while others consider only the subject. To minimize the risk of trouble in the contract, both nuances should be noted.

It is also worth considering that it is necessary to indicate in the document the obligation of the customer to pay for the services provided. Otherwise, the court may recognize it as gratuitous, and the performer will not be able to receive the money.

In order to avoid the occurrence of inadequate situations, it is necessary to prescribe in the contract as accurately as possible all the possible conditions and features of the agreement, which will significantly minimize the risks in the future.

Related nuances

Legal aspects

The legislation of the Russian Federation makes it possible to ensure the protection of property interests in the event of certain violations in the concluded agreement. Initially, preference is given to solving the problem without the intervention of the relevant services. If this is not possible, then the next step is to consider the case by the judicial authorities.

With the help of a claim, you can ensure the resolution of a disputed situation on your own. This will reduce the duration of the proceedings, paperwork - as a result, the funds will be returned to the contractor in a short time. No exact sample of such a document is provided.

But the main parameters that must be indicated in the claim are defined:

• grounds for accepting obligations;
• violation by the participant of the agreement for payment for services;
• a claim for the return of a debt;
• possible consequences in case of refusal of voluntary cooperation.

If the claim was not satisfied, then the injured party has the right to appeal to the court.

The collection of debt under the contract in a judicial proceeding is determined by a number of points:

It is not always possible to recover funds. In this case, a debt forgiveness agreement is drawn up between legal entities.

Each individual debt collection procedure has its own nuances - this is determined by the characteristics of the participants and the course of the evidence process.

Features of the procedure

Features of drawing up a contract for the provision of services, the nuances of fulfilling the obligations of the agreement and the conditions for conducting litigation regarding violations - all this has a significant impact on the final decision of the court, therefore, it is necessary to carefully consider:

• the requirements that apply to the quality of services are determined by the established standards in the contract;
• when fulfilling the agreement, the contractor cannot provide a guarantee to the customer about the effectiveness of the result, since this is not included in his scope of obligations;
• the contract is considered concluded only when it reflects the specific actions of the contractor or indicates a certain activity;
• in the case of litigation, any materials may be used as evidence, during the consideration of which it is possible to determine the fact of fulfillment of the obligations of a party;
• any risk that the performance of the service agreement is not possible, belongs only to the customer;
• if the contractor has not provided the customer with timely information about certain circumstances that impede the achievement of the efficiency of the provision of services, then in the future he does not have the right to demand compensation based on this information;
• the limitation period for a case of poor performance of obligations is one year, and not three - in accordance with the general rules.

The study of such features is necessary to achieve a positive court decision in the event of a trial.

Arbitrage practice

When considering by the judicial authorities the situation on the recovery of compensation for the services rendered, the determining aspect is taken into account: the proportionality of the payment and the actual activities of the performer.

For a more complete understanding of such a procedure, consider as an example a claim for judicial practice:

• As plaintiff and defendant: Ivanova A.A. and Petrov B.B. An agreement was concluded between the participants in the case for the provision of legal services, according to which the plaintiff ensures the protection of the interests of the defendant during the trial. Payment - 10 thousand rubles and 10% of the amount of funds won in the process. The defendant did not comply with the latter condition.
• Petrov B.B. explained his refusal by the fact that Ivanova A.A. she did her job in bad faith - she attended the meeting only once. In addition, the defendant refused to file a response to the appeal. Therefore, the plaintiff did so on his own. It is also worth considering that at this time he had poor health due to the presence of lung cancer.
• The agreement reflects the main actions of Ivanova A.A., according to which she must protect the interests of her client at all stages of the judicial procedure. In this consideration, it is considered obvious that the defendant did not fulfill its obligations to the plaintiff. In addition, the payment of interest in case of winning the case is considered illegal, therefore invalidated.

When these circumstances of the case were revealed, the court decided that the payment for the work of the plaintiff in 10 thousand rubles was sufficient. As for the additional amount, it is unacceptable, so the claim was not satisfied.

Written confirmations

Any consideration of the case involves the mandatory provision of certain written or material evidence that allows you to establish the fact of the provision of services:

The presence of evidence determines the decision of the trial, therefore, in order to avoid unpleasant situations, adequate protection should be provided in advance in the event of a trial.

The possibility of collecting debts under a service agreement

The Civil Code of the Russian Federation defines the process of legal liability for violation of the obligations of the concluded agreement. In particular, Article 330 establishes the possibility of collecting a penalty - a certain monetary compensation.

In accordance with the law "On Protection of Consumer Rights", the amount of the penalty for non-fulfillment of the terms of the contract is 3% from the total cost of the work done. It should be understood that in fact the price of a claim depends on many features of the proceedings.

The amount of the penalty must be determined adequately, otherwise the court may reject the request for debt collection. For this reason, it is recommended to leave the calculation of the price of the claim to a professional lawyer.

In addition to applying to the judiciary, you can collect debts in other ways: through pre-trial voluntary settlement of a conflict situation, with the help of a special claim - it is drawn up by a specialist and acquires the status of an official document.

If there is a situation of violation of the obligations established by the service agreement, in order to achieve a positive result, you should seek help and advice from a qualified lawyer.

Controversial cases

It seems possible to recover compensation from the customer for violation of the terms of the contract only in a situation where the agreement reflects specific actions or certain activities that the contractor is obliged to implement, in other words, the subject of work.

If this category is not indicated in the document, and there is no actual evidence of the provision of services, then the performing party will not be able to recover the funds even in court. And although such a condition seems to be obvious, in practice this happens quite often - the parties to the agreement do not always provide a reflection of the type and volume of services provided.

Debt is a reason to worry about the possibility of the lender starting to collect debts. It is difficult to protect your rights on your own, but legal advice will help solve the problems that have arisen. Site experts will analyze the situation:

• compliance of facts with legal norms
• legitimacy of fines and penalties
• the legality of the seizure of property.

Consulting a debt collection lawyer will help the borrower in the following points:

1. Release of property from arrest
2. Reducing the amount of fines, penalties and other penalties
3. Drafting an agreement on revising the terms of repayment of credit debt
4. Determining the chances of recognition of the fact of bankruptcy
5. Preparation of a statement of claim and representation of interests in court
6. Collection of documentation for the adoption of bankruptcy status - in cases of insolvency of the debtor
7. Consideration of the possibility of presenting claims for termination of the loan agreement with the bank
8. Determining the term for collecting debts by court decision
9. Drawing up an agreement with the lender on debt restructuring.

1. Arrest of accounts and real estate

Unfulfilled obligations lead to the seizure of the debtor's property. This measure is used to fulfill the material requirements of creditors. After the seizure of the debtor's property has been carried out, this property can be treated as follows:

• hand over to the claimant
• sell during auction
• confiscate in favor of the state.

Code of Criminal Procedure of the Russian Federation of December 18, 2001 N 174-FZ (as amended on December 27, 2018) (as amended and supplemented, entered into force on January 8, 2019), Code of Criminal Procedure of the Russian Federation Art. 115. Seizure of property:

In order to ensure the execution of a sentence in terms of a civil claim, the recovery of a fine, other property penalties or possible confiscation of property specified in the first part of Article 104.1 of the Criminal Code of the Russian Federation, the investigator, with the consent of the head of the investigative body or the interrogating officer, with the consent of the prosecutor, file a petition with the court to seize the property of the suspect, the accused or persons who are legally liable for their actions.

In practice, to repay debts, they seize accounts, real estate, vehicles, jewelry and securities of a citizen who has not fulfilled his loan obligations.

When bank accounts are arrested, the debtor loses the opportunity to perform any operations with them. Solving the problem on your own in such a situation is difficult. Free consultations and legal support of the site specialists will help you understand the following:

• How is the arrest of funds on the account by bailiffs
• which government agency has such powers
• the possibility of restoring the right to dispose of their money
• options to prevent account seizure.

2. Confiscation and sale of seized property

The proven commission of an administrative, criminal offense implies the onset of responsibility and the application to a citizen who has violated the law of additional punishment in the form of deprivation of property.

Often, citizens who do not have experience in litigation are sure that the conclusion of an agreement prevents the occurrence of problems with the return of debts. But this position is not always justified. This is confirmed by the number of court hearings considering cases on the collection of debts from legal entities.

The collection of debts from legal entities in a pre-trial procedure is drawn up as follows:

1. It is considered effective to start closing the debt by drawing up an agreement and negotiating.
2. When the contract provides for a claim procedure, the lender may send a claim to the other party.

In cases where pre-trial settlement has not brought results, it is necessary to go to court. Legal support and expert assistance will help to achieve satisfaction of the claim and return the money.

5. How to collect a penalty

When one of the parties violates obligations, it pays the other the funds prescribed in the contract. The amount of finance paid can be represented as a percentage or a fixed amount. The penalty clause must be spelled out in the contract, otherwise you will not be able to receive this compensation. Such a condition, which is correctly formulated, encourages both parties to comply with the provisions of the contract.

Recovery of a penalty can take place in a pre-trial order or judicial. The assistance provided by the lawyers of the site is not limited to explaining the legality of certain actions. If necessary, experts help during the preparation of documents, statements of claim and filling out documentation at the request of the court.

Legal assistance of specialists helps to solve many issues related to the return and collection of debts. Experts promptly give free advice online, as well as consultations by phone. A quick response from a lawyer helps to avoid many problems and saves time.

Situations where one of the parties to the agreement refuses to pay for services rendered happen with frightening frequency. Despite the concluded agreement and the fulfillment by the plaintiff of his obligations, the agreed amount has not been credited to the current account. When this happens, you need to write a statement of claim for the recovery of debt under a service agreement, sending it to the court. Moreover, one should demand not only the amount of the debt, but also interest for using other people's money. However, you should first try to resolve the dispute out of court. Litigation is a last resort.

Before applying to the judicial authorities, it is necessary to establish exactly whether there are grounds for filing a claim. Such grounds include legal norms and factual circumstances that happened to you. The actual circumstances are, first of all:

• the presence of an agreement in writing on the provision of services for a fee with the other party to the proceedings;
• fulfillment by the plaintiff of all obligations stipulated by the agreement, observance of the terms and procedure for the performance of work;
• the act of completion of work sent to the defendant and an invoice for payment thereof;
• refusal to pay according to the contract or delay in payments made (in the second case, the amount is paid in equal installments within a certain time);
• when the defendant does not provide actual evidence of the deposit of funds into the plaintiff's account.

If such situations happened to you, in the statement of claim you can demand the proper fulfillment of obligations. According to the law, one of the parties is not entitled to change the terms of the agreement, which means that the need to pay for the services rendered remains.

What is the pre-trial procedure for conflict resolution?

Start by filing a claim directly with the other party to the contract. Describe the essence of the current situation, the period of delay, refer to the fulfillment of obligations under the contract on your part. Also, in the claim, it is necessary to indicate a specific date, before which the second party to the transaction must repay the debt by paying interest or a penalty, if this is provided for by the agreement. If the claim was refused, or it was not followed by the deadline set for a response, prepare a package of documentation and.

What are the features of preparing a petition?

Today, you can simply download a ready-made sample statement of claim for debt collection under a service agreement, editing it to fit your needs. However, it is better to engage in the development of a claim on your own, in the company of an experienced lawyer. He will take into account all the nuances of drafting the document, achieving its acceptance for consideration and making a positive decision on it. The claim must include the following information:

1. The name of the judicial authority to which the document is sent, as well as information about the plaintiff and defendant.
2. Claims against the defendant, references to legislation, calculations of the amount of debt and interest on it.
3. The cost of the claim and the circumstances that caused the appeal to the judicial authorities.
4. Documentary evidence of the existence of debt and the fulfillment by the plaintiff of his obligations under the agreement.
5. Information about the claim procedure for recovering a debt provided for by federal law or the agreement itself.

If any measures were taken to ensure the property interests of the plaintiff, they should also be reported in the petition. You also need to list the list of documents attached to the claim. A list of documents must be attached to the appeal to the judicial authorities:

• confirmation that you have sent copies of the application and the papers listed in this list to the other participants in the proceedings (they can be sent by registered mail);
• confirmation of payment of the state duty (receipt), the amount of which will depend on the value of the claims;
• confirmation of non-payment of the required amount by agreement between the parties or the presence of a delay;
• evidence of the plaintiff's fulfillment of its obligations under the contract, documents for a legal entity (if the plaintiff is an organization);
• if a representative () participates in the court session, a power of attorney must be attached;
• there are other relevant documents, attach them after making copies and having them certified by a notary.

The application must be sent to the branch located in the same city or district where the parties to the proceedings live. When drawing up a statement, it is important to understand the principle of its writing and presentation of information. An intelligent lawyer will do a great job with this task.

What information should be included in the application?

In the introductory part of the statement of claim for the recovery of debt under a service agreement, the name, address, number of the court district to which the petition is sent should be indicated. The following is information about the plaintiff and the defendant, including the name of the organization or full name, addresses, contact numbers and other information. The cost and name of the claim are indicated next. After that, you can proceed to the presentation of the essence of the appeal:

• with which person or company the service agreement was concluded (state the date of its signing);
• what kind of work had to be performed in accordance with the provisions of the contract, as well as in what time frame they should be performed;
• inform the rules prescribed by the agreement and the procedure for payment for the services provided, including the amount of payments or a lump sum;
• what papers can confirm the fact of agreement on the subject of the transaction (various applications, protocols, other documents);
• if the services were provided for a long time (systematic garbage collection, delivery of things), indicate the amount of payments and their frequency;
• how money should be transferred from the second party to the agreement (to the account of the contractor, in cash or in other ways);
• how the acceptance of the results of the provision of services is formalized (usually an act of delivery and acceptance of work drawn up by the contractor is signed);
• confirm the sending of the act to the customer by registered mail with acknowledgment of receipt and his obligation to return the document within a specific period;
• provide evidence of the proper performance of services in full and the quality corresponding to the provisions of the transaction;
• if pre-trial attempts to resolve the dispute were made, report them, outlining the results of the appeal;
• if the defendant partially paid for the work of the plaintiff, this is also worth mentioning, referring to the calculations of the amount of the debt;
• you also need to provide the reason for the refusal to pay for services by the defendant (preferably recorded in writing during the pre-trial proceedings).

If there is other valuable information that can influence the resolution of the conflict, tell us about them. After that, you need to bring references to legislative norms, list documents and claims. The list of papers should be supplemented with a copy of the contract. The amount of the penalty and other penalties must be added to the requirements (previously accurately calculate each figure). At the end of the application, the signature of the plaintiff and the date of application are put.