Claim for recovery of debt under a service contract. Sample statement of claim for the recovery of debt for services (work) rendered

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.

In [name of arbitral tribunal]

Plaintiff: [F. I. O. / name of the plaintiff]
[address of his location]

Respondent: [F. I. O. / name]
[address of his location]

Statement of claim
on the collection of debt under a contract for the provision of services

[Date, month, year] between [full name of the plaintiff] and [full name of the defendant] an agreement was concluded for the provision of services for [specify the subject of the agreement] N [value]. According to the specified agreement, the Claimant, as a contractor, assumed obligations to [fill in the right one], and the Respondent, as a customer, undertook to pay the cost of the services rendered under this agreement.

According to clause [meaning] of the service agreement, settlements between the parties are made in the following order: [fill in the necessary, for example, payment for services rendered must be made by the customer monthly within 5 banking days after signing the certificate of completion based on the invoice issued].

According to the certificate of services rendered dated [date, month, year], the Plaintiff rendered services to the Respondent in the amount of [amount in figures and words] rubles, and the Respondent accepted the rendered services.

The relevant invoices were issued to the customer for payment.

In violation of Art. 781 of the Civil Code of the Russian Federation, the services rendered by the Respondent were not paid.

In accordance with clause [meaning] of the service agreement, in the event of a delay in paying the cost of services, the customer pays the contractor [specify the type of penalty] in the amount of [value]% of the amount of the debt for each day of delay. On the day of filing the claim, the delay in payment is [value] days. Thus, the amount [indicate the type of sanction] is [amount in figures and words] RUB.

Due to the fact that the customer improperly fulfilled its obligations, the amount of the Respondent's debt under the service agreement on the date of filing the claim is [amount in figures and words] RUB.

Based on the above, guided by art. 781 of the Civil Code of the Russian Federation, please:

1. Collect from the Respondent in favor of the Plaintiff the amount of debt under the service agreement N [value] dated [date, month, year] in the amount of [amount in figures and words] RUB.

2. Collect from the Respondent in favor of the Claimant [specify the type of sanction] under the contract for the provision of services N [value] from [date, month, year] in the amount of [amount in figures and words] RUB.

Applications:

1. Notice of delivery of a copy of the statement of claim to the defendant.

2. A document confirming the payment of the state fee.

3. A copy of the service agreement.

4. Copies of invoices.

5. Calculation of debt.

6. A copy of the certificate of state registration as a legal entity.

7. Power of attorney or other documents confirming the authority to sign the statement of claim.

[signature of the plaintiff's representative]

[day month Year]

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.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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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.

The recovery of funds under a previously concluded service agreement is a legal measure that makes it possible (often the only one) in the legal field to achieve a return of money for the services provided, indicated in the transaction. A distinctive feature of this type of such an agreement is that the client does not buy the result, but a certain action.

In this regard, the customer assumes the obligation to pay for the services received by the contractor upon their completion. The current legislation of the Russian Federation regulates the procedure and methods for collecting penalties under a concluded service agreement, which makes it possible for the contractor to return the funds.

It is not uncommon for cases when there are problems with the return of funds for the services provided. This procedure is complex and requires a professional approach - nothing can be done without the involvement of a group of highly qualified specialists. This is due to the need to have deep specialized knowledge and experience (theoretical and practical) in this area.

What should be done when returning a debt under a service agreement

There are a number of documents, the presence of which will really contribute to the collection of funds by the customer. Among such materials, the following documents should be noted:

• the contract for the provision of services and its annexes are a key argument in favor of the contractor (in the absence of a written agreement, it is also possible to win the court);
• financial receipt (invoice) for payment for the services provided (the ability to accurately determine the amount of funds that can be recovered from the customer);
• the act of delivery and acceptance of the services rendered and the act of reconciliation of mutual settlements - the fact of cooperation between the contractor and the customer, confirmed by a number of important documents;

There are also a number of other equally important and legally effective documents (confirming the fact of the provision of services - electronic correspondence, photo report, etc.), which together will become an essential moment in making a positive decision by the court.

The first and most important thing that needs to be done to start a trial is the preparation of a claim, which makes it possible to minimize the time and red tape for collecting funds unpaid to the contractor. The formation of such a document does not have outlined rules and standards, however, the following information must be indicated here:

• written contract or actual action;
• non-compliance with obligations under the contract for payment for the received service;
• requirements for obtaining financial resources for the work performed;
• the fact of the customer's refusal to voluntarily repay the debt.

What affects the result when repaying debt under a service agreement

The presence of an appropriate agreement is one of the key points that makes it possible to talk about the high probability of collecting financial debt from the customer. This is due to the fact that the following information is indicated in the document:

• the subject of the contract is the service provided by the contractor (what exactly was performed for the customer);
• payment - the amount, the agreed terms of payment, as well as the form and procedure for payment;
• term of the transaction - the date of its signing and the end of its legal force, intermediate terms;
• the responsibility of the parties in case of non-compliance with the provisions prescribed in the contract;
• conditions under which the transaction can be terminated (failure to fulfill any obligations assumed by one of the parties).

The clause of the conditions regarding payment has a number of such features

Payment period. If the document does not contain information on how and when payment will be made, then the contractor has the right to demand the return of funds from the customer at any time. The customer is obliged to repay the debt within 7 days from the date of the request.

Inability to perform services through no fault of the contractor. In this case, the customer is obliged to pay at the prices that are set for similar work. Problems arose through the fault of the customer - the entire amount agreed in the contract must be paid.

After the injured party receives a negative response to the request for the voluntary fulfillment of financial obligations, it is possible to exercise their legal right to file an appropriate claim with the court - the arbitration court. The absence of a written agreement does not become a reason for refusing such a decision.

Peculiarities of collection of funds if a written contract for the provision of services has not been drawn up

For services rendered without an appropriate contract is a more difficult undertaking, since the current regulatory legal acts establish some consequences of the absence of a written contract. However, the likelihood of winning this case in court is still present.

First of all, it is necessary to prove that the provision of services was actual. For this it is used:

• Acceptance certificates. All feasible activities that should have been paid are supported by a signature on paper (act).
• Photos and/or videos. If, in the process of providing services, the performer filmed or photographed his actions, then the judicial authority will accept this information as evidence. It should also be noted that the provision of such information must be carried out carefully - when fixing prohibited objects or objects, the responsible judicial authority will not take this evidence into account.
• Expert opinions. If the result of the work performed is confirmed by an examination, then this, of course, will become direct evidence of the fact of the work performed and their cost.

At the same time, it should be noted that the collection of funds without concluding a written agreement is an individual process, which takes into account certain circumstances. That is why it is quite difficult to assess the chances of obtaining a positive result in this case. Therefore, a detailed, scrupulous and integrated approach to solving this problem is required here. Only professional lawyers know the specifics of the procedure for claiming funds for services received.

The main stages of the activities of the employees of the legal company "Liquidator" in the collection of debt under a service agreement

Consultation. At this stage, familiarization, detailing and clarification of the current circumstances at the current time is carried out. This makes it possible to assess the situation as accurately as possible and find out the preliminary chances of winning.

Study of available documents and additional information. The analysis of materials helps to develop and build the most effective strategy for conducting further actions to obtain the most positive result.

Drawing up a statement of claim and sending it to the judicial structure, which will consider it. Formation of a high-quality claim, most accurately clarifying the essence of the problem that has arisen for a more complete understanding of it by the representatives of the court.

Representing the interests of the plaintiff in the relevant state body. Conducting the case during the entire judicial process, the purpose of which is to achieve the set goals and objectives.

How our approach differs from others. Before representing the interests of the client in the courtroom, we do a thorough job of preparing for the proceedings in the court. This process involves the study of existing documents, facts and evidence, the situation is studied in detail. Based on the information received, specialists develop a winning strategy of action - debt collection becomes a matter of time.

Obtaining a positive result is impossible without a professional and competently elaborated performance of a lawyer in court. Also, an important factor is the ability of the defense counsel to be eloquent, which will make it possible to convey the position of the plaintiff to the representatives of the court as accurately as possible. Our specialists have not only a deep knowledge of legal norms, but also the ability to correctly express their thoughts.

Control over the actions of bailiffs. After the completion of the trial, the court decision should be brought to its logical conclusion - the actual return of the debt under the service agreement. Thanks to this, the plaintiff receives funds from the defendant much faster.

Why do they turn to the company "Liquidator" for the return of debts under service agreements

A staff of qualified professionals who specialize in this particular area. Highly specialized lawyers are thoroughly aware of the details and nuances of the legislation. This contributes to a multiple increase in the chances of achieving the desired result.

Affordable prices for the entire range of services offered. The process of forming the cost of services is transparent - each item of financial costs is specified in the contract, which makes it possible for the client to clearly understand what he pays. In the legal services market, not many companies follow this principle of work - the client saves a significant amount of financial resources.

Getting results in the shortest possible time. We have all the necessary tools, as well as a staff of certified specialists, which together makes it possible to carry out the required procedures as quickly as possible. - a clearly drawn up plan of action, the availability of an evidence base, etc.

We have been working in the legal services market for quite a long time, during which we were able to create a close-knit team consisting exclusively of professionals in their field. Significant theoretical and practical experience has also been accumulated in the field of collecting financial debts under a service agreement. Thanks to this, we offer high-quality and effective legal services in practice.

All changes in the legislative framework are clearly and scrupulously studied, thanks to which we are aware of all the innovations - one of the guarantees for achieving our goals. For a detailed consultation, please contact us using any method convenient for you. Our experts will give competent and comprehensive answers - consultation will help determine what actions and how to take in the future. The assessment of the possibility of winning a lawsuit will be determined as accurately as possible in each case (subject to certain individual circumstances).