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Preparation of a claim for non-fulfillment of the terms of the contract

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PREMIUM 48.38
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 18.04.2024

I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.

In order to prepare a claim for breach of contract, you will usually need some information and structure. Preparing a claim to the debtor, here are some steps you can take:
Identify the actual breach: Clearly identify which terms of the contract have not been met. Indicate the specific clauses of the contract that have been violated.
Collect evidence: By collecting all necessary documents, correspondence, e-mails, photographs or any other evidence that proves the fact that the terms of the contract have not been fulfilled.
Formulate a claim: Create a document that clearly states your claims. It must contain a detailed description of the breach of the terms of the contract, the dates of their occurrence and any damages you have suffered as a result of this breach.
Specify requirements: Specify what you expect from the other party to settle the matter. This can be the correction of defects, compensation for damages or other measures specified in the contract.
Specify a response time: Set a realistic time for the other party to respond. This will allow you to secure your rights without unnecessary delays.
Prepare documents for mailing: Once the claim is prepared, make copies of all necessary documents and prepare them for mailing.
Send the claim: Send the claim to the other party by registered mail or another delivery method that provides proof of delivery.
Monitoring and Response: After submitting a claim, monitor for a response. If you get a response, evaluate it and act accordingly.

     Preparation of the claim to the debtor, when preparing the claim it is important to include all the necessary information and details to ensure its effectiveness and legality. Here's more about what's included in a claim:
Full name and postal details of claimant and claimant: This includes the full legal or physical name, address and contact details of the parties.
Date of submission and number of the claim: The exact date of filing the claim and the unique number of the document for identification are indicated.
Circumstances on the basis of which the claim is presented: Describes the essence of the situation or specific violations that prompt the submission of a claim.
Evidence supporting these circumstances: This includes any documentation, testimony or other evidence that supports the stated circumstances.
Requirements with reference to normative acts: Specify specific requirements or legal norms on the basis of which claims are made.
Amount of the claim and its calculation: If the claim concerns financial issues, the amount of the claim and the method of its calculation are indicated.
Payment details of the claimant: The details for making possible payments or compensations are indicated.
List of documents attached to the claim: If there are additional documents confirming the requirements or circumstances of the claim, they are indicated in the list of attachments.
     Following these requirements will help ensure the clarity, legality and effectiveness of your claim.

     Business legal support includes a wide range of services aimed at ensuring the legality and effective functioning of the company, in particular, verification of the counterparty, contract preparation, contract preparation and other business services.

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