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Publication date: 20.05.2024
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Making a claim by a lawyer
A claim is a written document in which one party (the claimant) expresses its claims against the other party (the defendant) regarding the violation of contractual or other obligations.
Drawing up a claim is an important stage in solving legal issues.
If you need legal help with this, here's a general description of how it can happen:
The main stages of making a claim
1. Consultation: Talk to a lawyer to start the claim process. Discuss your problems, provide all necessary information and documents related to your situation.
2. Analysis of the situation: the lawyer will conduct a detailed analysis of your situation, determine your rights and possible ways to solve the problem. Collection of evidence of breach of obligations (letters, electronic correspondence, acts of completed works, invoices, receipts, etc.).
3. Drafting a claim: a lawyer will prepare a claim that will outline your claims, arguments and supporting documents. The claim must be clear, concise and factual.
4. Sending the claim: after your approval, the lawyer will send the claim to the addressee. It is important that it has been delivered properly and has proof of this (eg a delivery report).
5. Interaction with the party: after sending the claim, the lawyer can negotiate with the other party in order to reach a resolution of the situation without trial.
6.Preparing for court: If an out-of-court settlement is not possible, your lawyer can prepare you for the court process and provide you with legal support during the trial.
Compilation of the text of the claim
Introduction:
1. Names of the parties (applicant and defendant).
2. Date and place of filing the claim.
3. Details of the contract or other transaction on the basis of which the claim arose.
Descriptive part:
1. Description of the circumstances of the case: when and under what conditions the contract was concluded, what obligations were assumed by the parties, what violations of obligations occurred.
2. Reference to the legislation and terms of the contract that were violated.
Motivational part:
1. Justification of the legal grounds of the claim.
2. Description of specific requirements to the defendant: elimination of violations, payment of debt, compensation for losses, etc.
Resolution part:
1. Clearly formulated requirements for the defendant.
2. Setting a deadline for fulfilling the requirements (usually 10-30 days).
3. Warning about the possibility of going to court in case of non-fulfilment of the requirements.
Signing and sending the claim:
1. The claim is signed by an authorized person (director, representative by proxy).
2. Sending the claim by registered letter with delivery notice or by courier with a signature of receipt.
Try to resolve the dispute through negotiation, as this can be faster and cheaper than going to court.
Do not forget that the effectiveness and success of your claim will greatly depend on the quality of preparation and conduct of the legal process, so it is important to contact experienced and competent lawyers. Drawing up and submitting a claim is an effective way to protect your rights and interests in contractual relations.
