Extrajudicial and pre-court dispute settlement procedures

Any claim is an extremely important legal document that allows solving disputes with partners and counterparties without going to court and saving money significantly. But a letter of claim should be drawn up legally correctly and submitted in due time.

In the process of preparing such document the lawyer uses the extracts from:

• the contract entered into between counterparties;
• business correspondence that has a legal force;
• different legislative acts;
• acceptance certificates, delivery notes and other documents.

The main goal of a letter of claim is to persuade the partner of our client to fulfill his obligations. This will enable to avoid a conflict and save money on legal costs.

Lodging of a claim is compulsory in the situations when it is stipulated by the law or the contract. Only by having done so is it possible to take a legal action. If a complaint procedure is not provided for in the contract, it is not necessary to lodge a claim to other party.

There is no specific form for a claim. It can be prepared in any form but should include the following information:

• the matter of claims;
• the amount of claim in money terms;
• time period for consideration of a claim and responding to it;
• references to the relevant standards and laws.

The copies of documents proving the claim should be attached to it.

At the stage of pre-court procedure the parties of a legal matter (a contract) have a chance not only to exchange the formally-prepared claims but also to reveal some weighty arguments (evidence) that will allow the counterparty to assess the situation and to close the case through out-of-court settlement without incurring additional legal costs.

It is worth paying attention to the procedure of sending the claim and its receipt by the counterparty. Following the adoption of the provision on legal communication to the Civil Code (article 161, the Civil Code), it is necessary to prove that you have sent the letter to your counterparty and that it was a claim, not any other document.

The lawyer not only analyzes the mechanism of solving the dispute, but also, if necessary, examines the possibility of initiating an enforcement proceeding. With the help of a client it is necessary to find out the property status of counterparty.

If the counterparty has not reacted to the claim, it can still be the evidence in the court.