Complaint for debt recovery
Complaint for debt recovery
Complaint procedure is an important and necessary point to protect the economic interests of the majority of companies. If a complaint is composed competently and key points are highlighted correctly, it lets avoid a judicial procedure. There were many cases in practice of our firm, when by virtue of reasonable demands a client was repaid without any judicial process.
Timely debt collecting is of the utmost importance for each company. Indebtedness means the increase of company's current assets, reduction of its financial solvency and correspondingly, it's activity effectiveness. A trial process can last several years, while complaint procedure takes 2-3 months.
Complaint for debt collection may be applied for all commutative contracts. More often, receivables arise when the goods are sold or the services are rendered on credit. If your partners are in debts in relation to your company, and they don't intend to return these debts, you must pay attention to the point, that the earlier you take active actions to collect debts, the easier you achieve success.
Debt collection has its own specific features, in particular there is no standard measures for successful debt collection, each case is exclusive and related to the unique circumstances (how the debt occurs, the specificity of creditor's personality and so on).
Note, sometimes you should keep obligatory order of pre-trial disputes settlement. In such a case it's impossible to avoid this procedure. The term for demands fulfillment lasts, as a rule, thirty days (but it may be not so much, if it is provided for by an agreement)
The complaint procedure of disputes settlement for debt collection is as follows. A creditor sends to a debtor a demand - complaint for debt collection in a fixed term. The debtor answers in written form on the received complaint or ignores it. Even if a complaint is ignored, it's considered that the pre-trial order is kept from the moment when the compliant is sent by a creditor.
Russian legislation does not specify the requirements to a complaint's content, but to be truth complaint it must correspond to certain rules of wording and contain the following information:
Applicant's demands in detail, the demands should be exactly expressed;
The sum of a complaint and reasonable calculation thereto, if a complaint is subject to money value;
Circumstances, on which a complaint is based and evidences confirmed thereof, with references to the applicable legislation;
A list of the documents and other evidences enclosed to a complaint;
Other information that is necessary to consider a complaint promptly and correctly, as well as for the objective dispute settlements.
A complaint may be delivered by hand against acknowledgement, or sent by post with notification of the delivery. This helps you to prove the fact of a complaint's deliver or receipt. Notarized copies of the documents confirmed the applicant's demands are enclosed to the complaint (evidentiary foundation).
The evidentiary foundation must contain the reconciliation reports, official correspondence duly executed in accordance with court's requirements, information about the company in compliance with extract from the registrar, extract from balance sheet, all primary documentation and other documents due to the merits of a case.
For correct formation of such evidentiary foundation you should apply for consultations to competent specialists, that are able and ready to assist you effectively and operatively, and release your company from extra material losses and waste of time. The specialists of our firm will be glad to assist you in debt collection promptly and effectively.
To obtain the information concerning our legal services, terms, fees, as well as to apply for the legal services you need please contact us: