How to make a claim correctly. Time for consideration of the claim

To begin with, it is necessary to understand what a claim is in general and for what it exists. The claim is a document that is drawn up to resolve a disputed issue in a pre-trial order.

There is no strict form of writing a claim, you can easily draw up a document in an arbitrary form. But if you are not sure of your knowledge, it is better to seek help from a specialist who will help the competent to make a document. In this case, you immediately indicate the seriousness of your demands and intentions. In the claim it is necessary to indicate as much information as possible about the problem: the details of both parties, the cause of the dispute, possible ways to eliminate it, the amount of compensation required, the time for consideration of the claim. It is necessary to describe the essence of the problem as concisely as possible and also collect all the necessary additional documents on the case (checks, contract, etc.). You can submit a claim in several ways:

• Personally to the representative of the defendant;
• With the help of means of postal communication in the form of registered mail ;
• Representative of the defendant with third parties (witnesses) who are not interested in the case. It is mandatory to indicate these witnesses, contacts and their lists.

The time for consideration of the claim depends on the reason for filing the claim. In general, relying on Article 314 of the Civil Code of the Russian Federation, you can indicate in the form the desired, but reasonable time for execution. Unless otherwise agreed in writing earlier, of course. But if the case still comes to court, it is the courts that will decide on the reasonable timing and objectivity of their appointment. By setting the deadline for reviewing a claim, you must determine the approximate time for which your counterparty will be able to respond with the necessary action (eliminate deficiencies, conduct an examination, etc.) on your application. In the event that the court decides that the deadline was adequate and regular, the defendant will have to pay a fine for each day of delay. In this case, the debtor can, of course, eliminate the cause of the claim earlier than the established deadline.

Most often, disputes arise between the consumer. The time period for consideration of a consumer's claim depends on the method for eliminating the cause of its occurrence. If you wish to return the money, the time limit is usually not more than 10 days. If there is a possibility of replacing the goods with another one, which corresponds to the declared characteristics, the period for consideration of the claim will be 7 days. In the event that the shortcomings of the products are eliminated, the time allocated for this is agreed upon, but it can not be more than 45 days.

Consider the situation when you need to make a claim to the bank. Before using the products of such organizations (credit, deposits, etc.) you sign a contract in which the period for considering the claim by the bank should be indicated in the event of disputes. If in the contract you did not find such an item, then rely on Article 314 of the Civil Code of the Russian Federation and indicate "reasonable term" on your own. Usually it is enough not more than 10 working days. Sometimes the period for considering the claim can be reported to you by the bank's employees upon acceptance of the form. If you are satisfied with this term, you can specify it on the claim form. But be sure to write it in writing.