Services

Appeal to the economic court. Suit

Appeal to the economic court. We are preparing a claim. How to write and submit correctly

Consider this question with a simple example. Your company is a manufacturer of products that are supplied to the company Cactus. The products are manufactured and delivered in accordance with the terms of the contract, within the prescribed period, but Cactus has not transferred the funds, either within the term specified by the contract, or in general. Initially, it was said about low levels of sales, then about poor sales of goods. Then in the course went imaginary flaws in the documents. In a word, you fulfilled the contract, but the counterparty did not. How do judges like to call such a phenomenon at seminars where they lecture: “I don’t want to pay.”

What to do and how to collect debts? If you are not inclined to catch debtors with torches in doorways, and you want to act by legal means and in the legal field - you have a direct route to the economic court. Who has the right to appeal to the economic court? How to prepare and write a claim? These questions are well-founded by company managers.

Now we are together schematically in this deal. The claim is prepared and submitted to the economic court by the one whose rights have been violated, not recognized or disputed.

How to write a claim correctly?

The conditional claim can be divided into two parts: formal and semantic. In the first part of the claim you observe a number of formalities, without which the court will not consider it. In the second part of the claim, you state the factual circumstances and the essence of the question: what are your rights violated, how is this confirmed and what do you want from the court.

Let's start with the formalities. In the lawsuit you need to correctly specify:

  • • exact name of the economic court;
  • • The full name of the company Cactus, its location, including the zip code, EDRPOU code, numbers of communications, official email and email addresses, if known;
  • • the same with your company, other participants in the process. If they are;
  • • the price of the claim, if it is subject to a monetary assessment (in our case, this is the value of the unpaid goods). If, in addition to debt, you ask the court to impose sanctions for breach of contract - the price of the claim is the sum of all claims;
  • • reasonable calculation of amounts that are recovered or disputed (meaning a more difficult situation when the goods are delivered and will not pay in part, which is why it is necessary to transfer all deliveries and all payments, deducting the amount of unpaid debt at the end of the calculation). If, in addition to the amount of the debt, you demand to recover the amount of sanctions for breach of contract, the calculation of these sanctions must necessarily be attached to the claim;
  • • information on the adoption of measures for the pre-trial settlement of the dispute (if the pretrial complaint is required);
  • • information on taking measures to secure evidence or a claim before filing a claim (if this was the case);
  • • an approximate calculation of the amount of court costs that you have incurred and which are expected in connection with the consideration of the case in the economic court;
  • • confirmation of the plaintiff that he did not file another suit (s) against the same respondent (s) with the same subject and for the same reasons;
  • • list of documents and other evidence attached to the application.

Among the applications to the claim must be evidence:

  • • sending to the other participants in the case a copy of the statement of claim and the documents attached to it;
  • • payment of court fee in the prescribed manner and amount or documents confirming the grounds for exemption from paying this fee.

Let's turn to the semantic content of the claim. It can also be divided into two parts: the motivational and the resolutive. In the letter of reason, you state what your rights are violated and how this is confirmed. In the operative - indicate what exactly you are asking the court.

The statement of the motive part of the claim must begin with the legal basis of the claim, that is, with what rights are violated. In this case, your right to receive payment for the goods delivered has been violated, as part of the agreement with the defendant.

Next, you need to state the circumstances by which your company justifies its requirements. Here you must indicate the fact of the conclusion of the contract, as well as the fact of its execution by your party. Next, you need to pay special attention to the description of the fact of breach of contract by your counterparty. You put the goods, payment for it, for example, is carried out upon delivery. It is important here that the payment deadline and the moment from which the countdown of this term starts is clearly stated in the contract.

In practice, this condition is often stated as follows: "Payment for the goods delivered is made no later than five banking days from the date of signing the expenditure invoice." In this case, you indicate in the claim the date of signing the expenditure invoice, emphasizing that the sixth banking (or business) day after the date of its signing is the first day of delay in payment under the contract.

There are more difficult cases where the contract term is not clearly spelled out, or is generally lost due to a technical error. In this case, it would be correct to preliminarily write a letter to the company to the debtor demanding payment of the debt within seven days. The possibility of such your actions will be based on the provisions of the law (if the term is not set or determined by the moment of demand). Accordingly, you will refer to the delay in payment, starting from the eighth day, from the date the counterparty received your letter.

At the end of the reasoning part, you must list all the evidence supporting these circumstances.

In the operative - state the content of the claims, that is, the method of protecting rights or interests provided for by law or contract. Or simply, what you are asking the court.

In our case, you need to ask the court to collect debts for such and such a product, in the amount of such and such from the company Cactus.

Briefly and to the point, we’ve figured it all out together.

It remains to sign the claim and form a package of applications to it.

The claim is signed by the first person or representative. Be careful with representatives, because according to recent changes in legislation, a power of attorney cannot be issued to any person who will be considered by the court as a representative. Basically, the signatory of the claim is either the head or a member of the executive body of the company authorized to act on its behalf on the basis of the charter. Or it may be a lawyer.

Therefore, if the lawsuit is supposed to be signed not by the signature of the first person, first carefully study the law.

It remains to file a lawsuit with all the evidence to which you refer.

Do not forget about the evidence of payment of court fees and evidence of sending an opponent a copy of the statement of claim and its annexes.

They should be hemmed in front of the title page of the lawsuit, so that the court could see them first.

It is necessary to apply to the economic court for debt collection, but feel insecure in your abilities? Our lawyers will help you to write and file a claim in the right way, as well as provide support in court proceedings. You can also check out our prices

Come to the law firm ALIBI!


You will be interested:


Feedback form:

You did not enter a name
You did not enter any contacts
You did not enter any contacts
You did not enter a message

All fields must be filled in

Your message was successfully sent

In the near future the specialist of our company will contact you and answer the questions.

Thank you for contacting us!