Claim for debt collection under a supply agreement

Cost of claim in arbitration proceedings

The price or amount of a claim in an arbitration court is the monetary expression of the property claim asserted by the plaintiff.
The amount of the state duty is calculated from its value. This is described in more detail in the article at the link: Amount of state duty to court for a statement of claim. For non-property claims (for example, on recognition of property rights, exclusion of property from the inventory, clause 25 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation “On the application of legislation...” dated July 11, 2014 No. 46), the state duty is paid in a fixed amount, the price of the claim cannot be determined. Some non-property claims may have a monetary value (for example, compensation for moral damage), but they are not included in the price of the claim for calculating the state duty.

Important! The price of the claim is determined by the plaintiff, and if it is indicated incorrectly, by the arbitration court (Clause 2, Part 1, Article 333.22 of the Tax Code of the Russian Federation, hereinafter referred to as the Tax Code of the Russian Federation).

In paragraphs 5, 6 hours 2 tbsp. 125 of the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation) contains a requirement to indicate in the statement of claim both the full amount of the claim and its calculation. However, in complex cases, if the cost of the claim consists not of one amount (for example, the amount of debt), but of several, the calculation is presented in the form of a separate additional document. In practice, this is not considered a violation of procedural rules. A calculation of the amount of the claim may also be submitted during the arbitration process if the amount of the claim changes.

STATEMENT OF CLAIM for debt collection, penalties under a supply agreement

“25” February 20__ between MUP “V.” and LLC "E." a Supply Agreement was concluded (hereinafter referred to as the “Agreement”). According to the terms of the Agreement, LLC "E." (Plaintiff) undertook to supply MUP “V.” (Defendant) goods according to specifications, and the Buyer, in turn, pays for the specified goods.

The Plaintiff fulfilled its obligations under the Agreement in full. According to clause 3.1. Agreement, the delivery period for goods is 49 days from the date of signing the agreement (Specification dated 02/28/20__), i.e. until 04/18/20__ However, already on 04/17/20__ the goods, according to the specifications, were transferred to the Defendant. This fact is confirmed by the consignment note signed by the parties dated April 17, 2020. No claims regarding the quality or quantity of the goods were received either at the time of acceptance of the goods or subsequently from the Defendant. According to clause 3.5. The Goods are considered delivered and the Supplier has fulfilled its delivery obligations from the moment the Parties sign the shipping documents.

According to clause 7.1. the cost of the Agreement was 734,054 rubles. 40 kopecks P. 7.2. The Agreement (conditions and procedure for payment for the Goods) determines the deferment of payment within thirty-one days from the date of receipt of the Goods at the Buyer’s warehouse. Thus, given that the delivery was completed on April 17, 20__, the Defendant’s payment obligations occurred on May 18, 20__. However, the Respondent has not yet fulfilled its payment obligations under the Agreement.

The Defendant has repeatedly admitted that he has unfulfilled obligations to the Plaintiff. So, in response to a claim for violation of payment deadlines ref. from 05.27.20__ The defendant provided a Letter of Guarantee dated 06/12/20__, in which he undertook to pay the debt by 06/20/20__. Further, in a letter dated 06/25/20__, the Defendant also admitted the existence of a debt, but indicated that he was forced to make payments under the agreement through third-party companies and repay the debt by 07/31/20__. In addition, 07/01/20__ The parties signed a Reconciliation Certificate for mutual settlements, confirming the existence of the debt. 07/02/20__ The parties signed an Additional Agreement on installment payment under the Agreement, according to which the Defendant undertook to fulfill its obligations by 07/31/20__.

As part of pre-trial negotiations, MUP "V." partially repaid the debt in the amount of 20__41.51 rubles. The funds were received under a payment order in the amount of RUB 38,241.51. and payment order dated July 24, 20__ in the amount of 20__00 rub. At the present time, the amount of the Defendant's debt is 595,812.89 (Five hundred ninety-five) rubles. 89 kopecks

According to clause 9.3 of the Agreement, as well as clause 4 of the Agreement on installment payment under the Contract dated 02.25.20__, for violation of payment terms, the Supplier has the right to demand payment of a penalty in the amount of 0.01% of the amount owed for each day of delay starting from 05.23.20__ As of November 20, 20__, the amount of the penalty is = 595812.89 * 0.01% * 182 (days) = 20__3.79 rubles.

According to paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 13, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 dated 10/08/20__ (as amended on 12/04/20__) “On the practice of applying the provisions of the Civil Code of the Russian Federation on interest for the use of other people’s funds” In monetary obligations, arising from contracts, in particular, providing for the obligation of the debtor to pay for goods, works or services or to pay funds received under the terms of return, interest is subject to accrual on the overdue amount on the basis of Article 395 of the Code.

The law or agreement of the parties may provide for the obligation of the debtor to pay a penalty (penalty) in case of delay in fulfilling a monetary obligation. In such cases, the court should proceed from the fact that the creditor has the right to make a claim to apply one of these measures, without proving the fact and amount of losses incurred by him in case of failure to fulfill a monetary obligation, unless otherwise expressly provided by law or contract.

Thus, the Plaintiff believes it is necessary to recover interest from the Defendant for the use of other people’s funds on the basis of Art. 395 of the Civil Code of the Russian Federation. As of November 20, 20__, the interest rate is = (595812.89) * 182 (days) * 8.25/36000 = 20__0 rubles. 36 kopecks

According to Articles 309, 310 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with customs or other usually imposed requirements. Unilateral refusal to fulfill an obligation and unilateral change of its terms are not allowed, except in cases provided for by law.

In preparation for the trial, the Plaintiff incurred expenses for the services of a representative under the Legal Assistance Agreement in the amount of 100,000 rubles, payment of the state fee when filing a statement of claim in the amount of 18,083.35 rubles.

Claims were repeatedly sent to the Defendant (out. dated 05/27/20__ and out. dated 10/14/20__) regarding the need to repay the debt. However, to date the funds have not been paid.

According to clause 6 of the Installment Payment Agreement dated 07/02/20__. If a mutually acceptable solution is not reached, the Parties may refer the disputed issue for resolution to the Moscow Arbitration Court, which determines in this case the jurisdiction of the case to the Moscow Arbitration Court.

Based on the above, guided by Art. Art. 309, 310 of the Civil Code of the Russian Federation, as well as Art. 37, 110, 125 – 126, 127, 167 Arbitration Procedure Code of the Russian Federation,

What is included in the price of the claim, contents of the calculation

The price of the claim includes the amount of the principal debt (debt arising from a contractual or non-contractual obligation), as well as a penalty (clause 2, part 1, article 333.22 of the Tax Code of the Russian Federation).

Legal expenses - concept and types, collection procedure Read more

Legal expenses (state fees, payment for the services of a representative, experts, translator, etc.) are not included in the price of the claim. To recover them from the losing party, it is necessary to submit supporting documents.

The calculation is drawn up in any form, but must allow the court to establish:

1. What amounts constitute the price of the claim, indicating the basis from which the right to collection arises (agreements, invoices, provisions of the contract on penalties, provisions of regulations, etc.).
2. Direct calculation of each amount with justification of the calculation method used and the period. For example:
   penalty for each calendar day of debt or for each working day - with reference to the relevant clause of the agreement;
3. interest rate - according to a regulatory act or clause of the agreement;
4. the beginning of the period is the moment of expiration of the period for payment, the end of the period is the moment of payment or filing a claim, etc.
5. The final calculation on the basis of which the price of the claim specified in the statement of claim is determined.

Note! The court is obliged to check the calculation of the claim for each parameter, otherwise the decision may be canceled. For example, in one of the cases, the court did not properly check the diameter of the pipe used to calculate the volume of water consumption, which led to the cancellation of the decision (Resolution of the AS DO dated March 22, 2016 No. F03-674/16 in case No. A51-7927/2015).

An example of a calculation can be found at the link: Sample calculation of the cost of a claim in an arbitration court.

When independently calculating the price of a claim, you will also be helped by the ready-made solution ConsultantPlus “How to determine the price of a claim when applying to an arbitration court.” If you do not yet have access to the ConsultantPlus system, you can sign up for a free trial access for 2 days.

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The price of the claim is ________ rub. (_________________________________ rubles) ___ kopecks.

“___” _________202__ between _______________________ (as the Seller) and _______________________ (as the Buyer) a purchase and sale agreement No. _____ (hereinafter referred to as the Agreement) was concluded. According to the specified Agreement (clause___), settlements between the parties are made in the form of deferred payment for ___ calendar days from the date of actual transfer of the goods. In this case, in accordance with clause ___ of the Agreement, the date of transfer of the goods is considered to be the date of its delivery and acceptance specified in the invoice documents or the Goods Delivery and Acceptance Certificate.

The consignment note No. _______ dated “____”_____________ 202___, attached to this statement of claim, signed by authorized representatives of both parties, indicates that the Seller’s obligations to transfer goods for a total cost of ________ rub. (________________________________) ____ kop. into the Buyer's ownership are duly completed by him. It follows that the payment deadline came “____”_____ 202___.

In accordance with clause ___ of the Agreement, in case of violation of payment terms, the Buyer becomes liable in the amount of ___% of the cost of the transferred goods, for each calendar day from the moment of actual transfer of the goods until the moment of full payment. The moment of proper payment for the goods, clause ____ of the contract determines the moment of receipt of the full cost of the transferred goods to the Seller’s bank account.

Due to the fact that the parties provided in the Agreement a mandatory claim procedure for resolving arising disagreements and disputes, “___” ____________ 202__ The Seller sent by mail and handed over to the Buyer a claim (pre-arbitration notice) with a request to pay the amount of the principal debt in the amount of ____________ rubles. (__________________________ rubles) ____ kop. within 7 days from the date of receipt of the claim. The Seller also notified the Buyer of his intention to otherwise resort to judicial protection of his rights and interests protected by law.

_____________________________ the debt was recognized, as evidenced by the mutual offset act (reconciliation act) signed by the parties No. ______ dated “____”_____________ 202___, according to which the debt ________________________to ________________________ is ____________ rubles. (__________________________ rubles) ____ kop. However, as of the date of writing this statement of claim, the specified debt has not been repaid.

Based on the above and guided by Article 46 of the Constitution of the Russian Federation, Art. 4 Arbitration Procedure Code of the Russian Federation, art. Article 11, 330, 395, 488 of the Civil Code of the Russian Federation, we ask you to recover from the defendant:

1. the amount of the principal debt in the amount of ____________ rub. (____________________ rubles) ____ kop.
2. provided for in the contract in the amount of ____________ rubles. (____ rubles) ____ kopecks. (see paragraph ___ of the attached Calculation of the amount of the claim).
3. legal penalty on the basis of Art. 395 of the Civil Code of the Russian Federation in the amount of the discount rate of bank interest on the day the claim was filed (see paragraph ___ of the attached Calculation of the amount of the claim) in the amount of ____________ rubles. (_______ rubles) ____ kop.

Total: amount ____________ rub. (__________________________ rubles) ____ kopecks, as well as:

1. reimbursement of expenses for payment of state duty ________ rub. (________________ ruble) ___ kop.
2. reimbursement of legal costs in the amount of ________ rub. (_________________ ruble) ___ kopecks.

Minimum and maximum amounts of a claim for consideration under simplified proceedings

For consideration of a claim by an arbitration court in a simplified procedure, there is no minimum limit on the amount of monetary claims presented. The maximum size is (Article 227 of the Arbitration Procedure Code of the Russian Federation):

• 800,000 rubles, if the defendant is a legal entity;
• 400,000 rubles, if the defendant is an individual entrepreneur.

Important! The price of a claim that includes several claims (principal debt, penalty, etc.) is determined by the sum of all claims. The corresponding explanation is given in paragraph 5 of the resolution of the Plenum of the RF Armed Forces “On some issues...” dated April 18, 2017 No. 10.

To determine the possibility of consideration under a simplified procedure, the court takes into account the amount of the claim minus the amount of debt recognized by the defendant (clause 9 of Resolution No. 10).

How to submit a claim calculation to the court

Article 131 of the Code of Civil Procedure of the Russian Federation establishes a provision according to which the calculation of claims can be performed in the text of the statement of claim itself. We believe that this approach is justified if the calculation consists of one simple and understandable arithmetic operation and follows from the logic of the statement of claim itself (for example, you just need to add several amounts to obtain the final result). In other cases, it is better to do the calculation separately so as not to clutter up the statement of claim.

The defendant, who does not agree with the plaintiff’s calculation, may provide his own calculation of the amount of money, using this sample, to substantiate the objections to the claim.

Please note that the calculation must contain the heading “Calculation”. The calculation must include the date of its preparation and the signature of the person who compiled it (the plaintiff, his representative, the defendant or another person participating in the case).

As an example, we will give the calculation of the amount to be recovered under a loan agreement. Based on it, you can make any other calculation.

Difficulties in calculations

In practice, situations sometimes arise when, when submitting a petition to the court, it is difficult to calculate the entire volume of the stated claims due to objective circumstances. The procedure for resolving existing complications in this case is regulated by paragraphs. 9 clause 1 art. 333.20 Tax Code.

The algorithm of actions if it is impossible to preliminarily determine disputed claims is as follows:

1. The judge sets the initial fee.
2. The applicant pays this initial fee.
3. When the final decision on the case is made, the payment collected from the defendant is fixed and the corresponding court fee is calculated.
4. The plaintiff pays the difference within the time limits established by law.

SAMPLES OF CLAIMS TO COURT

Our website contains sample statements of claim in a variety of areas.

Examples:

Statement of claim for recovery of unjust enrichment

Statement of claim to determine the order of communication with children

Statement of claim for debt collection

Statement of claim for divorce

Statement of claim for eviction

Statement of claim for debt collection and penalties under the supply agreement

Statement of claim for the allocation of the marital share from the inheritance estate

Statement of claim for debt collection under a contract

Statement of claim for recovery of funds for the maintenance of a grandson (granddaughter)

Statement of claim to establish paternity and collect alimony

Administrative claim against the Federal Bailiff Service

Statement of claim for division of common property of spouses

Order a statement of claim to the court

We at the Legal Guarantee Law Office have drawn up more than 10,000 statements of claim in court, and therefore we know: a well-drafted statement of claim is 70% of your success. And, sometimes, even 90%.

Changes in the value of claims

Current legislation allows the plaintiff, after filing an appeal, to clarify the claims made. Requirements can be adjusted upward or downward. In this case, a corresponding petition is submitted to the court.

An increase in the size of the stated claims entails an additional payment of the state fee, and a decrease means that the applicant will be refunded the overpaid funds.

Application form for the return of overpaid funds

The grounds for adjusting the subject of the dispute are often errors in calculations or partial voluntary fulfillment of obligations by the debtor at the stage of judicial review.