The submitted statement of claim is aimed at collecting debt under the supply agreement.

In the theory of jurisprudence, it is believed that the statement of claim has two main elements: the subject and the basis of the claim.

The subject of any statement of claim is the violated right of the subject, in this case This is the right to receive from the debtor money for the supply of goods to him, as well as interest on the use of other people's in cash. Thus, the subject of the statement of claim is the requirement contained in it, what the statement of claim is aimed at (for example, the recovery of money under a supply contract).

The basis of the claim is the factual circumstances - legal facts, with the occurrence of which the emergence of a specific right of the subject is associated, in our case, this is the right to receive payment for the supply of goods, and evidence confirming such circumstances.

The actual circumstances of legal significance in our case include:

- the presence of a prisoner supply contracts,

- the fact of delivery of goods, confirmed by waybills, acceptance certificates or consignment notes,

- failure by the defendant to fulfill the obligation to pay for services within the established contract terms,

- rules of law (for example, articles of chapter 30 Civil Code Russia), which must be indicated in the statement of claim (in accordance with Article 125 of the Arbitration Procedure Code of Russia, the statement of claim contains not only the claims of the plaintiff, but also a reference to the law, which provides for such methods of protecting the right).

In addition to these main elements of the statement of claim, there must be other, provided for in Article 125 Arbitration Procedure Code of Russia. For example, it is mandatory to indicate in the statement of claim the name of the arbitration court where the claim is filed, the name of the plaintiff, debtor, their location addresses, the price of the claim, its calculation, information on compliance with the claim procedure, the list of attached documents.

Sample statement of claim for the recovery of debt under a supply agreement:

IN Arbitration court Ivanovo region

153022, Ivanovo, st. B. Khmelnitsky 59-bzx

Plaintiff: ________________________________

Respondent: _____________________________

Address: ________________________________

The price of the claim: 44,212 rubles 80 kopecks.

State. duty: 2000 rubles.

STATEMENT OF CLAIM

on debt collection

08/14/2015 Between __________________________ (hereinafter referred to as the Claimant) and _______________________ (hereinafter referred to as the Respondent) a supply agreement was concluded with a deferred payment No. 50 dated August 14, 2015, in accordance with which the Claimant undertook to transfer into the Respondent's ownership, and the Respondent to accept and pay for the goods: Redverg RD Vibrorail – SF1 in the amount of 1 pc. in the amount of 36,600 (thirty six thousand six hundred) rubles 00 kopecks (including VAT).

In order to fulfill this agreement, the Claimant delivered to the Respondent the goods provided for in the contract in the amount of 36,600 (thirty-six thousand six hundred) rubles 00 kopecks (including VAT), which is confirmed by waybill No. 171 dated 28.08.2015. and invoice - invoice No. 170 dated 28.08.2015.

The goods were accepted by the Respondent, as evidenced by the signing of the consignment note by him. The same fact testifies to the absence of claims by the Respondent regarding the quantity, assortment, price and condition of the goods.

In accordance with clause 3.14. of the agreement, acceptance of the goods by quality (except for hidden and manufacturing defects) is carried out by the Buyer within 14 (fourteen) calendar days from the date of its receipt. The absence within the specified period of the Claimant's statement of the Respondent about the supply of low-quality products indicates the absence of claims to the quality of the goods on the part of the Respondent.

Thus, the Claimant fulfilled its obligation to transfer the goods to the Respondent's property in full.

In accordance with clause 2.2. of the contract, the Respondent is obliged to make payment no later than two weeks from the date of receipt of the goods and the invoice of the Claimant.

The defendant did not fulfill the obligation to pay within the period stipulated by the contract.

The amount of the Respondent's debt to the Claimant under the agreement is 36,600 (thirty six thousand six hundred rubles) 00 kopecks (including VAT).

In accordance with Art. 309 of the Civil Code of the Russian Federation, obligations must be performed 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.

In accordance with Art. 310 with the Civil Code of the Russian Federation, a unilateral refusal to fulfill an obligation and a unilateral change in its terms are not allowed, except for cases statutory. Unilateral refusal to fulfill an obligation related to the fulfillment by its parties entrepreneurial activity, and a unilateral change in the terms of such an obligation are also allowed in cases provided for by the contract, unless otherwise follows from the law or the essence of the obligation.

In accordance with Article.Article. 454, 486 of the Civil Code Russian Federation the buyer is obliged to pay for the goods immediately before or after the seller transfers the goods to him, unless otherwise provided by law or the contract.

In paragraph 4.2. of the agreement, the parties have established that in case of late payment for the received goods, the Supplier has the right to demand in writing from the Buyer the payment of a penalty at the rate of 0.1% of the unpaid amount for each calendar day of delay in payment.

The penalty for the period from 09/12/2015 to 04/08/2015 is 7,612.80 (seven thousand six hundred twelve) rubles 80 (eighty) kopecks.

Calculation of the collected amount of money:
The delay from 09/14/2015 to 04/08/2016 amounted to 208 days.
36600 (principal amount) * 0.1% (fine amount) = 36.6 rubles (for one day of delay)
36.6 rubles * 208 (number of days of delay) \u003d 7,612.80 rubles.
In accordance with Article 12 of the Civil Code of the Russian Federation, one of the ways to protect the right is to award a duty in kind.

Based on the foregoing, and guided by Article.Article. 12, 309, 310, 330, 331, 394 of the Civil Code of the Russian Federation, art. 4, 125, 126, 106, 110 APC RF

1. To collect from the Respondent in favor of the Claimant the amount of the principal debt in the amount of 36,600 (thirty six thousand six hundred) rubles.
2. To recover from the Respondent in favor of the Claimant a penalty for failure to fulfill an obligation under the contract in the amount of 7,612 (seven thousand six hundred and twelve) rubles 80 (eighty) kopecks.
3. To recover from the Respondent in favor of the Claimant the costs of paying the state fee in the amount of 2,000 rubles (two thousand) rubles.
4. Collect from the Respondent in favor of the Claimant the costs of legal services in the amount of 5,000 (five thousand) rubles.

Applications:
1. Supply contract No. 50 dated 14.08.2015
2. Consignment note No. 171 dated 28.08.2015
3. Invoice No. 170 dated August 28, 2015.
4. Act of reconciliation of mutual settlements as of December 31, 2015.
5. A document confirming the sending to the Respondent of a copy of the statement of claim and the documents attached to it.
6. A document confirming the payment of the state. duties.
7. Document confirming payment legal services.
8. A document confirming the authority to sign the statement of claim.
9. Certificate of state registration Claimant.
10. Extracts from a single state register legal entities indicating information about the location of the Claimant and the Respondent, obtained from the official website of the Federal Tax Service of Russia.

____________/_________________________/

"____" _____________ 2016

The supply contract in the business environment is a very common document. It regulates the relationship between the customer and the counterparty-executor. Often there are disputes between the parties about the correctness of the execution of the terms of the agreement. It is necessary to take a responsible approach to the process of compiling such a document. This will help protect yourself from illegal actions of the counterparty and possible debt. Recovery is possible through the court, but for this it is important that the documents are drawn up correctly.

Statement of claim under a supply agreement for the recovery of debt

When drawing up a supply contract, Special attention, give it to the subject (product), as well as the timing of the fulfillment of obligations. This will protect the deal that is planned to be concluded from the possibility of indebtedness or incorrect fulfillment of the terms of the agreement. It is extremely important to indicate the qualitative and quantitative characteristics of the subject of the agreement. The price of the transaction, the cost of a unit of goods and how the calculation will be made: in rubles or foreign currency.

When carrying out repeated transactions, the contract specifies the basic principles and conditions for their completion. A specific description of the goods, terms and conditions of delivery are described in separate annexes to this agreement. Such relations are regulated by the Civil Code of the Russian Federation. Debt collection under this type of documents is within the jurisdiction of the arbitration court. According to the procedural legislation in force in 2018, before filing a claim under a supply contract, it is necessary to send a written claim for violation of the terms of the contract. It is sent to the second party for the purpose of pre-trial resolution of the dispute.

Sample statement of claim for the recovery of debt under a supply agreement to an arbitration court

In the event of a debt or violation of any clauses of the contract, it is possible to file a claim with the arbitration court. A sample statement of claim for the recovery of debt under a supply agreement can be viewed and downloaded

The claim must contain mandatory information about the circumstances of the case and the measures taken to eliminate them. So, the sample must include data on the documents that are the basis for filing a claim for the recovery of debt under the supply agreement and satisfaction of claims (the agreement that was violated). It is necessary to provide evidence of compliance with the claim procedure, as well as the powers of the plaintiff.

A sample claim for debt collection requires the attachment of the following documents:

• receipt of payment of the state duty for filing a claim;
• notice of receipt of the claim by the defendant.

All documents of a financial nature that appear in the case of debt collection must be presented to the court in the original. If the sample of the claim is drawn up correctly, the court will accept it for proceedings. Otherwise, may return for error correction. Lawsuits of this nature are usually lengthy. Also, the deadline for the execution of the arbitration decision on the return of the debt may be delayed. These factors must be taken into account when filing a claim.

Claim for payment of debt under a supply contract

Of particular note is the claim for the fulfillment of the terms of the contract. According to the law, a written demand for the payment of a debt is the first step in the collection process. Only after it can you file a claim for the payment of the debt under the supply agreement to the arbitration court. In the claim, you need to specify in as much detail as possible the list of your requirements, and on the basis of what clauses of the current supply agreement they are expected to be fulfilled. Here it is necessary to refer to the legislative provisions that were violated by the actions of the defendant's side. It is important to mention in this document that if a claim is filed in arbitration, in addition to the debt, the losing party will pay the incurred costs and penalties, penalties and state duties, which will significantly increase the amount of the final costs. As practice shows, filing a claim in writing forces the buyer or supplier to close the debt that has arisen. And filing an application with the court may not be required.

Counterclaim for recovery of debt under a supply agreement

The Arbitration Court of the Russian Federation gives the parties, the plaintiff and the defendant, the same rights to defend their interests. So, the debtor can choose one of the following lines of behavior as a disposition:

• acceptance of a claim for debt collection in whole or in part;
• submission of a counterclaim to the court.

Most common in judicial practice is the second option. The ability to file a counterclaim for the recovery of debt under a supply agreement is regulated by the Arbitration Procedure Code of the Russian Federation. The grounds for its adoption are contained in the one hundred and thirty-second article of the specified standard. According to legislative framework RF, a response application, regardless of its jurisdiction, is submitted to arbitration, which considers the initial claim for debt collection. This kind of statement is a separate document. The court must consider it even if the original claim for some reason is not accepted for proceedings, rejected due to incorrect execution, withdrawn by the plaintiff, etc. A sample of filling out a counter-application is drawn up according to the same rules and principles as the original claim, and must be accompanied by a written claim.

How is a sample claim for debt under a supply agreement drawn up?

A sample claim for debt collection is drawn up on the basis of the concluded agreement, with reference to its clauses and parts that were violated. The request must contain specific evidence of violations of legal regulations. When drawing up a sample claim, it is important to indicate the consequences of going to court for the losing party. The receipt of such a document by the debtor is proof of the applicant's firm intentions to defend his rights and interests, which may lead to the repayment of the debt that has arisen without going to court.

There is no supply agreement, how to collect the debt?

For a successful outcome of the court session, it is important that all the necessary materials are presented in the original. However, the plaintiff may not always have a signed contract under which the recovery is made. The absence of a supply agreement does not mean that a lawsuit cannot be filed in court. In this case, it is necessary to describe in as much detail as possible the circumstances of the incident and what agreements were violated in the statement of claim for the recovery of debt under the supply agreement. It is important to attach proof that you have fulfilled your part of the obligations. These may be a consignment note or a power of attorney to receive inventory items. The application must be accompanied by notifications of receipt of copies of the claim and a receipt of payment of the state duty.

Letter of repayment of debt under a supply agreement

Collection of funds in the absence of a supply contract is carried out according to the same algorithm as in the case of its existence. First of all, you need to follow the claim procedure. The claim requires the most detailed description of which parts of the legislative acts were violated, what evidence there is for this - a consignment note, powers of attorney, etc. - and what will be the consequences of going to court for the losing party.

Arbitration cases for the recovery of payment under a supply agreement are very common, in particular in the Moscow Arbitration Court, because metropolitan suppliers and buyers carry out a significant turnover of products and goods relative to the size of the country. Initially, leaders of organizations assume that this category disputes is quite simple and clear, unlike many others (providing services, building contract, agency, transport expedition, etc.). However, arbitration lawyers who specialize in this category of cases know that each specific case has a number of distinctive features, which, with a competent approach to the formation of a legal position in court, can be decisive in order to win even an initially hopeless dispute.

What is the supply contract itself, what are its essential terms, what disagreements arise between the parties and how are they resolved? How can the supplier prove that he delivered the goods of proper quality, and how can the buyer refute this circumstance? Consideration of arbitration disputes arising from relations for the supply of goods, in particular, the procedure for collecting payment in judicial order will be described in this article.

A supply contract is a type of contract of sale, under which the seller-supplier undertakes to transfer goods (products, materials, equipment) to the buyer-recipient for use within a specified period of time. for commercial purposes. At the same time, it does not matter whether the supplier is the manufacturer of the goods or purchases them. For the qualification of the contract, the acquisition by the buyer of the goods for its use for business purposes is of fundamental importance. If the parties to the transaction have not settled the terms for the delivery of consignments of goods, then it is delivered in equal consignments on a monthly basis, unless otherwise follows from the customs of business or the law. Initially, the obligation to deliver the goods to the buyer or the persons indicated by him lies with the seller. However, in the supply contract, the parties may provide for "selection of goods" - the receipt by the buyer at the place indicated by the seller or from the seller himself.

By analogy with other contractual relationships, the buyer of the goods has an obligation to fixed time check and perform other actions aimed at receiving the goods. Also, a limited period must be agreed upon for filing claims for the quality of the delivered goods (not under warranty). The Civil Code of the Russian Federation (Article 513) indicates that such verification and notification of the supplier of product defects must occur immediately. In the event of a justified non-acceptance of the actually received (transferred) goods, the buyer must ensure its responsible storage, the costs of which are borne by the seller, duly notified of these disagreements. If the buyer does not declare, in accordance with the law or the contract, to refuse to accept the goods actually received or does not accept the delivered goods within the period established by the contract or within a reasonable time, the supplier has the right to demand payment for the delivered goods in full.

The subject of proof when the supplier applies to the arbitration court with a statement of claim for the recovery of funds under the supply contract from the buyer is the fact that the latter received the goods. In the vast majority of cases, such evidence is the waybill (TN) and the consignment note (TTN), where the supplier and buyer's marks on the transfer of goods are affixed. In the absence of such, the arbitration lawyer must evaluate in aggregate all the available evidence in the case, taking into account the fact that in the arbitration court such evidence is documents, and not the testimony of witnesses. The basis of the requirements should be the contract and the main provisions of the Civil Code of the Russian Federation on obligations and the terms of the concluded contract. At recognition by the court of the supply contract as not concluded, By general rule, debt collection is carried out in accordance with the norms of the Civil Code of the Russian Federation on unjust enrichment (Article 1102).

Claims for the recovery of payment under the supply agreement are considered in the arbitration court according to the above rules, however, a number of disagreements that are directly unsettled by law arise, which I will discuss below.

During the execution of the contract, it happens that the supplier deviates from the volume, characteristics and configuration of the required goods provided for by the contract, specification, application and other document. The supplier is not entitled to charge the cost of goods delivered in excess of the volume provided by the parties, or goods that are not the subject of the contract.

If the buyer of the delivered goods specified in the supply contract does not pay for it, then the collection of payment - the cost of the goods is allowed with the actual recipient (beneficiary) under the transaction, who owns the goods. At the same time, the supply of goods to a third party in itself does not give the supplier the right to demand payment from the third party, and not from the buyer under the contract.

Buyer's refusal to accept goods of inadequate quality should be reflected in the relevant act, the sample of which should be established by the annex to the contract. In the absence of a sample, the act must contain indications of specific inconsistencies in the delivered products. If possible, all non-compliance with GOSTs and other standards and conditions should be reflected. As I stated above, it is the buyer's inalienable responsibility to properly ( by registered mail) notify the supplier of the defects in the goods. The same situation develops with the incompleteness of the delivered goods. Even, with the supply of all major parts stipulated by the agreement kit, and in the absence of minor individual components, goods are found to be defective. A penalty for late delivery of goods, depending on the terms of the concluded contract, in some cases may be charged until the moment of actual delivery and not be limited by the term of the contract.

The refusal of the supplier to eliminate within a reasonable time the defects of the delivered goods or to complete them may serve as a basis for the buyer to file a claim for the recovery of the difference overpaid another supplier for the supply of the goods provided for in the original contract. In case of violations of this nature, the buyer has the right to refuse to fulfill the concluded contract and terminate it, while recovering in court the cost of all paid goods.

Termination of the supply contract in court occurs according to the general rule provided for in Art. 450 of the Civil Code of the Russian Federation - in case of a significant violation of the terms of the contract by the other party.

The practice of working on arbitration cases arising from a supply contract shows that the number of contentious issues is much wider than I listed in the article. Therefore, to discuss the controversial issues that have arisen, please use the comment form below or contact me personally through the feedback form.

Read also:

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After the completion of the claim procedure for resolving the dispute between the parties to the supply agreement, most likely the supplier will be forced to turn to the court for help. We talked earlier about how to make a claim for debt collection under a supply agreement. Check out detailed instructions on this issue in ours. If you failed to obtain a debt from the buyer at the stage pre-trial settlement then only can help debt collection by law. In this article, we will try to give recommendations and step by step reflect the process of preparing required documents to a judicial authority in order to collect a debt.

To collect a debt through the court, you will need to draw up a statement of claim for the collection of debt under a supply agreement. When compiling this document the following regulations must be observed:

• APK RF;
• Civil Code of the Russian Federation;
• Federal Law No. 44-FZ dated April 5, 2013 On the contract system in the field of procurement (if your customer is a state or municipal enterprise).

You can find a file for downloading a sample statement of claim for the collection of debt under a supply agreement at the end of the article. But it is worth remembering that each case is individual, so simply copying data can lead to negative consequences. Next, we will try to tell you how to correctly indicate the information in the debt collection application based on your specific situation and where to look for information to file a claim.

Please note that there is a time limit for collecting debt through the courts. Read about deadlines limitation period in our .

Step 1. We determine the court where we will file a claim for the recovery of debt under the contract

Debt collection disputes between entrepreneurs and companies are considered in the arbitration court. Usually, a statement of claim for the recovery of debt under a supply agreement is filed with the arbitration court of the constituent entity of the Russian Federation, where the party to the agreement that has the debt, that is, the defendant, lives or has its location. But there are also exceptions.

The plaintiff may choose which court to apply to in the following cases:

• you do not know where the debtor lives or is located (a claim can be brought in the region where his property is located, or at his last known address);
• if there are several defendants, and they are located in different subjects of the Russian Federation, then you can choose a court at the location or residence of one of the debtors;
• if your debtor is abroad, then a statement of claim for debt collection can be submitted to the court at the location of the debtor's property in our country;
• if the contract reflects the place of its execution, then you can also apply to the arbitration court at the place of execution of the contract;
• if you worked with a branch of the company, which is located separately from it, then the claim can be filed with the court either at the location of the organization or at the location of the branch.

In addition, the parties, by their agreement, can choose which arbitration court will consider their dispute. Therefore, before preparing an application for debt collection under an agreement, it is advisable to look into this agreement. Perhaps there is a clause according to which the supplier and the buyer have agreed on which court will resolve conflict situations.

In addition, the parties to the agreement may agree that disputes will be considered not in an arbitration court, but in an arbitration court. To do this, the supplier and the buyer must enter into an arbitration agreement. But it is impossible to refer disputes that arise from agreements under 44-FZ to arbitration.

So, we have decided in which subject of the Russian Federation our dispute will be considered, for example, it will be the Arbitration Court of the Vladimir Region. Now you need to find information about the court itself. The required information can be found on the official website of the arbitration courts.

Go to the site and select the tab - Arbitration courts of the constituent entities of the Russian Federation.

Before us appears brief information about the court we have chosen, including a link to its official website. To collect debts in court and draw up, we need the name and address of the court, we will indicate them in the claim.

Step 2. Specify information about the plaintiff and defendant

Participants in the case must provide the following information:

- in relation to the plaintiff:

• telephone, e-mail address, fax (if any);
• additionally for an individual entrepreneur - the date and place of birth, as well as the date and place of registration as an individual entrepreneur.

- in relation to the defendant:

• full name of the company, full name for individual entrepreneurs;
• address of location or place of residence;
• telephone, e-mail address, fax (if any).

If the supplier has all these data regarding himself, then he may not always have up-to-date data regarding his counterparty. Necessary information can be obtained from the extract of the Unified State Register of Legal Entities / EGRIP. But it may take time to receive it, although extracts will be required to file a claim for the recovery of debt under a supply agreement. However, you can quickly get information on the official website of the Federal Tax Service of the Russian Federation. You just need to indicate the TIN or PSRN of your counterparty and right on the site you can find an extract indicating the current address of the company or the place of residence of the entrepreneur.

Step 3. Describe the essence of your claims to the buyer and justify their existence

In the text of the statement of claim, state the essence of the problem:

• Describe the basis on which the relationship between you and the buyer arose (link to the contract).
• Reflect information on the fulfillment of your obligations to supply goods with links to supporting documents (invoices, waybills, etc.).
• Add information about the time frame for the buyer to pay for the goods, indicate the relevant clauses of the contract, where the deadlines for paying for the goods are set.
• Note that the defendant did not fulfill his obligation to pay, and a debt was formed under this agreement.

Step 4. Specify the legal norms and clauses of the contract in support of your requirements

• Art. 516 of the Civil Code of the Russian Federation (on the obligation of the buyer to pay for the products received, taking into account the procedure and form of payments that are reflected in the contract);
• Art. 395 of the Civil Code of the Russian Federation (on liability for late payment; applies if the contract does not provide for a penalty);
• Art. 458 of the Civil Code of the Russian Federation (on the moment of fulfillment of the obligation to transfer goods);
• Art. 486 of the Civil Code of the Russian Federation (on the obligation of the buyer to pay for the goods before the transfer of the goods or immediately after receiving them, unless otherwise provided by the contract);
• Art. 317.1 of the Civil Code of the Russian Federation (on legal interest);
• Art. 110 of the Arbitration Procedure Code of the Russian Federation (the party that lost in the litigation is obliged to reimburse the other party for the costs associated with the litigation - state duty, payment for legal services, etc.).

Step 5. Calculate the debt

To recover the debt in court, you will need to indicate in the statement of claim the following amounts payable by the buyer:

• the cost of the unpaid goods;
• contractual penalty or interest for the use of other people's funds under Art. 395 of the Civil Code of the Russian Federation;
• legal interest under Art. 317.1 of the Civil Code of the Russian Federation (if you have the right to collect them).

Let us consider in more detail the procedure for calculating the penalty and legal interest.

Penalty or interest for the use of other people's money

According to Art. 395 of the Civil Code of the Russian Federation, interest for the use of other people's money can be demanded if your contract does not contain a clause on the payment of a penalty for late payment for goods. If there is such a clause, then only a penalty can be recovered, and interest under Art. 395 of the Civil Code of the Russian Federation cannot be recovered.

Situation 1. The contract provides for a penalty

The Agreement contains the following penalty clause: “For violation of the payment deadlines provided for in clause __ of this Agreement, the Supplier has the right to require the Buyer to pay a penalty (penalty) in the amount of 0.1% of the amount unpaid on time for each day of delay.”

The cost of the unpaid goods amounted to 300 thousand rubles. The delivered goods had to be paid for in accordance with the terms of the contract within 10 calendar days from the date of its receipt according to the consignment note. Payment is overdue by 115 days. It is very convenient to calculate the number of days of delay using a special calculator that can be found on the Internet.

The calculation of the penalty in this case will look like this:
300,000 rubles * 0.1% * 115 days = 34,500 rubles

Note! If you work with state or municipal customers, and you have a contract under 44-FZ, then when determining the amount of the penalty, you must be guided by Part 5 of Art. 34 FZ-44. The penalty in this case is calculated based on the refinancing rate of the Central Bank of the Russian Federation (since recently it has been equated to the key rate of the Central Bank of the Russian Federation) - 1/300 of the refinancing rate effective on the day the penalty is paid from the unpaid amount for each day of delay.

Situation 2. The contract does not provide for a penalty

If the contract does not provide for a penalty for late payment, then interest can be demanded under Art. 395 of the Civil Code of the Russian Federation.

When determining these percentages, it is necessary to proceed from key rate The Central Bank of the Russian Federation (not to be confused with the refinancing rate), which was set during the delay period. It changes regularly, you can track its value, for example, on the Garant website. Your contract may establish a different amount of interest under Art. 395 of the Civil Code of the Russian Federation. In this case, it is necessary to be guided by the provisions of the contract.

An example of calculating interest under Art. 395 of the Civil Code of the Russian Federation

The cost of goods not paid on time amounted to 300 thousand rubles, the number of days of delay - 65 days. The delay period is from September 16 to November 20, 2016. The key rate of the Central Bank of the Russian Federation during this period was 10%. The interest calculation will look like this:

300,000 rubles * 10 * 65 days / (366 * 100) = 5,328 rubles

At the same time, we take into account that the number of days in 2016 is 366, since it is a leap year. If the year is not a leap year, then 365 days must be taken.

If the period of delay under your contract falls on different key rates, for example, from August 10, 2015 to September 10, 2016, then you need to split the debt into two periods and calculate the interest separately, and then add them up.

If you make a mistake and, for example, in a lawsuit, ask to collect interest under Art. 395 of the Civil Code of the Russian Federation, although your contract provides for a penalty for this case, you should not worry. According to judicial practice, such an error is not a basis for dismissing a claim. In this case, the court must submit for discussion by the parties the issue of applying the rules of civil law on the penalty. The plaintiff will have the opportunity to reduce or reduce the amount of the penalty, depending on the terms of the contract for the penalty.

How to calculate legal interest under Art. 317.1 of the Civil Code of the Russian Federation?

According to Part 1 of Art. 317.1 of the Civil Code of the Russian Federation, the contract may provide for the obligation of the party to pay legal interest for the use of other people's finances. Legal interest is calculated similarly to interest for the use of other people's funds, taking into account the key rate of the Central Bank of the Russian Federation, which was established during the period of use of finance. At the same time, your contract may indicate the amount of legal interest that differs from what is established in Art. 317.1 of the Civil Code of the Russian Federation. In this case, it is necessary to be guided by the provisions of the contract.

Note! The law allows accrue simultaneously and a penalty (interest for the use of other people's finances), and legal interest, since they have different legal nature. If in the first case it is a kind of liability for breach of obligations, then in the second case, interest is a payment for the use of other people's money. This position is also reflected in judicial practice (see, for example, the Decree of the Arbitration Court of the Far Eastern District of September 12, 2016 N F03-4016 / 2016 in case N A51-4185 / 2016, the Decree of the Arbitration Court of the Moscow District of August 30, 2016 N F05-10859 / 2016 in case N A40-253441/2015).

After you have calculated the interest due and the debt for the goods, add up the amounts received. This will be the total debt, as well as the price of the claim.

Step 6. Determine and specify the price of the claim

You can collect debt through the courts subject to the payment of state duty. To calculate it, we need to know the price of the claim. When determining the price of a claim for debt collection under a supply agreement, you will need to take into account the following requirements for the defendant:

• the cost of the unpaid goods that you want to recover;
• forfeit, penalty or fine for late payment;
• legal interest.

An example of calculating the price of a claim

The amount of the debt under the supply agreement amounted to 500 thousand rubles, in addition, the supplier wants to recover a penalty for late payment in the amount of 50 thousand rubles. In this case, the price of the claim will be - 550 thousand rubles.

Note! The value of the claim must be indicated by the plaintiff. If you make a mistake in the calculations, then the court will independently determine it.

Step 7. Calculate and indicate the state fee for debt collection in court

The procedure for calculating and the amount of the state duty is established in Art. 333.21 of the Tax Code of the Russian Federation. To calculate the state duty, you will need the price of the claim, and the amount of the state duty will depend on it.

In the sample application for debt collection, you can see an example of the calculation of the state duty. We present one more in this article.

An example of the calculation of state duty when collecting debt in court

The price of the claim is 550 thousand rubles. The calculation will look like this:

7,000 rubles + 2% (550,000 rubles - 200,000 rubles) = 14,000 rubles

The state duty amounted to 14,000 rubles.

Step 8. Add Complaint Compliance Information

Let us recall that the claim procedure for settling a dispute has become mandatory. Now, before collecting a debt through the court, you must first file a claim with your counterparty.

If you did this, then indicate this in the claim - tell us when you sent the letter or handed over the claim personally, what documents confirm this (receipt of payment for postage, a copy of the claim, an inventory of the attachment to the letter, a notice of delivery, a second copy of the claim with buyer's receipt). Also indicate the reaction of the counterparty to your claim - whether he answered the letter, whether he satisfied your requirements.

Step 9. Formulate your requirements in the pleading part of the claim

Clearly state how much the defendant owes you:

• debt for delivered goods;
• penalty or interest under Art. 395 of the Civil Code of the Russian Federation;
• legal interest;
• state duty costs;
• lawyer costs;
• expenses for Russian Post services;
• expenses for issuing extracts from the Unified State Register of Legal Entities;
• other.

Step 10. Make a list of documents that will be attached to the statement of claim

The following documents will need to be attached to the claim:

• documents to which you refer in the text of the statement of claim (delivery agreement, waybills, etc.);
• notice of delivery of the claim with attachments to the defendant or other documents that confirm its direction (receipt of payment for postal services, list of attachments);
• original payment document confirming that the state duty has been paid;
• a copy of the certificate of state registration of the company or individual entrepreneur;
• copies of documents that confirm your compliance with the claim procedure;
• power of attorney to sign the claim, if it is signed by an authorized person;
• extract from the Unified State Register of Legal Entities or EGRIP in respect of both the plaintiff and the defendant (the "validity" period is not more than 30 days).

Step 11. Sign the claim and prepare copies of the documents that will be attached to it

Put a signature on the statement of claim, make a transcript of the signature, indicate your position. Enter the date and seal (if applicable).

Do not forget to certify copies of documents with a special inscription: “The copy is correct”, indicate your position, sign and seal. Be prepared for the fact that the court may require you to submit the original documents, copies of which you provided.

Step 12. Send a claim for debt collection to your counterparty

The document must be sent to the defendant by registered mail with acknowledgment of receipt. This is required by law. On our own behalf, we recommend making an inventory of the investment.

Step 13. Pay the state fee for debt collection in court

I do this after sending a claim to the counterparty and after waiting for some time. Suddenly he will come to his senses and decide to pay off the debt even before I go to court.

Details for paying the state duty can be found on the website of the court of your choice. In our example, this is the Arbitration Court of the Vladimir Region. On the site you can also find a sample payment order for paying the state duty.

Step 14. File a claim with the judicial authorities for the recovery of debt under the supply agreement

This can be done in three ways (read more about each of them):

• hand it over personally to the office (in this case, take a second copy of the claim with you so that the court employee can put a mark on the receipt of papers on it);
• through the Russian Post;
• send the papers in electronic format through the official website of the court.

On the same site, you can track your case. First, in the search, you will need to indicate the details known to you (the name of your company or the defendant's company, then you will also know the case number).

In case of successful completion of the litigation, you will also have a stage enforcement proceedings. You can familiarize yourself with the features of this stage in the article -.

Help with debt collection

If you have any questions or find it difficult to act independently, you can contact us. Our qualified lawyers will help you at any stage of collection. The first consultation is free. Details.

Changes: January, 2019

Debt under the supply agreement — a situation that often takes place in the cooperation of two parties (customer and supplier), and the main reason is the failure of the recipient or seller to fulfill their obligations. In such a situation, one of the solutions is to file a claim and go to court. The question is how to do it correctly, and what the jurisprudence says. Let's consider these points in more detail.

The basis of cooperation between the buyer and the supplier is the supply contract, which is considered one of the varieties of the sale and purchase agreement. Under this document, the seller undertakes to transfer products, equipment or materials to the other party to the agreement, the recipient, within a certain period. The latter has the right to use the goods for commercial purposes. Interestingly, the role of the supplier in obtaining the goods does not matter - he can buy it at a lower price or personally engage in production.

In order for the contract to be classified as "deliverable", the recipient of the object of the transaction must use it for commercial (entrepreneurial) purposes. If the parties to the transaction have not agreed on the terms for the transfer of goods, it is delivered once a month in equal batches. If there are other conditions in the legislation or the contract, this parameter may be different. Initially, the task of supplying the products is performed by the seller, but the agreement may provide for a "pick-up" when the buyer personally arrives at a certain place and personally receives the goods.

In accordance with the law, the buyer is obliged to check or carry out other measures regarding the receipt of the goods within a certain period. In addition, the agreement stipulates the period in which a claim for debt under the supply contract or for the timing of the transfer of goods can be drawn up. Also, the recipient of the products has the right to check the quality of the goods and, taking into account the norms prescribed in the Civil Code of the Russian Federation (Article 513), notify the supplier of the low quality of the products (if any).

If the buyer has made a reasonable decision not to accept the delivered product (goods), he is obliged to ensure its storage. In this case, the financial costs are borne by the seller, who picks up the goods and pays for the services of the recipient. In turn, the buyer must notify the existence of claims in advance and indicate the reason why he does not accept the products.

If the recipient does not inform the supplier of the refusal to accept the goods within the period established by the agreement, the seller has the right to demand the full amount of payments, regardless of the quality of the products, under the law or subject to the terms of the supply contract.

It should be noted that in case of inadequate product quality, the buyer must issue a refusal in writing. Here a special act is filled out according to the model, which is indicated in the appendix to the agreement of the parties. In the absence of such, the act must contain information on specific non-compliance of the goods with the declared requirements. If possible, all deviations should be "tied" to the current conditions, standards or GOSTs.

The recipient must not only notify the supplier of the fact of poor product quality, but also document this. Information, as a rule, is drawn up and sent by registered mail. Similarly, the situation associated with the incompleteness of the delivered products is solved. The buyer has the right to return the goods in case of any deviation of the scope of delivery from what is reflected in the contract. Even in the absence of a small number of elements, the incompleteness of the object of the transaction is recognized. As a result, a penalty is charged for late delivery, taking into account the conditions that are stipulated in the agreement between the parties. Sometimes the penalty is charged before the day of actual delivery and is not limited by the term of the agreement.

If the supplier does not eliminate the defects within the agreed (reasonable) period, including understaffing the goods, the recipient has the right to go to court and demand the recovery of the difference in the cost of the ordered and actually received products. Breach of obligations allows the injured party to refuse to fulfill obligations and terminate the agreement. At the same time, the court is charged total cost transaction object.

In general, the subject of proceedings in court under a supply contract may be:

• Late delivery of goods.
• Incomplete completeness or low quality of the object of the transaction.
• Violation of the procedure for paying fines and settlements.

Another situation is also possible, when the goods are received, meet all the requirements, but payment is not made. In such a situation, a statement of claim for the recovery of debt under the supply agreement is also drawn up. This is true in cases where the parties cannot resolve the problem without going to court.

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A "delivery" contract is always drawn up in writing. Otherwise, it has no legal effect. The agreement may be in the form of one or more documents. Papers that are directly related to the contract are transmitted in person, by e-mail or by fax. Based on judicial practice, it is desirable to draw up a single contract, which contains the signatures of the participants and the wet seals of the participating organizations. With this design, the court will have fewer questions regarding the legality and relevance of the contractual relationship between the parties.

The supply contract must reflect the characteristics of the goods (volume and name), as well as the exact timing of the transfer of the object of the transaction. If the agreement is designed not for one, but for several deliveries in a certain time period or for a specific volume of goods, information on products and terms is written in the contract in general form. More details can be found in the appendix to the contract. In addition, each sheet is "attached" to a specific delivery. If the supplier submits legal action with the desire to collect debt under the contract, he must present not only the “body” of the contract, but also the annexes (specifications). In this case, the judicial authority can accurately determine the fact of the lack of delivery or refusal of payment.

One of key points in the agreement is an indication of the quality parameters of the goods. In judicial practice, debt collection is carried out not only because of the lack of delivery of goods, but also because of its poor quality. In the latter case, the buyer bears the losses and is entitled to demand their compensation. This is easy to explain, because the recipient received the goods, but he cannot resell them.

Special attention should be paid to the procedure for settlements between the parties, as well as penalties for late payment. But it is worth considering that litigation often stretches for long term and takes from one month to six months. As a result, on total amount debts are running up high interest. The same situation occurs in the case when the supplier has transferred goods of poor quality.

The subtleties of filing a claim for the recovery of debt under a supply agreement

In arbitration law, compliance with the dispute resolution procedure specified in the supply contract is of key importance. That is why any proceedings in the relationship between the supplier and the buyer begin with a claim to the party that violated the terms of the agreement. The document clearly sets out the claims and requirements with reference to the paragraphs of the document or annexes that have been violated. If there are none, the claim is made with reference to the norms of the law.

In addition, the claim specifies the amount current debt, as well as information on the collection of additional penalties, namely penalties or fines. We must not forget about other items of expenditure - the payment of state duty and payment for the services of lawyers representing interests in court. As a result, the initial payout increases.

In practice, there are many cases when, after receiving a claim with all the consequences of non-payment of the debt, the counterparty took active steps to cover debt obligations. If this does not happen, a lawsuit is being prepared to collect the debt through the court. The document is submitted to the arbitration court, which is located at the place of residence of the respondent party. It is allowed to appeal to an authority “tied” to legal address debtor. If the party to the contract is a representative office or branch of the company, you must focus on its address.

What are the requirements for a claim?

When drawing up a statement of claim, it is necessary to focus on the requirements of the APC of the Russian Federation (Article 125). The document is compiled according to a certain pattern, which is easy to find on the Web. The documents listed in the article mentioned above are attached to the application, namely:

• The contract and annexes to it (if any), payment papers and invoices.
• Documents confirming compliance with the procedure for submitting a claim. This includes a notice of alert, a receipt from the post office, and other documents.
• A payment order confirming the payment of the state duty for filing a claim. The amount of payment can be calculated taking into account the requirements of Article 333.21 of the Tax Code of the Russian Federation. At the same time, on payment order must bear the stamp of a banking institution.
• Papers that confirmed the authority of the plaintiff. This may be an extract from the Unified State Register of Legal Entities, a decision on the appointment of a general director, a power of attorney, and others.
• Documents supporting the fact of sending a claim and attachments to the debtor, as well as to other parties participating in the case.

It is worth considering that financial papers must be presented as originals. In addition to the documents mentioned above, statement of claim you can attach a petition for the application of security measures or the reclamation evidence base. If necessary, this can be done immediately or already during the process.

If the claim is executed in compliance with the necessary rules, and the required package of papers is attached to it, the court accepts the documents for consideration and determines the date of the trial. If there are errors, the claim may be sent for revision or it may “hang” without consideration. In the latter case, the plaintiff will be asked to amend and report required package papers. Only then does the full trial begin.

When filing a claim with an arbitration court, it is important to understand that the process does not take one day. As noted above, it can take several months. If there is no money on the debtor's accounts, the execution of the court decision will take no less time. In addition, during the proceedings, the court may have additional questions to which it is important to respond quickly. If additional evidence is required, it will have to be provided promptly. Possible situations when "surprises" are presented by the opposite side.

That is why such cases should be conducted with the involvement of experienced lawyers who know the nuances of the procedure for collecting debt under a supply agreement, have experience in resolving such issues and are able to respond to court requirements in a timely manner. In addition, experienced lawyers are contacted not only for these issues, but also for solving a number of other tasks - debt collection under a lease or contract.

Once again about the penalty

When drawing up a contractual relationship for the supply of goods, along with the main obligations (prepayment, terms and specifications), conditions regarding the penalty should be provided. This term is synonymous with the same penalty or fine that the debtor must transfer to the creditor in case of failure to fulfill the obligations specified in the contract, or in case of their fulfillment, but in an improper form. Penalty may also be charged in case of delay in fulfilling obligations. The parties have the right to limit the amount of the penalty, but subject to reasonable limits.

Thus, the supply contract reflects the period by which the penalty must be accrued, the cases and amount of the payment of the fine, especially the payment of the penalty for non-fulfillment of obligations. If the agreement does not contain this information, the collection of funds is carried out taking into account the norms prescribed in Article 395 of the Civil Code of the Russian Federation.

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