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Debt collection under a service agreement. Statement of claim for collection of overdue debt under a service agreement Collection of payment under a service agreement

Situations where one of the parties to an agreement refuses to pay for services rendered happen with alarming frequency. Despite the concluded agreement and the plaintiff’s fulfillment of his obligations, the agreed amount never arrives in the bank account. When this happens, you need to write a statement of claim to collect the debt under the service agreement, sending it to the court. Moreover, you should demand not only the amount of the debt, but also interest for using other people’s money. However, you should first try to resolve the dispute out of court. Litigation is a last resort.

Before turning to the judicial authorities, it is necessary to accurately determine whether there are grounds for filing a claim. Such grounds include legal norms and factual circumstances that happened to you. Factual circumstances are, first of all:

existence of a written agreement on the provision of paid services with the second party to the proceedings;
fulfillment by the plaintiff of all obligations stipulated by the agreement, compliance with deadlines and procedures for performing work;
a certificate of completion of work sent to the defendant and an invoice for payment thereof;
refusal to pay according to the agreement or delay in payments made (in the second case, the amount is paid in equal parts over a certain time);
when the defendant does not provide actual evidence of the deposit of funds into the plaintiff’s account.

If similar situations happened to you, you can demand proper fulfillment of obligations in the statement of claim. According to the law, one of the parties does not have the right to change the terms of the agreement, which means that the need to pay for the services provided remains.

What is the pre-trial procedure for resolving a conflict?

Start by filing a claim directly with the other party to the contract. Describe the essence of the current situation, the period of delay, refer to the fulfillment of obligations under the contract on your part. Also in the claim it is necessary to indicate a specific date, before which the second party to the transaction must repay the debt by paying interest or a penalty, if this is provided for in the agreement. If the claim is rejected, or it is not received within the time limit established for the response, prepare a package of documentation and.

What are the features of preparing an application?

Today you can simply download a ready-made sample statement of claim for debt collection under a service agreement, editing it to suit your needs. However, it is better to develop a claim yourself, in the company of an experienced lawyer. He will take into account all the nuances of drafting the document, ensuring that it is accepted for consideration and a positive decision is made on it. The claim must include the following information:

The name of the judicial authority to which the document is sent, as well as information about the plaintiff and defendant.
Requirements for the defendant, references to legislation, calculations of the amount of debt and interest on it.
The cost of the claim and the circumstances that led to the appeal to the judiciary.
Documentary evidence of the existence of debt and the plaintiff’s fulfillment of its obligations under the agreement.
Information about the claim procedure for debt collection provided for by federal legislation or the agreement itself.

If any measures were taken to ensure the property interests of the plaintiff, they should also be reported in the petition. You also need to list the list of documents attached to the claim. A whole list of documentation must be attached to the application to the judicial authorities:

confirmation that you have sent copies of the application and the papers listed in this list to the other participants in the proceedings (they can be sent by registered mail);
confirmation of payment of the state fee (receipt), the amount of which will depend on the value of the claims;
confirmation of non-payment of the required amount as agreed between the parties or the presence of arrears;
evidence of the plaintiff’s fulfillment of its obligations under the contract, documents for a legal entity (if the plaintiff is an organization);
if a representative () participates in the court hearing, a power of attorney must be attached;
there are other relevant documents, attach them after making copies and having them certified by a notary.

The petition must be sent to the branch located in the same city or district where the parties to the proceedings live. When drawing up an application, it is important to understand the principle of its writing and presentation of information. A smart lawyer can handle this task perfectly.

What information must be included in the application?

In the introductory part of the statement of claim for debt collection under a service agreement, the name, address, and number of the court district to which the petition is sent should be provided. Next comes information about the plaintiff and defendant, including the name of the organization or full name, addresses, contact numbers and other information. The cost and name of the claim are indicated next. Then you can move on to presenting the essence of the appeal:

with which person or company the agreement for the provision of services was concluded (indicate the date of its signing);
exactly what work needed to be performed in accordance with the provisions of the contract, as well as in what time frame they must be completed;
inform the rules and procedure for payment for services provided, prescribed in the agreement, including the amount of payments or a lump sum;
what documents can you use to confirm the fact of approval of the subject of the transaction (various applications, protocols, other documents);
if services were provided for a long time (systematic garbage removal, delivery of things), indicate the amount of payments and their frequency;
how money should be transferred from the second party to the agreement (to the contractor’s current account, in cash or other means);
how the acceptance of the results of the provision of services is formalized (usually a work delivery and acceptance certificate drawn up by the contractor is signed);
confirm the sending of the act to the customer by registered mail with acknowledgment of receipt and his obligation to return the document within a specific period;
provide evidence of proper performance of services in full and in accordance with the terms of the transaction;
if pre-trial attempts to resolve the dispute were made, report them, outlining the results of the appeal;
if the defendant partially paid for the plaintiff’s work, this is also worth mentioning, referring to calculations of the amount of debt;
you still need to provide the reason for the refusal to pay for services on the part of the defendant (preferably recorded in writing during the pre-trial proceedings).

If there is other valuable information that could influence the resolution of the conflict, tell us about it. After which you need to provide references to legislative norms, list documents and claims. The list of papers should be supplemented with a copy of the contract. To the requirements you need to add the amount of the penalty and other penalties (preliminarily accurately calculate each figure). At the end of the application, the signature of the plaintiff and the date of application are placed.

IN _________________________ PLAINTIFF: _________________________ DEFENDANT: _________________________ Price of the claim: _________________________ rub. State duty: _________________________ rub. Statement of claim for the collection of debt under a contract for the provision of services for a fee _________________________, an agreement for the provision of services for a fee was concluded between the plaintiff _________________________ and the defendant _________________________. The plaintiff _________________________, being the executor under the contract, assumed obligations, namely____________________. The defendant _________________________, as a customer, agreed to pay for the services provided. In accordance with clause _________________________ of the agreement, settlements between the parties are made in the following order: _________________________. According to Article 779 of the Civil Code of the Russian Federation, under a contract for the provision of paid services, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services. Based on Article 781 of the Civil Code of the Russian Federation, the customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for the provision of paid services. The plaintiff _________________________ fulfilled his obligations under the contract in full, which is confirmed by the following evidence: _________________________. However, the services provided by the defendant _________________________ were not paid for. According to the calculation attached to the statement of claim, the amount of the defendant’s debt _________________________ for payment is _________________________ rubles. The collection of penalties for late payment for services is not provided for in the contract for paid services. Based on Article 309 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 conditions are not allowed (Article 310 of the Civil Code of the Russian Federation). Thus, from the defendant _________________________ in favor of the plaintiff _________________________ it is necessary to recover the debt under the contract for paid services in the amount of _________________________ rubles. In connection with the appeal to the court, the plaintiff incurred legal expenses in the form of state fees in the amount of _________________________ rubles. According to Articles 88, 98 of the Code of Civil Procedure, the party in whose favor the court decision was made, the court awards the other party to reimburse all legal expenses incurred in the case. Thus, legal costs in the amount of _________________________ rubles must be recovered from the defendant in favor of the plaintiff. Based on the above, guided by art. 12, 15, 779, 781 of the Civil Code of the Russian Federation, I request: To recover from the defendant _________________________ in favor of the plaintiff _________________________ debt under the contract for paid services in the amount of _________________________ rubles. To recover from the defendant _________________________ in favor of the plaintiff _________________________ court costs for payment of state duty in the amount of _________________________ rubles. Appendix: 1. Copy of the statement of claim. 2. Receipt for payment of state duty. 3. Contract for paid services. 4. Documents confirming the provision of services. 5. Calculation of the amount of debt. 6. Documents confirming the circumstances set out in the statement of claim. Plaintiff _________________________ _________________________ _________________________

A contract for paid services is one of the most common types of contracts. We seek services in the field of education, medicine, repair and tailoring, beauty, computer technology and so on. At the same time, it is not uncommon for one of the parties to violate its payment obligations, as a result of which the other party has the right to collect the debt.

The right to collect debts of the Contractor and the Customer

By general rule The customer is obliged to pay for the services provided to him within the time frame and in the manner specified in the contract for paid services (Article 781 of the Civil Code of the Russian Federation).

Thus, the parties can establish the following payment procedure:

100% prepayment;

One part is prepayment, the other part is postpayment;

100% postpaid.

This condition depends on the reliability of the partners, the duration of cooperation between the parties, the financial condition of the parties or the established rules of service for a particular Contractor. Violation of payment terms can occur both on the part of the Contractor and on the part of the Customer.

Debt collection in case of violation of the contract by the Contractor

Carried out in the case when the Customer made an advance payment for services, but the services were not provided or were provided improperly. In addition to the fact that the Contractor is obliged to return the prepayment amount, he may additionally be held liable as established in Art. 395 and 1102 of the Civil Code of the Russian Federation.

But if the impossibility of performance arose due to the fault of the Customer, then the services are subject to payment in full (Article 781 of the Civil Code of the Russian Federation). That is, the Contractor has the right not to return the prepayment received if he proves the Customer’s guilt in the impossibility of providing services.

Debt collection in case of violation of contract by the Customer

Occurs when the Contractor has provided services, but the Customer refuses to pay for them. Upon completion of the provision of services, the Contractor signs the Certificate of Services Rendered and sends it to the Customer for signing. If the Customer has objections to the services provided, the Customer must send the Contractor a reasoned refusal to sign the Certificate. If the Customer does not sign the Certificate within the specified or reasonable period and does not raise any objections regarding the services provided, then the services are considered provided.

Additionally, the Customer may submit a claim for the collection of interest on the amount of debt on the basis of Art. 395 of the Civil Code of the Russian Federation. The exception is when the contract specifies the amount of the penalty for late payment. If a consumer applies on the basis of the Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1, then he can make a claim for the recovery of a penalty in accordance with the provisions of this Law. It must be remembered that it is not allowed to bring the same type of liability for one violation.

Debt collection in case of unilateral refusal to fulfill a contract for paid services

The Customer and the Contractor have the right to unilaterally refuse to fulfill the contract, but taking into account the provisions of Art. 782 of the Civil Code of the Russian Federation. If the Customer refuses, he is obliged to reimburse the Contractor for the expenses actually incurred by him. Moreover, such expenses can be paid by the Customer both before and after cancellation of the contract. . Debt collectionjudicial proceedings on this basis can be carried out after the Customer’s unilateral refusal of the contract.

If the Contractor refuses, he is obliged to compensate the Customer for losses in full. Within the meaning of Art. 15 of the Civil Code of the Russian Federation, the Customer has the right to recover not only actual damage (actually incurred expenses), but also to recover lost profits, that is, everything not received due to unilateral termination of the contract at the initiative of the Contractor.

Non-payment by the Customer for services and failure to comply with other payment conditions provided for by law or agreement is a violation of the terms of the agreement and is the basis for carrying out debt collection judicially .

Debt collection in court

1. Start debt collection by sending a claim to the guilty party. This requirement is mandatory when both parties to the agreement are legal entities. If one of the parties or both parties are individuals, we still recommend starting dispute resolution through a claim procedure, so that in court the court will refer to the use of all opportunities to resolve the dispute.

As a general rule, a claim is considered within 30 days from the date of its receipt. But the parties may provide for a different period in the contract.

2. File a claim with the appropriate court. The claim is filed in the arbitration court (and if one or both parties are individuals, then in the court of general jurisdiction) specified in the contract. If the court is not specified in the contract, then the statement of claim is filed at the location of the defendant. An exception is disputes regarding the protection of consumer rights, in which a claim can also be filed at the plaintiff’s place of residence or at the place where the contract was concluded.

The procedure for considering a claim depends on the amount involved. Cases where the amount does not exceed 500,000 rubles for legal entities and 250,000 rubles for individual entrepreneurs (in arbitration courts) and 100,000 rubles (in courts of general jurisdiction) are considered through simplified proceedings (that is, without calling the parties to court). . If the amount of recovery is greater, then the statement of claim is considered in the usual lawsuit proceedings with the parties summoned to court.

3. Provide evidence to the court. Typically these include:

Service agreement;

Certificate of acceptance of services;

Confirmation of payment for services provided (receipts, bank receipts, checks, payment orders and other documents).

Depending on the case, the parties may refer to other evidence. So, for example, in one of the cases, the subject of which was debt collection under a service agreement communications, additionally the court requested bills, invoices, call details, as well as confirmation of the vacancy of the premises under the lease agreement and notification of this to the Contractor

An agreement for the provision of services on a reimbursable basis is one of the most common documents in economic activities and business relationships. Its features and form in Russia are regulated by the Civil Code of the Russian Federation (Article 39 and others, depending on the area). Actually, the relations that arise between the parties after signing the agreement are regulated by many legislative norms. They are spelled out in Article 8 of the Constitution of the Russian Federation, Chapter 39 of the Civil Code of the Russian Federation, in federal laws and government regulations.

The document is concluded by two parties called the contractor and the customer. The first, by signing an agreement, undertakes to perform specific work (provide a service) determined by the fixed conditions, and the second - to accept it and pay in the amount also determined by this agreement. The subject of the agreement is the performance by the contractor of actions that are necessary for the customer to obtain the desired result. The parties are free to determine the terms of the contract regarding the amount of monetary remuneration and the timing of the work. These conditions, as well as the subject itself, are the key points of the contract.

The fact of acceptance and provision of services is confirmed by an act or other documents of similar meaning, and quality is of great importance here. It can be confirmed by an inspection report, but it is impossible to objectively guarantee a result that is absolutely satisfactory to the customer, and it is beyond the obligations of the performers. Termination of the contract is possible if there are grounds: if the fixed conditions are violated (one of the parties to the agreement lost what he had the right to count on) or in another case provided for by current legal acts. The agreement must be terminated in accordance with the established procedure:

one party notifies the other of the fact: free form is allowed, but it is advisable that the document be drawn up by a professional lawyer - the notification often acts as an argument in court;
upon termination at the initiative of the customer, the actual amount at the time of termination of the relationship is paid, as well as the contractor’s losses due to this;
in the event of a break at the initiative of the contractor, the customer receives monetary compensation for losses in full;
If the parties do not reach an amicable agreement, they go to court, providing evidence of dishonest performance or non-payment of work.

If an agreement was drawn up, but one of the parties did not receive the desired result, it has the right to demand monetary compensation from the second party. In practice, the most common specific cases debt collection. It is demanded from the customer if he does not pay for the service on time, at the agreed time. Even if the contract for its provision does not set a deadline, the obligation to pay remains, but the contractor must document the acceptance of the services or the impossibility of providing them due to the customer’s behavior or evasion of acceptance. Also, the customer needs to pay if the work is not completed, but the contract contains a condition for prepayment. For delay in payment, the contractor has the right to demand compensation for losses, interest or penalties.

It is carried out in cases of making an advance payment, but failure to provide services or providing them in an inappropriate volume or unsatisfactory quality - not through the fault of the customer himself. The contractor needs to either prove the guilt of the other party, or return the full amount of the prepayment. In case of unilateral refusal to fulfill the contract, it is necessary to compensate the losses of the injured party. These may be expenses incurred by the contractor, losses of the customer.

Collection procedure in the presence of an agreement or in the absence of a written agreement

If the parties did not enter into a written agreement for the provision of services, it is difficult to recover monetary losses. The law allows the use of written or physical evidence:

work acceptance certificates;
photo and video materials - the court accepts from the performer the results of filming during the provision of a service or performance of work as evidence, if there are no objects or objects in the frame that entail the recognition of the materials as unacceptable evidence (private property, facts of personal life);
conclusions of specialists who conducted a special examination.

If there was no written agreement, the collection procedure is always determined individually, and it is highly advisable for the injured party to resort to professional legal support. If there is a document, disagreements are resolved in one of two ways: through a claim procedure and by going to court.

It is necessary to start with the first option if both parties are legal entities, or filing a claim is required by federal law, or is specified in the service agreement. Even if the claims stage is not mandatory, it is advisable not to neglect it before going to court, so that later, when considering a claim, you can refer to it and prove that all possibilities for a “peaceful” settlement have been used.

The complaint must indicate the main grounds for recovery, the essence of the violations, and the requirement for return Money, the consequences of failure to resolve the issue pre-trial. The paper does not have an official sample, so it is better if it is drawn up by a lawyer who knows the nuances. The party to the contract to whom the claim is sent has the right to consider it up to 30 days from the date of receipt. If the result is negative - ignoring the document, refusing to pay the debt - the injured participant goes to court.

The claim is filed with a general jurisdiction if one or both parties are individuals. The Arbitration Court considers appeals from legal entities and individual entrepreneurs. The territorial location of the authority is indicated in the contract; if there is no such clause in it, then the application must be submitted at the location of the defendants, if the dispute does not concern the protection of consumer rights. In this case, it is permissible to contact the authority at the place where the agreement was concluded or where the plaintiff resides.

The procedure for considering a claim depends on the amount of recovery. When the volume of services is up to 500 thousand rubles for legal entities and 250 thousand for individuals, simplified proceedings are used, in which the parties are not summoned to court. If the collection amounts exceed the threshold, the case is considered as usual. Participants must appear at the hearing and are summoned according to the established procedure. During the consideration of the case, the plaintiff substantiates his position: if the claim is filed by the contractor, it is necessary to provide evidence of the provision of services, and the customer must provide evidence of payment if the result is not received.

The court must submit a package of documents - for individuals it is less, for organizations it is more. You will need to pay a state fee and draw up a statement of claim, which sets out the requirements and grounds for claiming the debt. The outcome of the case largely depends on the quality and completeness of the submitted package, so assembling and compiling it yourself, focusing on formal samples, is a significant risk. Legal support at this stage is, if not mandatory, then highly desirable.

Drawing up claims and considering cases in court

In case of violation of the concluded agreements during the provision of services and going to court, a claim is drawn up, which must be sent to the place of residence/location of the other party. If the application is drawn up in violation of the rules, the court will reject it, and it will become impossible to repay the debt. When drafting a document professional lawyer the risks of the claim being rejected due to incorrect registration are minimized. The application must indicate:

names, addresses - plaintiff, defendant, authority that is considering the case;
information about the parties and obligations: what they were, how the calculation should have been carried out, what period of time was allotted for this, the essence of the violation;
circumstances of violation of the law, documents proving the fact of acceptance of payment, provision of services;
the essence of the petition with which the beneficiary party applies to the court.

The application must be accompanied by supporting documents - if the package is incomplete, the court will reject the claim. In the attachments, in addition to the receipt for payment of the duty (according to Article 333 of the Tax Code of the Russian Federation), there must be a notification of delivery of a copy of the application to the defendant, a copy of the agreement itself, invoices, debt calculation and constituent documentation, if we are talking about legal entity. If the interests of the party are represented by an invited lawyer, you will need a power of attorney for him or other documents confirming his authority. After preparing materials and evidence, the claim is filed with the court.

The case review process is always individual. For example, the court will most likely consider a request to terminate the agreements of a tourist who paid for a trip, but was not warned about changes in the conditions of the trip. If instead of a five-star hotel he was offered a three-star hotel, there are grounds for compensation for damages for services not provided, which the recipient had the right to claim. On the other hand, arbitration courts satisfy claims for debt compensation if the contractor has presented correspondence between the parties and witness statements that prove that the work has been completed.

If the court grants the beneficiary's request, it is necessary to actually collect the debt after the decision is made and it enters into force. The plaintiff, having waited for receipt of the writ of execution, acts according to the rules of enforcement proceedings. He contacts the defendant’s bank, the bailiff service, if there are doubts about the adequacy of the funds in the account. When enforcement proceedings are initiated, the debtors' property is often seized and other actions are taken.

It is difficult to recover what is legally owed and assert your rights, and without professional support, the plaintiff often does not receive compensation. By contacting debt collection specialists at "", you receive the help of highly qualified and experienced lawyers and maximize your chances of successfully resolving the case.

In [name of the arbitration court]

Plaintiff: [F. I.O./name of the plaintiff]
[address of his location]

Defendant: [F. I.O./name]
[address of his location]

Statement of claim
on debt collection under a paid services agreement

[Date, month, year] between [full name of the plaintiff] and [full name of the defendant] an agreement was concluded for the provision of paid services for [specify the subject of the agreement] N [value]. According to this agreement, the Plaintiff, as a performer, assumed obligations for [fill in what is required], and the Defendant, as a customer, undertook to pay the cost of the services provided under this agreement.

According to clause [meaning] of the service agreement, payments between the parties are made in the following order: [enter as necessary, for example, payment for services rendered must be made by the customer monthly within 5 banking days after signing the certificate of completion of work based on the issued invoice].

According to the certificate of services rendered dated [day, month, year], the Plaintiff provided services to the Defendant in the amount of [amount in figures and words] rubles, and the Defendant accepted the services provided.

The corresponding invoices were issued to the customer for payment.

In violation of Art. 781 of the Civil Code of the Russian Federation, the services provided were not paid for by the Defendant.

In accordance with clause [value] of the service contract, in case of delay in payment of the cost of services, the customer pays the contractor [specify the type of penalty] in the amount of [value]% of the debt amount for each day of delay. As of the date of filing the claim, the payment delay is [value] days. Thus, the amount of [specify the type of sanction] is [amount in figures and words] rubles.

Due to the fact that the customer improperly fulfilled his obligations, the amount of the Defendant’s debt under the service agreement as of the day the claim was filed is [amount in figures and words] RUB.

Based on the above, guided by art. 781 of the Civil Code of the Russian Federation, please:

1. To recover from the Defendant in favor of the Plaintiff the amount of debt under the service agreement N [value] from [day, month, year] in the amount of [amount in figures and words] rubles.

2. To recover from the Defendant in favor of the Plaintiff [specify the type of sanction] under the contract for paid services N [value] from [day, month, year] in the amount of [amount in figures and words] rubles.

Applications:

1. Notification of delivery of a copy of the statement of claim to the defendant.

2. A document confirming payment of the state fee.

3. A copy of the service agreement.

4. Copies of invoices.

5. Debt calculation.

6. A copy of the certificate of state registration as a legal entity.

7. Power of attorney or other documents confirming authority to sign the statement of claim.

[signature of the plaintiff's representative]

[day month Year]