How to collect the money from Russian company for delivered goods
Автор: Russian lawyer (English-speaking) Tarasenko Vasily
Загружено: 2021-08-11
Просмотров: 89
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THE BUYER DOES NOT PAY THE DELIVERED GOODS
What to do if the partner does not pay the delivered goods?
Suppliers often come up against a situation when goods are delivered, and the Buyer did not pay money. This standard behavior for the unfair Buyer.
What financial sanctions can be undertaken concerning the unfair Buyer who received, but did not pay goods?
First of all it is necessary to make to the Buyer a complaint:
Presentation of a claim means your readiness shortly to take legal action for the Buyer.
Each partner understands that the claim is not obligatory for execution, however together with it also the fact that the Supplier is going to take legal action shortly is clear. Generally claims are written for this purpose "to intimidate" the partner, to show him that you are ready to act and you are not going to wait more.
Often happens that the partner meets requirements of the Supplier and pays debt, or its part, or gives the written answer why, according to him the goods should not be paid.
It is anyway good result because gives the soil for further actions and it is possible to decide on a position of the Buyer. For example, if the Buyer made partial payment of goods, then it essentially says that the Buyer does not dispute the fact of signing of the contract of delivery, goods receipt and the obligation for payment of goods.
The main objections of the Buyer in that case is the fact that: goods are delivered inadequate quality, goods are delivered out of time or shortage of goods is allowed.
Proceeding from actually current situation, it is necessary to develop a position the Buyer disproving arguments or if objections of the Buyer are true and are incontestable, it is worth discussing versions of the voluntary settlement for minimization of mutual expenses.
Sample of the contractual claim of delivery you can download "A sample of the contractual claim of delivery" here
Giving in court about debt collection from the supplier.
If the claim stage of receiving debt did not help, or helped not completely, then it is necessary to take legal action with requirements about debt collection.
Appeal to the court, is fraught for the debtor with collecting not only debts on payment of the delivered goods, but also penalties, collecting percent, penalties, court costs on the lawyer and the paid state fee.
Besides, if the delivery agreement is signed at biddings (FZ-44) judgments on debt collection for the delivered goods are extremely not desirable for the supplier since it can threaten the buyer with inclusion in the register of unfair partners.
You can look at an action for declaration sample in our following article "Action for Declaration Sample in Court according to the Delivery Agreement"
How to file a lawsuit the claim for the delivery agreement?
It is necessary to collect all source documents on the signed delivery agreement which confirm delivery of goods, its cost and the delivery date. Usually as such documents consignment notes and invoices are used.
Further it is necessary to make the action for declaration, to calculate the state fee, to send the action for declaration to the defendant and to file a lawsuit all documents described above.
After all documents are filed, the court will start consideration of the action for declaration. Aggregate term of consideration of the case in arbitration court is established by the law and makes 2 months.
There are two orders of consideration of the action for declaration, the general and simplified.
By result of consideration of the case the court passes the judgment which can compulsorily be performed.
Holding the judgment, there are two methods to receive money:
1) To give the judgment on execution to bank in which at the buyer the settlement account is opened.
2) To perform the judgment it is forced through service of court ushers.
#lawsuit #russian_lawyer #moneycollection
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