What the service includes
For a significant share of commercial disputes the claim procedure is not a box-ticking formality but a mandatory legal requirement, and if it is not followed the court will leave the claim without consideration. But even where a claim letter is not required, well-run negotiations often settle a dispute faster and more cheaply than months of litigation.
We prepare claim letters so that they genuinely work, with an exact calculation of the demands and references to specific breaches rather than general wording. We negotiate with the counterparty, and if pre-trial settlement produces no result, we move on to litigation without losing time, because the necessary evidence has already been gathered.
We also assess separately whether claim work makes economic sense: if the counterparty is clearly insolvent or avoids any dialogue, spending time on negotiations is not always justified. In such cases we honestly recommend going straight to recovery through the courts, observing only the formally mandatory minimum.
What the service includes:
Who it is for
The situations clients most often bring to us on this topic.
How we work
A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.
Assessing the dispute
We review the situation and determine whether the claim procedure is mandatory for this type of dispute and which demands are genuinely well founded. Timeframe: 2-3 days.
Preparing the claim letter
We prepare the claim letter with an exact calculation of the demands and references to specific breaches of the contract or the law. Timeframe: 3-5 days.
Negotiations
If the counterparty is ready for dialogue, we negotiate a settlement, which is often faster and more advantageous to both sides than going to court. Timeframe: 2-4 weeks.
Moving to court proceedings
If pre-trial settlement does not produce a result, we move promptly to court, with the evidence base already prepared. Timeframe: when ready.
What you will need at the start
We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.
Key figures
Experience in this practice area specifically, not in practice as a whole.
Common mistakes
A claim letter in general terms with no calculation. A demand to “pay the debt” with no exact amount, period or reference to the contract is a weak position. It fails to persuade the counterparty and may also be found inadequate for the purposes of the mandatory pre-trial procedure.
Skipping the mandatory claim procedure. If a claim is filed without the pre-trial claim letter that the law requires for that type of dispute, the court will leave it without consideration and time will be lost.
Drawn-out negotiations with a counterparty that clearly does not intend to pay. Sometimes negotiations continue for months with no real result. If the counterparty’s position has not shifted from the start, it is wiser to put that on record and move to court.
What you get
A well-founded claim letter with an exact calculation. A demand that is hard to ignore, with a specific amount and references to the terms that were breached.
Settlement without court where possible. Some disputes are closed at the negotiation stage, faster and without the cost of court proceedings.
A ready evidence base for court. If settlement fails, the materials from the claim-letter work become the foundation of the statement of claim.
The mandatory procedure observed. Your claim will not be left without consideration on a formal ground, because the pre-trial procedure has been followed correctly.
Related
Frequently asked questions
In which disputes is the pre-trial claim procedure mandatory?+
It is mandatory for most disputes arising from contractual relations between organisations and entrepreneurs (Article 4 of the Arbitrazh Procedure Code) and is expressly provided for by a number of other laws. If the procedure is not followed, the court will leave the claim without consideration.
How long should we wait for a reply to the claim letter before filing a claim?+
As a general rule, 30 days from the date the claim letter is sent, unless the contract or the law sets a different period.
Is there any point in negotiating if the counterparty clearly does not want to pay?+
Yes. Even the formal sending of a claim letter records your position and often satisfies the mandatory pre-trial procedure, and negotiations sometimes achieve a result where the parties were initially set against each other.
Can we go straight to court, skipping the claim letter, if the law does not require it?+
Formally yes, but in many cases sending a claim letter gets the money paid sooner without the cost of court proceedings. We assess whether it is worthwhile in each specific situation.
Can a claim letter damage the relationship with a counterparty we plan to keep working with?+
A well-drafted claim letter is a business document, not a confrontation. Often it is precisely a clear statement of position that restores normal business relations faster than uncertainty does.
What if the counterparty does not respond to the claim letter at all?+
No reply within the set period is also a result: it confirms that the pre-trial procedure has been followed and allows you to go to court.