Drawing up a claim
settings_phone Back call
Republic of Belarus, Minsk, Karla Liebknechta street, d. 66, office 403
Mon-Fri from 8.30 to 17.20
place Republic of Belarus, Minsk, Karla Liebknechta street, d. 66, office 403
access_time Mon-Fri from 8.30 to 17.20

Drawing up a claim

Drawing up a claim

Claims work - is an effective way to resolve disagreements with a business partner through peace negotiations in the pre-trial phase of a settlement, without engaging in lengthy and costly litigation, which is not always effective. At the same time the procedure for claim settlement of disputes between economic entities is mandatory in the Republic of Belarus, as reflected in the Civil Code and the Code of Economic Procedure.

How to make a proper claim
The content of the claim must include all requests and financial calculations that the plaintiff intends to submit to the court by way of a writ of mandamus or a notary. The claim must describe the circumstances of the dispute, the respondent’s liability, the amount of the principal, interest on the use of other funds and the penalty. However, interest on the use of other people’s money, penalties and penalties must be recalculated by the date of the application. If you have engaged the legal services of a third-party company when writing the claim, you should also include these costs in your claim and claim payment from the respondent.

Procedure for filing a claim
This procedure is determined by the legislation of the Republic of Belarus. However, if the contract between the parties provides for a different claim procedure for the resolving of disagreements, the parties shall be guided by it. For example, a mandatory pre-trial negotiation procedure may be established for the settlement of a dispute, or mediation.

How to send a claim
In order for a case to be admitted to the court, evidence of an attempt to resolve the dispute must be provided. Therefore, a claim must be prepared and sent by registered correspondence with a return notification service, or the claim must be served to the respondent for signature. Also, a fact proving the receipt of the claim by the respondent is his written response to the claims of the plaintiff. It is important to note that the court refuses to take into account other means of proving receipt of the claim by the respondent!

Claim Belarus Legal services in Belarus

Claim review period
The standard time for the respondent to review and prepare a reasoned response to the claim is one month from the date of receipt. If the contract sets a different time limit for consultation of the claim, the parties shall be guided by it.
Only after the end of the hearing of the claim and after receiving or not receiving a written reply from the other party will the pre-trial settlement be deemed to have been respected and the plaintiff will be entitled to a trial.

Errors in the preparation of the claim
Here are the most common errors:
Sending a claim to an invalid or old legal address without first clarifying the location of the respondent;
The formal approach to the statement of the claim: omission of the actual circumstances of the dispute and the debt, or written in one line “You have a debt in the amount of N USD, please pay as soon as possible”;
Drawing up a claim and forwarding it without supporting documents, which the debtor may not have (for example, a power of attorney to sign the claim);
The absence of attached calculation of fines, penalties, mulcts, justification of additional costs, interest on the use of someone else’s money;
Filing an application with the court without waiting for the expiry of the time limit for access to the requirements set out in the claim.

Assistance with claim preparation
A well-prepared and written claim - is a guarantee of a positive resolution of the dispute at the pre-trial stage of the settlement of the dispute.

Claim work includes the following legal services:
1. Legal analysis and documentation, business correspondence is also taken into account;
2. Choosing the best strategy, tactics and arguments to protect your interests;
3. Drawing up a claim and sending it;
4. Preparation of a Statement of Defence and Claims or Orders in Arbitral, Economic and General Courts.

A good organization of all processes plays a major role in the claims work. Our company has practical experience in making and writing claims, and some of our clients subscribe to our service on a permanent basis, which allows not to have a lawyer in our staff.

We are always ready to provide you with our expertise to properly document a dispute, for this purpose call us now or leave a request on the site, and we will meet your expectations!

Make a request

* - required fields