Common Cases of Damages Recovery
If we consider the ideal option, then the culprit of the losses and lost profits is presented with a claim, and in response, the agreed compensation is paid. But in real life, such compensation must be obtained only by going to court.
In this case, the claim must be drawn up and sent to the culprit in accordance with the instructions of Article 4 of the Arbitration Procedure Code of the Russian Federation. The text of the manufacturing email list document must describe the situation, list the violations and indicate the amount of compensation required.
The letter of claim is sent officially, and the sender is left with a description of the enclosure and a receipt for sending. These papers, along with the main documents, will be transferred to the judicial authority if the company does not receive compensation from the culprit of the damage within 30 days.
Recovery of lost profits through the court
To start a case, you need to collect documents, get legal advice and file a claim for recovery of lost profits in court.
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The following documents must be collected:
Checks, invoices, receipts – everything that confirms payment made under the terms of the contract.
Relevant documents on supplies and services concluded between counterparties: this could be repairs, products, real estate rental, installation of software or equipment, and so on.
Acceptance certificate.
Extracts from the Unified State Register of Legal Entities on counterparties – legal entities of the plaintiff and the defendant.
Accounting certificates on income from relevant types of activities of enterprises that have concluded the current agreement for previous periods.
To ensure a better chance of winning a lawsuit, you need to collect a large number of documents. This will provide a reliable evidence base and help establish a cause-and-effect relationship.
When filing a claim, you must indicate:
names of legal entities of the plaintiff and defendant, telephone numbers, registration and actual location addresses, e-mail;
the essence of the claim, indicating the timeframe for non-fulfillment of the agreements and the inconvenience caused by this;
list the relevant requirements with references to the text of the Civil Code of the Russian Federation (Articles 15, 310 and 393);
the period for which the company determines losses in the form of lost profits and the amount to be recovered.
First steps to reclaim lost profits
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