Maybe you have a claim form or sample?
One of the more common questions, “Do you have a claim template?” We will discuss the components of a claim from a legal and practical point of view.
Our specialist in civil and commercial law, advises.
The claim template and the content of the claim de facto and de jure and the subject matter of the claim.
- The facts;
- Legal justification;
- A clear requirement.
A claim template is appropriate in perfectly analogous life situations where the factual act conveys identical acts or events, follows the same legal basis and requires the same things (where the claim is for the same thing).
Just like a bread store, a claim can be called the same, but its value may vary substantially. Bread in the store comes in very different prices, with different composition, size. Thus, a claim can also be very diverse in its legal significance. The title “Claim” in its content may not represent a claim at all.
In addition, negligence and a willingness to intimidate a claim template can go against the person making the claim. Ex. A: The creditor may warn the debtor and get no result, and the debtor may start to hide. Therefore, always know what your goals are and how you intend to do so. Model different possible situations after a claim is made.
Legal (legal) claim – the transfer of a claim deriving from the law to another person who has a duty to the person making the claim. Such a notion of legal claim is formulated by Aurimas Užkuraitis, a lawyer of civil and commercial law.
According to the lawyer, the key to resolving disputes and settling a claim is to be able to correctly assess the circumstances and apply the law flexibly to the valuation achieved, taking into account the logical commons: justice, fairness, reasonableness and case law.
Why should a legal claim have both factual and legal elements and a clearly formulated claim?
This demonstrates your strong position and discourages your opponent from abusing the law, i.e. evaluating the potential consequences of not fulfilling the claim or requirements of the claim, assessing the credibility of the available counterarguments, making a decision;
The presentation of the underlying facts and the legal upholding of the factual part help to avoid unnecessary long promises or even malicious deceptions, as responding to or not responding to a legal claim is an expression of the will of the claimant (decision, signal);
Claims in a legal claim are a very important element that stamps the claimant on certain frames. Properly formulated requirements do not allow the claimant to manipulate interpretations and derivations or pretend to not understand what he or she wants.
The place of a legal (legal) claim in a dispute. A legal claim is an expression of good faith, proof of the peaceful resolution of a dispute. Such a claim often saves you money and time, since a legal claim can already provide all the arguments and levers that will provide the claimant with legal protection in the future. Subsequent legal stages of the dispute essentially merely reproduce the content of the claim, possibly with broad interpretations.
Therefore, a number of pre-litigation dispute resolution bodies deal with disputes only after the legal claims have been exhausted.
Is a legal claim a template? The answer to this question is: Is life a template? Probably life is different and different for everyone, so legal claims cannot be completely template if you are looking for a result. What to do? How to save? Standardize to your needs.
A standardized claim template based on the most common subject matter of a dispute, under similar circumstances, is an effective and cost-effective tool in business and in everyone’s work.
Tip! There is nothing wrong with working with a template, but it is advisable to standardize it according to your needs. Of course, one could write “Claim. You owe me, give me the money! ”But in terms of efficiency it will just be a simple leaflet that may not help but even hurt.
Constructive sequence of legal claim preparation: Follow the following construct: case study, counterargument assumptions, use of meaningful and “non-hazardous” data in the fact-finding section, laws and regulations, case law, clear requirements.
Response to a legal (legal) claim
It is necessary to write an answer to a legal claim for the following reasons:
- Expressing your legal position. You can provide a compromise solution to your dispute. You can negotiate a staging or deferral of enforcement. If you do not agree with the claim, state this in a reasoned manner and prevent possible future legal disputes;
- What does not seem right to you will not always seem right to a lawyer / attorney. Consult, even if the situation seems desperate for you.