A letter of guarantee is an offer concluded between the customer and the contractor on the terms of a deferred payment. One party provides the service, the second guarantees to pay for it, all conditions must be indicated not only in the letter of guarantee, but also in the agreement concluded between the parties, since an offer is just an offer or a promise (article No. 435 of the Civil Code of the Russian Federation).
It is necessary
- - voluntary agreement;
- - amicable agreement;
- - application to the court;
- - resolution;
- - performance list.
Instructions
Step 1
If you cannot pay under the letter of guarantee, but at the same time entered into an agreement and received all goods or services in full, regardless of the existing financial situation, all funds must be transferred in full to the account of the supplier or contractor.
Step 2
Non-receipt of funds is calculated as a delay for which you can receive a forfeit. The parties can agree on an additional grace period for payments. If an agreement is not reached, the collection can be enforced by filing a statement of claim with the arbitration court.
Step 3
The court will once again make attempts and will give the parties an opportunity and time to conclude an amicable agreement indicating the terms of the deferral and new conditions for payment.
Step 4
If it is impossible to make payment under the letter of guarantee, the court will issue a resolution on enforced collection, on the basis of which a writ of execution will be drawn up and an enforcement procedure will begin to enforce the collection of the entire unpaid amount for the goods or services used.
Step 5
Forced collection is carried out according to the general rules in force for collection under a writ of execution. Bailiffs have the right to enforce a foreclosure on property, accounts or send a writ of execution to the debtor's place of work, and may involve them in compulsory administrative work.
Step 6
The situation will be completely different if the letter of guarantee is drawn up, but the contract has not been concluded, and neither the customer nor the contractor has yet fulfilled or received anything. You have the right to refuse to fulfill the promise. The amount paid as an advance payment is not refundable.
Step 7
When considering the case, if the injured party files a lawsuit, the proceedings will be based on the instructions of the Civil Code, since the contract has not been concluded, and the offer cannot be considered a legally significant document without the main contract.
