Often we are faced with the need to notify someone: the employer - about dismissal, the seller - about a claim to the quality of the goods, neighbors - about the sale of a room and in many other situations. When it comes to the need to “notify in writing”, you should know that this is a legally significant action that has corresponding consequences.
Many civil lawsuits can only be initiated after a pre-trial settlement has passed. That is, it is necessary to prove that attempts were made to reach an agreement before going to court. And if the other side refuses to compromise or ignores the appeals altogether? And in such cases, the law allows you to go to court. But a prerequisite for accepting a claim for consideration is confirmation that the plaintiff duly notified the defendant.
Way to avoid judgment
Is proper written notice important only for the court? Not at all! You don't want to sue, do you? Be sure: the one you need to notify is the same. Having received a written notification from you, for example, sent by a notary (more on this below), he will understand that you:
- ready to take the case to court;
- legally competent enough to defend their interests in court.
And this is a direct way to pre-trial settlement of the situation.
Notification Form
All notifications that citizens have to deal with can be divided into:
- notification of various state and municipal authorities;
- legally significant messages in civil law relations.
Upon notification of Mrs. bodies most often use forms approved by various by-laws (administrative regulations, instructions, orders, letters from various ministries and departments).
In civil law relations, notifications are made, as a rule, in free form.
Sometimes the parties to the contract, in order to make life easier for themselves, make the forms of the most important notices and notifications annexes to the contract being concluded.
Notification methods
From September 1, 2013, the procedure for the transfer of legally significant documents is regulated by Article 165.1 of the Civil Code of the Russian Federation. A “legally significant” document can be called in different ways: a claim, a demand, a notice, a statement. The rule approved in the law for bringing them to the addressee is quite flexible, it does NOT specify:
- mandatory delivery methods,
- the form in which the relevant document is to be sent.
But at the same time, the law states that the legal consequences come from the moment of its delivery. Accordingly, in the interests of the sender of the notification hand it over so that you have proof of delivery to the addressee. Moreover, in the event of a litigation, it will be he who will have to prove the fact of notification. Therefore, if you do not want to then use the testimony of witnesses to prove in court that - notify in writing!
The best options for a written notification are those that allow you to prove the fact of receipt of this document documented:
- by registered mail with acknowledgment of receipt;
- valuable letter with inventory and acknowledgment of receipt.
- courier service;
- delivery to the addressee in person.
Publication date: 04/14/2015
A letter is a postal item with a written message. In appearance, it can be simple, custom-made or with a declared value. In this article, I will talk in detail about how to send registered letter , including - with a notification and with a description of the attachment.
So, simple letters are most often used for the exchange of written messages between individuals. Ordinary letter in a regular envelope or greeting card- refers to simple written correspondence. To send it, just drop the envelope in blue mailbox Russian Post. The maximum weight of such a postal item should be no more than 20 g. * When sending, the sender is not given any supporting documents (check, receipt). Accordingly, if a simple letter is lost, then the Russian Post will not bear any responsibility.
Registered letter intended for shipping important documents, forms, receipts, photographs. This type of postal item is registered, respectively, it is registered in the system and it is assigned a postal identifier (track number). Sending is carried out directly at the Russian Post office through the operator. The cost is somewhat more expensive than in the case of simple written correspondence, but the sender receives a guarantee that the item will definitely be delivered to the addressee. Delivery of a registered letter is made personally in the hands of the addressee against signature. The maximum weight should be no more than 100 g. If the postal item weighs more than 100 g, then it automatically falls into the "package" category.
Registered mail may be sent simultaneously with or without acknowledgment of receipt. If you want to indicate the declared value or make a shipment with an inventory of the contents of the envelope, then you need to send not a registered, but a valuable letter.
What is a "registered letter with acknowledgment of receipt"? This type of sending assumes that the letter will be sent to the addressee as registered, that is, the addressee will receive it personally, and the sender, in turn, will receive a notification confirming the fact of receipt by the addressee. Accordingly, if you want to send a registered letter and make sure that it is received by the addressee, you must send a registered letter with a notification.
But remember that the notification of receipt form is sent along with a registered letter, and after the recipient receives the correspondence, the form is sent back to the sender (you). Accordingly, this document will be returned to you, and you will find out that your shipment fell into the hands of the addressee (or his legal representative), only after a certain time.
Recently, the Russian Post has launched an SMS notification service, that is, you can use this service. For postal items, the cost of one SMS message is 10 rubles.
What is a "value letter with an attachment list"? Let's start with the fact that for valuable letter"The sender indicates the "declared value", therefore this type of written correspondence is called "valuable". If the shipment is damaged or lost, the Russian Post will fully or partially compensate the amount of the declared value.
“A valuable letter with a description of the attachment” implies that the contents of the item will be described by the sender in a special form (f.119). At the time of receipt of a valuable letter with an inventory, the recipient at the post office at the operator has the right to open the envelope and check its contents, which must fully comply with the attachment inventory document.
Remember, if you are a sender of valuable correspondence, then the envelope must be provided to the operator in open form. The postal employee must make sure that the attachment is fully consistent with what you indicated on the form.
How to send a registered letter
You can send a registered letter at any branch of the Russian Post. There is nothing complicated in this, you do not need to fill out additional forms.
To send:
- Go to the operation window at the post office and buy right size the envelope. The maximum envelope size is 229x324 mm, that is, a little more than a sheet of A4 paper.
- The envelope must contain the index and address of the sender and recipient.
- We tell the operator about the desire to send a registered letter and that's it. After paying for the service, you will receive a check on which the track number will be indicated, with which you can track the movement of the postal item until it is issued.
How to send a registered letter with acknowledgment of receipt
The process of sending written correspondence with acknowledgment of receipt is exactly the same as in the previous case. The only difference is that in addition to filling in the address information on the envelope, you will also need to fill out the “Notice of Delivery” form (Form 119). This form can be obtained free of charge from the post office.
An example of filling out this form is shown in the picture below. For clarity, the information that must be indicated to the sender is highlighted in red:
On the front side form "Notice of Delivery" it is necessary to indicate your data (name, address, index), because. the recipient of this notification will be you, not the addressee of your letter.
How to send a valuable email with an attachment description
Sending a valuable letter with a list of attachments is carried out in the same way as regular registered mail. The only difference is that it will additionally be necessary to fill out the "Inventory of Investment" form (form 107). This form is issued free of charge at the post office at the request of the sender. The Attachment Inventory is an optional service that you may or may not use if you do not require it.
In order to send a valuable letter with an attachment list, you will need to indicate all the data on the envelope, as well as fill out two forms with an attachment list. It will be necessary to fill out exactly two forms, since one remains with the sender, and the second is received by the addressee. Accordingly, based on this document, the recipient will be able to check the contents of your shipment.
An example of filling out the form f.107 is shown in the picture:
When sending valuable written correspondence with a list of attachments, provide the envelope to the operator in an unsealed (open) form. The operator must check that the content matches the description of the attachment.
Registered mail: delivery time and cost
The delivery time for registered letters is approximately the same as the delivery time for other postal items, including parcels and parcels. The Russian Post has deadlines that you should rely on. I already wrote more about this earlier in the article. If you want your written correspondence to reach you faster, then it must be sent 1st class. Sending by 1st class is most relevant between settlements, between which there is an air connection. Sending in this way within the boundaries of one city or region is not entirely advisable.
As for the cost of sending a registered letter, the price depends on many factors: weight, with or without notice, with or without an attachment list. For more details, see the official website of the Russian Post.
*The weight of an ordinary letter may exceed 20 g, but not exceed 100 g. An additional fee is charged for each subsequent full or partial 20 g of weight.
How to make an inventory of attachments by sending documents by registered mail. Tips, recommendations, practical experience. (10+)
Sending documents by mail with a list of attachments
You may need to send official documents by mail with a list of attachments in the following cases:
- If such form of sending is determined by law. For example, reports in tax office.
- If such form of correspondence is determined by the contract.
- If a conflict situation arose and it is necessary to record the fact of sending documents.
In the second case, even if there is no conflict yet, you need to be careful about correspondence, as problems may arise in the future, and you will need to confirm that the correspondence was conducted in full accordance with the contract.
When compiling an inventory of attachments, try to indicate the individual features of the documents that you send, so that you can later determine whether the documents that you sent were filed in your correspondent's archive. Remember that even if there is no conflict situation, employees simply tend to lose papers, and then, to avoid punishment, forge them. In the inventory, try to describe the document in such a way that it cannot be faked or replaced. Be sure to indicate the name and outgoing number of the document in your accounting (if any), as well as the fact that it is laced and numbered if it consists of several pages. For example, "Official claim with the conclusion of the expert commission, ref number 235. The set is laced and numbered." The notification of delivery will be sufficient reason, the recipient will not be able to remove or replace the sheets, since he will not be able to re-lace the document and put your signature or the signature of your employee and the seal of your company.
If the document sent by mail with a list of attachments has only one page, then be sure to write that this is a signed original. You need to write like this: "Original application with a signature" or "Complaint with a notarized signature", and not like this "Application", "Complaint". If you write according to the second option, then you will never be able to prove that you actually sent.
If the document contains several sheets, then it must be laced and numbered. Read how to properly lace up a document.
When sending a letter to the tax office, you should not especially worry that the sheets will be replaced there. There are simply no people in the tax office who are interested in such a substitution. But if you send a complaint, claim, some kind of order or a signed contract, then the situation may turn out to be interesting for your counterparty to falsify.
Attachment description example
inventory
Attachments in a valuable letter
Where 111111, Mokhnansk, Proezd Medvedei, 1
Addressed to CEO LLC "Peat and soil A" Ivanov M. E.
Please note that the post office cannot refuse you to include the full title of the document in the inventory.
Be sure to keep attachment descriptions and receipts.
I do remote consulting. We develop various documents (regulations, procedures) and send them to the customer by mail with a list of attachments. Documents are considered handed over if they are sent by mail. There have been a couple of cases where customers wanted their money back on the grounds that the kits didn't contain something (even though they did). Typically, this situation is due to the fact that the customer's priorities change, and he no longer needs the ordered and paid documents. There is a temptation to refuse documents and return the payment. But sending in response a photocopy of such a postal inventory of attachments (with an indication that the documents were stitched) removed all questions, since the customer understood that he would not succeed in forging the lacing (and we can prove its presence on the basis of the inventory).
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Good afternoon! Tell me, if the description of sending the claim contains the name of the document and the mention that each sheet is signed by the sender, then the possibility of replacing the claim sheets with the recipient disappears?
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A method is provided for the taxpayer (fee payer, tax agent) to submit a tax declaration (calculation) to the tax authority in the form of a postal item with a description of the attachment. Moreover, when sending a tax return (calculation) by mail day of presentation the date of sending the postal item with a description of the attachment is considered.
Form 107 attachment inventory form is used in the following cases:
- inventory of attachments in a valuable letter;
Note: For example, when sending a tax return by mail.
- description of the attachment to the parcel;
- inventory of the attachment to the parcel;
A postal item with a declared value is sent in an open form with a description of the attachment. At the same time, the sender of a valuable letter, parcel or package must fill out two forms attachment inventory f.107, which specifies:
- the name and postal address of the addressee;
- name, number of items and the amount of their assessment.
The sender of a valuable letter with a tax return must put his signature on each copy of the inventory form. In the event that among the sent items there are items without evaluation, then in the column "declared value" against their name, a dash is placed on each inventory form. At the request of the sender, the assessment of items may not be indicated on the copy of the attachment inventory enclosed in the postal item.
When the inventory forms according to f.107 are filled out, the postal worker is obliged to:
- compare entries in both copies of the inventory;
- compare the correspondence of the address and the name of the addressee indicated in the inventory and on the address side of the shell (address label) of the registered postal item (RPO);
- compare the sent items with the records in the inventory;
- check the compliance of the total cost of investments indicated in the inventory with the amount of the declared value of the RPO. The amount of the declared value of the RPO must be equal to the total value of all investments indicated in the inventory;
- affix an imprint of a calendar stamp on both copies of the inventory and sign them;
- put the first copy of the inventory on top of the attachment in the RPO and pack it, give the second copy to the sender along with the receipt.
If you send a parcel with a list of the contents of the parcels, as well as according to the RPO with a declared value, handed over by legal entities, a fee will be charged.
The sender determines the amount of value of each item independently. The cost of inventory items affects the amount of compensation in case of loss of the shipment, but the higher the cost of the items, the greater the cost of the shipping insurance fee. The sum of items can be made zero by putting a dash.
The cost of sending a valuable letter with an inventory of attachments
Forwarding a valuable letter with an attachment description with the cost of documents of 10 rubles weighing 20 grams will cost 120-170 rubles in Russia.
Inventory of attachments for 3-personal income tax when sent by mail
TIN 770012345678,
Alexander Sergeevich Ivanov
Address: 145147, Moscow,
12th Slesarnaya St.,
d. 59, bldg. 12, apt. 409
INVESTMENT DESCRIPTION
1. Tax return 3-NDFL for 2013 on 8 (eight) pages - 1 copy.
2. A copy of the certificate of income in the form of 2-NDFL on 1 (one) page - 1 copy.
3. Application for the return of personal income tax, excessively withheld by the employer in connection with
providing property deduction from the beginning of the year, on 1 (one) page -
1 copy.
04/22/2014 A.S. Ivanov
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