Pre-action claim: how to draft and send it correctly

You are facing a situation where the counterparty is not performing its obligations: it does not repay the debt, delays repairs, or refuses to refund money for a service not provided. Perhaps you have already tried to resolve the matter verbally, but all you hear in response are promises or complete silence. At that point the idea of going to court arises, but for many categories of cases the law requires a pre-action claim to be sent first.

Mistakes at this stage are costly: a claim drafted without the required details or sent without confirmation of delivery will not be treated as proper evidence. The court will return the statement of claim under Article 152 of the Civil Procedure Code of the Republic of Kazakhstan, and the deadlines will be missed. To avoid this, it is important to understand exactly what to write, which documents to attach and how to properly record dispatch.

Pre-action claim: why it is needed and what happens after it is sent

A pre-action claim is a formal written demand that you send to the other party to the contract, a supplier or a debtor before going to court. In it you describe the substance of the dispute, refer to documents and demand the return of money, delivery of goods, rectification of defects or termination of the transaction. In essence, it is your written position, only stated in advance and addressed to the other side, rather than in the courtroom.

What a pre-trial claim is for: it gives the counterparty a chance to settle the conflict voluntarily, and it fixes for you the date from which the dispute is deemed to have been raised. Sometimes after a claim the debtor pays or offers an instalment plan, and the matter never reaches court. If there is no response, the letter becomes evidence that you tried to resolve the matter amicably and warned the other side.

Under the Law of the Republic of Kazakhstan on Protection of Consumer Rights, the seller, manufacturer or service provider must consider a consumer's written request about defects in goods, work or services within ten calendar days; this period cannot be shortened by contract.

What happens after a pre-trial claim depends on whether the addressee responds. If there is no response or it does not satisfy you, you go to court, and the claim goes into the case file. The further steps are as follows:

• Track delivery and obtain the delivery notification.
• Wait for a written response or for the waiting period to expire.
• If they refuse or stay silent, prepare a statement of claim for court and attach the claim.
• Keep a copy of the mailing and the inventory of the enclosure.

When a pre-trial claim is mandatory and when you can go straight to court

The question of whether a pre-trial claim is mandatory is decided not by your wishes but by what the law and the contract itself say. The general principle is this: a claim is mandatory where the law expressly requires it or where you have agreed such a procedure in the text of the contract. In Kazakhstan the law expressly requires a pre-trial approach, for example in consumer disputes: the seller, manufacturer or service provider considers the claim first. In other cases it is your tool of pressure and a way to get the money faster, not a pass to court.

Where a pre-trial claim is not needed, the statement of claim is accepted straight away — for example, in disputes over recognition of a right, dissolution of marriage, or claims where the law establishes no prior approach. The danger lies elsewhere: if the court considers that the pre-trial settlement procedure is in fact mandatory and you have not followed it, the statement of claim will be returned under Article 152 of the Civil Procedure Code of the Republic of Kazakhstan. You will have to send the claim, wait for the response period to expire and file again, losing weeks.

The quickest way to check is to look at the nature of the claim.

Below is a guide, but the final answer depends on the contract and the specific legal provision.

• The contract expressly requires a claim — you send it first
• The law establishes a mandatory pre-trial procedure — you follow it
• A dispute over dissolution of marriage or recognition of a right — statement of claim straight away
• The contract is silent and the law introduces no procedure — you can go straight to court

Return of the claim is not a refusal of legal protection: you remedy the defect and file again.

How to draft a pre-action claim letter: mandatory details and content

The structure of a pre-action claim letter serves one purpose: the recipient should understand from the text who is writing to them, what is wanted from them and on what basis. That is why the content of a pre-action claim letter starts with the header: full name and BIN or IIN of the parties, addresses, contacts. Then state which contract or action links the parties, and describe the circumstances: what happened, when, and what confirms it.

The middle of the letter is the demand: return the money, deliver the goods, remedy the defects, compensate the harm. Formulate the demand specifically and in a way that can be performed: the amount or the action, and the deadline. If money is involved, set out the calculation: what the amount is made up of, for what period, at what rate or tariff. This is a case where it is better to draft a pre-action claim letter briefly and to the point than to retell the entire correspondence over ten pages.

The text ends with a list of attachments with copies of documents, the date, the signature, and for a company an outgoing reference number. A universal template of a pre-action claim letter follows the same logic: details, facts, demand, calculation, attachments. Keep a copy with a note of dispatch — you will need it if the dispute goes to court.

• Header: details of the sender and the recipient, addresses
• Circumstances: the contract, the event, the breach
• Demand: the amount or the action and the deadline
• Calculation: what the amount is made up of
• Attachments: copies of documents supporting the arguments

Gathering evidence for a pre-action claim letter: which documents to attach

Documents for a pre-action claim letter should be gathered before you send it, not after. It is the papers that determine whether the other party will have a clear picture of the debt and what your chances are in court if it gets that far. If there is no confirmation of the debt, the claim letter turns into a formal letter that is easy to ignore.

Which evidence to attach to the claim letter depends on the nature of the dispute. Under a works contract it is the contract itself, the acts of completed works, the estimate and payment documents; for services it is the request, the invoice, receipts or bank statements. Print out correspondence in messengers and by email so that the dates, the sender and the substance of the arrangements are visible — a screenshot without context is weaker than the full correspondence.

Attach separately whatever records the breach: a specialist's report, an inspection report, a defect list, the other party's refusal to sign. Below is a short checklist of the basic set.

• The contract with all annexes and supplementary agreements
• Receipts, payment slips, payment orders, bank statements
• Acts of completed works or rendered services
• Correspondence between the parties with dates and participants
• Specialist's report or inspection report

Attach copies, keep the originals with you — they will be needed in court.

How to send a pre-trial claim and record its delivery

There are several ways to deliver a pre-trial claim, and each leaves a different trace in the evidence. The most reliable is to send it by registered letter with an acknowledgement of receipt and an inventory of the contents. The inventory will confirm that the document inside was indeed yours with its attachments, and the acknowledgement of receipt of the claim will come back to you with the recipient's signature and the date.

A pre-trial claim sent by post does not require the recipient's consent: correspondence is sent to the address in the contract or to the legal address from the certificate of state registration of a legal entity. If the letter comes back marked as the storage period having expired, that is also evidence — the addressee avoided receiving it. Keep the inventory, the receipt and the envelope in full, even unopened.

The second option is courier delivery or hand delivery against a signature on the copy. In that case, ask the recipient to put the date, surname and position, and if they refuse — record the refusal in writing with two witnesses. Whichever you choose, remember: proof of sending is what the court case will start with, so keep it until the case is over.

• Registered letter with acknowledgement of receipt and an inventory of the contents
• Courier delivery with the recipient's mark on your copy
• Delivery against signature with the date, surname and position indicated
• A note of refusal to accept, witnessed and certified

Typical mistakes in a pre-trial claim: what to look out for

The most common problem is a claim without a demand. A person describes in detail how they were let down, but does not write what exactly they want: a refund, the work redone, the contract terminated. Without a specific demand, the document turns into a complaint, and the other side can simply ignore it, since it is unclear what needs to be put right.

The second mistake is the wrong addressee. The claim is sent to the manager who handled the deal, to their personal email or messenger, although it is the organisation that should receive it at its legal address. The letter sits without action, and it is difficult to tie proof of delivery to the case. Emotions are just as harmful: insults, reproaches and accusations of fraud drown out the facts, and instead of a dialogue you get a refusal.

The third mistake is the absence of evidence. The contract, receipt, correspondence, act are not attached to the claim — and it hangs in the air. A judge or the counterparty cannot verify your words, and the position looks unfounded.

• No clear demand: it is unclear what the other side must do and by when.
• The addressee is stated incorrectly: the letter goes to the wrong person or not to the official address.
• The facts are not confirmed: there are no copies of documents, receipts, correspondence, acts.
• Too much emotion and judgement: they get in the way of seeing the substance and turn people against you.
• Several demands are mixed together with no priority: the addressee does not understand what to do first.

A pre-trial claim on a loan, services and work contracts

If a dispute has arisen with a bank, a pre-trial claim on a loan should rely on the account statement, the payment schedule and correspondence with the creditor. Check whether the terms were changed unilaterally, whether interest, penalties and commissions were calculated correctly, and whether insurance was added without your consent. In a claim to the bank, state the specific transactions or clauses of the contract that you consider a breach, and your demand: recalculate the debt, return what was withheld, stop the charges. Attach copies of receipts and screenshots of your enquiries — this keeps things disciplined and helps if the matter goes to court.

A claim under a services contract is addressed to the contractor: a salon, a clinic, an online school, a repair crew, a carrier. Look at what exactly you paid for and what you received: deadlines, scope, quality, completeness. Record any refusal to refund money or to remedy defects — correspondence, an audio recording of the conversation, a delivery note. If the service was provided in part, demand a proportionate reduction in price, not only a full refund.

A claim to a contractor for construction or repairs requires reference to the estimate, the acts and photographic evidence of defects. Describe which works were not carried out, which were done in deviation from the contract, and state one demand: remedy the defects within a reasonable time, reduce the price or reimburse the cost of putting them right. It is useful to state that hidden defects were discovered after acceptance, if that is the case. For clarity, check against the contract:

• The start and completion dates of the works under the schedule.
• The composition and cost of materials, and who purchases them.
• The procedure for accepting stages and signing the acts.
• Liability for delay and defects.

A claim is not just a formality but your first step towards court: its content and the evidence of sending directly affect how the case will be considered.