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Determining How to Request a Copy of a Contract
Figure out who has the contract. In some cases, such as a contract for the private sale of personal items, the other party to the contract should have a copy. However, if the contract is an employment or sales contract with a large company, determining who exactly has the contract can be more difficult. Here are some guidelines to help you determine who has the contract. Tip: When an attorney drafts a legal document or contract, he or she always retains a copy. In some cases, the attorney retains the original contract. If the other party’s attorney has the contract, he or she should be able to provide you with a copy, since you were a party to the agreement. An attorney may charge you a small copying fee for your copy of the contract. If the other party to the contract is an individual, he or she should have the original agreement with both of your signatures. If a company or organization is the other party to the contract, you will need to find the appropriate person within the organization who is likely to have a copy of the contract. The company’s Human Resource (“HR”) or Legal Department would be a logical place to start. If there is no HR or Legal department, or you cannot locate a phone number for the individual department, simply call the company’s general number. Whomever answers the phone should be able to tell you which department retains copies of executed company contracts, and direct your call accordingly.
Obtain contact information for the appropriate party. Start by looking through your personal paperwork to see if you have records showing contact information for the person or business with whom you signed the contract. Next, look in the telephone book or online for specific contact information, such as a mailing address, phone number, or email address. Social media sites are another potential source of contact information. If you have the correct contact information, it will be easier to contact the person or business with whom you signed the contract.
Decide what type of request is most appropriate. The type of request will depend on to whom it is directed. For example, if you personally know the party who has the contract, a phone call may be the most appropriate type of request. A request directed to a large company may call for a formal letter. What follows should help you decide what type of request is most appropriate. Telephone. For many contract requests, directly calling the person who has the contract is best. If you know the person who has the contract and you have a phone number for him or her, a telephone request may be the most appropriate. E-mail. If you are unable to reach the person holding the contract by telephone, or you do not have a direct number to him or her, you may want to send a formal email requesting a copy of the contract. Ask that a signed copy be mailed or e-mailed to you and provide your mailing address or e-mail address. Letter. If the Internal Revenue Service (“IRS”), a government agency such as the military, or a large company has the contract, you may wish to write a formal letter requesting a copy of it. Do not send a letter to a government agency by certified mail, as the agency generally will not sign for it. You may wish to enclose a self-addressed stamped envelope in order to ensure that a copy is mailed to you. In person. If e-mail, telephone, and/or written requests are unsuccessful, you may wish to visit the person’s office or place of business personally in order to request a copy of the contract. If the person accepts appointments, call and make an appointment. Otherwise, visit him or her at their office or place of business and be prepared to wait until he or she is free to see you. Online. Depending on the type of contract, you may be able to request a copy online by filling out a simple request form. For example, the National Archives and Records Administration keeps copies of all government contracts. This includes any military enlistment contracts. You can visit the National Archives and Records Administration at [1] and fill out such a request. Likewise, if you need a copy of a U-Haul rental agreement, you can access U-Haul’s website at [2] and request a copy through their online form.
Requesting a Copy of a Contract
Include all relevant information in your request. The format and content of your request will depend on the type of request you are making and from whom you are requesting the contract. The more information that you have, the easier it will be to identify the contract for the recipient of your request. Although not all contracts are written, many different types of contracts are required to be in writing. Tip: It is important to leave the approximate date that the contract was signed. Even a month or year is helpful if you can’t recall the exact date. For instance, you should have the names of all parties and companies that are parties to the contract. You also should describe the content of the contract as specifically as possible. This includes the type of contract, which, for example, could be a lease, rental agreement, contract for services, or employment contract. Also identify the subject of the contract, whether it be services, personal property, goods purchased, or rental of a piece of equipment or a physical address. Be sure to specify that you want a signed copy of the contract. An unsigned copy won’t do you any good if you are trying to enforce your rights under the contract. You will need to be able to prove that both parties actually signed the contract.
Explain the reason for your request. Some state laws require that you be given a copy of a signed lease agreement or other type of contract. The Consumer Credit Act also requires, for example, that you be given a copy of a credit agreement upon request. In other states, giving you a copy of a contract is not required, although it is a good practice to do so. In any case, if you are a party to the contract, you are entitled to have a copy of it for your records.
Deliver your request. Call, visit, send the e-mail, or mail the letter. When sending a letter or an e-mail, you may wish to use a delivery method that will allow you to confirm receipt by the other party, such a certified mail return receipt or an e-mail delivery receipt, for example.
Keep track of your request. If you do not receive a reply within 10 days, call and ask if there is any more information that you can provide in order to expedite your request. You also may wish to ask how long you can expect it to take to receive the contract.
Following Up on Your Request
Demand a copy of the contract in writing. If you do not receive a copy of your contract within a few days of making a follow up telephone call, write a demand letter. Tip: This letter should formally demand a copy of the contract and request a response within 10 days.
Describe the contract. You want the recipient of the letter to be as clear as possible about which contract you would like copied and sent to you. Give the names of the parties, the subject of the contract, and the date on which it was executed, or signed.
Provide specific instructions on how to comply with your demand. Make it as easy as possible to respond to your request quickly and efficiently. If it is easy to comply, you are more likely to get a response. For example, you might write, “please mail a copy of the contract to me at the following address” and provide your mailing address and a self-addressed stamped envelope. You also might write, "please leave a copy of the contract with my secretary," and provide a physical address where it can be delivered. You also could provide your e-mail address and write, “please e-mail a copy of the contract to me at the following e-mail address.”
State a deadline. Name the exact date or time period by which you should receive a copy of the contract. For example, you could give the recipient 10 days or a deadline of September 1, 2015.
State the consequences of refusing to comply. Let the recipient know what will happen if he or she fails to comply with your request and provide you with a copy of the contract. For example, you could write, “If I do not receive the requested information by the date specified, I will be forced to hire an attorney.” You also could write, “Failure to comply with this demand will result in legal action against you.”
Bring in some muscle. If all else fails, and you find yourself still without a copy of the contract, hire an attorney. You may have legal options that will force the other party to produce the contract for your review. Oftentimes, receiving a threatening letter from an attorney is just what is needed to force a party to comply with simple requests, such as mailing a copy of a contract.
Determine if another agency has a copy of the contract. In some cases, another agency may have a copy of the contract on file. For instance, if you live in government-subsidized housing, your landlord is typically required to file a copy of your lease with the local or state housing agency every year. If there has been a court proceeding about your lease, mortgage loan agreement, or another type of contract, then the Clerk of Court is likely to have a copy of the contract on file.
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