There are often cases when acquaintances or friends ask for a loan of money, and few people think of bothering with receipts or witnesses to the loan.
The way society has developed is that nothing is spared for friends and acquaintances, but the consequences of such a loan can not only ruin friendships, but also affect the financial situation of the “savior” himself.
Oral agreements have their own dangers, as they do not provide guarantees that the debt will be repaid.
This practice exists even among families, but if it is 10-20 rubles, the loss is small, but if the amount exceeds 1000 rubles, it makes sense to think about it. We will find out further why people cannot or do not want to repay a loan, as well as how a debt can be repaid legally without a receipt and witnesses.
How to collect a debt from a debtor without a receipt? If the fact of transfer of money was not recorded and documented by a third party, debt collection becomes a real problem.
It is extremely difficult to prove when you lent to whom and how much if there is no evidence. However, human rights activists argue that legislation can support and also create all the conditions for the debt to be repaid.
There are three main methods of debt collection that have legal grounds. Among them:
- a statement to the police about fraud;
- trial;
- settlement agreement.
It is recommended to use these methods of debt repayment, since they are not only legal, but also do not pose a threat to the life and health of the borrower (as is the case when using the services of collection services).
The most cruel and dangerous for both parties are the services of debt collectors. For a certain amount, specially trained people are ready to literally knock out money and find it where there is none. It is better not to get involved with such organizations that operate illegally and can harm the life of the borrower. Be that as it may, no amount of money can replace a good friend and comrade, not to mention relatives. Let's consider ways to collect funds that are more effective and also operate within the law.
When collecting a debt, it is extremely important to take into account the moral side of the situation. If the person who owes money is really in a difficult financial situation and does not deny this, you can try to negotiate.
For example, divide the amount of debt over a certain amount of time. So it’s easier to return 500 rubles a month than 2000 at once. If there is no trust in the borrower, you can contact a notary (third party), who will document an agreement to repay the debt in installments.
The best option is to contact a notary, who will draw up a settlement agreement, indicating the rights and obligations of the two parties, indicating:
- loan repayment period;
- sum;
- consequences that entail liability in case of refusal to further repay the debt.
You can also draw up a receipt in which the borrower himself indicates that he borrowed money from a specific person (indicating his full name and surname, year of birth and actual address), and also undertakes to return it within the specified time frame. The document is valid after certification by a notary, and can also later be used in court as material evidence.
If, on the contrary, a person is hiding, has changed his place of residence, or is deliberately avoiding contact, then a trial cannot be avoided.
First of all, you need to try to come to an agreement on your own. This will not cause further discord in the relationship, nor will it ruin the reputation of both parties. Law enforcement is a last resort when the situation is truly out of control and requires third party intervention.
There is no need to be afraid to stand up for your rights. Many people are ready to forgive a large sum to their debtor, just to avoid the situation becoming public.
In addition to the fact that the money will be returned, you can also claim moral compensation, which the borrower will definitely pay if his guilt in failing to pay the debt is established by the court.
Contacting the police
If the borrower, without giving a reason, refuses to repay the debt, you can contact the nearest police station and write a statement about fraud, in which you indicate in detail all the details of the situation.
Within a certain time, it will be considered, and the borrower will be summoned for questioning, the result of which will determine the further course of action.
During the interrogation, if the borrower categorically denies the fact of borrowing money, the investigator will transfer the case to court, where further proceedings will be carried out.
Usually, the police department makes the borrower understand the seriousness of the situation, as well as the burden of responsibility that awaits him in the event of further refusal to collect the debt. If, even after these convictions, “things are still there,” then the court will deal with further proceedings.
Statement of claim to court
Let's look at how to collect money from a debtor without a receipt through the court.
If the amount is serious, and the borrower behaves boorishly, categorically refusing to return the money received as a loan, you can skip the previous point and go straight to court.
It is advisable to support the judicial statement with any evidence, among which you can use:
- Audio and video recordings of conversations in which the borrower himself does not deny the fact that he owes money, as well as exactly how much.
- Recordings from voice recorders that confirm the fact that the borrower does not want to repay the debt, as well as the reason for this.
- Correspondence on the Internet, as well as SMS messages on the phone.
The more evidence is collected, the faster the debt collection case will move forward. It would also be useful to know that the borrower is quite capable of repaying the debt. This may be evidence in the form of a certificate from your place of work about wages for the last 3 months, as well as photos of purchases made during the loan.
Usually the defendant is explained in detail that he will not only return what he owes, but also moral compensation for what is happening. This is quite enough to sign a settlement agreement, as well as agree on a debt repayment scheme in the presence of third parties. The prospect of paying what you owe and also compensation for moral damage is not particularly encouraging, forcing you to think about your own behavior and repay the debt as quickly as possible, putting an end to numerous disputes and trips to court.
You need to understand that in some cases it is extremely difficult to prove that the borrower owes money. This significantly aggravates the legal process and can also make its outcome not in favor of the plaintiff.
Let's look at two key factors that significantly influence debt collection:
- Presence or absence of evidence. If in court there is nothing to present except a claim with the stated situation, the probability of debt repayment sharply decreases to 12%.
- The behavior of the borrower, as well as his denial or agreement to repay the debt. If a person is friendly, but due to the current difficult financial situation, he does not have the opportunity to return the entire amount, you can always compromise by agreeing on the timing of the return of the money. If the fact of the loan is not recognized, the case may be closed due to the lack of corpus delicti and evidence.
Our article today is about how to properly collect debt. The problem of debt collection is relevant not only in our country, although there are a number of conditions that give it a local flavor. These are difficult times of transition to other models of monetary and property relations, periodic crises, and, in addition, a way of thinking characteristic of our citizens.
It should be remembered that the peculiarities of the mentality are reflected in the attitude not only to one’s own debts, but also to the attitude towards the debts of legal entities - after all, organizations are led by people.
Methods of debt collection
The variety of methods by type is not that great. The division occurs into two types, the first of which concerns traditional approaches that do not contradict legal norms. These are various kinds of oral reminders, appeals to government agencies, and lawsuits.
The second type of methods for returning problem debts is in conflict with the law, which makes its use undesirable and risky for the creditor himself, who risks not only not getting his own funds back, but also being involved in committing a crime, including a violent one. These methods are known, they include contacting representatives of the criminal world or attempts to use corrupt connections.
Reasons for refusing to repay debts
These reasons can come from a variety of factors, and they should definitely be taken into account when choosing the method in which you intend to seek debt repayment. The method of influencing the debtor is selected taking into account all the circumstances for a particular case.
The debtor may find himself in a situation where he does not have the funds necessary to repay the debt.
The debtor’s expectation that the creditor, for various reasons, will not be able to recover from available funds, property and assets. This calculation is usually based on various transactions with assets, registering them in the name of other persons, and attempts to influence the creditor through administrative channels (including those of a corrupt nature). The debtor can hide his location, wait until the statute of limitations for the claim expires, or take advantage of the lack of evidence of the debt. It is quite difficult to list all the reasons.
Possible procedure for debt collection
You should start by obtaining and analyzing information about the debtor and possible methods of influencing him. His connections and relationships with various persons or structures that can influence the debtor are studied. In this case, not only the formal legal relations of the debtor are considered, but also his business, family and personal connections, using which it is possible to induce in the debtor a desire or consent to voluntarily repay the debt.
It is necessary to create a model of the debtor’s behavior, foresee in advance what actions should be expected from the debtor or persons involved in collection, analyze the options for the most desirable actions and ways of convincing them to perform them. Modeling should also take into account the very possibility of debt repayment through legal methods of influence.
The model must also include an assessment of the debtor’s property and financial condition. If he has the resources, it all comes down to collecting the debt. The issue is more difficult to resolve if the debtor does not have such resources.
Methods for implementing collection must strictly comply with the law and have an economic justification, including taking into account the situation and capabilities of the debtor. At the same time, it is necessary to model response actions, possible defensive positions and methods that can be used by the debtor to prevent collection.
It is effective to conduct a case in an atmosphere of information transparency, which will allow all the debtor’s responses to be disclosed to the public. Using the already developed model of the debtor’s behavior, we can also consider the factors that cause his behavior. This includes the characteristics of the personality, character and temperament of the debtor, his entry into various systems of relationships that determine the motivation for opposing collection. A detailed study of these factors and motives makes it possible to find both the most effective methods of influence and methods of effective counteraction when a response occurs from the debtor. All methods under consideration must also be assessed from a legal point of view, since any violation of legal boundaries can lead to a backlash, which will be extremely difficult to resist if the law is violated. All exhortations and threats used must be strictly within the framework of current legislation.
The implementation of collection methods must be clearly planned. Several objects can be sources of exhortations and messages about the need to repay the debt. The proposal itself can be voiced by a lawyer, an authorized collection agency, the creditor directly, and even an organization that is sometimes created for such purposes. The latter method is a kind of insurance in case the debtor has the opportunity to attract any administrative resources for retaliatory measures. If such a scenario develops, it would be wiser for the creditor not to take part in the matter, even agreeing to sell the debt. If it is possible to resolve the issue of collection through compromise schemes, the creditor must take part in the negotiations.
Of the ways to communicate to the debtor information about the need to repay the debt, the most effective and secure is a written notification that the collection process is beginning at the initiative of the creditor. Offers are better accepted if they are formalized in the form of a document, such as a proposed repayment schedule, an agreement, which the debtor receives in a certain sequence, when from the first offer to each subsequent one there is a gradual increase in pressure, and threats of increasingly stringent legal measures for collection debt. It makes sense to provide for the possibility of confirming the debtor’s acceptance of all messages sent to him.
It is important to create in the debtor an opinion about the inevitability of collection by legal methods, while listing all the rules of law that consider the right to collection and its implementation, including rules the existence of which the debtor does not take into account.
Difficulties in the collection process
Often the debtor’s resistance has no basis, but continues only because the situation has gone too far, and he commits actions that are initially useless. The debtor should be notified of such developments, indicating the possible consequences, and the actions should be stopped by legal means.
Overly emotional behavior of the claimant can also be a problem during collection. This is the irritation that the debtor causes, or, on the contrary, sympathy. All this reduces the effectiveness of the actions taken. To prevent such impacts, the situation should be viewed with maximum objectivity, without personal attitude, strictly from a business point of view.
Another mistake can create a problem during collection. This is the provision to the debtor of the first document containing a large list of threats of the most severe nature, which deprives the executor of the opportunity to further increase pressure on the debtor by listing increasingly stringent and effective measures. In addition, the threats used must correspond to the actual amount of the debt; too stringent requirements for small debts are not taken seriously. The same applies to the case when the executor of collection uses increasingly harsh methods, even realizing the hopelessness of the debt. The image of an overly harsh collector plays the opposite role and forms a pattern of behavior in the debtor in which he continues to resist and refuses to repay the debt for equally fundamental reasons. With partial repayment of the debt, the question arises of the legality of applying the previously listed measures, which makes the debtor want to receive some concessions for further collection. This most often leads to aggravation of the situation, so you should stick to the previously chosen program, considering the option of concessions only if special circumstances arise.
Debts that are considered hopeless require careful and serious treatment from a professional point of view, which makes it possible to transfer them to the category of complex, but realistically executable tasks.
Debt collection by receiptWhen the debtor is in no hurry to repay the borrowed money, it entails certain difficulties - as a rule, due to inaccuracies in the execution of the debt paper. But it is still possible to get your money back. Let's try to figure out how.
How to return money on a receipt without going to court?
Russian legislation allows for the possibility of transferring money between individuals by receipt (Article 808 of the Civil Code of the Russian Federation). But what to do if, having lent money to a friend or relative using a promissory note, you are faced with the fact that this person is in no hurry to repay the debt? If verbal persuasion to repay the debt does not work, then you should try to influence the debtor by sending him written demands (claims).
In such a claim, in addition to the main demand for repayment of the debt, it is worth mentioning that, if the debt is not repaid within the period specified in the receipt, interest will be charged on the amount of the debt in the amount of the refinancing rate in the manner provided for in Art. 395 of the Civil Code of the Russian Federation. Thus, the total debt increases as the delinquency increases. Moreover, even if it turns out that the receipt does not contain a deadline for repayment of the debt, the debt must be repaid within 30 calendar days from the date the creditor submits a demand for repayment of the debt. That is, you must first make such a demand.
At debt collection by receipt it is also necessary to indicate that if the debtor does not voluntarily repay the debt, the creditor will go to court to protect his rights. The creditor will most likely win in court, and then, among other things, the debtor will have to reimburse him for the costs incurred (state fees and other court expenses; fees for the services of the lawyer he had to contact). The creditor also has the right to declare to the court his desire to index the existing debt.
Perhaps a well-drafted claim containing information about adverse consequences will be a convincing and effective way to force the debtor to repay the debt. And the creditor will not have to study all the intricacies of litigation or resort to the help of lawyers.
Alternative and simplified methods of collecting debt by receipt
If for some reason the creditor does not want to communicate with the debtor, or send him his demands, much less go to court, he can resort to an alternative: assign his right to claim the debt. Now there are quite a lot of companies ready to buy out the debts of individuals. At the same time, by concluding an agreement for the assignment of rights of claim, the creditor immediately receives part of the debt funds (the amount depends on the conditions under which the debt collection company operates), and he will no longer have to communicate with the debtor or run through the courts. This will already be done by the company to which the debt was sold.
Don't know your rights?
If the creditor still prefers the collection agencies to the court, he can first file an application for a court order. A court order will be issued and issued to the applicant along with a writ of execution, according to which the bailiffs, having initiated enforcement proceedings, will apply various coercive measures against the debtor.
To issue a court order, a statement from the creditor and supporting documents, i.e., a receipt, is sufficient. In this case, there will be no trial, and there is no need to summon the debtor. The state fee in this case will be 2 times less than when filing a regular claim. However, the debtor retains the right to express his objections to such an order after he receives it. The debtor is given 10 days from the date of receipt of the order to do this. If objections still arise, then the court order is canceled. In this case, the creditor still has the opportunity to file a lawsuit.
But even at this stage the matter can be resolved peacefully. If the debtor realizes that the case has already reached the court and now he has no escape, that the amount of payment can now increase significantly, then in this case a settlement agreement can be concluded between the creditor and the debtor. The creditor then refuses the claim.
How to collect a debt on a receipt in court?
After filing a claim in court, the case will be considered according to all the rules provided for by the Civil Procedure Code (Civil Procedure Code of the Russian Federation). Here a trial will already take place with the participation of the parties.
Things are not always resolved promptly. Often you have to deal with the fact that the debtor himself delays the case by not appearing in court. You also need to be prepared for the fact that the debtor will challenge the receipt. Here the court will take into account the presence of various evidence of the transfer of money; appoint appropriate examinations if, for example, the debtor declares that the signature on the receipt is not his. The costs of such an examination will be borne by the debtor, unless, of course, the case is ultimately resolved in favor of the creditor.
After the court makes a positive decision in favor of the creditor, the said decision is enforced from the moment it comes into force. The execution of court decisions is regulated by Federal Law dated October 2, 2007 No. 229-FZ. The creditor receives a writ of execution from the court and submits it to the bailiff to initiate enforcement proceedings. The bailiff sends the corresponding order to the debtor. The debtor has the right to voluntarily pay the debt within 5 days. If the debtor in this case is in no hurry to fulfill his obligations to pay the debt, then enforcement measures are applied to him. Such measures may be, for example, the imposition of penalties or seizure on the existing property and property rights of the debtor (receipt of payments under various agreements, etc.), on funds received by the debtor from various sources, etc.
To summarize, we can say that in most cases it is possible to collect a debt by receipt. You just need to carefully consider all the available options and choose the most suitable one for your situation. At the same time, when transferring money by receipt, you should always remember that such a receipt must be correctly executed (See How to write a receipt for receiving funds (form, sample)?). This will greatly increase the chances of receiving the loaned money back.
In Moscow, the situation with unrepaid debts to the borrower is common. In case of non-repayment of a debt to a borrower, the law and the court protect the rights of the borrower and apply mechanisms for the debtor to repay the debt by court decision. The court defends the borrower's rights to return the funds lent to the debtor. Does the debtor have nothing to repay the debt to the borrower? The court instructs bailiffs to seize the property and sell the property. The debt of the debtor by court decision is repaid from the proceeds.
Important! A receipt (written agreement) to lend money to a debtor guarantees a court decision in favor of the borrower. If there is no receipt (written agreement) about the loan between the debtor and the borrower, it is problematic to prove to the court that the borrower lent money to the debtor. The borrower will need the assistance of a qualified attorney and strong evidence in court to force the debtor to repay the judgment debt.
Pre-trial collection of debt from the debtor
The borrower should try to solve the problem of non-repayment of the debt by the debtor with the help of a lawyer without going to court to recover the debt by court decision. The trial takes a long time, and a decision in favor of the borrower does not guarantee quick repayment of the debt by the debtor. The intervention of the borrower's lawyer shows the debtor that the borrower's intentions are serious. The presence of a lawyer motivates the debtor to repay the debt to the borrower or to seek compromises with the borrower that are convenient for the debtor and the borrower, without bringing the matter of debt repayment to court.
If a compromise between the debtor and the borrower on the repayment of the debt is found without going to court, it is important to document the agreement between the borrower and the debtor with the assistance of a lawyer or the borrower’s attorney. If the debtor continues to ignore the borrower's demands for repayment of the debt, the written agreement will become evidence for the court of the fact that the borrower has transferred money to the debtor, evidence of the debtor's refusal to fulfill the obligation to repay the debt to the borrower.
How to repay a debt by a court decision?
The debtor does not fulfill the borrower's demands and does not repay the debts? Then the borrower must apply to the court with a demand to seize the debts of the debtor by court decision. The borrower will need the help of a lawyer to draw up documents to claim the court-ordered debt in court and a quick court decision on repayment of the court-ordered debt.
A receipt (written agreement) from the debtor to the borrower for a loan of money is the basis for the forced collection of debts in court, guaranteeing the borrower a court decision in favor of the borrower and the collection of debts to the borrower by court decision from the debtor forcibly. The court sets the deadline for the debtor to reimburse the borrower. Within a specific period, the debtor must return the debts to the borrower according to a court decision. The court rarely takes the side of the debtor in the absence of compelling evidence that the borrower has transferred funds to the debtor.
The procedure for claiming debt by court decision
The debtor does not comply with the court decision and refuses to repay the debt to the borrower? The debt will be collected by bailiffs. Bailiffs withhold part of the proceeds until the debt is returned to the borrower. Bailiffs examine the property owned by the debtor and his financial assets. Bailiffs seize contributions and deposits, cars, land and real estate, valuables in order to reimburse debts and court costs. The property of the spouse is examined and the debtor's share is confiscated and the debtor's debt is paid, since property acquired during marriage is considered common.
Important! Bailiffs cannot seize housing to pay a debt from the debtor to the borrower if it is the only real estate, and also housing in which minors live or partly own cannot be alienated to pay the debt by the debtor to the borrower. Bailiffs cannot seize equipment from the social package to pay the debt from the debtor to the borrower.
Assistance from a lawyer in collecting debt through court
Every borrower will need advice from a qualified lawyer when recovering a debt from a debtor through the court. Lawyers at Pravosfera have extensive experience in litigation for debt repayment through the courts. Our lawyers guarantee compliance with the legal rights of the borrower and repayment of the debt by the debtor through the court.
