Debt recovery is a process providing several stages that are provided for by law. To recover the debt is possible on each of them. Stages are distinguished by a certain sequence of actions, and in the absence of the final result, one stage goes into another. At the same time, the actions carried out on the previous one are necessary for the onset of the following. How to realize your right and return the property or cash competently from the point of view of the requirements of the law, analyze in our article.
Pre-trial debt collection
The pre-trial procedure, conducted in accordance with the norms of the current civil legislation, increases the ability to return debt, without referring to the court. The Civil Code of the Russian Federation empowers not only certain rights, but also provides for the ability to protect them.
How to negotiate with various types For debtors, see this video:
The pre-trial debt is essentially searching for a compromise and finding out the actual intentions of the borrower. The emergence of debts is usually associated with two main reasons:
- Objective, in the presence of which debt recovery makes it difficult to pay debt due to the lack of funds.
- Subjective, which is caused by the reluctance of the person to fulfill the obligation. The motive can act as controversial nuances of the agreement concluded between the parties, and non-renewal obligations arising from the causing harm to someone else's property.
The actions of the person to recover the debt must be fixed. Therefore, all contacts with it must be done in writing. The law provides for a special procedure for pre-trial settlement of the dispute, which is called a claim procedure. It can be done by sending a claim to the claim in which it is indicated:
- details of the sender and recipient;
- writing date;
- a statement of legal relations arising between the parties indicating the right of persons to receive money, according to the contract or decision of the court on the recognition of the debtor, guilty of violating property rights;
- methods for resolving the conflict, while it is necessary to determine the period of payment, the amount, including penalties and indicate how the debt can be fulfilled;
- In addition, the claim should be noted the right of the person to appeal to defend on the court, in the event of a debtor's refusal to meet the claims set out in the claim.
It is important to know that the claim is awarded to a person personally for receipt or sent by mail with a notice of delivery.
As a result of contacts with the obligated side, it is necessary to find out the cause of the debt and, if it is caused by objective circumstances wearing a temporary nature, the dispute between the parties is missing and the person is obliged to pay funds ready to negotiate. That rational action is: installment payments or debt restructuring.
Installment payments on debt repayment
Payment of payment refers to the most soft way to solve the problem of recovery of debt. Its essence consists in returning debt parts over time defined by the parties. As a rule, the payment of payment is issued by a written agreement of the Parties, in which it must be specified:
- Date of drawing up agreement.
- Details of the parties.
- Total debt.
- The size of periodic payments.
- Dates, namely the date of repayment of all debt and the maturity of each payment.
- Signature of the Parties.
This method is beneficial primarily to the person, as it may not provide for the payment of interest for credit and penalties. However, for the creditor, the probability of the return of debt increases significantly in case of a person who is obliged to return funds there is no intent not to comply with the terms of the contract. In other words, installments when recovering debt makes sense to use only in the event of the goodness and solvency of the debtor.
On installments of payments on a court decision can be found in this video:
Debt restructuring when debt collection
The restructuring of debt, in contrast to installments, although it makes it possible to affil the person an extra time and the ability to pay the debt with parts of smaller, but affects total Debt towards its increase. In this way, financial institutions are often used, for example, banks when issuing a loan and subsequent restructuring.
Debt restructuring when debt collection is essentially changing the terms of payments. It can be carried out in three main ways:
- the increase in the period of paying the debt at the expense of the so-called "credit holidays", which are that the debtor does not pay the amount of debt or interest on it, but ultimately the money must be repaired together with interest;
- reducing the size of monthly payments, due to the increase total fulfillment of obligations, with an increase in time, the amount of interest on the loan is growing;
- changes in debt payment currency.
It is important to know that a positive point for the obligated person in all cases of restructuring is the lack of penalties, negative consequences - an increase in debt obligations.
The restructuring of debt upon recovery of debt is issued in two ways: an additional agreement to the main contract or a separate agreement.
The debt restructuring agreement primarily provides for the recognition of debt debtor and fixing its size, in addition, in the document, specify:
- Based on the occurrence of debt.
- Initial terms of debt payment.
- New rights and obligations of the parties.
- Payment schedule.
Agreement on debt restructuring when debugging is not a change in the method of execution of the obligation, that is, the initial contract remains valid, but in a modified form.
In some cases, lenders are treated with collector services for extrajudicial debt collection. IN lately A fairly popular way. In the region, such firms are growing with geometric progress.
Collective firms can professionally and effectively represent the interests of the lender, for remuneration or buy a debt entirely and already act as lenders.
Executive inscription when recovering debt
The Civil Code of the Russian Federation provides for the conclusion of a contract in writing, certified by the notary. This form is obligatory for some types of agreements, but the parties can, if desired, may assure any transaction in this way.
What is the executive inscription of the notary and in what cases it is applicable to see this short video:
If the agreement between the Parties, certified by the notary, includes a clause that the obligated person according to the delay of payment to recover the debt is in an indisputable order, the problem of recovery of debt can be resolved using the notary.
In the event of a violation of the terms of the contract in the payment of obligations, the lender appeals to the notary for the actuator.
It is important to know that the notary inscription has the power of the executive list.
This form of resolution of the problem of recovery of debt recently is popular in banking structures in Moscow. It gives the opportunity to judicial order And without additional correspondence and new agreements to return duty.
However, this form has its own minuses, namely:
- etch must be at least two months;
- the notary may refuse the executive inscription if the obligated person will send his objections within 7 days, that is, about the emergence of the dispute.
In the latter case, the conflict for debt collection is permitted in the court.
Judicial debt collection procedure
In a situation where all methods of pre-trial settlement did not lead to the desired result, you should move to the next step - the recovery of debt through the court.
The procedure provides for the following procedure:
- Collect the necessary evidence base confirming the occurrence of debt and the lack of fulfillment by the debtor's duties.
- Writing and submission to the judicial instance of the application or a claim.
- Participation in court sessions.
If the debt arose as a result of the contract, the contract itself is the proof, the entire correspondence between the parties to resolve the problem, including the claims. And in case the debt arose as a result of unlawful actions of the person, for example, as a result of an accident, the property and the debtor was recognized by the court guilty, the decision of the court will be the evidence of the court to recognize the fault of the person, the accumulated amount of damage, as well as a confirmed attempt of the affected Party to recover duty in pretty order.
More information about the judicial procedure for debt collection can be found in this video:
Through the judicial instance it is possible to reimburse not only the amount of debt itself, and the additional funds:
- penalties in the form of penalties and penalties, if they have been provided for by the contract;
- percentage for unlawful use of money provided by Art. 395. Civil Code;
- losses incurred by a person as a result of non-fulfillment by the debtor of their obligations, including legal costs.
Debt recovery through the court provides for simplified order Consideration through the issuance of the judicial order and the claim.
Ordinary debt recovery procedure
The judicial order is the sole decision of the magistrate, adopted on the basis of the claims of the lender and the evidence provided. Besides judicial order Can be used as an executive list.
Judicial practice of global vessels in the Moscow region records an increase in consideration of cases for debt collection in an order basis, since it has a number of advantages, among them:
- Accelerated consideration procedure.
- The absence of court sessions, which means the option of the appearance of the parties to the justice body.
- If there is a sufficient evidence base and in the absence of a dispute between the parties, the applicant may well do on its own and not spend money on the services of expensive lawyers in Moscow.
The disadvantages of ordinary production include the possibility of cancellation of the decision if the debtor in the term determined will receive a statement on the objection and dispute between the parties.
Claim for debt collection
The claim is provided for in a situation where the parties have a different and mutually exclusive attitude to the resulting debt, that is, relations are controversial.
How to selflessly file a lawsuit in court, you can find out in this video:
In such cases, the bodies of justice, at the place of residence obligated personals statement of claim And the production of conflict is carried out on a complete procedure providing for court sessions, an analysis of the arguments of both the one party and the other, which requires the active and competent behavior of the plaintiff. In such situations the best option will contact the lawyer companies. In Moscow, a sufficient number of lawyers specializing in declaration of debt.
The end of consideration is the case of a decision by the court. However, it should be noted that the decision comes into force not immediately. The law provides for a monthly period, which gives the parties to appeal the verdict of the Court in the appellate instance.
In addition, judicial practice in different regions of the country, including Moscow, fixes a fairly large percentage of non-fulfillment of decisions of justice authorities in a voluntary basis. In this case, the debt recovery procedure provides for the onset of the third stage - enforcement proceedings.
Executive Production Debt Recovery
Executive proceedings on the forced recovery of debt are carried out by bailiffs. It provides for quite broad powers officials With regard to the restriction of the rights of the debtor, in order to force it to pay debt. So bailiffs have the right:
- impose arrest on property;
- recover funds with the help of a compulsory write-off of money from a bank account;
- keep the necessary funds from wages;
- impose a ban on departure from the territory of the Russian Federation;
- temporarily deprive some special rights, such as the right of driving a personal vehicle.
The performers may finf by the obligated person for non-compliance with the prescriptions. In addition, all the costs of bailiffs, including on the search for a defaulter and its property, in the final total are paid by the debtor.
For errors when recovering debts, see this video:
Supreme Court of the Republic of Adygea (Republic of Adygea) - Civil and Administrative
A contract of donation, or that during the transmission of the specified share as a gift had any counter-granting provision. The loan agreement in the required writing (Article 807, 808 of the Civil Code of the Russian Federation) is not issued, receipt of receipt, the return of the loan is not presented. In addition, the court of first instance reasonably indicated that the plaintiffs did not indicate what exactly was expressed ...
Resolution No. 44G-20/2019 4G-903/2019 of September 11, 2019 in case number 2-73 / 2019
Kirov Regional Court (Kirov Region) - Civil and Administrative
The fact of the transfer of funds, refusing a lawsuit, proceeded from the fact that the parties did not conclude a written contract. These findings contradict the provisions of Article.807 and 808 of the Civil Code of the Russian Federation. In accordance with Part 1 of Article 807 of the Civil Code of the Russian Federation under the loan agreement, one party (lender) transfers or undertakes to transfer to the ownership of the other side (...
Resolution No. 44g-211/2019 4g-3687/2019 of September 11, 2019 in case number 2-2540 / 2018
2014 for six months, with a payment of interest 4% per month. Allowing the claims Shevchenko I.V. Essentially, the court of first instance, guided by Articles 807, 808, 810, 395 of the Civil Code Russian Federation, Articles 56, 60 Civil Procedure Code of the Russian Federation, on the basis of an assessment of the presented evidence, including the presented receipt from 10 ...
Resolution No. 44G-218/2019 4g-3120/2019 dated September 2, 2019 in case number 2-7808 / 2018
Volgograd Regional Court (Volgograd Region) - Civil and Administrative
Symptoms, and the borrower undertakes to return the lender the same amount of money (the amount of the loan) or an equal number of other things they received the same kind and quality. Article 808 of the Civil Code of the Russian Federation has established requirements for the form of a loan agreement, according to which the borrower or other document may be presented in confirmation of the loan agreement and its conditions.
Solution No. 2-711 / 2019 2-711 / 2019 ~ M-780/2019 M-780/2019 dated August 30, 2019 in case number 2-711 / 2019
Borzinsky City Court (Transbaikal Territory) - Civil and Administrative
Less than ten times established by law minimum size wages, and in the case when the lender is a legal entity - regardless of the amount (paragraph 1 of Art. 808 of the Civil Code of the Russian Federation). According to Art. 434 Civil Code of the Russian Federation Agreement may be concluded in any form provided for transactions, if the law or agreement of this species is not established ...
Decision number 2-4669 / 2019 dated August 30, 2019 in case number 2-2633 / 2019 ~ M-1601/2019
Dzerzhinsky District Court of Volgograd (Volgograd Region) - Civil and Administrative
The number of things received by him of the same kind and quality. The loan agreement is considered concluded from the moment of transferring money or other things. According to paragraph 1 of Art. 808 Civil Code A loan agreement between citizens should be concluded in writing if its sum exceeds at least ten times the minimum payment amount established by law ...
Solution No. 2-3124 / 2019 2-3124 / 2019 ~ M-2606/2019 M-2606/2019 dated August 30, 2019 in case number 2-3124 / 2019
Kirov District Court of Rostov-on-Don (Rostov region) - Civil and administrative
It was concluded in writing if its sum exceeds ten thousand rubles, and in the case when the Leader is a legal entity, regardless of the amount (paragraph 1 of Article 808 of the Civil Code of the Russian Federation). By virtue of paragraph 1 of Article 809 of the Civil Code of the Russian Federation, unless otherwise provided by law or the loan agreement, the lender has the right to receive from the borrower ...
Solution No. 2-491 / 2019 2-491 / 2019 ~ M-441/2019 M-441/2019 dated August 30, 2019 in case number 2-491 / 2019
Morghaus district court ( Chuvash Republic) - Civil and administrative
And its conditions can be presented to the Countain of the Borrower or other document certifying the transmission of a certain amount of money or a certain number of things (part 2 of Article 808 of the Civil Code of the Russian Federation). Thus, for qualifying the relations of the parties as borrowed, it is necessary to establish the appropriate nature of the obligation, including the achievement of the borrower duty agreement between them to return the money received ...
02.01.2019
A sample of the claim for the recovery of funds is universal for all cases when it is necessary to appeal to the Cash Court. Now almost any legal relationships are associated with monetary calculations. Money is a special tool, which is the measure of the cost of other goods and the means of payments. Therefore, claims for the recovery of money are one of the most common courts in the practice.
When contacting the court with a claim for the recovery of funds, first of all, it is necessary to decide why monetary obligationsWhat legal relationships are controversial. This will help choose a true way to protect the violated right and find the desired sample application.
Monetary obligations may arise from contracts, from harming property or life and health, due to a violation of the law or other regulatory Act. In the reference and legal system Allocations"Presented a large number of various claims, the subject of recovery on which are funds, for example:
However, not for all controversial relationships you can choose the necessary sample application, in this case you can make an application to the court for this sample. The court will independently determine the legal relationship, which arose between the parties, and will apply the law to which the monetary dispute is regulated. From the plaintiff will only need to perform a number of mandatory requirements. In the preparation of the claim for the recovery of funds, it is necessary to describe the controversial situation in the most detail. Indicate where legal relationships with the defendant began, which agreements originated, as the situation developed, which obligations and for what period were parties to fulfill. Notify how the obligations changed, who and why did they violate them, were attempts to solve the dispute in an extrajudicial manner, why it is impossible to obtain money without a court.
The claim for the recovery of money is defined by the price of the claim. For the price of the claim, the state duty is determined and paid for. We recommend using a convenient tool for calculating :.
IN ______________________________
(Court name)
Plaintiff: __________________________
(FULL NAME, address)
Respondent: _______________________
(FULL NAME, address)
Claim for the recovery of funds
«___" _________ ____. The following legal relations arose between me and the defendant (describe in detail what legal relations arose, which agreements were achieved, what the deadlines for the fulfillment of obligations were stipulated).
The defendant must pay me a cash in the amount of _________ руб., Since _________ (specify as defined money amountFrom which parts it consists, what calculations were made by the plaintiff).
I tried to get the amount due to me, but the defendant shies away from paying money, justifying his position _________ (bring the arguments of the defendant).
For receipt or through court, it is necessary to initially draw up , Pay for a state duty and send the entire package of documents to court.
Evidence in the case of debt collection
Before turning to court to collect debt, it is necessary to acquire appropriate evidence, which can be revealed during the trial. The plaintiff must prove the following:
- the presence of debt, this circumstance is proved or referenced to witnesses in this form litigation not allowed. If the lender does not have the original of these documents, even if there is a preserved copy, the court will not satisfylawsuit;
- the presence of delay in paying funds. This circumstance must be proved if the money was transferred to demand, the lender carried out this in demand, but the defendant refused to pay the debt voluntarily or ignored his requirement. Among evidence confirming the specified fact can speak sent to the debtor demanding the return of funds taken into debt;
- depending on the situation, it is necessary to prove other circumstances.
It is very important to acquire all evidence to the court, and if any proof is not obtained, then apply to the court about their recovery. This circumstance is due to the fact that the evidence that the parties were not provided in the court of first instance, it would not be possible to present in the appellate instance, the courts of the second instance are not accepted and studying the appealed business only relying on previously presented evidence.
Claim for debt collection
- the claimant claim to the defendant . This document can be written from hand or printed on a computer, is converted in three copies: one for the defendant, the second for the court, the third must be saved, during the trial it will be possible to navigate in the event chronology, as well as in the requirements.
Legislation places certain requirements for the claim, this document shall indicate: the requirements of the plaintiff, the name of the court, the name of the plaintiff and the defendant, their place of residence, the circumstances to which the plaintiff refers to the documents confirming the facts information. All this should be done with reference to current legislation, unambiguously interpreted in favor of the lender.
During the process you can To clarify, for example, if the size of the penalty was charged at the time of drawing up the claim, during the process, the penalty can be increased by counting on the appropriate date of the court session, while it is necessary to pay the state duty for increasing the claims.
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Recovery of debts through court from an individual
IN It is carried out in the court of general jurisdiction at the place of residence of the defendant, if the territorial jurisdiction has not been changed by the Agreement of the Parties. Depending on the price of the claim - the size of the requirements, the claim is submitted to the world court or district. The lawsuit is submitted to the world court if the price is less than fifty thousand rubles, if the price of the claim exceeds the specified amount, then the claim is submitted to the District Court.
Predit is signed by the plaintiff or the representative authorized by him and is submitted to the court in two copies, as well as copies of the documents attached to it. One package of documents does not leave the court, and the second directs the respondent (unlike the Arbitration Court).
State duty for the recovery of debt with individual
The size of the state duty for the recovery of debt through the court from an individual depends on the price of the claim and can vary from 400 rubles, up to 60,000 rubles.
The calculation of the state duty is specified in paragraph 1 of paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation
1) when applying for a claim property Character, administrative statement of the property of the property to be evaluated, for the price of the claim:
up to 20,000 rubles - 4 percent of the price of the claim, but not less than 400 rubles;
from 20 001 rubles to 100,000 rubles - 800 rubles plus 3 percent of the amount exceeding 20,000 rubles;
from 100 001 rubles to 200,000 rubles - 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles;
from 200 001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles;
over 1,000,000 rubles - 13 200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.
Judicial proceedings
After receiving the claim, the court of general jurisdiction makes one of the definitions within five days:
- on adoption for the production and appointment of the court session (Art. 133 Code of Civil Procedure of the Russian Federation);
- leaving the claim without movement (Art. 136 Code of Civil Procedure of the Russian Federation). This definition is made in the event that there are any errors in the lawsuit;
- return to the plaintiff's documents (Art. 135 Code of Civil Procedure of the Russian Federation). The mentioned definition is accepted in case the case is obvious to this court.
- refusal of acceptance (Art. 134 Code of Civil Procedure of the Russian Federation). The specified definition may be made in the event that the case between these subjects, according to the specified requirements and grounds, was previously discussed and there is a court decision.
When making definition about leaving Without movement, the plaintiff must be eliminated the reasons that the court considered preventing the definition of the appointment of the court hearing.
If the decision of the court on acceptance To production, the case should be considered within 1 month by the World Court (from the date of the claim for production) and within 2 months by the district court (from the date of receipt of the application to the Court).
In the courts of general jurisdiction, the first court session is most often considered the main one, so the parties should be carefully prepared for the process: to recall the chronology of events, remember the evidence confirming their positions, if necessary, prepare clarification etc.
If the case is not difficult and all the evidence is presented to the Court, the trial may confine ourselves to one court session, during which the court decision will be made in the operative part. If the case is considering the world court, then it is limited to the operative part, the parties must apply for the decision of the court in the whole (including the motivative part), this action will facilitate the ability to appeal the decision of the court if it took place not in their favor. The petition for the decision of the court decision with the motivation part may be filed by the participants of the process within five days.
Appealing the decision of the court on the case of recovery of debt
Court decision by It may be appealed by the parties to the Higher Court within a month from the date of his submission. The decision of the World Court appeals in the district court, and if the court of first instance was the District Court, the appeal is filed to the Supreme Court of the subject (for example, in Kazan, this is the Supreme Court of the Republic of Tatarstan).
The appeal against the decision of the court of first instance is filed through the court, which made a decision on the case.
The superior instance is not revised by the whole thing, but only studies the legitimacy of the case by the subordinate court. The process itself in the court of the second instance most often does not exceed one court session.
Debt collection from a legal entity and IP through court
Debt recovery from a legal entity or IP It is carried out in the Arbitration Court at the location of the defendant, if the parties did not change the jurisdiction. Often the debts of legal entities arise not because And because of economic activities with counterparties, for example, due to the violation of the terms of payment under the contract of delivery or contract.
When preparing for a lawsuit on the recovery of debt in the arbitration process, it is necessary to set out the chronology of events and prove the court on the presence of periods of delay in the mutual settlements of the parties. We recommend to make a settlement for a separate period, the court will be easier to understand these calculations.
State duty for the recovery of debt from a legal entity or IP
The state dresses in the arbitration court for consideration of the case on the recovery of debt more than in the court of general jurisdiction (from two, up to two hundred thousand rubles).
The size of the state duty on arbitration disputes is established in paragraphs 1 of paragraph 1 of Art. 333.21 of the Tax Code of the Russian Federation
1) when applying for a claims of the property to be evaluated, for the price of the claim:
up to 100,000 rubles - 4 percent of the price of the claim, but not less than 2,000 rubles;
from 100 001 rubles to 200,000 rubles - 4,000 rubles plus 3 percent of the amount exceeding 100,000 rubles;
from 200 001 rubles to 1,000,000 rubles - 7,000 rubles plus 2 percent of the amount exceeding 200,000 rubles;
from 1 000 001 rubles to 2,000,000 rubles - 23 000 rubles plus 1 percent of the amount exceeding 1,000,000 rubles;
over 2,000,000 rubles - 33,000 rubles plus 0.5 percent of the amount exceeding 2,000,000 rubles, but not more than 200,000 rubles;
The state duty is paid for the details of the Arbitration Court, which can be found on his official website.
Security measures
If there is reason to believe that without committing urgent security measures with an arbitration court, to fulfillclaim It will be impossible, the party may apply for this (Art. 90 of the APC RF). An example, if it became known that the defendant, in the presence of large debt, sells all its property, the plaintiff may apply to the imposition of arrest on the registration of alienation of real estate objects. With this petition, you must pay the state fee.
In practice, security measures are taken by the court in the event that counter support (Article 94 of the APC RF). The oncoming provision means making money on a deposit of funds, as requested by security measures, which in case the claim is denied and the defendant will incur damages due to the provision of the claim, the defendant will be committed to compensation.
Judicial proceedings on recovery of debt from a legal entity or IP in the arbitration court
Judicial proceedings in the Arbitration Court begins with the definition of the adoption of the claim for production, it is submitted by the judge if satisfy the requirements of the law, complied with Also, the plaintiff sent a copy of the statement of debt recovery with attached documents to all participants in the process. If the plaintiff did not accomplish the above actions, the court makes a definition of leaving the claim without movement(Art. 128 APC RF) And suggests the recoverer to eliminate the reasons for preventing the consideration of the claim. If the plaintiff does not eliminate these reasons, the court will return the statement of claim that will not be an obstacle to re-filing the claim. Often, the plaintiffs specifically submit a lawsuit with violations (for example, do not pay state duty) to show their determination to the counterparty and thereby stimulate him to pay voluntarily.
If the plaintiff is in another region than the defendant, then it may apply for a request for participation in the process by video conferencing (Article 153.1 of the APC RF) to the statement of claim.
Often the first court session in the case of Considered within the first two weeks from the date of receipt to court. Unlike the court of general jurisdiction, the first court session in the Arbitration Court can be recognized as preliminary, especially if one of the parties did not come to him.
Appealing the decision of the court on the case of recovery of debt from a legal entity
The decision of the Arbitration Court of the first instance may be appealed to the appeal (within a month) or cassation (in a six-month period, when trying to appeal in the appeal). Appealing The decision of the court occurs through the court considered the case.
During the appeal, it is not allowed to refer to new evidence, as well as changes in the claims. Therefore, it is important to collect and present all the evidence in the court of first instance.
An appeal or cassation appeal must be attached to the document testimonial state duty, the size of which is three thousand rubles (p.4, paragraph 12 of Art. 333.19 of the Tax Code of the Russian Federation), as well as documents confirming the direction of complaints by other participants in the process.
Simplified judicial proceedings for debt collection
If the claimant's requirements are indisputable, all the necessary evidence has been collected and he is confident that the court will decide in his favor, then you can write a statement about the consideration of the case in the order of simplified production.
This procedure is provided for by both the Arbitration Procedure Code (Chapter 29 of the APC RF) and the Civil Procedure Code (Chapter 21.1 of the Code of Civil Procedure of the Russian Federation).
To consider the case in a simplified manner, it is necessary to send a corresponding application to the court with the attached documents, among which the document confirming the payment of the state duty in the amount of 50% of the fee, which the plaintiff would have paid when the claim is submitted within the framework of normal production.
Legal services to recover debt in court
Our lawyers specializing in judicial will help you win the case in the courts of Kazan. Extensive experience in doing business in courts to recover debts in Kazan, knowledge of the practice of Kazan courts, including the Arbitration Court of the Republic of Tatarstan, allows lenders when contacting us for legal assistance to recover debts in court to be calm for the result.
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What are the features of the simplified procedure for debt collection? As the debt collection service under the return of debt utilities? When and who is possible to buy debts?
Hello everyone who visited our site! With you an expert - Denis Kudarin.
We continue the cycle of articles on loans, debts and their timely return. The topic of this publication is the "debt collection". The material will be interesting to both debtors and lenders.
Those who will read the article to the final, waiting for a guaranteed bonus - tips, how to behave with the debt collection to avoid trouble and maintain mental health.
1. What is debt collection?
IN last years In connection with the deterioration of the economic situation in Russia, many citizens decreased the level of income.
At the same time, prices for services and goods are constantly growing, which adversely affects solvency and the ability to pay debts in a timely manner, including loans and loans.
According to economic dictionaries, debt - This is the money amount taken by one person from another person for a specific period on certain conditions and in obligatory Return.
The final part of the definition is especially important. The debt must be returned completely - with interest due and in set time. The non-return of debt will attract the accrual of fines, penalties for delay, other sanctions from the lender.
But what to do, when the debtor does not return debts? In this case, the lender is entitled to initiate a debt collection procedure.
There are three stages or variations of debt refund:
- pre-trial procedure;
- judicial;
- extrajudicial.
The lender is entitled to take advantage of any of the debt refund methods, which will consider it necessary. The most preferred option for both sides is a pre-trial settlement of the dispute. In this case, there are no costs for legal proceedings and reduces the time of the recovery procedure.
In some situations, the creditor is more profitable to initiate judicial proceedings. Financial organizations And individuals can recover debts in a simplistic order. For this it is necessary that the situation satisfies certain conditions.
For example, you need a loan agreement providing. Or it is necessary to unconditional recognition of the fact of debt by the debtor itself or the presence of a receipt as an indisputable proof of the transfer of money.
In such cases, the ordinary production is initiated, which, unlike the executive, is carried out in an accelerated mode and does not require the presence of the defendant to court session. The result of accelerated office work is an order for the forced recovery of debt or the extermination of the property of the debtor.
Since January 2017, the recovery of debts for the "communal" authorized structures have the right to produce in a simplified manner. Organizations are initiated by a trial, court on the basis of presented evidence issues an executive list, which is sent either directly to the debtor's bank, or at the place of its work.
As a result, the required amount is charged from the account or salary of the non-payment. At the same time, no one asks the consent of the procedure for the procedure - the decision is made in unilaterally. True, the citizen has 10 days to appeal a court decision.
The procedure is being made against malicious defaulters whose debts exceed a certain amount. In the same way, authorized structures have the right to act with debtors-alimenters.
More details on this topic - in the article "".
2. What are the types of debt collection - 3 main types
Lenders have the right to return their funds by any ways - of course, within the law. In turn, the debtor has the right to offer his calculation option if he does not have time to return the money at a reasonable term.
Now more about the most common debt recovery methods.
View 1. Pre-trial recovery
The pre-trial recovery procedure allows the creditor to return its funds without attracting a court. To do this, the lender must be convinced by the debtor that the debt will still have to pay, but it is better to do this without attracting third parties.
If a refund on a designated term for some reason is impossible, the parties agree on the transfer of "Iks Hour" at a later time or agree on the restructuring of the loan. In this case, crediting conditions change.
View 2. Judicial recovery
Judicial proceedings - very effective method Return of funds provided that the fact of money transfer is documented and proved. In the case of bank loans with evidence, there will be no problems, because at the hands of creditors - a contract decorated according to all the rules.
In the case of private loans, the main proof is the receipt, also compiled by all the rules. If there is no such receipt, the chances of winning the case are declining. To prove the fact of debt, we need witnesses or other confirmations of money transfer.
The evidence is considered:
- internet recalculation of the corresponding content;
- SMS messages confirming the fact of debt;
- audio and video recordings.
The result of a trial successful for a lender is an executive list or an order for a compulsory return of funds. The debtor has a legitimate right to protest the court decision within the prescribed period.
True, the presence of an executive list does not guarantee a hundred percent refund. This document still needs to "cash out". The executive list is transmitted bailiffs, And those choose the most appropriate method of recovery.
For example, they can arrest the property of the debtor, to then sell it from the auction. Either the sheet is sent at the site of the borrower service, and funds are written off from his salary. The document can be transferred to pension Fund, in educational institution or to the debtor's bank, if there is a fund of the funds.
Type 3. Extrajudicial penalty
The lender has the right to move the debt to third parties - companies that are professionally engaged in the return of debts. These organizations are called collecting agencies. They operate on a commercial basis and for their services take up to 50% of the debt.
The transfer of procedures for recovery to third parties is particularly popular with banking institutions. IN loan agreements Usually there is an item that gives the right to banks to resort to such a way to influence the debtors in case of non-fulfillment of the fullest obligations assumed.
Fortunately for negligent payers, the powers of the recovers have recently been strictly limited by law. In essence, they have no more rights than the employees of the so-called call-centers of banks. Their main function is to inform the client about the occurrence of debt.
Declars are prohibited:
- threaten the health and property of citizens;
- to humiliate the dignity of the debtor;
- refer to certain categories of citizens - in particular, to children of children up to 1.5 years and pregnant women;
- enter the debtor misleading about the debt;
- worry more than three times a week.
In a civilized society, a professional collector is not a threatening figure, and a kind of "debt doctor", which helps "patients" find the most reasonable way out of the current situation.
Of course, professionals have their secrets and tricks, helping them to succeed, but a person with minimal legal literacy is able to effectively withstand the pressure of the recovers and protect their legal rights.
The table disadvantages and the advantages of each of the debt collection methods are presented in a visual form:
| № | Recovery method | Benefits | disadvantages |
| 1 | Pre-trial | The lender is not spent on legal costs | Return is not guaranteed |
| 2 | Judicial | High probability of refund | The trial requires time and money |
| 3 | Extrajudicial (assignment to third parties) | Professionals are engaged in debt returns | For your services, collectors take up to 50% of the amount of debt |
3. What instruments are used to recover debt?
With the types of recovery figured out, now let's get to the tools.
Banks and individuals use many options for influencing the debtor. The main goal of such events is to constantly keep the recipient of the loan aware of the existing debt and motivate it to return funds.
1) calls to the phone
Calls the debtor is the first thing to make employees of banks when detecting delay. First call to mobile or home phone Distributed during working hours.
The first conversation in most situations is in polite tone. No one will immediately scare you with sanctions and fines, threaten the transfer of debt to collectors and in general to put pressure on the psyche. You will just learn about the presence of debt and indicate a specific time when the debt needs to be repayed.
Further conversations will be tougher and concrete. You can invite you to a conversation in a banking organization to settle a question voluntarily. If you continue to ignore the lender offers, it has the right to switch to the next phases of exposure.
2) SMS informing
In addition to calls, lenders and their representatives use the SMS-informing of the debtor. The content of such messages varies from extremely restrained to close to the threatening.
Examples
"To avoid calls, your employers will urgently pay a loan debt. Sincerely, Bank NNN.
"The longer you do not pay, the more your duty becomes. On the this moment It is 50,555 rubles. "
"If before January 15 of this year you do not pay the debt, the bank will make you blacklist of malicious defaulters."
Council debtors - save all messages from the bank. Can be useful in trial.
3) letters
Another type of impact - letters. They are also neutral in content and threatening. In the latter case, save the document - again, to show in court if it comes to the proceedings.
4) Departure of the Bank employee to the house or the work of the debtor
If within a month-two calls and letters did not have an action, the lender resorts to more efficient procedures. Representatives of the bank or private ledl holders can come to the house to the borrower or contact the place of work.
Again, threaten property, and even more so the debtor's health, no one has the right, but to cause psychological discomfort, the feeling of shame and the desire to pay for debts such events can. And this to the lender is already enough.
5) attracting collector agencies
As a rule, banks do not sell debt directly collectors either do it in extreme situations. Typically, the recovers operate on the basis of the Agency Agreement with the Financial Company.
That is, collectors, in fact, act as representatives banking organizationsAlthough they act at the same time.
Not always, the actions of the recovers are limited to the legal framework. Even if they do not resort directly to threats and personal contacts, they can search for a compromise in the debtor, clarifying its financial position, communication with relatives and employers.
For example, they can meet with the parents of the non-payment and in all the colors to paint them the consequences of non-return of debt. Or open the leaflets of the appropriate content in the entrance and on the doors.
4. How is the recovery of debt - 7 main stages
Returns of debts in a situation where the debtor is not lit by the desire to pay as soon as possible, represents a phased and long-term event.
Consider the main stages of this process.
Stage 1. Conducting debt analysis
The first thing the creditor needs to analyze the current situation and try to find out why debt has been formed. Perhaps the debtor is not able to return debt on a designated term as a result of force majeure circumstances, illness, dismissal.
If so, it is worth inviting him to restructure a loan and move the return time. Sometimes such a procedure is beneficial to both parties.
It happens on the contrary - the debtor says that he has no money, and his photographs of a recent holiday abroad in social networks. The lender must track such facts and choose best strategy behavior.
Stage 2. Notice of the debtor and clarifying the reasons
The debtor should know that the lender has not forgotten about him and is waiting for his money back patiently. For this, bank employees or private individuals inform their "client" about the presence of debt or delay. We have already spoken about the tools of influence - calls, SMS messages, letters.
Stage 3. Direction to the debtor claim for non-payment
The next step is an official complaint. It is needed not only for notifying the debtor, but also acts as an official document in the trial. Paper confirms that the recovery was made in all the rules.
The claim is compiled in free form, but the debtor data, the amount of debt, date and timeline must be specified in it. If it comes to the court, this document will need to be attached to.
Stage 4. Attracting collectors
If the stages listed above did not bring the result, the lender has legal right to contact third parties - collectors. These people know how to overshadow life even an incorrigible optimist.
Another thing is that legal funds in their arsenal are not so much - fortunately for the debtor and to disappointment for the creditor.
Stage 5. Direction notice of preparation of the transfer of the case to court
If the recovere understands that all the impact methods are unsuccessful, it remains only one way out - to go to court. Make it is entitled not only by banks, but also individuals, as well as collectors or hired by the lender.
But first, the debtor will definitely send a notice that the lender has exhausted all the methods and is forced to initiate a trial. The defaulter will give the last chance to repay the debt - for example, within 10 days. If he does not do this, the ships can not be avoided.
Stage 6. Preparation of debtor documents for transfer to legal department
To confirm the rights to recover debt, a bank or private person must prepare a package of documents. This includes contracts, receipts, debentures, Property transfer acts, invoices.
It will also be necessary for evidence of appeal to debtors with a request to return debt - copies of letters, claims, postal receipts.
Stage 7. Trial
Debt cases - the most common processes in civil judicial practice. The claims are accepted quickly, but the trial itself often lasts for several months.
In a number of situations, a simplified procedure for consideration of the case and decision making is allowed. However, in any case, the presence of an executive list or order is not yet a guarantee of the return of money. The execution of a court decision is a separate step of recovery, the duration of which is unable to predict any lawyer.
For a more visible view of the methods and stages of debt collection, see the short roller.
5. Who is being recovered debt - Review Top 3 Services for the provision of services
If the lender does not want or does not have time to make debt recovery independently, it delegates this process to professional organizations.
Especially for our readers, we have prepared an overview of the three most reliable and competent companies of such a profile.
Residents of Moscow to resolve questions about the recovery of debts will help the lawyer of Noskov Igor Yuryevich.
Pre-trial settlement of a debt dispute, a court decision, the actual debt claims - any of these situations requires the participation of a professional with extensive experience and extensive portfolio of successful cases that can understand the situation and advise any of the parties.
To make an appointment with Igor Yuryevich, by filling out a simple form on the site. After sending an application with you will be contacted within 15 minutes.
Professional lawyers and lawyers of this organization provide citizens and legal entities A full range of debt return services. Fully representatives of the "credit law" use only legitimate methods in their work.
They assess the situation from a legal point of view and develop the most effective set of measures in a particular situation. Lawyers will help resolve a dispute in pretrial order, will provide support in court and accelerate the process of enforcement proceedings after making a decision.
International Collector agency deals with debt disputes and refund since 1995. The organization holds, works with private lenders and takes care of the most difficult on the legal point of view.
In particular, the client will not receive a refusal, even if the debtor went abroad or hiding. The company will help with the return of funds and in the event that the limitation period has passed or the lender has no documents confirming the fact of transferring money. If you do not know, just call the ICA and get advice.
OPG is a board of lawyers working since 2001. The main direction is the protection of entrepreneurs and commercial structures. The company accumulates debts, conducts bankruptcy procedures and liquidation of enterprises, protects customers in court and helps in any legal disputes.
In the state of the company - lawyers, lawyers, arbitration managers, professional appraisers and experts. All employees have extensive practical experience and qualifications confirmed by diplomas and certificates. The cost of debt return services is from 9,000 rubles.
6. What are the deadlines for the recovery of debt?
The lawsuit is the deadline for which the lender has the right to apply to the court for debt disputes. According to civil law, such a term is equal to 3 years.
The report begins with the first day of delay in payment. The limitation period for percentages is calculated separately from the principal amount. If the plaintiff has a valid reason, the statute of limitations by the court decision can extend.
So, if the lender discovered the debtor's failure to fulfill his obligations, he has the right to file a statement of claim for 3 years. In the case of bank loans, the report of the statement Begins from the moment the last payment by the client is making.
7. How to behave with debt recovery service - Useful tips for debtors
And in conclusion - several useful Soviets debtors. Give debts - this is, of course, right, and not to give up is not good. However, in life there are different situations - including such when it is not possible to return the money.
