Situations where the debtors are in no hurry to return debt - not uncommon. In such cases, you have to seek protection in court. A judicial recovery of debts is a complex process that requires legal knowledge. It will not be possible to safely settle such a conflict without professional assistance, especially when the debt is recovered under the Service Agreement.
Procedural procedure for debt
To claim money through the court, the law allows you to use two ways:
- Obtaining an order.
- The excitement of the claim.
The first option allows you to solve the problem faster and easier, but judicial recovery Debt will not always be successful. To do this should be checked documenting Transactions, due to which the dispute arose. If the contract is issued, and the requirement is indisputable - proves with papers, then get this judicial document will not work.
If the rules on the form of the agreement are violated, or the amount of requirements exceeds maximum limit In five hundred thousand rubles (Article 121 of the Russian Code of Civil Procedure), then the statement of claim will be to begin.
Step-by-step instructions for receiving an order
A judicial recovery of debt in such a process begins with submitting an application for the issuance of an order. It is served at the place of residence of the defendant, if other rules are not established by the contract, according to which the debt originates. With the requirements of up to fifty thousand rubles, contact the world judge. If the amount of larger size is charged, then the statement is already required to the district court.
It should be specified:
- The name and address of the judicial instance.
- Personal information of the parties to legal relations that require protection.
- Applicant requirements.
- Documents establishing the right judicial debt recovery.
- List of documentation attached to the application.
If in ten days, after receiving a copy of this paper, the debtor will not send objection to the court against its execution, the order is considered to have entered legal force And the judicial recovery begins. He performs at the same time executive documentAnd it is allowed to immediately direct the bailiffs for execution.
For the issuance of the order will have to pay a fee in the amount of half the amount paid by initiating the claim with a similar amount of requirements.
How to return money in lawsuit?
In the situation of making the debtor arguments against the execution of the order, or with the amount of debt more than five hundred thousand rubles, the recovery of debt in court occurs in the order of claim. In rare cases, the recovery of debts without trial can be initiated.
This is a claim for this. Articles 131 of the Russian Code of Civil Procedure establishes the requirements for the design of the claim.
It is necessarily prescribed:
- The name and address of the court.
- Information about the sides of the disputes.
- Conditions of violation of the rights or interests of the applicant.
- Circumstances that entail a judicial recovery of debt.
- The total cost of claims.
- On the direction of the pre-trial claim, if its disposal is obligatory.
- List of applied to the suit of securities.
If the statement does not indicate all this information, it will not be possible to initiate the consideration of the dispute, even if the debt is recovered in the arbitration court.
The proof is worth attaching to the claim:
- The right to demand a return debt.
- Debt size.
- Calculation of the amount of the claim
- Payment state duty (It is calculated according to the rules of Article 333.19 of the Russian NK).
- Powers to represent the interests in court (if the lawsuit on the judicial recovery of debt is filed through the attorney, and not independently the plaintiff in the case).
Based on the claim, the court begins a case to consider the controversial situation. The prosperous recovery of debts in the court depends on the specific circumstances of the conflict and behavior of the participants in the process. Without the preparation and legal knowledge of the desired result, it is difficult to achieve, so it is important to stock support for a competent lawyer at the stage of design and submission to the court.
Stage execution of the decision
All judicial recovery ends with the execution of the act of justice. Law (FZ №229 from October 2007) permits the debtor to fulfill the decision voluntarily and determines the measures forced claims money People who are unwilling to fulfill their obligations.
The executive stage of recovery from receipt begins executive Sheet. He is drawn up by the judge, considered the case, after joining legal force verdict. This time is provided for appealing the document, if the debtor does not agree with him.
The executive list is transferred to the bailiffs that begin the judicial recovery of debts and initiate production. To begin with, the debtor is given time for the voluntary payment of awarded judge, then the performers commit actions (only those that permits the law) aimed at compulsory fees.
They pay for a salary, property, deprive the rights of car management or prohibit travel abroad - do everything that provides for the judicial recovery of debt.
Judicial practice on the fulfillment of monetary obligations
When considering disputes on the return of debt, the courts proceed from the provisions of the Law on the mandatory implementation of monetary obligations, Therefore, they make a decision in favor of the plaintiffs. But the procedure begins with the filing of the claim for the recovery of debt under the Agreement.
So, the court of Leninsky district of Ufa, examined the materials of the case on the application of Fathutdinova N.P. To Ponomarev A.D. On the recovery of debt under the loan agreement, installed:
- The parties to the dispute concluded a loan agreement in the amount of 90,000 rubles. According to his conditions Ponomarev A.D. He undertakes to return debt to a specific date and pay 40% of the amount of the loan for the use of money. Ponomarev A.D. The obligations assumed did not fulfill and returned Fathutdinova N.P. Only 12 thousand rubles.
- Ponomarev A.D. The case did not come to the case, there was no evidence of the return of borrowed funds.
- The court checked the correctness of the execution of the transaction, the calculation of the amount of interest for the use of money, the amount of penalties for violation of the debt return period.
After studying all materials, the court satisfied the lawsuit, and recovered with Ponomareva A.D. The amount of the loan, interest for its use, penalty for the delay in the execution of the contract.
If you do not return to the debt money, and you do not know how the debt is charged by the court decision, contacting the site, you decide all your problems.
Employees of the portal site are lawyers who will help initiate judicial protection of property interests. All questions of experienced professionals will answer for free, you can ask a question a lawyer for free. And if a deep analysis of the situation is needed - paid services will be offered.
Going to the site site, you will learn about the recovery of debt, you can protect property interests quickly and efficiently.
Recovery of debt on receiptWhen the debtor is not in a hurry to return money taken, it carries certain difficulties - as a rule, due to inaccuracies in the design of debt paper. But returning money is still possible. Let's try to figure out how.
How to return money on a receipt without a trial?
Russian legislation allows money transfer between individuals On the receipt (Art. 808 Civil Code RF). But what to do if, lent money to a friend or a relative for debt receipt, did you encounter the fact that this person does not hurry to return debt? If the oral beliefs will not return the debt, then you should try to influence the debtor by sending it written requirements (claims).
In such a claim, in addition to the basic demand for the return of debt, it is worth mentioning that without refunding the debt into the amount provided for in the receipt, interest will be accrued in the amount of the refinancing rate in the manner prescribed in Art. 395 Civil Code of the Russian Federation. Thus, the total debt increases as the delay increases. At the same time, even if it turns out that the receipt does not contain the deadline for the return of debt, the debt must be returned within 30 calendar days From the moment the creditor has the requirement for the return of debt. That is, you must first prevent such a requirement.
For recovery of debt on receipt It is also necessary to indicate that if the debtor does not voluntarily return the debt, then the lender will appeal to the protection of his rights. The court lender is likely to win, and then, among other things, the debtor will have to refund him and incurred costs (state duty and other court expenses; Payment for the lawyer's services to which it was necessary). Also, the lender is entitled to declare his desire to index the debt.
Perhaps a competently compiled claim containing information on adverse effects will be a compelling and effective way to force the debtor to return duty. And the creditor does not have to learn all the subtleties of litigation or resort to the help of lawyers.
Alternative and simplified methods for the recovery of debt on receipt
If the lender does not want for some reasons to communicate with the debtor, nor send him his demands, neither, especially, to go to court, he can resort to an alternative: to render its right to demand a debt. Now there are quite a few companies, ready to redeem the debts of individuals. At the same time, concluding a contract of assignment of the rights of claim, the lender immediately receives a part of the debt funds (the amount depends on the conditions on which the debt collection company works), and he will not have to communicate anymore with the debtor or run through the courts. This will already be done by the company that the debt was sold.
Do not know your rights?
If the lender is still preferred collector agencies The court, he for a start can submit a statement of a judicial order. The judicial order will be rendered and issued to the applicant together with the executive list for which bailiffsBy expuling enforcement proceedings, apply various forced measures against the debtor.
To make a judicial order, there is enough statements of the lender and supporting documents, i.e. receipts. There will be no legal proceedings in this case, the debtor's challenge is also not required. The state duty in this case will be 2 times less than when applying a normal claim. However, the debtor remains the right to express his objections to such an order, after he receives it. This debtor is given 10 days from the date of receipt of the order. If objections still be the case, then judicial order canceled. In this case, the lender remains the opportunity to submit a lawsuit.
But at this stage, you can solve the world. If the debtor realizes that the case has already reached the court and he now does not go anywhere that the amount of payments can now increase at times, then in this case it is possible to conclude a global agreement between the lender and the debtor. The lender refuses the claim.
How to recover debt on receipt for the court?
After the presentation of the lawsuit, the case will already be considered in all the rules provided for by the Civil Procedure Code (Code of Civil Procedure of the Russian Federation). Here will be a trial with the participation of the parties.
Not always affairs are solved promptly. Often it is necessary to face the fact that the debtor himself delays the case without being a 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 availability of various evidence of money transfer; Assign the relevant examination, if, for example, the debtor will declare that the signature does not receive it. The cost of holding such an examination will bear the debtor, unless, of course, the case will eventually decide in favor of the creditor.
After the Court decides a positive decision in favor of the creditor, the specified decision is executed from the moment of its entry into force. Execution court decisions regulated Federal law from 02.10.2007 No. 229-FZ. The lender receives an executive list in court and transfers his bailiff for arousal executive proceedings. The attractive guides the debtor appropriate decree. The debtor has the right to voluntary debt payment within 5 days. If the debtor and in this case is in no hurry to fulfill its duties on the payment of debt, then the measures of compulsion are applied. Such measures can be, for example, the imposition of penalties or arrest on the property and property rights of the debtor (receipt of payments for various agreements, etc.), funds received by the debtor different sources etc.
Summing up, we can say that you can recover debt on receipt in most cases possible. It is only necessary to thoroughly think over all available options and choose the most suitable for its situation. At the same time, passing money on a receipt, always need to remember that such a receipt must be competently decorated (see how to write a receipt in receipt of money (form, sample)?). This will significantly increase the chances of obtaining a loan transferred back.
There are often cases when familiar or friends are asking for money borrowing, and few people come to mind messing with receipts or loan witness.
So there was a society that for friends and acquaintances nothing is pity, but the consequences of such a loan can not only spoil friendship, but also to influence the financial situation of the Savior himself.
Oral treaties have their own danger, not giving guarantees to the fact that the debt will be returned.
This practice exists even in a family circle, but if it is 10-20 rubles - the loss is small, but if the amount exceeds 1000 rubles - it makes sense to think. Why people cannot or do not want to return a cash loan, and also how to return debt without receipt and witnesses legally, learn later.
How to knock the debt from the debtor without receipt? If the fact of transfer of money was not recorded and documented by a third party, debt recovery turns into a real problem.
It is extremely difficult to prove when to whom and how much you lent if there is no evidence. However, human rights defenders argue that the legislation is capable of supporting, as well as create all the conditions for the debt to be returned.
There are three basic debt recovery methods that have legal grounds. Among them:
- statement to the police about the fact of fraud;
- trial;
- world Agreement.
It is recommended that these debt return methods are recommended because they are not only legal, but also do not pose a threat to the life and health of the borrower (as it happens in the case of the use of collector services services).
The most cruel and dangerous for both sides are collector services. For a certain amount, specially trained people are ready to literally knock money and find them where they are not. It is better not to communicate with such organizations that do not work legally, and can harm the life of the borrower. Whatever it was, but no money will be replaced. good friend And Comrade, not to mention relatives. Consider the methods for collecting funds that are more effective, as well as in the framework of the law.
At the moment of debt recovery, it is extremely important to take into account the moral side of the situation. If a person who needs money is indeed in a difficult material situation, and does not deny this, you can try to negotiate.
For example, divide the amount of debt for a certain amount of time. So return 500 rubles per month is easier than 2000 immediately. If there is no confidence in the borrower, you can refer to the notary (third party), which documented the debt fee contract.
The most optimal option is to appeal to a notary, which will make a settlement agreement, indicating the rights and obligations of the two sides, indicating:
- the return period of the loan;
- amount;
- the consequences that entail responsibility in case of refusal from further debt payment.
You can also make a receipt in which the borrower himself will indicate that he took money into a loan from a particular person (specifying its full name and surname, a year of birth and the actual address), and also undertakes to return it to the specified time. The document has the strength after the recession of the notary, as well as in the future can be used in court as material evidence.
If a person, on the contrary, is hidden, replaced the place of residence, or affords contacts, then it is not necessary to do without a trial.
First of all, you need to try to negotiate yourself. This will not cause further disorders in relationships, and will not spoil the reputation to both parties. Law enforcement agencies are an extreme case when the situation really came out of control, and requires third party interference.
No need to be afraid to defend your rights. Many people are ready to forgive large amount To your debtor, only to avoid the output of the situation to the public.
In addition to the fact that money will be returned, you can also qualify for moral compensation that the borrower will surely pay if its wines in non-payment will be established by the court.
Appeal to the police
If the borrower, without justifying the cause, refuses to return debt, you can contact the nearest police station and write a declaration of fraud, in which you specify all the details of the situation.
For a certain time, it will be considered, and the borrower will cause interrogation, on the result of which the further course of action depends.
During the interrogation, if the borrower will categorically deny the fact of money loan, the investigator will transfer the case to the court, where further proceedings will be carried out.
Usually, in the police station, the borrower makes it possible to understand all the severity of the situation, as well as the burden of the responsibility that expects it in case of further refusing to recover the debt. If after these beliefs "WHO and now there", then the court is engaged in further proceedings.
Lawsuit
Consider how to pick up money from the debtor without receipt through the court.
If the amount is serious, and the borrower behaves in Hamski, categorically refusing to return the money received in the loan, you can skip the previous item, going straight to the court.
A judicial application is desirable to reinforce any evidence, among which you can use:
- Audio and video recording of conversations in which the borrower himself does not deny the fact that it should money, as well as exactly.
- Records with voice recorders that confirm the fact that the borrower does not want to return debt, as well as the reason for this.
- Correspondence on the Internet, as well as SMS messages in the phone.
The more evidence is collected, the faster it will be a matter of recovery of debt. There will be no superfluous facts that the borrower is quite capable of returning debt. It may be evidence in the form of a certificate of work on wages Over the past 3 months, as well as photos of purchases made during the loan.
Usually the respondent explain in detail that it will not only return what should, but also moral compensation for what is happening. This is enough to sign the settlement agreement, as well as agree on the debt return scheme in the presence of third parties. Perspective to give what should and even compensation for moral damage is not particularly happy, making it necessary to think about his own behavior and return debt as soon as possible, putting a point in numerous disputes and campaigns to court.
It should be understood that in some cases it is extremely difficult to prove the fact that the borrower should be extremely difficult. This greatly agrees the trial, and can also make its outcome not in favor of the plaintiff.
Consider two key factors that significantly affect debt recovery:
- Availability or absence of evidence. If in court, except as a claim with the situation, there is nothing to submit, the probability of debt refund is sharply reduced to 12%.
- The behavior of the borrower, as well as its denial or consent to return debt. If a person is relatively configured, but due to the established challenging financial situation he does not have the opportunity to return the whole amount, you can always make a compromise, having agreed on the terms of refund. If the fact of the loan is not recognized, the case can be closed due to the lack of the composition of the crime and the facts of evidence.
Loans and loans are something without anything failure modern life. Tools are engaged in a difficult financial situation, in cases where a certain amount of property purchase is needed, the opening of its business. However, this positive opportunity often turns into a nightmare for the lender. Debts often do not return. Sometimes the debtor's obligations can be very high, and therefore they are difficult to forgive.
How to return debt? For this, there are legal and other tools. They can be applied separately and in combination. For each specific situation, the measure is selected, which will be most effective.
How can I return the debt?
Most issues with the return of debt are solved on judicial stage. Negotiations are underway between both parties, as a result of which there is a compromise option of returning funds. This is the easiest way to get money. But he is not always working and, if the person does not want to give funds, the lender can begin more serious measures.
How to make the debtor give money on your own?
It assumes an independent settlement of the conflict. A person needs to explore the laws, consult with a lawyer and prepare a list of articles that violates the debtor. This should have documents confirming the existence of debt. Such documents may be the invoice, the act of acceptance of works or goods, in the relationship of individuals - a receipt. As happens, read on our resource.
Then, with a list of requirements, the lender turns to the face having a debt. This measure of psychological pressure. It is required to notify the debtor about what measures will follow in the event that he refuses to give money.
Another independent measure is considered a complaint. It must contain the requirements for the person, as well as the timeline in which he must give money. If conditions are not executed, you can go to the next step.
Appeal to the court - one of the most effective ways.
Trial
How to make a person return duty? Appeal to the court is one of the most effective ways. To initiate the proceedings, it is required:
- Make an appropriate lawsuit;
- Attach documents that confirm the existence of debt and its amount;
- To file a lawsuit in the world or district court. If the amount of the claim is less than 50,000 rubles, the question can be solved through the world judge.
The method is effective in that the bailiffs will lead the executive process, there are legitimate leverage on the debtor. For example, it is arrest and realization of property, withdrawing funds from a salary. How debts are charged on executive sheets ,. The most effective will be the lawsuit in the court in the following cases:
- The debtor has assets, property, accounts in the bank, due to which money can be obtained;
- Expires time of limitation, and the lender appears the last opportunity to solve the case through the court;
- In stock All documents confirming the amount of debt and delay in payments.
But the solution to the problem through the court has many minuses. Until the defendant's fault has been proven, the creditor leads the costs of doing business. This is a long procedure, not always allowing to solve the problem.
How to pick up debt by contacting unofficial power structures?
How to knock the debt? Often, a desperate lender comes to mind to appeal to informal structures for a forceful solution to the issue. However, this measure has not been relevant for a long time. First, time gang and authorities, decisive questions Through violence, has already passed. Secondly, the influence of law enforcement structures has increased, and for its initiative, the lender may incur serious punishment.
In case of illegal knockout of debt, the debtor has all the tools in order to attract persons involved in pressure, to justice. This carries problems with the law, damage to reputation.
Institutions helping to get debt per person
This measure is appropriate and on pre-trial, and at the judicial stage. The lender can contact the following structures:
- Security Service. The company's security service passes a package of documents on the debtor. These may be personal information, information about relatives, if the latter is spelled out in the contract. Employees of the service are trying to contact the face, put pressure on it within the law;
- Collector agencies. This is the most popular measure in order to get money. The agency can only get a part of the amount of debt. He can also sell the debtor's obligations. Collector intervention is very effective, because they themselves are interested in getting money.
The agency uses various psychological pressure measures in the debtor. The range of rights is rather limited, and therefore there are often situations of violation of the law in the process of pressure. A person who has obligations, in this case, can file a claim with a complaint about illegal actions; - Mediators service. Mediators - specialists who help resolve the conflict peaceful way. They are responsible for finding a compromise between the two parties, negotiate. Such services are becoming increasingly popular. They are legitimate and beneficial for the lender and the debtor.
How to pick up debt? To do this, you can choose one of the listed measures, or combine them.
The lender can refer to collectors in order to get the money after receiving the executive list. Since bailiffs do not always work efficiently, while the appeal to the relevant structures will help speed up the process.
How to make a person return duty? The lender has quite a few effective tools in order to get money. But for their application, you must first get acquainted with the law:
- First, these are measures that are being taken in granting funds. The lender may also protect himself from the unscrupulousness of the debtor.
- Secondly, these are measures of judicial and extrajudicial nature, allowing you to recover money issued earlier.
How to pick up debt? To do this, you can use the following levers of influence in the debtor:
You can return debt on pre-trial and at the judicial stage.
More about how to return debt legitimate ways, You can learn from this video:
How to pick up debt? The lender has many levers of influence. Processing proceedings are considerably in terms of time and money. Appeal to collectors may entail their illegal actions that will turn to the creditor with legal liability. The best way out is to compromise with the debtor, as other methods have their drawbacks. At the stage of negotiations, about 60% of debts are given. It is safe and really works.
