Court session for debt collection. Debt recovery from individuals, as carried out, the statute of limitations. Claimed negotiations as a method for recovering debt to court

Economic situation B. lately Such is that the problem of overdue debts is particularly relevant. Often there are such debt disputes, the resolution of which is possible only in court. The reasons for non-payment of debt set, including not only an insufficient amount of funds, but also reluctance to pay. The most efficient return method borrowed money is the appeal to the court. Cases on debts not related to business activities are considered in world and district courts, debt disputes between legal entities - in arbitration. Debt recovery, both from individuals and legal entities, is a process that requires certain knowledge and considerable experience. Specialists of our legal agency "Yurgakkt-MSK" will advise you on all issues, and will also provide qualified defense on your debt dispute.

Debt collection from legal entities: Features

Not every commercial company performs contractual obligations in a timely manner. Business partners do not pay for goods and services for various reasons, but any enterprise is interested in increasing income, sales market and sphere of influence. You can recover the debt from a legal entity not only in court. This is an extreme measure to which they usually resort when all debt refund methods are exhausted. Half the case, the dispute can be resolved by a peace agreement. But, if this method of result did not give, you should not waste time - apply for a claim for recovery of debt to court.

If the plaintiff has a documentary confirmation of debt, the probability of its return in court is quite large. These can be such documents as a receipt, a contract, witness readings and other written confirmations indicating money transfer. Specialists of our legal bureau "Jurfact-MSK" are competent in the return of debts and have sufficient experience to solve such problems. We are ready to provide you with professional support, both at the pre-trial stage of resolving the issue and in the process of trial. Cooperating with us, you can not only return debt, but also to make compensation for delay and court costs.

Debt collection services from individuals

Many, for sure, heard the folk proverb "We occupy other people's money, and you have to pay our own." In order for the loan to not turn into an unbearable burden, this issue should be approached reasonably and civilized. Our specialists who have considerable experience in recovery of debts provide the following services:

• lawyer consulting;
• carrying out analysis of documentation and information regarding debt;
• compilation of claims, lawsuits;
• presentation in court, protection in the case;
• full support of the debt return procedure;
• work at the stage executive proceedings.

Debt recovery in court guarantees a full refund, of course, provided that there is evidence of the fact of transferring money. If the court decides in favor of the borrower, he receives an executive list, on the basis of which debt is paid. There is also a mechanism for debt collection with individualsas ordinal production. Such cases are considered faster, without proceedings in court, and the result is made in the form of an order of forced recovery of debt.

Debt recovery procedure in court

The procedure for collecting debt in court from individuals and legal entities is practically no different. The only difference is that in the case of legal entities, the responsibility is assigned to commercial structure. Debt recovery in court is carried out in several stages:

• the direction of the official claim. The document is sent if the claiming procedure is registered in the main contract. The debtor will have a response to the claim for 30 days. In the same period, he can get rid of assets and become bankrupt - in this case Return the duty will be more difficult. The claim is constituted in accordance with the established rules, clearly posing the requirements and consequences of non-payment. A copy of the letter and a notice of the delivery of the debtor should be preserved;
• submission of the claim. The claim is filed if the debtor did not give an answer within 30 days. This document is considered official and is compiled according to the sample. The plaintiff has the right to demand the arrest of property to ensure its requirements;
• preparation of documents confirming the availability of debt. These include the contract of sale, invoices, payments, correspondence with the debtor;
• the procedure for consideration of the case in court. It is assumed several court sessions in the presence of the plaintiff and the debtor;
• the adoption of the decision and entry into force of enforcement proceedings. Forced recovery is supported by an actuator, or issued judicial order On the recovery of debt. But, its presence does not guarantee the return of funds. Volunteer to pay the debtor maybe for 10 days. If during this time it does not return debt, the documents are transferred to the bailiffs, which is entitled to impose arrest on property, to realize the assets of the debtor, or take advantage of the entire debt recovery paths.

Law firm "Yurfakt-MSK" will help solve the debt of any complexity. Trust your problem to our qualified lawyers who will help return your money in a short time.

Why should you contact us?

The specialists of our agency for debt collection are highly qualified and constantly increase their level of knowledge. Thanks to great experience, we can warn failure and get the result required for the client. In our activities, we comply with legislation, which makes any claims that are unreasonable to respondents. Our legal bureaus guarantees that all the actions performed are legitimate, each document is verified, and the period of debt collection is accurately respected.

Turning to our experienced lawyers, you will be able to save not only money, but also time. As you know, the recovery of debt, both from physical and legal entities, is quite a long time. By charging the solution to this problem to us, you get more time to keep your business. We will also do our best to provide a lawsuit, because often owed the counterparty urgently sells property. We guarantee a debt refund, as our specialists know all the nuances of the permission of debt and have considerable experience in the legal sphere.

Our consultants will quickly answer all the questions you are interested in, recommend tactics of further actions and, if necessary, will ensure complete support of your business. Read more clarify information about our services, by filling online application Or phoning with us by phone. We guarantee high quality services, an individual approach to each client, a successful solution to any problems.

Law Bureau of Lawyer Demin Viktor Vasilyevich provides a range of services for recovery accounts receivable. If you are leading economic activities And faced the problem of accumulation of debts from the side of counterparties, welcome to our company! Our lawyers are happy to consult you and select the most optimal solution to the situation.

We list the main advantages that our lawyers have the recovery of receivables:

• Ownership of negotiation skills;
• Ability to resolve the dispute to the court;
• Reliability, operational, timeliness of the provision of services;
• Compliance with the principle of storage of lawyers;
• Development of several options for resolving the situation;
• The ability to competently compile documents;
• Narrow specialization of lawyers in a particular branch of entrepreneurship;
• Successful dispute resolution in court.

Basic services

• Consulting Services Lawyer for Debt
• Distance complaints
• Filing a claim and maintenance at meetings

10.04.2019 - Successful protection of the interests of the client in the framework of the arbitration dispute to recover the debt from the counterparty. The lawyer managed to assist in confirmation of debt, the court ruled in favor of the principal.

18.03.2019 - The case was completed on the recovery of receivables from the company, which was reorganized. The successor of the lawyer identified the successor of the firm, the appellate arbitration court decided that the amount of debt should be paid in full.

13.02.2019 - The arbitration addressed the case of transferring receivables to third parties under the contract. The decision was made in favor of the principal.

25.01.2019 - successfully defended the rights of the principal in the case of recovery of debt from the enterprise passing the bankruptcy procedure. After the realization of the property, the funds were returned to the lender.

04.01.2019 - The case was completed on the recovery of debt from the company, deliberately evading payment. The plaintiff (client of our bureau) sued fraudulent actions, providing evidence to the court. The debtor paid funds under the settlement agreement.

We provide services for the recovery of receivables turnkey

Our task is to provide the client to the maximum services and return the cash

Legal services to recover receivables

Clarification of rights and analysis of contracts

At the consultation, the specialist of our bureau carefully examines the agreement between the principal and the counterparty, followed by receivables. After that, the lawyer will make a plan for solving a problem that includes a pre-trial settlement and extreme measure - the claim of debt through the court.

Filing a claim to court

If pre-trial negotiations did not give a result, the lawyer of our company will help properly arrange a statement in judicial authorities. Lawyers for the recovery of receivables have extensive experience in the preparation of procedural documentation. Their help will contribute to the beginning of the trial without delay.

Support of the client in the judiciary

The lawyers of our company offer representative services in the courts of various levels. At meetings, lawyers protect the rights of their principal. Quite often, our customers do not attend the courts, fully trusting this issue to our specialists. If the decision did not suit the principal, then the lawyer will appeal it.

Rapid debt recovery to court

We adhere to the opinion that all measures need to be taken to resolve the problem without addressing judicial authorities. Professional lawyers to recover receivables in Moscow have tremendous experience in the peaceful settlement of issues with legitimate methods.

We will negotiate with the debtor and do everything to be paid in the shortest possible time.

Services of a lawyer to recover receivables

• Clarification and determination of methods for debt collection;
• Help at the pre-trial stage of solving problems;
• Legal expertise of contracts with counterparties;
• Submitting a claim to the arbitration instance;
• Recovery of receivables from legal entities;
• Obtaining and transferring an actuator into the relevant structures;
• Representation of the company at each stage of the arbitration process;
• Submission of complaints in appeals, cassation, supervisory instance.

The cost of a lawyer's services to recover receivables

Help professionals

Judicial - This is a procedure providing for forced debt return.

Such a procedure is carried out in order litigation and enforcement proceedings. Each of these stages has its own characteristics and lasts throughout a certain period. As a rule, the more difficult and confusing the situation, the more time it will be necessary.

Charge charge debt

There are three debt recovery stages:

• pre-trial proceedings. During this period, both sides are looking for compromises;
• debt recovery. The borrower and the lender are asked for help to the judge, which considers in detail the claims individually;
• property arrest or bills. If the borrower has mortgaged property, he is selected as a loan payment.

The deadline for the recovery of debt on taxes in court is established depending on the set of factors. Most often it is 2 months from the date of consideration of the claim.

Consider the procedure for recovering debt by bailiffs. First, the claim is submitted and an executive list is formed, which is transmitted to the FSSP within three days from the date of their receipt to the division of bailiffs. At the expiration of this period, an order is made about the start of the enforcement proceedings. FSSP denied the initiation of enforcement proceedings when legal document There are errors or there are no necessary data. The refusal will be in the absence of a press and signature of the judge.

If the executive production has begun, the bailiffs will describe the property, withdraw and sell for debt repayment. You will have a short time before real estate or vehicles to pay off debt. If this is not, the property will be sold at the auction of bailiffs, and funds will be paid for payment of debt and interest.

The procedure for the work of bailiffs to recover the debt and the hours of receiving citizens in FSSP are determined depending on the division. You can clarify the nuances on the official FSSP website or by phone contact center.

Accounts are a total amount of debts that are due to organizations from legal entities or individuals according to the total relationship with them. Most often, such debts appear as a result of sales on credit.

There is a complaint and judicial procedure for charging funds. With a voluntary manner, the parties do not go to court, and the debtor redesects debt. The recovery of receivables in court assumes the filing of the claim to the appropriate arbitration court.

Regarding tax disputes, the charity system has its own characteristics. Forced recovery tax debt In court manifest:

• at the expense of funds on bank accounts;
• from receivables;
• by selling arrested items;
• using the issue of company shares at a special price.

The procedure is carried out in the order of recovery of debt on the court order.

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.

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 transfers the bailiffs, and they 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.

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 collector 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, there is usually an item that gives the right to banks to resort to such a way of influencing debtors in case of failure to fulfill their obligations.

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:

Executive production

If the defendant shies away from paying the debt even after the court decisions, a forced debt recovery is carried out. State performers are engaged in the compulsory execution of the court decision.

In the presence of an appropriate statement of the recoverer, the Contractor can not only open the enforcement proceedings, but also impose an arrest on the debtor's property to full repayment Debt. This is an appropriate decision of the executive service. From the day of the decision on the beginning of the executive proceedings, the state performer has a six-month-term at its disposal to conduct executive actions.

The opening of the enforcement proceedings implies and making a decision on the search for property. The execution of the decision of the court is engaged in government performers at the place of residence, stay or service of the debtor or at the location of the property that belongs to him.

The state performer may resort to the following measures:

• pay for cash and other property, including the property rights of the debtor, even if they are in third parties;
• pay for any revenue of the debtor (earnings, pension, scholarship, etc.);
• withdraw from the debtor and transmit certain items provided for by the court decision;
• take other measures if they are provided for by the decision.

Thus, debt collection is a comprehensive procedure, during which various state bodies and services can be involved. Each of the stages of the procedure providing debt returns has its own characteristics and is regulated by certain legal norms. Creditors who are going to collect debt must know the correct procedure for the implementation of this procedure in order not to delay its execution.

Encounter the need to return debt in forced order every physical and entity. Therefore, the knowledge of the legal norms regulating this procedure is able to facilitate and speed up the return of debt. Treat seriously debt obligations that take on!

You will act as a lender or debtor, keep all the documentation that is associated with the debt obligation. It will help you avoid loss. money or responsibility for those debenturesthat you did not take on.

Debt recovery in court is made on the basis of the official executive documentwho is made by the judge. He, in turn, is guided by the statement financial organization On charging an overdue money loan and percent from the borrower. Judicial orders enjoy much more popular among Russian lenders than statements on the claim.

Debt charge on the basis of the court order more prompt and favorable way receipt executive sheets. For example, during appeal to court with a claim for waiting for executive sheets is spent from 2 to 12 months (in some cases more), and after the order of the judge, the decision begins to act in 2 months. After that, the case is transferred to the bait, and it can arrest your property and accounts.

Preparation of the claim

Debt recovery is one of the most common procedures. Citizens turn to lawyers when debtors refuse to voluntarily fulfill obligations.

The only legitimate option to recover the debt in court is to submit a claim.

The application can be submitted independently, but then difficulties often arise:

• not to properly draw up or design a document;
• availability of errors and typos;
• you should know which court to contact so on.

There are two options for the definition of the court, according to the jurisdiction and belonging to a certain territory. In the first case, the peculiarities of the dispute take into account:

• civil;
• arbitration;
• world.

Substitution for judicial recovery Debt in court depends on the address of the debtor or a charter, which is indicated in the contract.

Statement of claim

By general principle The compilation of the claim for the return of debt through the court is similar to the compulsory claim by the debtor.

The first side of the document.

Continuation of the form.

In any lawsuit, details should indicate details and other important information so that the court has an objective understanding of the conflicting parties.

Also, when drawing up a statement, it is necessary to describe the essence of the case in detail:

• the circumstances that led to legal relations;
• a way of issuing financial obligations;
• the moment of violations;
• amount of debt;
• dates of the return of debt;
• penalties;
• other important facts and terms of contract.

For a statement to recover debts in court, documents confirming the requirements are attached:

• a copy of the receipt of payment of state duty;
• a receipt or contract confirming the transfer of funds.

Documents are certified by signature or seal. Originals are better to leave for the presentation during the court session. Additional copies of documents are left for the defendant. The statement to recover the debt through the court should meet the norms of procedural and material law. The help of a lawyer is important not only in drawing up a claim, its participation in the lawsuit is of great importance to achieve the desired result.

Lawyer's work

Conditionally recovery of debt in the Arbitration Court consists of three stages:

• pre-trial settlement of the dispute (negotiations from debtors about voluntary fulfillment of obligations);
• trial;
• execution of the decision.

After preparing documents confirming the debt, and the submission of the claim is the period during which the court considers the case. The lawsuit is necessary to certify the obligations of the debtor and its consolidation formally.

The lender may submit a petition for the claim. Its execution is possible at the case of the consideration of the case or after the transfer of the decision to execution.

How to cancel an order for debt collection

Judicial orders are convenient to banking organizations, and the borrower is much more profitable for the claim. Many people do not understand the difference in these concepts and can not defend their rights.

The advantages of the claim:

• the borrower acts as a defendant and has the opportunity to get all the documents in his work and to defend its rightness with a lawyer;
• the borrower will be informed of all court sessions and can personally attend them. There, he will have a chance to challenge the decision of the court, reduce the amount of penalties and interest;
• the borrower may file a lawsuit for the bank to return retained commission fees, insurance and demand to delay the actuation of the court decision.

If you have already received a court order to recover the debt and interest, then a letter should be sent to court with an objection no later than ten days from the date of receipt of the document. This is your legal right. Note: While receiving such letters, you need to install not only the signature, but also the date and exact time of receipt (up to minutes). Urgently send your objections in writing, and the judge on the basis of this document cancels the previous order. Deciders in turn will receive a notification of the cancellation of the order and can file a lawsuit in a proper order. Copies of the Court's Decision Documents are sent to both parties three days after its signing.

The greatest problem for the borrower may be ignorance about recovery communal debt judicially. They may even forcibly write off the funds from the account without its knowledge. On the cancellation of such a document is given 10 days.

Causes to challenge the act:

• with the overestimated amount of the required payment. You can calculate the optimal amount on the basis of payment and receipts;
• if part of the required debt has expired time limitations;
• in case of inconsistencies in the requirements of current legislation (it is better to additionally consult with a lawyer).

Debt collection on alimony in court is carried out after submitting a claim for payments. Aliminal payments can be made not only for the maintenance of minor children, but also on incapacitated parents.

Claimed negotiations as a method for recovering debt to court

Claimed negotiations are the initial pre-trial method for resolving the debt conflict with debtors. Negotiations on the recovery of debt are conducted in writing, under the conditions approved in the contract, and in the absence of those - on legal nonoras of business behavior (turnover).

If a written contract was concluded, then in it, as a rule, the procedure for collecting the arrears formed or the procedure for its repayment to court is regulated. The dialogue between the person interested in receiving the debt (Bimodavtsev or Lender), and the person who violated the contractual obligations (the borrower or the debtor), begins with the establishment of a claim for a violation of the contract. Legal grounds for issuing a claim are prescribed in each contract, whether it is a contract for the supply of goods, rental of premises, providing services or a normal cash outplace.

It is important to understand that the success of claims for the return of debt without a court largely depends on the professionally completed and competently compiled document, i.e. The claim itself, in which all the requirements of the law must be met.

In legal practice there is an opinion that it is better to resolve the issue of collecting debts by pre-trial proceedings. The successful result of the pre-trial work is the conclusion of the settlement agreement on debt repayment. As a result of negotiations, new mutually beneficial agreements can be achieved and further actions are registered on the execution of violated obligations.

For each stage of recovery, the return of debt (through the court or before the court) set up a certain time frame. It is important to legally competently approach the problem of the problem with debtors and be sure to comply with the procedure before turning to court, as well as during the entire trial.

How to recover debt through the court. Judicial debt collection procedure

Commercial I. state organizationsAlso, ordinary citizens may face the non-fulfillment of contractual or oral obligations from their partners or other individuals almost at any time. Systematic violations of payments or a complete refusal to fulfill their obligations of one of the parties is considered a significant reason for the beginning of the debt collection procedure in court.

It is important to find out how to get better cash debt. check financial condition The borrower, because any trial - the event is quite expensive.

As soon as all legitimate grounds for appealing to court and tested the financial potential of the debtor for the return of debt, and the pre-trial proceedings did not bring the expected result, they should move to the next step - the recovery of debt through the court.

This procedure occurs in the following order: collecting the necessary documentation; Writing and submitting a claim in courts; participation in judicial processes; Solving the court and its execution together with the bailiffs.

When initiating a lawsuit on recovery of debt from the debtor, the main burden falls on the shoulders of the plaintiff. Therefore, doing business trust or lawyers of their organization, or an attracted lawyer. Lawyer or lawyer can find out real financial opportunities Debtor, check who was still sued and sues this face (organization). Responsibilities for the preparation of the entire package of pre-trial and judicial documents also lie on a lawyer or lawyer. Largely the result judicial decision will depend on the professionalism of the specialist.

Recovery through the court at the expense of the debtor.

It is important to note that the plaintiff can recover from the debtor through the court as the main amount of money, so additional fines, penalties, penalties, losses for overdue debt, according to law or contract. Note that all lawyer services paid by the plaintiff are charged and paid by the defendant. In addition, in court, you can recover additional interest for overdue execution by the debtor of property or money obligations.

Who can apply to debt debt in court

As a rule, lenders are treated for debt collection, that is, faces who lend to other persons a certain amount of money on the terms of return. At the same time, the second side does not want to voluntarily give his debt. Creditors may be individuals and legal entities, such as:

• banks and others financial structuresissued loans to their customers;
• enterprises I. individual entrepreneurswho are creditors in relation to their debtors (transferred a sum of money or shipped the goods for which the debtor is not calculated, because of which an overdue receivables arises);
• individuals who lent money on the terms of receipt or other written debt document.

How is the court decision on debt recovery

When the lender has an entered in his hands legal force The decision, as a positive result of the recovery of debt upon court, the executive production stage occurs. This is the final step towards the return of funds. The process of enforcement proceedings, as a rule, do bailiffs, the responsibilities of which include control over the implementation of judicial acts.

At this final stage, it is important as often as possible and more closely to interact with bailiffs. Planned procedures for the management of debt repayment are carried out with the debtor, and among the measures taken by bailies, there may be: overlaying the property of the debtor's property, blocking or arresting his accounts, the introduction of a ban on the borrower departure beyond Russian Federation.

If you faced the problem of debt collection from an optional partner or a borrower, it is important to remember that time works against you in a similar situation. By contacting specialists will greatly facilitate the solution of problems with debt, since any rights of the claim have their legal liability life, and to prove the fact that the debt borrower is much easier to "on hot stakes".

What measures apply the court to recover the debt

The purpose of any trial is a real or actual repayment of debt. For which the court applies measures to ensure the claim. Often the debtor, the defendant on the suit, in advance "hides" its cash and property from recovery. Most Popular Methods: Closing bank accounts, money transfers on hidden accounts, reissuing movable and real Estate on trusted persons.

There are relevant laws to protect the plaintiff on the possible actions of the defendant. The plaintiff has the right to submit a statement to the court to ensure the claim, as at the beginning of the process, so during it, before the adoption of a court decision. It is better to submit a statement to the fastest time limit, without giving the debtor to hide material and other values.

The court to ensure the claim will use basic measures - this is the urgent arrest of accounts and property of the debtor. The attachment service, having a judicial order in his hands, will make an inventory of the debtor's values, forbidding them to dispose, and the most expensive property is confiscated. Such measures will ensure the real recovery of debt and the return of debt at the stage of execution of the court decision.

The plaintiff must submit only an honest and right statement to ensure the claim, as well as prove the court of the need for its application. Otherwise, the defendant may submit a counterclaim about the abolition of the arrest of his material and other values. It is necessary to thoroughly prepare for all the tricks of the debtor and legally competently substantiate the court of your arguments and requirements.

Debt recovery through the court is carried out in cases where to achieve debt repayment in pretty order Failed, but negotiations with debtors, their notifications and warnings, as well as other events unsuccessful. A person evades paying payments by the body of a loan and interest, avoids contact with employees of banks and creditors, aggressively defends its rightness and all his actions make it clear that he is not going to repay the debt.

The consequence of such a situation, as a rule, is the recovery of debt in court, from the executive bodies of which it is almost impossible to apply.

Features of debt collection in court

To demand the return of debt, it is necessary to contact the judicial authority at the location of the debtor.

The period of recovery is 3 years from the moment when the debtor's commitment was to be fulfilled, that is, the return of debt, payment of the service or product.

If the debtor at some point recognizes or confirms the existence of his debt, the three-year period begins to calculate since its recognition.

In the case when the debt collection is missing for an important reason, it is necessary to submit an application for the restoration of the missed time.

Appeal to the judicial body with a claim for debt recovery should be accompanied by the selection of documents that confirm the fact of the existence of debt. These are documents such as:

• overhead;
• acts of forms of KS2, KS3;
• acts of acceptance and transmission;
• receipts;
• contracts and others.

Turning to court with a claim on this issue, it is necessary to pay state duty in the desired size. After the end of the process, the court appoints the payment of the fee to the loser's party.

Consideration of the issue of debt in court is based on the analysis of the available documentation. Of course, testimony is also important and taken into account, but when it comes to financial matters, it is necessary to ensure the correct preparation of relevant documents.

After making a decision, the court needs to conduct actual debt recovery. To do this, you need to receive an executive letter and contact the service of bailiffs.

Pros of litigation for the debtor-borrower

It should be borne in mind that when the banking organization submits documents to the court - the accrual of annual termination. Eventually total amount The debt becomes substantially low in comparison with the recovery of debt in other ways (when interest and penalty accruals continue to appeal).

The debtor has full law To appeal against a judicial decision in the debtor there is a guaranteed right to submit a petition where you can register the following:

• return already paid insurance part;
• postponement of the future execution of a court decision;
• the request to cancel already accrued penalties (or reduced them).

In the overwhelming majority of cases, according to the results of judicial review, the courts exempt the payer from most of the debt and leave for it the right to pay only interest at the rate indicated in loan agreement And the "body" of the loan itself.

Such right needs to know and use it, if necessary, to all customers-to-widths. It is governed by Article.333 of the Civil Code of the Russian Federation (the law on the recalculation of penalties "). But, according to statistics, only 10% of all cases debtors were issued such a petition. Moreover, considering that most of the debt formed and consists of penalties and penalty interests.

Minuses of litigation

Of course, not everything is so rosy when it comes to large debts on loans. If the debtor at the time of judicial review is officially employed, the judicial authorities can oblige a debt monthly to debt 50% wages. And with the existing dear property - to impose on it an arrest and subsequently implement in favor of the creditor.

But the most basic thing - it will be thoroughly corrupted credit history (Ki). Information about this will come in a special registry, where bank payers are recorded. And this means only one thing - the ban on the further design of any loans will refuse even when the household inexpensive loan is executed.

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 objective Such events are to constantly keep the recipient of the loan aware of the existing debt and motivate it to refund.

Calls to 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.

SMS informs

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.

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.

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.

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.

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. Loan agreement in the required writing (Art. 807, 808 Civil Code 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 of the Russian Federation, Articles 56, 60 of the Civil Procedure Code of the Russian Federation, on the basis of an assessment of the presented evidence, including the presented receipts 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 may be presented to the sequel to the borrower or other document certifying the transmission to it by the lender monetary sum or a certain number of things (part 2 of Art. 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 ...